; (2) in paragraph (2)(C)(ii), by striking of 505(j)(5)(A) and inserting of section 505(j)(5)(A) ; and (3) by adding at the end the following: (5) Generic drug applicant program fee (A) In general A person who fails to pay a fee as required under subsection (a)(5) by the date that is 20 calendar days after the due date, as specified in subparagraph (D) of such subsection, shall be subject to the following: (i) The Secretary shall place the person on a publicly available arrears list. (ii) Any abbreviated new drug application submitted by the generic drug applicant or an affiliate of such applicant shall not be received, within the meaning of section 505(j)(5)(A). (iii) All drugs marketed pursuant to any abbreviated new drug application held by such applicant or an affiliate of such applicant shall be deemed misbranded under section 502(aa). (B) Application of penalties The penalties under subparagraph (A) shall apply until the fee required under subsection (a)(5) is paid. . (g) Limitations Section 744B(h)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379–42(h)(2) ) is amended by striking for Type II active pharmaceutical ingredient drug master files, abbreviated new drug applications and prior approval supplements, and generic drug facilities and active pharmaceutical ingredient facilities . (h) Crediting and availability of fees Section 744B(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379–42(i) ) is amended— (1) in paragraph (2)— (A) by striking subparagraph (C) (relating to fee collection during first program year); (B) in subparagraph (D)— (i) in the heading, by striking in subsequent years ; and (ii) by striking (after fiscal year 2013) ; and (C) by redesignating subparagraph (D) as subparagraph (C)