Overview
Title
An Act To amend the Federal Food, Drug, and Cosmetic Act with respect to molecularly targeted pediatric cancer investigations, and for other purposes.
ELI5 AI
H. R. 3433 wants to help doctors find better treatments for kids with cancer, by making sure medicines are safe for them and making it easier to work with people from other countries.
Summary AI
H. R. 3433, titled the "Give Kids a Chance Act of 2024," aims to amend the Federal Food, Drug, and Cosmetic Act to improve research and regulation of molecularly targeted pediatric cancer drugs. The bill includes measures to prioritize research on pediatric drug uses, ensure the completion of pediatric study requirements, and extend the authority to issue priority review vouchers for rare pediatric diseases. Additionally, it proposes the establishment of an Abraham Accords Office within the Food and Drug Administration to facilitate international cooperation and allows for registration fees to support the Organ Procurement and Transplantation Network.
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AnalysisAI
The "Give Kids a Chance Act of 2024" seeks to amend the Federal Food, Drug, and Cosmetic Act to focus on pediatric cancer research and other key areas. This bill introduces regulations for pediatric use of drugs, extends regulatory powers of the Food and Drug Administration (FDA), and touches on international cooperation and organ procurement. The legislation aims to speed up treatment for rare diseases and establish an Abraham Accords Office within the FDA to foster international partnerships.
General Summary of the Bill
This bill is multifaceted, focusing primarily on enhancing pediatric cancer investigations through the FDA's expanded authorities. Key points include obligatory clinical study data for pediatric drug labeling and mechanisms to ensure the completion of study requirements. Furthermore, it aims to provide priority review vouchers for rare pediatric disease treatments to incentivize drug development. The bill also proposes establishing an Abraham Accords Office within the FDA to strengthen regulatory cooperation with countries involved in the Abraham Accords. Additionally, it introduces a provision to levy fees for organ procurement registration to support network operations.
Summary of Significant Issues
A primary concern is the creation of the Abraham Accords Office within the FDA. Its relevance to the FDA's core mission remains unclear, potentially leading to unnecessary bureaucracy and expenditure. The bill's language concerning "limitations on the exclusive approval of orphan drugs" is another area of concern due to potential ambiguities in interpretation. The process by which drugs are designated as "same approved use or indication" lacks clarity, potentially causing enforcement challenges.
Another issue is the extension of priority review vouchers for rare pediatric diseases. Without a structured assessment mechanism, this could increase government spending with insufficient oversight. Additionally, the bill implies a possible advantage for larger pharmaceutical companies to obtain these vouchers, raising concerns about fair competition.
The section regarding organ procurement registration fees presents potential transparency issues, as it lacks an explicit cap on fees and detailed allocation strategies.
Impact on the Public
Broadly, the bill could facilitate advancements in pediatric cancer research through more stringent regulatory requirements for drug investigations. This might lead to better healthcare outcomes for children with cancer. However, the establishment of the Abraham Accords Office could divert resources within the FDA that might otherwise be directed to other pressing public health needs.
For the healthcare sector and pharmaceutical companies, especially those involved in developing orphan drugs or pediatric treatments, the bill could provide new opportunities and incentives. However, smaller companies might struggle with increased competition from larger entities that can leverage the priority review vouchers more effectively due to their available resources.
Impact on Specific Stakeholders
Pharmaceutical Companies: While large companies could benefit from extended incentives and possible fast-tracking of approval processes, smaller companies may face challenges in accessing these benefits equally.
Healthcare Providers and Patients: Those involved in pediatric cancer treatment could see positive impacts if more effective and labeling-informed drugs become available sooner. However, potential delays in enforcement actions due to regulatory review periods may slow down the introduction of newly required pediatric trials.
Government and Regulatory Bodies: The FDA might experience additional workload and might need to allocate resources to the newly formed Abraham Accords Office. This could potentially strain the agency's existing functions if not managed efficiently.
The successful implementation of this bill's provisions is contingent upon clear guidelines, effective regulatory oversight, and a balanced approach to addressing the potential for favoritism or unequal advantage among different stakeholders.
