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  1. Biosimilar User Fee Amendments

Completed BsUFA II Deliverables

Since the passage of the Biosimilar User Fee Act (BsUFA) in 2012, user fees have played an important role in expediting the process for the review of biosimilar products. BsUFA must be reauthorized every five years, and in August 2017, the President signed into law the Food and Drug Administration Reauthorization Act (FDARA), that includes the reauthorization of BsUFA through fiscal year 2022. To provide a snapshot of how FDA is meeting its commitments, the following table provides a listing of completed deliverables required under BsUFA. This table represents the original deliverables that FDA produced to meet its commitments, but it does not necessarily include more recent versions that may have posted after the deliverables were met.

Please note the summary table does not include deliverables intended for internal use, including: 

  • Updates to internal policies and procedures,
  • Program updates or pilot programs,
  • Staff training requirements and
  • Interim milestones (e.g. Federal Register notices).

For more detailed information regarding BsUFA performance progress, please see the BsUFA Performance Reports page. 

Deliverable TitleTypeDescriptionReferenceDate Published
Best Practices for Communication Between IND Sponsors and FDA During Drug DevelopmentFinal Guidance Updated guidance on best practices for communication between IND sponsors and FDA during drug development.Meeting Management Goals12/29/2017
BsUFA II: Assessment of the Program for Enhanced Review Transparency and Communication in the Biosimilar User Fee Act, Final ReportPublic ReportFinal assessment of the efficiency and effectiveness of the BsUFA review program, conducted by an independent contractor.Program for Enhanced Review Transparency and Communication for Original 351(k) BLAs2/21/2022
BsUFA II: Assessment of the Program for Enhanced Review Transparency and Communication in the Biosimilar User Fee Act, Interim ReportPublic ReportInterim assessment of the efficiency and effectiveness of the BsUFA review program, conducted by an independent contractor.Program for Enhanced Review Transparency and Communication for Original 351(k) BLAs12/2/2020
BsUFA Quarterly Hiring UpdatesWebsite Posting / UpdateQuarterly hiring data to provide updates on the status of BsUFA-hired FTEs.Set Clear Goals for Human Drug Review Program HiringLast Updated: 4/12/2022
Clinical Pharmacology Data to Support a Demonstration of Biosimilarity to a Reference ProductFinal Guidance Publish final guidance on the clinical pharmacology data necessary to support a demonstration of biosimilarity.Advancing Development of Biosimilar Biological Products Through Further Clarification of the 351(k) Regulatory Pathway12/29/2016
Considerations in Demonstrating Interchangeability With a Reference ProductFinal Guidance Final guidance describing considerations for designating biosimilar biological products as interchangeable to a reference product. (Draft guidance published 1/18/2017)Advancing Development of Biosimilar Biological Products Through Further Clarification of the 351(k) Regulatory Pathway5/10/2019
Development of Therapeutic Protein Biosimilars: Comparative Analytical Assessment and Other Quality-Related ConsiderationsDraft GuidanceDraft guidance describing the Agency's recommendations on the design and evaluation of comparative analytical studies.Advancing Development of Biosimilar Biological Products Through Further Clarification of the 351(k) Regulatory Pathway5/21/2019
FDA Final Hiring and Retention Assessment, Final ReportPublic ReportFinal study including the current state and recommended options for hiring processes and staff capacity.Comprehensive and Continuous Assessment of Hiring and Retention12/10/2021
FDA Interim Hiring and Retention Assessment ReportPublic ReportInterim study including the current state and recommended options for hiring processes and staff capacity.Comprehensive and Continuous Assessment of Hiring and Retention6/5/2020
FDA PDUFA Hiring and Retention Final Assessment Public MeetingPublic MeetingPublic meeting to discuss the final assessment of FDA Hiring and Retention.Comprehensive and Continuous Assessment of Hiring and Retention3/15/2022
FDA PDUFA Hiring and Retention Interim Assessment Public MeetingPublic MeetingPublic meeting to discuss the interim assessment of FDA Hiring and Retention.Comprehensive and Continuous Assessment of Hiring and Retention7/30/2020
Financial Transparency and Efficiency of the Prescription Drug User Fee Act, Biosimilar User Fee Act, and Generic Drug User Fee Amendments (FY2019)Public MeetingPublic meeting to invite comments on financial transparency and efficiency of the user fee acts.Enhancing Management of User Fee Resources6/7/2019
Financial Transparency and Efficiency of the Prescription Drug User Fee Act, Biosimilar User Fee Act, and Generic Drug User Fee Amendments (FY2020)Public MeetingPublic meeting to invite comments on financial transparency and efficiency of the user fee acts.Enhancing Management of User Fee Resources6/22/2020
