---
kind: "section"
citation: "21 U.S.C. § 360bbb–4a"
title: "21"
title_heading: "Food and Drugs"
number: "360bbb–4a"
heading: "Priority review to encourage treatments for agents that present national security threats"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/360bbb-4a"
units:
  - "Chapter 9 — Federal Food, Drug, and Cosmetic Act"
  - "Subchapter V — Drugs and Devices"
  - "Part E — General Provisions Relating to Drugs and Devices"
---

# §360bbb–4a. Priority review to encourage treatments for agents that present national security threats

- (a) **Definitions—** In this section:
  - (1) **Human drug application—** The term “human [drug](/usc/21/321.md?p=g-1) application” has the meaning given such term in [section 379g(1) of this title](/usc/21/379g.md?p=1).
  - (2) **Priority review—** The term “priority review”, with respect to a human [drug](/usc/21/321.md?p=g-1) application, means review and action by the [Secretary](/usc/21/321.md?p=d) on such application not later than 6 months after receipt by the [Secretary](/usc/21/321.md?p=d) of such application, as described in the Manual of Policies and Procedures in the [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) Administration and goals identified in the letters described in [section 101(b)](/usc/21/101.md) of the [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) Administration Safety and Innovation Act.
  - (3) **Priority review voucher—** The term “priority review voucher” means a voucher issued by the [Secretary](/usc/21/321.md?p=d) to the [sponsor](/usc/21/360fff.md?p=8) of a material threat medical countermeasure application that entitles the holder of such voucher to priority review of a single human [drug](/usc/21/321.md?p=g-1) application submitted under [section 355(b)(1) of this title](/usc/21/355.md?p=b-1) or section 351(a) of the Public Health Service Act [[42 U.S.C. 262(a)](/usc/42/262.md?p=a)] after the date of approval of the material threat medical countermeasure application.
  - (4) **Material threat medical countermeasure application—** The term “material threat medical countermeasure application” means an application that—
    - (A) is a human [drug](/usc/21/321.md?p=g-1) application for a [drug](/usc/21/321.md?p=g-1) intended for use—
      - (i) to prevent, or treat harm from a biological, chemical, radiological, or nuclear agent identified as a material threat under section 319F–2(c)(2)(A)(ii) of the Public Health Service Act [[42 U.S.C. 247d–6b(c)(2)(A)(ii)](/usc/42/247d–6b.md?p=c-2-A-ii)]; or
      - (ii) to mitigate, prevent, or treat harm from a condition that may result in adverse health consequences or death and may be caused by administering a [drug](/usc/21/321.md?p=g-1), or biological [product](/usc/21/360eee.md?p=13) against such agent; and
    - (B) the [Secretary](/usc/21/321.md?p=d) determines eligible for priority review;
    - (C) is approved after December 13, 2016; and
    - (D) is for—
      - (i) a human [drug](/usc/21/321.md?p=g-1), no active moiety (as defined by the [Secretary](/usc/21/321.md?p=d) in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations)) of which has been approved in any other application under [section 355(b)(1) of this title](/usc/21/355.md?p=b-1); or
      - (ii) a biological [product](/usc/21/360eee.md?p=13), no active ingredient of which has been approved in any other application under section 351 of the Public Health Service Act [[42 U.S.C. 262](/usc/42/262.md)].
- (b) **Priority review voucher—**
  - (1) **In general—** The [Secretary](/usc/21/321.md?p=d) shall award a priority review voucher to the [sponsor](/usc/21/360fff.md?p=8) of a material threat medical countermeasure application upon approval by the [Secretary](/usc/21/321.md?p=d) of such material threat medical countermeasure application.
  - (2) **Transferability—** The [sponsor](/usc/21/360fff.md?p=8) of a material threat medical countermeasure application that receives a priority review voucher under this section may transfer (including by sale) the entitlement to such voucher to a [sponsor](/usc/21/360fff.md?p=8) of a human [drug](/usc/21/321.md?p=g-1) for which an application under [section 355(b)(1) of this title](/usc/21/355.md?p=b-1) or section 351(a) of the Public Health Service Act [[42 U.S.C. 262(a)](/usc/42/262.md?p=a)] will be submitted after the date of the approval of the material threat medical countermeasure application. There is no limit on the number of times a priority review voucher may be transferred before such voucher is used.
  - (3) **Notification—**
    - (A) **In general—** The [sponsor](/usc/21/360fff.md?p=8) of a human [drug](/usc/21/321.md?p=g-1) application shall notify the [Secretary](/usc/21/321.md?p=d) not later than 90 calendar days prior to submission of the human [drug](/usc/21/321.md?p=g-1) application that is the subject of a priority review voucher of an intent to submit the human [drug](/usc/21/321.md?p=g-1) application, including the date on which the [sponsor](/usc/21/360fff.md?p=8) intends to submit the application. Such notification shall be a legally binding commitment to pay for the user fee to be assessed in accordance with this section.
    - (B) **Transfer after notice—** The [sponsor](/usc/21/360fff.md?p=8) of a human [drug](/usc/21/321.md?p=g-1) application that provides notification of the intent of such [sponsor](/usc/21/360fff.md?p=8) to use the voucher for the human [drug](/usc/21/321.md?p=g-1) application under [subparagraph (A)](#b-3-A) may transfer the voucher after such notification is provided, if such [sponsor](/usc/21/360fff.md?p=8) has not yet submitted the human [drug](/usc/21/321.md?p=g-1) application described in the notification.
