Legis Daily

Ensuring Innovation Act

USA116th CongressS-1636| Senate 
| Updated: 12/15/2020
Pat Roberts

Pat Roberts

Republican Senator

Kansas

Cosponsors (2)
Bill Cassidy (Republican)Tina Smith (Democratic)

Health, Education, Labor, and Pensions Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill provides statutory authority for the existing Food and Drug Administration (FDA) practice of defining active ingredient more narrowly as active moiety in certain situations, such as when determining whether a new drug is entitled to a market exclusivity period or providing priority review of drugs for treating rare pediatric diseases. Generally, the FDA defines active moiety as the core molecule or ion in a drug responsible for the relevant physiological or pharmacological action. By contrast, the FDA defines an active ingredient as a component in a drug that is intended to furnish pharmacological activity or other direct effect. The FDA's existing practice of interpreting active ingredient as active moiety in certain situations, as statutorily authorized by this bill, tends to exclude some drugs from market exclusivity. The bill replaces references to active ingredient with active moiety in various statutes authorizing FDA activities.

Bill Text Versions

View Text
2 versions available

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Timeline
May 23, 2019
Introduced in Senate
May 23, 2019
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Dec 14, 2020
Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S7470)
Dec 14, 2020
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text of amendment in the nature of a substitute: CR S7470)
Dec 14, 2020
Measure laid before Senate by unanimous consent. (consideration: CR S7470)
Dec 14, 2020
Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.
Dec 15, 2020
Message on Senate action sent to the House.
Dec 15, 2020
Received in the House.
Dec 15, 2020
Held at the desk.
  • May 23, 2019
    Introduced in Senate


  • May 23, 2019
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.


  • December 14, 2020
    Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S7470)


  • December 14, 2020
    Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text of amendment in the nature of a substitute: CR S7470)


  • December 14, 2020
    Measure laid before Senate by unanimous consent. (consideration: CR S7470)


  • December 14, 2020
    Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.


  • December 15, 2020
    Message on Senate action sent to the House.


  • December 15, 2020
    Received in the House.


  • December 15, 2020
    Held at the desk.

Health

Related Bills

  • S 116-1895: Lower Health Care Costs Act
  • HR 116-19: Lower Costs, More Cures Act of 2019
  • HR 116-4955: Protecting Access to Safe and Effective Medicines Act of 2019
Administrative law and regulatory proceduresChemistryDepartment of Health and Human ServicesDrug safety, medical device, and laboratory regulation

Ensuring Innovation Act

USA116th CongressS-1636| Senate 
| Updated: 12/15/2020
This bill provides statutory authority for the existing Food and Drug Administration (FDA) practice of defining active ingredient more narrowly as active moiety in certain situations, such as when determining whether a new drug is entitled to a market exclusivity period or providing priority review of drugs for treating rare pediatric diseases. Generally, the FDA defines active moiety as the core molecule or ion in a drug responsible for the relevant physiological or pharmacological action. By contrast, the FDA defines an active ingredient as a component in a drug that is intended to furnish pharmacological activity or other direct effect. The FDA's existing practice of interpreting active ingredient as active moiety in certain situations, as statutorily authorized by this bill, tends to exclude some drugs from market exclusivity. The bill replaces references to active ingredient with active moiety in various statutes authorizing FDA activities.

Bill Text Versions

View Text
2 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
May 23, 2019
Introduced in Senate
May 23, 2019
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Dec 14, 2020
Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S7470)
Dec 14, 2020
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text of amendment in the nature of a substitute: CR S7470)
Dec 14, 2020
Measure laid before Senate by unanimous consent. (consideration: CR S7470)
Dec 14, 2020
Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.
Dec 15, 2020
Message on Senate action sent to the House.
Dec 15, 2020
Received in the House.
Dec 15, 2020
Held at the desk.
  • May 23, 2019
    Introduced in Senate


  • May 23, 2019
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.


  • December 14, 2020
    Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S7470)


  • December 14, 2020
    Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text of amendment in the nature of a substitute: CR S7470)


  • December 14, 2020
    Measure laid before Senate by unanimous consent. (consideration: CR S7470)


  • December 14, 2020
    Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.


  • December 15, 2020
    Message on Senate action sent to the House.


  • December 15, 2020
    Received in the House.


  • December 15, 2020
    Held at the desk.
Pat Roberts

Pat Roberts

Republican Senator

Kansas

Cosponsors (2)
Bill Cassidy (Republican)Tina Smith (Democratic)

Health, Education, Labor, and Pensions Committee

Health

Related Bills

  • S 116-1895: Lower Health Care Costs Act
  • HR 116-19: Lower Costs, More Cures Act of 2019
  • HR 116-4955: Protecting Access to Safe and Effective Medicines Act of 2019
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresChemistryDepartment of Health and Human ServicesDrug safety, medical device, and laboratory regulation