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Donate NowH.R.4274 - BPCA and PREA Reauthorization Act of 2012
To amend title IV of the Public Health Service Act and title V of the Federal Food, Drug, and Cosmetic Act to permanently extend the provisions of the Best Pharmaceuticals for Children Act and the Pediatric Research Equity Act of 2003.

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HR 4274 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 4274CommentsClose CommentsPermalink

To amend title IV of the Public Health Service Act and title V of the Federal Food, Drug, and Cosmetic Act to permanently extend the provisions of the Best Pharmaceuticals for Children Act and the Pediatric Research Equity Act of 2003.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

March 28, 2012CommentsClose CommentsPermalink

March 28, 2012CommentsClose CommentsPermalink

Mr. ROGERS of Michigan (for himself, Ms. ESHOO, and Mr. MARKEY) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend title IV of the Public Health Service Act and title V of the Federal Food, Drug, and Cosmetic Act to permanently extend the provisions of the Best Pharmaceuticals for Children Act and the Pediatric Research Equity Act of 2003.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘BPCA and PREA Reauthorization Act of 2012’.CommentsClose CommentsPermalink

(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink

Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

Sec. 2. Permanent extension of Best Pharmaceuticals for Children Act and Pediatric Research Equity Act.CommentsClose CommentsPermalink

Sec. 3. Government Accountability Office report.CommentsClose CommentsPermalink

Sec. 4. Internal Committee for Review of Pediatric Plans, Assessments, Deferrals, Deferral Extensions, and Waivers.CommentsClose CommentsPermalink

Sec. 5. Staff of Office of Pediatric Therapeutics.CommentsClose CommentsPermalink

Sec. 6. Continuation of operation of Pediatric Advisory Committee.CommentsClose CommentsPermalink

Sec. 7. Pediatric Subcommittee of the Oncologic Drugs Advisory Committee.CommentsClose CommentsPermalink

SEC. 2. PERMANENT EXTENSION OF BEST PHARMACEUTICALS FOR CHILDREN ACT AND PEDIATRIC RESEARCH EQUITY ACT.
(a) Program for Pediatric Study of Drugs in PHSA- Section 409I(e)(1)(B) of the Public Health Service Act (

(b) Pediatric Studies of Drugs in FFDCA- Section 505A of the Federal Food, Drug, and Cosmetic Act (

(1) in subsection (d)(1)(A), by adding at the end the following: ‘If a request under this subparagraph does not request studies in neonates, such request shall include a statement describing the rationale for not requesting studies in neonates.’;CommentsClose CommentsPermalink

(2) by amending subsection (h) to read as follows:CommentsClose CommentsPermalink

‘(h) Relationship to Pediatric Research Requirements- Exclusivity under this section shall only be granted for the completion of a study or studies that are the subject of a written request and for which reports are submitted and accepted in accordance with subsection (d)(3). Written requests under this section may consist of a study or studies required under section 505B.’;CommentsClose CommentsPermalink
(3) in subsection (k)(2), by striking ‘subsection (f)(3)(F)’ and inserting ‘subsection (f)(6)(F)’;CommentsClose CommentsPermalink

(4) in subsection (l)--CommentsClose CommentsPermalink

(A) in paragraph (1)--CommentsClose CommentsPermalink

(i) in the paragraph heading, by striking ‘YEAR ONE’ and inserting ‘FIRST 18-MONTH PERIOD’; andCommentsClose CommentsPermalink

(ii) by striking ‘one-year’ and inserting ‘18-month’;CommentsClose CommentsPermalink

(B) in paragraph (2)--CommentsClose CommentsPermalink

(i) in the paragraph heading, by striking ‘YEARS’ and inserting ‘PERIODS’; andCommentsClose CommentsPermalink

(ii) by striking ‘one-year period’ and inserting ‘18-month period’;CommentsClose CommentsPermalink

