{"identifier":"/us/usc/t21/s360a\u20131","title":21,"num":"\u00a7\u202f360a\u20131.","heading":"Clinical trials","text":"\u00a7\u202f360a\u20131.\nClinical trials\n(a)\nReview and revision of guidance documents\n(1)\nIn general\nThe Secretary of Health and Human Services (referred to in this section as the \u201cSecretary\u201d) shall review and, as appropriate, revise not fewer than 3 guidance documents per year, which shall include\u2014\n(A) reviewing the guidance documents of the Food and Drug Administration for the conduct of clinical trials with respect to antibacterial and antifungal drugs; and\n(B) as appropriate, revising such guidance documents to reflect developments in scientific and medical information and technology and to ensure clarity regarding the procedures and requirements for approval of antibacterial and antifungal drugs under chapter V of the Federal Food, Drug, and Cosmetic Act (\n21 U.S.C. 351\n(2)\nIssues for review\nAt a minimum, the review under paragraph (1) shall address the appropriate animal models of infection, in vitro techniques, valid microbiological surrogate markers, the use of noninferiority versus superiority trials, trial enrollment, data requirements, and appropriate delta values for noninferiority trials.\n(3)\nRule of construction\nExcept to the extent to which the Secretary makes revisions under paragraph (1)(B), nothing in this section shall be construed to repeal or otherwise effect the guidance documents of the Food and Drug Administration.\n(b)\nRecommendations for investigations\n(1)\nRequest\nThe sponsor of a drug intended to be designated as a qualified infectious disease product may request that the Secretary provide written recommendations for nonclinical and clinical investigations which the Secretary believes may be necessary to be conducted with the drug before such drug may be approved under section 505 of the Federal Food, Drug, and Cosmetic Act (\n21 U.S.C. 355\n21 U.S.C. 355f\n(2)\nRecommendations\nIf the Secretary has reason to believe that a drug for which a request is made under this subsection is a qualified infectious disease product, the Secretary shall provide the person making the request written recommendations for the nonclinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request, would be necessary for approval under section 505 of the Federal Food, Drug, and Cosmetic Act (\n21 U.S.C. 355\n(c)\nQualified infectious disease product\nFor purposes of this section, the term \u201cqualified infectious disease product\u201d has the meaning given such term in section 505E(g) of the Federal Food, Drug, and Cosmetic Act [\n21 U.S.C. 355f(g)","url":"https://projectusc.org/usc/t21/s360a\u20131.html","content":[{"t":"sec","id":"/us/usc/t21/s360a\u20131","children":[{"t":"num","text":"\u00a7\u202f360a\u20131."},{"t":"heading","text":"Clinical trials"},{"t":"subsec","id":"/us/usc/t21/s360a\u20131/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Review and revision of guidance documents"},{"t":"para","id":"/us/usc/t21/s360a\u20131/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The Secretary of Health and Human Services (referred to in this section as the \u201cSecretary\u201d) shall review and, as appropriate, revise not fewer than 3 guidance documents per year, which shall include\u2014"},{"t":"subpara","id":"/us/usc/t21/s360a\u20131/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" reviewing the guidance documents of the Food and Drug Administration for the conduct of clinical trials with respect to antibacterial and antifungal drugs; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t21/s360a\u20131/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" as appropriate, revising such guidance documents to reflect developments in scientific and medical information and technology and to ensure clarity regarding the procedures and requirements for approval of antibacterial and antifungal drugs under chapter V of the Federal Food, Drug, and Cosmetic Act (","children":[{"t":"ref","text":"21 U.S.C. 351","href":"/us/usc/t21/s351","tail":" et seq.)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s360a\u20131/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Issues for review"},{"t":"content","children":[{"t":"p","text":"At a minimum, the review under paragraph (1) shall address the appropriate animal models of infection, in vitro techniques, valid microbiological surrogate markers, the use of noninferiority versus superiority trials, trial enrollment, data requirements, and appropriate delta values for noninferiority trials.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s360a\u20131/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Rule of construction"},{"t":"content","children":[{"t":"p","text":"Except to the extent to which the Secretary makes revisions under paragraph (1)(B), nothing in this section shall be construed to repeal or otherwise effect the guidance documents of the Food and Drug Administration.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t21/s360a\u20131/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Recommendations for investigations"},{"t":"para","id":"/us/usc/t21/s360a\u20131/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Request"},{"t":"content","children":[{"t":"p","text":"The sponsor of a drug intended to be designated as a qualified infectious disease product may request that the Secretary provide written recommendations for nonclinical and clinical investigations which the Secretary believes may be necessary to be conducted with the drug before such drug may be approved under section 505 of the Federal Food, Drug, and Cosmetic Act (","children":[{"t":"ref","text":"21 U.S.C. 355","href":"/us/usc/t21/s355","tail":") for use in treating, detecting, preventing, or identifying a qualifying pathogen, as defined in section 505E of such Act ["},{"t":"ref","text":"21 U.S.C. 355f","href":"/us/usc/t21/s355f","tail":"]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s360a\u20131/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Recommendations"},{"t":"content","children":[{"t":"p","text":"If the Secretary has reason to believe that a drug for which a request is made under this subsection is a qualified infectious disease product, the Secretary shall provide the person making the request written recommendations for the nonclinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request, would be necessary for approval under section 505 of the Federal Food, Drug, and Cosmetic Act (","children":[{"t":"ref","text":"21 U.S.C. 355","href":"/us/usc/t21/s355","tail":") of such drug for the use described in paragraph (1)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t21/s360a\u20131/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Qualified infectious disease product"},{"t":"content","children":[{"t":"p","text":"For purposes of this section, the term \u201cqualified infectious disease product\u201d has the meaning given such term in section 505E(g) of the Federal Food, Drug, and Cosmetic Act [","children":[{"t":"ref","text":"21 U.S.C. 355f(g)","href":"/us/usc/t21/s355f/g","tail":"], as added by section 801 of this Act."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}