House Commerce Committee Moves User Fee Bill to Floor Vote

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The House Energy and Commerce Committee 5/18 unanimously voted (55 to 0) to advance the Food and Drug Amendments of 2022, bipartisan legislation that would reauthorize the agency’s user fee programs and modernize certain programs (see earlier story), such as enhancing post-approval studies for accelerated approval drugs, boosting FDA’s inspection authorities, and improving patient diversity in clinical studies, among others. The measure now heads to the House floor for a full vote.

During the committee mark-up, several members supported the Senate’s direction to seek a new regulatory pathway for in vitro clinical tests in draft legislation released 5/17 (see earlier story). The Senate draft contains a provision entitled Verifying Accurate Leading-edge IVCT Development (VALID) Act of 2022, which would amend the Food, Drug & Cosmetic Act to define regulations for in vitro clinical tests. It also provides details for the premarket, abbreviated premarket, and supplemental application review and approval process, and it outlines the information required in such submissions.

Representative Larry Bucshon (R-IN) said he was disappointed that the committee did not take up the VALID Act like the Senate appears to be doing. He said it is time to modernize the regulatory framework for diagnostic tests by “establishing a risk-based framework that allows for leading edge development and innovation to thrive, while assuring doctors and patients have the certainty that their test results are analytically and clinically valid. While I remain disappointed this committee didn't address the diagnostic testing reform in the user fee agreement we are considering today, it is my hope that as  we continue through the user fee process with the Senate, Energy and Commerce grabs a seat at the table and shows leadership on this critical issue that directly impacts patient safety. The time is now to answer the call and dress address the pitfalls that exist in the current regulatory framework surrounding laboratory developed tests.”

 

Without committing to support the VALID Act, committee chair Frank Pallone (D-NJ) did acknowledge the importance of the act’s addition in the Senate draft user fee bill. “Whenever the Senate takes action on anything we have to take notice because it is so very difficult for them to take any action.”

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