(C) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink

(D) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink

‘(3) PRESERVATION OF AUTHORITY- Nothing in this subsection shall prohibit the Office of Pediatric Therapeutics from providing for the review of adverse event reports by the Pediatric Advisory Committee prior to the 18-month period referred to in paragraph (1), if such review is necessary to ensure safe use of a drug in a pediatric population.’;CommentsClose CommentsPermalink
(5) in subsection (n)--CommentsClose CommentsPermalink

(A) in the subsection heading, by striking ‘Completed’ and inserting ‘Submitted’; andCommentsClose CommentsPermalink

(B) in paragraph (1)--CommentsClose CommentsPermalink

(i) in the text preceding subparagraph (A), by striking ‘have not been completed’ and inserting ‘have not been submitted by the date specified in the written request issued and agreed upon’; andCommentsClose CommentsPermalink

(ii) by revising subparagraphs (A) and (B) to read as follows:CommentsClose CommentsPermalink

‘(A) For a drug for which there remains any listed patent or exclusivity protection, make a determination regarding whether an assessment shall be required to be submitted under section 505B(b).CommentsClose CommentsPermalink
‘(B) For a drug that has no remaining listed patents or exclusivity protection, the Secretary shall refer the drug for inclusion on the list established under section 409I of the Public Health Service Act for the conduct of studies.’;CommentsClose CommentsPermalink
(6) in subsection (o)(2), by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink

‘(B) a statement of any appropriate pediatric contraindications, warnings, precautions, or other information that the Secretary considers necessary to assure safe use.’; andCommentsClose CommentsPermalink
(7) by striking subsection (q) (relating to a sunset).CommentsClose CommentsPermalink

(c) Research Into Pediatric Uses for Drugs and Biological Projects in FFDCA- Section 505B of the Federal Food, Drug, and Cosmetic Act (

(1) in subsection (a)--CommentsClose CommentsPermalink

(A) in paragraph (1), in the matter before subparagraph (A), by inserting ‘for a drug’ after ‘(or supplement to an application)’;CommentsClose CommentsPermalink

(B) in paragraph (3)--CommentsClose CommentsPermalink

(i) by redesignating subparagraph (B) as subparagraph (D); andCommentsClose CommentsPermalink

(ii) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink

‘(B) DEFERRAL EXTENSION- On the initiative of the Secretary or at the request of the applicant, the Secretary may grant an extension of a deferral under subparagraph (A) if--CommentsClose CommentsPermalink
‘(i) the Secretary finds that the criteria specified in subclause (II) or (III) of subparagraph (A)(i) continue to be met; andCommentsClose CommentsPermalink
‘(ii) the applicant submits the materials required under subparagraph (A)(ii).CommentsClose CommentsPermalink
‘(C) CONSIDERATION DURING DEFERRAL PERIOD- If the Secretary has under this paragraph deferred the date by which an assessment must be submitted, then until the date specified in the deferral under subparagraph (A) (including any extension of such date under subparagraph (B))--CommentsClose CommentsPermalink
‘(i) the assessment shall not be considered late or delayed;CommentsClose CommentsPermalink
‘(ii) the Secretary shall not classify the assessment as late or delayed in any report, database, or public posting.’; andCommentsClose CommentsPermalink
(iii) in subparagraph (D), as redesignated, by amending clause (ii) to read as follows:CommentsClose CommentsPermalink
‘(ii) PUBLIC AVAILABILITY- Not later than 60 days after the submission to the Secretary of the information submitted through the annual review under clause (i), the Secretary shall make available to the public in an easily accessible manner, including through the Web site of the Food and Drug Administration--CommentsClose CommentsPermalink
‘(I) such information;CommentsClose CommentsPermalink
‘(II) the name of the applicant for the product subject to the assessment;CommentsClose CommentsPermalink
‘(III) the date on which the product was approved; andCommentsClose CommentsPermalink
‘(IV) the date of each deferral or deferral extension under this paragraph for the product.’; andCommentsClose CommentsPermalink
(C) in paragraph (4)(C)--CommentsClose CommentsPermalink