Issues
The inclusion of the 'UNITED STATES-ABRAHAM ACCORDS COOPERATION AND SECURITY' within a healthcare-focused bill, specifically the establishment of the 'Abraham Accords Office' within the FDA, is unexplained and could lead to misinterpretation or disputes over jurisdiction. (Sections 1, 201, 1015)
The establishment of the 'Abraham Accords Office' within the FDA may not have a clear connection to the FDA's primary mission, potentially leading to unnecessary spending and bureaucratic redundancy. (Sections 1, 201, 1015)
The language changes regarding 'Limitations on exclusive approval or licensure of orphan drugs' could lead to different interpretations of what constitutes 'same approved use or indication,' potentially creating loopholes or ambiguities in enforcement. (Section 105)
The extension of authority to issue priority review vouchers for rare pediatric diseases lacks a clear mechanism for assessing its long-term impacts on drug innovation incentives and FDA workload, potentially leading to increased spending without adequate oversight. (Section 104)
There is no explicit cap on the amount the Secretary can collect in registration fees for the Organ Procurement and Transplantation Network, potentially leading to excessively high charges and lack of transparency in fund allocation. (Section 301)
The complexity and length of the section on 'Research into pediatric uses of drugs' might make it difficult for non-experts to understand, leading to potential misinterpretations and inconsistent application. (Section 101)
The lack of clear performance metrics or evaluation mechanisms for the 'Abraham Accords Office' could result in inefficient use of resources and lack of accountability. (Section 201)
Potential favoritism or unequal advantage for larger companies in acquiring priority review vouchers without addressing market distortion concerns. (Section 104)
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The first section of the bill, titled "Give Kids a Chance Act of 2024," outlines the purpose and contents of the legislation. It includes research and regulatory enhancements for pediatric drug use, rules for priority review of treatments for rare diseases, and establishes an office for the Abraham Accords within the FDA, along with addressing organ procurement and transplantation fees.
101. Research into pediatric uses of drugs; additional authorities of Food and Drug Administration regarding molecularly targeted cancer drugs Read Opens in new tab
Summary AI
The section amends the Federal Food, Drug, and Cosmetic Act to establish new requirements for drug investigations specifically aimed at pediatric cancer, requiring the FDA to ensure these investigations provide meaningful clinical data and specifying conditions under which new drug applications must include these studies. It also mandates the issuance of guidance, applies changes to future applications, and calls for reports to Congress and a study by the GAO on the effectiveness of these requirements.
102. Ensuring completion of pediatric study requirements Read Opens in new tab
Summary AI
The text from the bill amends the Federal Food, Drug, and Cosmetic Act to establish clear guidelines for what happens if companies do not complete necessary pediatric studies for their drugs. It requires that companies receive a warning letter and a chance to respond before any enforcement action is taken, and limits penalties for non-marketed products.
103. FDA report on PREA enforcement Read Opens in new tab
Summary AI
The section amends part of the Food and Drug Administration Safety and Innovation Act to improve the evaluation of compliance with deadlines and add a requirement for listing penalties related to non-compliance with specific drug requirements. It mandates reporting on compliance and includes details about penalties or settlements for each drug.
104. Extension of authority to issue priority review vouchers to encourage treatments for rare pediatric diseases Read Opens in new tab
Summary AI
The bill proposes to extend the authority to issue priority review vouchers for treatments of rare pediatric diseases from September 30, 2024, to September 30, 2029. It also requires a study, conducted by the Government Accountability Office, on the effectiveness of these vouchers in motivating drug development, examining aspects such as the drugs they support, unmet needs addressed, company sizes, and the impact on the FDA's processes.
105. Limitations on exclusive approval or licensure of orphan drugs Read Opens in new tab
Summary AI
The section makes changes to rules about orphan drugs, focusing on how "approved use or indication" is defined when it comes to granting exclusive rights to these drugs. It clarifies that these changes apply to all designated orphan drugs, no matter when they were designated or approved.
106. Program for pediatric studies of drugs Read Opens in new tab
Summary AI
The revised section of the Public Health Service Act allows the Director of the NIH to use up to one percent of the funds allocated for pediatric research from each national research institute and center for the years 2025 to 2027 for research under this section.
201. Establishment of Abraham Accords Office within Food and Drug Administration Read Opens in new tab
Summary AI
The Abraham Accords Office is being established within the Food and Drug Administration to strengthen regulatory partnerships with countries that are part of the Abraham Accords. Its main duties include providing technical assistance, facilitating communications, and improving coordination for overseeing medical products. A report on its progress and the cooperation achieved with these partner countries will be submitted to Congress after three years.
1015. Abraham Accords Office Read Opens in new tab
Summary AI
The U.S. Secretary of Health and Human Services is required to set up an Abraham Accords Office within the Food and Drug Administration. This office will be located in one of the Abraham Accords countries and will work with local governments to enhance regulatory oversight related to medical products and provide support and information on U.S. regulatory pathways to relevant parties in these countries.
301. Registration fees Read Opens in new tab
Summary AI
The section adds a provision allowing the Secretary of Health and Human Services to collect registration fees from members of the Organ Procurement and Transplantation Network for each transplant candidate listed. These fees will support the network's operations, and their collection and distribution will be transparent, with updates posted online. Additionally, a review of the activities funded by these fees will be conducted by the Government Accountability Office two years after this provision's enactment.