S. 415 · 117th Congress · Senate

A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to the scope of new chemical exclusivity.

Enacted· Became Public Law No: 117-9.
Introduced
Feb 24, 21
Passed Senate
Mar 10, 21
Passed House
Apr 14, 21
Sent to President
Apr 20, 21
Signed into Law
Apr 23, 21

Executive Summary

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.

Previous Versions

53Apr 14, 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.

55Mar 10, 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.

00Feb 24, 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.

Action Timeline

21
  1. APR 23, 2021BecameLaw

    Signed by President.

  2. APR 23, 2021President

    Signed by President.

  3. APR 23, 2021BecameLaw

    Became Public Law No: 117-9.

    117Yea
    9Nay
    0NV
  4. APR 23, 2021President

    Became Public Law No: 117-9.

    117Yea
    9Nay
    0NV
  5. APR 20, 2021President

    Presented to President.

  6. APR 20, 2021Floor

    Presented to President.

  7. APR 14, 2021Floor

    Mr

    Pallone moved to suspend the rules and pass the bill.

  8. APR 14, 2021Floor

    Considered under suspension of the rules

    (consideration: CR H1755-1756)

    1755Yea
    1756Nay
    0NV
  9. APR 14, 2021Floor

    DEBATE - The House proceeded with forty minutes of debate on S. 415.

  10. APR 14, 2021Floor

    Passed/agreed to in House

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

  11. APR 14, 2021Floor

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

  12. APR 14, 2021Floor

    Motion to reconsider laid on the table Agreed to without objection.

  13. MAR 12, 2021Floor

    Received in the House.

  14. MAR 12, 2021Floor

    Held at the desk.

  15. MAR 11, 2021Floor

    Message on Senate action sent to the House.

  16. MAR 10, 2021Committee

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

  17. MAR 10, 2021Discharge

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

  18. MAR 10, 2021Floor

    Passed/agreed to in Senate

    Passed Senate without amendment by Unanimous Consent.(text: CR S1435)

  19. MAR 10, 2021Floor

    Passed Senate without amendment by Unanimous Consent. (text: CR S1435)

  20. FEB 24, 2021IntroReferral

    Introduced in Senate

  21. FEB 24, 2021IntroReferral

    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Committees

2

Health, Education, Labor, and Pensions Committee

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Referred: Mar 10, 2021

Active

Health, Education, Labor, and Pensions Committee

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Referred: Feb 24, 2021

Active