- (c) **Priority review user fee—**
  - (1) **In general—** The [Secretary](/usc/21/321.md?p=d) shall establish a user fee program under which a [sponsor](/usc/21/360fff.md?p=8) of a human [drug](/usc/21/321.md?p=g-1) application that is the subject of a priority review voucher shall pay to the [Secretary](/usc/21/321.md?p=d) a fee determined under [paragraph (2)](#c-2). Such fee shall be in addition to any fee required to be submitted by the [sponsor](/usc/21/360fff.md?p=8) under subchapter VII.
  - (2) **Fee amount—** The amount of the priority review user fee shall be determined each fiscal year by the [Secretary](/usc/21/321.md?p=d) and based on the average cost incurred by the agency in the review of a human [drug](/usc/21/321.md?p=g-1) application subject to priority review in the previous fiscal year.
  - (3) **Annual fee setting—** The [Secretary](/usc/21/321.md?p=d) shall establish, before the beginning of each fiscal year beginning after September 30, 2016, for that fiscal year, the amount of the priority review user fee.
  - (4) **Payment—**
    - (A) **In general—** The priority review user fee required by this subsection shall be due upon the submission of a human [drug](/usc/21/321.md?p=g-1) application under [section 355(b)(1) of this title](/usc/21/355.md?p=b-1) or section 351(a) of the Public Health Service Act [[42 U.S.C. 262(a)](/usc/42/262.md?p=a)] for which the priority review voucher is used.
    - (B) **Complete application—** An application described under [subparagraph (A)](#c-4-A) for which the [sponsor](/usc/21/360fff.md?p=8) requests the use of a priority review voucher shall be considered incomplete if the fee required by this subsection and all other applicable user fees are not paid in accordance with the [Secretary](/usc/21/321.md?p=d)’s procedures for paying such fees.
    - (C) **No waivers, exemptions, reductions, or refunds—** The [Secretary](/usc/21/321.md?p=d) may not grant a waiver, exemption, reduction, or refund of any fees due and payable under this section.
  - (5) **Offsetting collections—** Fees collected pursuant to this subsection for any fiscal year—
    - (A) [^1] shall be deposited and credited as offsetting collections to the account providing appropriations to the [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) Administration; and
    - (6) [^2] shall not be collected for any fiscal year except to the extent provided in advance in appropriation Acts.
- (d) **Notice of issuance of voucher and approval of products under voucher—** The [Secretary](/usc/21/321.md?p=d) shall publish a notice in the Federal Register and on the Internet website of the [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) Administration not later than 30 calendar days after the occurrence of each of the following:
  - (1) The [Secretary](/usc/21/321.md?p=d) issues a priority review voucher under this section.
  - (2) The [Secretary](/usc/21/321.md?p=d) approves a [drug](/usc/21/321.md?p=g-1) pursuant to an application submitted under [section 355(b) of this title](/usc/21/355.md?p=b) or section 351(a) of the Public Health Service Act [[42 U.S.C. 262(a)](/usc/42/262.md?p=a)] for which the [sponsor](/usc/21/360fff.md?p=8) of the application used a priority review voucher issued under this section.
- (e) **Eligibility for other programs—** Nothing in this section precludes a [sponsor](/usc/21/360fff.md?p=8) who seeks a priority review voucher under this section from participating in any other incentive program, including under this chapter, except that no [sponsor](/usc/21/360fff.md?p=8) of a material threat medical countermeasure application may receive more than one priority review voucher issued under any section of this chapter with respect to such [drug](/usc/21/321.md?p=g-1).
- (f) **Relation to other provisions—** The provisions of this section shall supplement, not supplant, any other provisions of this chapter or the Public Health Service Act [[42 U.S.C. 201](/usc/42/201.md) et seq.] that encourage the development of medical countermeasures.
- (g) **Sunset—** The [Secretary](/usc/21/321.md?p=d) may not award any priority review vouchers under [subsection (b)](#b) after October 1, 2023.

## Footnotes

[^1]: So in original. No subpar. (B) has been enacted.
[^2]: So in original. Probably should be designated as subpar. (B).

## Source credit

(June 25, 1938, ch. 675, § 565A, as added Pub. L. 114–255, div. A, title III, § 3086, Dec. 13, 2016, 130 Stat. 1144; Pub. L. 117–9, § 1(a)(5), Apr. 23, 2021, 135 Stat. 258.)

## Notes

### Editorial Notes

### References in Text

Section 101(b) of the Food and Drug Administration Safety and Innovation Act, referred to in subsec. (a)(2), is section 101(b) of Pub. L. 112–144, which is set out as a note under section 379g of this title.

The Public Health Service Act, referred to in subsec. (f), is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to chapter 6A (§ 201 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

### Amendments

2021—Subsec. (a)(4)(D). Pub. L. 117–9 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “is for a human drug, no active ingredient (including any ester or salt of the active ingredient) of which has been approved in any other application under section 355(b)(1) of this title or section 351(a) of the Public Health Service Act.”