(i) in the first sentence, by inserting ‘partial’ before ‘waiver is granted’; andCommentsClose CommentsPermalink

(ii) in the second sentence, by striking ‘either a full or partial waiver’ and inserting ‘a partial waiver’;CommentsClose CommentsPermalink

(2) in subsection (b)(1), by striking ‘After providing notice in the form of a letter (that, for a drug approved under section 505, references a declined written request under section 505A for a labeled indication which written request is not referred under section 505A(n)(1)(A) to the Foundation of the National Institutes of Health for the pediatric studies), the Secretary’ and inserting ‘The Secretary’;CommentsClose CommentsPermalink

(3) by amending subsection (d) to read as follows:CommentsClose CommentsPermalink

‘(d) Failure To Meet Requirements- If a person fails to submit a required assessment described in subsection (a)(2), fails to meet the applicable requirements in subsection (a)(3), or fails to submit a request for approval of a pediatric formulation described in subsection (a) or (b), in accordance with applicable provisions of subsections (a) and (b)--CommentsClose CommentsPermalink
‘(1)(A) the Secretary shall issue a letter to such person informing such person of such failure;CommentsClose CommentsPermalink
‘(B) not later than 30 calendar days after the issuance of a letter under subparagraph (A), the person who receives such letter shall submit to the Secretary a written response to such letter; andCommentsClose CommentsPermalink
‘(C) not later than 45 calendar days after the issuance of a letter under subparagraph (A), the Secretary shall make such letter, and any response to such letter under subparagraph (B), available to the public on the Web site of the Food and Drug Administration, with appropriate redactions made to protect trade secrets and confidential commercial information, except that, if the Secretary determines that the letter under subparagraph (A) was issued in error, the requirements of this subparagraph shall not apply with respect to such letter; andCommentsClose CommentsPermalink
‘(2)(A) the drug or biological product that is the subject of the required assessment, applicable requirements in subsection (a)(3), or required request for approval of a pediatric formulation may be considered misbranded solely because of that failure and subject to relevant enforcement action (except that the drug or biological product shall not be subject to action under section 303); butCommentsClose CommentsPermalink
‘(B) the failure to submit the required assessment, meet the applicable requirements in subsection (a)(3), or submit the required request for approval of a pediatric formulation shall not be the basis for a proceeding--CommentsClose CommentsPermalink
‘(i) to withdraw approval for a drug under section 505(e); orCommentsClose CommentsPermalink
‘(ii) to revoke the license for a biological product under section 351 of the Public Health Service Act.’;CommentsClose CommentsPermalink
(4) by amending subsection (e) to read as follows:CommentsClose CommentsPermalink
‘(e) Initial Pediatric Plan-CommentsClose CommentsPermalink
‘(1) IN GENERAL-CommentsClose CommentsPermalink
‘(A) SUBMISSION- An applicant who is required to submit an assessment under subsection (a)(1) shall submit an initial pediatric plan.CommentsClose CommentsPermalink
‘(B) TIMING- An applicant shall submit the initial pediatric plan under paragraph (1)--CommentsClose CommentsPermalink
‘(i) before the date on which the applicant submits the assessments under subsection (a)(2); andCommentsClose CommentsPermalink
‘(ii) not later than--CommentsClose CommentsPermalink
‘(I) 60 calendar days after the date of end-of-Phase 2 meeting (as such term is used in section 312.47 of title 21, Code of Federal Regulations, or successor regulations); orCommentsClose CommentsPermalink
‘(II) such other time as may be agreed upon between the Secretary and the applicant.CommentsClose CommentsPermalink
Nothing in this section shall preclude the Secretary from accepting the submission of an initial pediatric plan earlier than the date otherwise applicable under this subparagraph.CommentsClose CommentsPermalink
‘(C) CONTENTS- The initial pediatric plan shall include--CommentsClose CommentsPermalink
‘(i) an outline of the pediatric studies that the applicant plans to conduct;CommentsClose CommentsPermalink
‘(ii) any request for a deferral, partial waiver, or waiver under this section, along with supporting information; andCommentsClose CommentsPermalink
‘(iii) other information the Secretary determines necessary, including any information specified in regulations under paragraph (5).CommentsClose CommentsPermalink
‘(2) MEETING-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Subject to subparagraph (B), not later than 60 calendar days after receiving an initial pediatric plan under paragraph (1), the Secretary shall meet with the applicant to discuss the plan.CommentsClose CommentsPermalink
‘(B) WRITTEN RESPONSE- If the Secretary determines that a written response to the initial pediatric plan is sufficient to communicate comments on the initial pediatric plan, and that no meeting is necessary the Secretary shall, not later than 60 days after receiving an initial pediatric plan under paragraph (1)--CommentsClose CommentsPermalink
‘(i) notify the applicant of such determination; andCommentsClose CommentsPermalink
‘(ii) provide to the applicant the Secretary’s written comments on the plan.CommentsClose CommentsPermalink
