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HR 3209 112th Congress House

Premarket Predictability Act of 2011

Official title: To amend the Federal Food, Drug, and Cosmetic Act to provide predictability, consistency, and transparency to the premarket review process.

Introduced: October 14, 2011 See on congress.gov
Health Administrative law and regulatory proceduresAdministrative remediesDepartment of Health and Human ServicesDrug safety, medical device, and laboratory regulation
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Food and Drug Administration (FDA)Government ethics and transparency, public corruptionGovernment information and archivesHealth technology, devices, suppliesMedical ethicsMedical researchResearch ethics
This bill died when the 112th Congress ended
It never became law before the 112th Congress (2011–2012) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Oct 18, 2011
Referred to the Subcommittee on Health.
Oct 14, 2011
Introduced in House
Oct 14, 2011
Referred to the House Committee on Energy and Commerce.
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 Latest action October 18, 2011

Referred to the Subcommittee on Health.

 Plain-English summary Congressional Research Service

Premarket Predictability Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to assign a tracking number to a medical device upon submission of: (1) an application for an exemption of a device for investigational use, (2) a request to classify a device, or (3) a premarket report or notification related to a device. Requires the Secretary to use the tracking number to record interactions between the Secretary and applicant with respect to the device.

Directs the Secretary to: (1) assign a reviewer with prior review experience with the type of of device or technology involved or other relevant expertise to review an application for an exemption of a device for investigational use, and (2) evaluate whether the investigational study can be conducted ethically with reasonable risk in determining whether to grant an exemption for investigational use.

Prohibits the Secretary from disapproving an application because the investigation does not or may not meet any requirement relating to the approval or clearance of a device because the Secretary believes that a different clinical testing design or plan could produce data more relevant to an approval or clearance decision.

Revises the procedures relating to submission of an application to investigate a class II or a class III device, which may include a plan for determining whether the device is substantially equivalent to or is at least as safe and effective as a legally marketed device that is not subject to premarket approval requirements.

Sets forth requirements for the Secretary to meet in determining the least burdensome appropriate means of evaluating medical device effectiveness that would have a reasonable likelihood of resulting in approval.

Requires the Secretary to document the scientific and regulatory rationale for any significant decision of the Center for Devices and Radiological Health regarding device review, approval, or exemption. Sets forth appeal procedures. Requires the Secretary to regularly publish detailed decision summaries for each clearance of a device not requiring premarket approval.

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 2
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APA
U.S. Congress. (2026). H.R. 3209: Premarket Predictability Act of 2011. 112th Congress. Open America. https://openamerica.io/bill/112-HR-3209/
MLA
"H.R. 3209: Premarket Predictability Act of 2011." 112th Congress, 2026, Open America, https://openamerica.io/bill/112-HR-3209/.
Bluebook (legal)
H.R. 3209, 112th Cong. (2026), https://openamerica.io/bill/112-HR-3209/.
Markdown link
[H.R. 3209: Premarket Predictability Act of 2011](https://openamerica.io/bill/112-HR-3209/)
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