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.
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Timeline
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Passed Senate without amendment by Unanimous Consent. (text: CR S1435)
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(text: CR S1435)
Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent. (consideration: CR S1435)
Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.(consideration: CR S1435)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
Mr. Pallone moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H1755-1756)
DEBATE - The House proceeded with forty minutes of debate on S. 415.
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H1755)
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H1755)
Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Signed by President.
Became Public Law No: 117-9.
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Passed Senate without amendment by Unanimous Consent. (text: CR S1435)
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(text: CR S1435)
Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent. (consideration: CR S1435)
Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.(consideration: CR S1435)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
Mr. Pallone moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H1755-1756)
DEBATE - The House proceeded with forty minutes of debate on S. 415.
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H1755)
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H1755)
Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Signed by President.
Became Public Law No: 117-9.
Health
Administrative law and regulatory proceduresChemistryDepartment of Health and Human ServicesDrug safety, medical device, and laboratory regulation
A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to the scope of new chemical exclusivity.
USA117th CongressS-415| Senate
| Updated: 4/23/2021
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.