‘(3) AGREED PEDIATRIC PLAN-CommentsClose CommentsPermalink
‘(A) SUBMISSION- The applicant shall submit to the Secretary a document reflecting the agreement between the Secretary and the applicant on the initial pediatric plan (referred to in this subsection as an ‘agreed pediatric plan’).CommentsClose CommentsPermalink
‘(B) CONFIRMATION- Not later than 30 days after receiving the agreed pediatric plan under subparagraph (A), the Secretary shall provide written confirmation to the applicant that such plan reflects the agreement of the Secretary.CommentsClose CommentsPermalink
‘(C) DEFERRAL AND WAIVER- If the agreed pediatric plan contains a request from the applicant for a deferral, partial waiver, or waiver under this section, the written confirmation under subparagraph (B) shall include a recommendation from the Secretary as to whether such request meets the standards under paragraphs (3) or (4) of subsection (a).CommentsClose CommentsPermalink
‘(D) AMENDMENTS TO THE PLAN- At the initiative of the Secretary or the applicant, the agreed pediatric plan may be amended at any time. The requirements of paragraph (2) shall apply to any such proposed amendment in the same manner and to the same extent as such requirements apply to an initial pediatric plan under paragraph (1). The requirements of subparagraphs (A) through (C) of this paragraph shall apply to any agreement resulting from such proposed amendment in the same manner and to the same extent as such requirements apply to an agreed pediatric plan.CommentsClose CommentsPermalink
‘(4) INTERNAL COMMITTEE- The Secretary shall consult the internal committee under section 505C on the review of the initial pediatric plan, agreed pediatric plan, and any amendments to such plans.CommentsClose CommentsPermalink
‘(5) MANDATORY RULEMAKING- Not later than one year after the date of enactment of the BPCA and PREA Reauthorization Act of 2012, the Secretary shall promulgate proposed regulations and guidance to implement the provisions of this subsection.CommentsClose CommentsPermalink
‘(6) EFFECTIVE DATE- The provisions of this subsection shall take effect 180 calendar days after the date of enactment of the BPCA and PREA Reauthorization Act of 2012, irrespective of whether the Secretary has promulgated final regulations to carry out this subsection by such date.’;CommentsClose CommentsPermalink
(5) in subsection (f)--CommentsClose CommentsPermalink
(A) in the subsection heading, by inserting ‘Deferral Extensions,’ after ‘Deferrals,’;CommentsClose CommentsPermalink
(B) in paragraph (4)--CommentsClose CommentsPermalink
(i) in the paragraph heading, by inserting ‘DEFERRAL EXTENSIONS,’ after ‘DEFERRALS,’; andCommentsClose CommentsPermalink
(ii) in the second sentence, by inserting ‘, deferral extensions,’ after ‘deferrals’; andCommentsClose CommentsPermalink
(C) in paragraph (6)(D)--CommentsClose CommentsPermalink
(i) by inserting ‘and deferral extensions’ before ‘requested and granted’; andCommentsClose CommentsPermalink
(ii) by inserting ‘and deferral extensions’ after ‘the reasons for such deferrals’;CommentsClose CommentsPermalink
(6) in subsection (g)--CommentsClose CommentsPermalink
(A) in paragraph (1)(A), by striking ‘after the date of the submission of the application or supplement’ and inserting ‘after the date of the submission of an application or supplement that receives a priority review or 330 days after the date of the submission of an application or supplement that receives a standard review’; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘the label of such product’ and inserting ‘the labeling of such product’;CommentsClose CommentsPermalink
(7) in subsection (h)(1)--CommentsClose CommentsPermalink
(A) by inserting ‘an application (or supplement to an application) that contains’ after ‘date of submission of’; andCommentsClose CommentsPermalink
(B) by inserting ‘if the application (or supplement) receives a priority review, or not later than 300 days after the date of submission of an application (or supplement to an application) that contains a pediatric assessment under this section, if the application (or supplement) receives a standard review,’ after ‘under this section,’;CommentsClose CommentsPermalink
(8) in subsection (i)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) in the paragraph heading, by striking ‘YEAR ONE’ and inserting ‘FIRST 18-MONTH PERIOD’; andCommentsClose CommentsPermalink
(ii) by striking ‘one-year’ and inserting ‘18-month’;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) in the paragraph heading, by striking ‘YEARS’ and inserting ‘PERIODS’; andCommentsClose CommentsPermalink
(ii) by striking ‘one-year period’ and inserting ‘18-month period’;CommentsClose CommentsPermalink
(C) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink
(D) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink
‘(3) PRESERVATION OF AUTHORITY- Nothing in this subsection shall prohibit the Office of Pediatric Therapeutics from providing for the review of adverse event reports by the Pediatric Advisory Committee prior to the 18-month period referred to in paragraph (1), if such review is necessary to ensure safe use of a drug in a pediatric population.’;CommentsClose CommentsPermalink
(9) by striking subsection (m) (relating to integration with other pediatric studies); andCommentsClose CommentsPermalink
(10) by redesignating subsection (n) as subsection (m).CommentsClose CommentsPermalink
(d) Pediatric Studies of Biological Products in PHSA- Section 351(m)(1) of the Public Health Service Act (

