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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
Bill Cassidy

Bill Cassidy

Republican Senator

Louisiana

Cosponsors (2)
Roger Marshall (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
4 versions available

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Timeline
Feb 24, 2021
Introduced in Senate
Feb 24, 2021
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Mar 10, 2021
Passed Senate without amendment by Unanimous Consent. (text: CR S1435)
Mar 10, 2021
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(text: CR S1435)
Mar 10, 2021
Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent. (consideration: CR S1435)
Mar 10, 2021
Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.(consideration: CR S1435)
Mar 11, 2021
Message on Senate action sent to the House.
Mar 12, 2021
Received in the House.
Mar 12, 2021
Held at the desk.
Apr 14, 2021
Mr. Pallone moved to suspend the rules and pass the bill.
Apr 14, 2021
Considered under suspension of the rules. (consideration: CR H1755-1756)
Apr 14, 2021
DEBATE - The House proceeded with forty minutes of debate on S. 415.
Apr 14, 2021
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H1755)
Apr 14, 2021
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H1755)
Apr 14, 2021
Motion to reconsider laid on the table Agreed to without objection.
Apr 20, 2021
Presented to President.
Apr 23, 2021
Signed by President.
Apr 23, 2021
Became Public Law No: 117-9.
  • February 24, 2021
    Introduced in Senate


  • February 24, 2021
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.


  • March 10, 2021
    Passed Senate without amendment by Unanimous Consent. (text: CR S1435)


  • March 10, 2021
    Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(text: CR S1435)


  • March 10, 2021
    Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent. (consideration: CR S1435)


  • March 10, 2021
    Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.(consideration: CR S1435)


  • March 11, 2021
    Message on Senate action sent to the House.


  • March 12, 2021
    Received in the House.


  • March 12, 2021
    Held at the desk.


  • April 14, 2021
    Mr. Pallone moved to suspend the rules and pass the bill.


  • April 14, 2021
    Considered under suspension of the rules. (consideration: CR H1755-1756)


  • April 14, 2021
    DEBATE - The House proceeded with forty minutes of debate on S. 415.


  • April 14, 2021
    Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H1755)


  • April 14, 2021
    On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H1755)


  • April 14, 2021
    Motion to reconsider laid on the table Agreed to without objection.


  • April 20, 2021
    Presented to President.


  • April 23, 2021
    Signed by President.


  • April 23, 2021
    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.

Bill Text Versions

View Text
4 versions available

Suggested Questions

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

Timeline
Feb 24, 2021
Introduced in Senate
Feb 24, 2021
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Mar 10, 2021
Passed Senate without amendment by Unanimous Consent. (text: CR S1435)
Mar 10, 2021
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(text: CR S1435)
Mar 10, 2021
Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent. (consideration: CR S1435)
Mar 10, 2021
Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.(consideration: CR S1435)
Mar 11, 2021
Message on Senate action sent to the House.
Mar 12, 2021
Received in the House.
Mar 12, 2021
Held at the desk.
Apr 14, 2021
Mr. Pallone moved to suspend the rules and pass the bill.
Apr 14, 2021
Considered under suspension of the rules. (consideration: CR H1755-1756)
Apr 14, 2021
DEBATE - The House proceeded with forty minutes of debate on S. 415.
Apr 14, 2021
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H1755)
Apr 14, 2021
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H1755)
Apr 14, 2021
Motion to reconsider laid on the table Agreed to without objection.
Apr 20, 2021
Presented to President.
Apr 23, 2021
Signed by President.
Apr 23, 2021
Became Public Law No: 117-9.
  • February 24, 2021
    Introduced in Senate


  • February 24, 2021
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.


  • March 10, 2021
    Passed Senate without amendment by Unanimous Consent. (text: CR S1435)


  • March 10, 2021
    Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(text: CR S1435)


  • March 10, 2021
    Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent. (consideration: CR S1435)


  • March 10, 2021
    Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.(consideration: CR S1435)


  • March 11, 2021
    Message on Senate action sent to the House.


  • March 12, 2021
    Received in the House.


  • March 12, 2021
    Held at the desk.


  • April 14, 2021
    Mr. Pallone moved to suspend the rules and pass the bill.


  • April 14, 2021
    Considered under suspension of the rules. (consideration: CR H1755-1756)


  • April 14, 2021
    DEBATE - The House proceeded with forty minutes of debate on S. 415.


  • April 14, 2021
    Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H1755)


  • April 14, 2021
    On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H1755)


  • April 14, 2021
    Motion to reconsider laid on the table Agreed to without objection.


  • April 20, 2021
    Presented to President.


  • April 23, 2021
    Signed by President.


  • April 23, 2021
    Became Public Law No: 117-9.
Bill Cassidy

Bill Cassidy

Republican Senator

Louisiana

Cosponsors (2)
Roger Marshall (Republican)Tina Smith (Democratic)

Health, Education, Labor, and Pensions Committee

Health

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresChemistryDepartment of Health and Human ServicesDrug safety, medical device, and laboratory regulation