Financial Transparency and Efficiency of the Prescription Drug User Fee Act, Biosimilar User Fee Act, and Generic Drug User Fee Amendments (FY2021)Public MeetingPublic meeting to invite comments on financial transparency and efficiency of the user fee acts.Enhancing Management of User Fee Resources6/28/2021
Five-Year Financial Plan Fiscal Years 2018-2019-2020-2021-2022, 2018 Version, for BsUFAPublic ReportFDA's initial five-year financial plan which will be updated annually.Financial Transparency and Efficiency3/29/2018
Five-Year Financial Plan Fiscal Years 2018-2019-2020-2021-2022, 2019 Update, for BsUFAPublic Report2019 update to FDA's five-year financial plan.Financial Transparency and Efficiency5/31/2019
Five-Year Financial Plan Fiscal Years 2018-2019-2020-2021-2022, 2020 Update, for BsUFAPublic Report2020 update to FDA's five-year financial plan.Financial Transparency and Efficiency3/31/2020
Five-Year Financial Plan Fiscal Years 2018-2019-2020-2021-2022, 2021 Update, for BsUFAPublic Report2021 update to FDA's five-year financial plan.Financial Transparency and Efficiency3/30/2021
Five-Year Financial Plan Fiscal Years 2018-2019-2020-2021-2022, 2022 Update, For BsUFAPublic Report2022 update to FDA's five-year financial plan.Financial Transparency and Efficiency3/30/2022
Formal Meetings Between the FDA and Sponsors or Applicants of BsUFA ProductsDraft Guidance Revised draft guidance on formal meetings between FDA and sponsors.Meeting Management Goals6/5/2018
FY2018 Human Drug User Fees Financial Management EvaluationPublic ReportEvaluation of PDUFA, BSUFA, and GDUFA program resource management during FY 2018.Enhancing Management of User Fee Resources5/22/2019
Good Review Management Principles and Practices for New Drug Applications and Biologics License ApplicationsDraft GuidanceRevised draft guidance on good review management principles and practices.First Cycle Review Management9/25/2018
Independent Evaluation of the PDUFA and BsUFA Resource Capacity Planning Adjustment MethodologyPublic ReportEvaluation of options and recommendations for the new methodology to accurately assess changes in the resource and capacity needs of the human drug review program.Resource Capcaity Planning and Modernized Time Reporting4/3/2020
Initial Assessment of FDA Hiring and Retention - A Path ForwardPublic ReportInitial baseline study including the current state and recommended options for hiring processes and staff capacity.Comprehensive and Continuous Assessment of Hiring and Retention11/15/2017
Initial Public Meeting on FDA Hiring and Retention - A Path ForwardPublic MeetingPublic meeting to discuss the intial assessment of FDA Hiring and Retention.Comprehensive and Continuous Assessment of Hiring and Retention11/30/2017
Labeling for Biosimilar ProductsFinal Guidance Publish final guidance on the labeling for biosimilar products.Advancing Development of Biosimilar Biological Products Through Further Clarification of the 351(k) Regulatory Pathway7/19/2018
New and Revised Draft Q&As on Biosimilar Development and the BPCI Act (Revision 2)Draft GuidancePublish draft guidance on the processes and considerations related to post-approval manufacturing changes for biosimilar biological products. Advancing Development of Biosimilar Biological Products Through Further Clarification of the 351(k) Regulatory Pathway12/11/2018
Nonproprietary Naming of Biological ProductsFinal Guidance Publish final guidance on the nonproprietary naming of biological products.Advancing Development of Biosimilar Biological Products Through Further Clarification of the 351(k) Regulatory Pathway1/13/2017
Public Meeting: Final Assessment of the Program for Enhanced Review Transparency and Communication in the Biosimilar User Fee ActPublic MeetingFinal report on the assessment of the efficiency and effectiveness of the BsUFA review program, conducted by an independent contractor. Program for Enhanced Review Transparency and Communication for Original 351(k) BLAs3/22/2022
Public Meeting: Interim Assessment of the Program for Enhanced Review Transparency and Communication in the Biosimilar User Fee ActPublic MeetingInterim report on the assessment of the efficiency and effectiveness of the BsUFA review program, conducted by an independent contractor. Program for Enhanced Review Transparency and Communication for Original 351(k) BLAs1/27/2021
Questions and Answers on Biosimilar Development and BPCI Act Guidance for IndustryFinal Guidance Publish final guidance describing processes and further considerations related to post-approval manufacturing changes.Advancing Development of Biosimilar Biological Products Through Further Clarification of the 351(k) Regulatory Pathway9/17/2021
Resource Capacity Planning & Modernized Time Reporting Implementation PlanImplementation PlanImplementation plan for FDA's approach to resource capacity planning and modernized time reporting.Resource Capacity Planning and Modernized Time Reporting3/30/2018
Statistical Approaches to Evaluate Analytical SimilarityDraft GuidancePublish draft guidance on the evaluation of analytical similarity for biosimilar products. Advancing Development of Biosimilar Biological Products Through Further Clarification of the 351(k) Regulatory PathwayDraft: 09/22/2017 Withdrawn: 6/21/2018

 

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