(e) Application; Transition Rule-CommentsClose CommentsPermalink

(1) APPLICATION- Notwithstanding any provision of section 505A and 505B of the Federal Food, Drug, and Cosmetic Act (

(2) TRANSITIONAL RULE FOR ADVERSE EVENT REPORTING- With respect to a drug for which a labeling change described under section 505A(l)(1) or 505B(i)(1) of the Federal Food, Drug, and Cosmetic Act (

(f) Conforming Amendment- Section 499(c)(1)(C) of the Public Health Service Act (

SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
(a) In General- Not later than January 1, 2016, and the end of each subsequent 5-year period, the Comptroller General of the United States, in consultation with the Secretary of Health and Human Services, shall submit to the Congress a report that evaluates the effectiveness of sections 505A and 505B of the Federal Food, Drug, and Cosmetic Act (

(b) Contents- The report under subsection (a) shall include--CommentsClose CommentsPermalink

(1) the number and importance of drugs and biological products for children that are being tested as a result of the programs established under sections 505A and 505B of the Federal Food, Drug, and Cosmetic Act and section 409I of the Public Health Service Act;CommentsClose CommentsPermalink

(2) a description of the importance for children, health care providers, parents, and others of labeling changes made as a result of such testing;CommentsClose CommentsPermalink

(3) the number and importance of drugs and biological products for children that are not being tested for their use in pediatric populations, notwithstanding the existence of such programs;CommentsClose CommentsPermalink

(4) the possible reasons for the lack of testing reported under paragraph (3);CommentsClose CommentsPermalink

(5) the number of drugs and biological products for which testing is being done and labeling changes are required under the programs established by this Act, including--CommentsClose CommentsPermalink

(A) the date labeling changes are made;CommentsClose CommentsPermalink

(B) which labeling changes required the use of the dispute resolution process; andCommentsClose CommentsPermalink

(C) for labeling changes that required such dispute resolution process, a description of--CommentsClose CommentsPermalink

(i) the disputes;CommentsClose CommentsPermalink

(ii) the recommendations of the Pediatric Advisory Committee; andCommentsClose CommentsPermalink

(iii) the outcomes of such process;CommentsClose CommentsPermalink

(6) any recommendations for modifications to the programs established under sections 505A and 505B of the Federal Food, Drug, and Cosmetic Act and section 409I of the Public Health Service Act that the Secretary determines to be appropriate, including a detailed rationale for each recommendation;CommentsClose CommentsPermalink

(7)(A) the efforts made by the Secretary to increase the number of studies conducted in the neonate population (including efforts made to encourage the conduct of appropriate studies in neonates by companies with products that have sufficient safety and other information to make the conduct of the studies ethical and safe); andCommentsClose CommentsPermalink

(B) the results of such efforts; andCommentsClose CommentsPermalink

(8)(A) the number and importance of drugs and biological products for children with cancer that are being tested as a result of the programs established under sections 505A and 505B of the Federal Food, Drug, and Cosmetic Act and section 409I of the Public Health Service Act; andCommentsClose CommentsPermalink

(B) any recommendations for modifications to the programs under such sections that would lead to new and better therapies for children with cancer, including a detailed rationale for each recommendation.CommentsClose CommentsPermalink

SEC. 4. INTERNAL COMMITTEE FOR REVIEW OF PEDIATRIC PLANS, ASSESSMENTS, DEFERRALS, DEFERRAL EXTENSIONS, AND WAIVERS.
Section 505C of the Federal Food, Drug, and Cosmetic Act (

(1) in the section heading, by inserting ‘deferral extensions,’ after ‘deferrals,’; andCommentsClose CommentsPermalink

(2) by inserting ‘neonatology’ after ‘pediatric ethics’.CommentsClose CommentsPermalink

SEC. 5. STAFF OF OFFICE OF PEDIATRIC THERAPEUTICS.
Section 6(c) of the Best Pharmaceuticals for Children Act (

(1) in paragraph (1), by striking ‘and’ at the end;CommentsClose CommentsPermalink

(2) by redesignating paragraph (2) as paragraph (4);CommentsClose CommentsPermalink

(3) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink

‘(2) one or more additional individuals with expertise in neonatology;CommentsClose CommentsPermalink
‘(3) one or more additional individuals with expertise in pediatric epidemiology; and’.CommentsClose CommentsPermalink
SEC. 6. CONTINUATION OF OPERATION OF PEDIATRIC ADVISORY COMMITTEE.
Section 14(d) of the Best Pharmaceuticals for Children Act (

SEC. 7. PEDIATRIC SUBCOMMITTEE OF THE ONCOLOGIC DRUGS ADVISORY COMMITTEE.
Section 15(a) of the Best Pharmaceuticals for Children Act (

(1) in paragraph (1)(D), by striking ‘section 505B(f)’ and inserting ‘section 505C’; andCommentsClose CommentsPermalink

(2) in paragraph (3), by striking ‘during the five-year period beginning on the date of the enactment of the Best Pharmaceuticals for Children Act of 2007’ and inserting ‘to carry out the Subcommittee’s responsibilities under this section’.CommentsClose CommentsPermalink

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U.S. Congress - Text of H.R.4274 as Introduced in House BPCA and PREA Reauthorization Act of 2012



