S.Amdt. 2130Senate112th Congress (2011-2013)

To ensure transparency in Food and Drug Administration user fee agreement negotiations.

What it does: Adds SEC. 11__. TRANSPARENCY IN FDA USER FEE AGREEMENT NEGOTIATIONS at the end of title XI
Submitted May 22, 2012

What it changes

1 change to S. 3187 · shown in the bill's text

Adds a section
  1. Adds SEC. 11__. TRANSPARENCY IN FDA USER FEE AGREEMENT NEGOTIATIONS at the end of title XI

    Adds a section

    In S. 3187 · Placed on Calendar Senate

    "(b) Financial Interest.--In this section, the term 'financial interest' means a financial interest under section 208(a) of title 18, United States Code.".

    Inserted: SEC. 11__. TRANSPARENCY IN FDA USER FEE AGREEMENT NEGOTIATIONS.

    Inserted: (a) PDUFA.--Section 736B(d) (21 U.S.C. 379h 2(d)), as amended by section 104, is further amended by adding at the end the following:

    Inserted: "(7) Inclusion of congressional representatives.--Notwithstanding any other provision of this section, Members of Congress or their designated staff may be present at any negotiation meeting conducted under this subsection between the Food and Drug Administration and the regulated industry, if a Member of Congress decides to attend, or have his or her designated staff attend on his or her behalf. Any staff designated under the preceding sentence may be required to comply with applicable confidentiality agreements.".

    Inserted: (b) MDUFA.--Section 738A(b) (21 U.S.C. 379j 1(b)), as amended by section 204, is further amended by adding at the end the following:

    Inserted: "(7) Inclusion of congressional representatives.--Notwithstanding any other provision of this section, Members of Congress or their designated staff may be present at any negotiation meeting conducted under this subsection between the Food and Drug Administration and the regulated industry, if a Member of Congress decides to attend, or have his or her designated staff attend on his or her behalf. Any staff designated under the preceding sentence may be required to comply with applicable confidentiality agreements.".

    Inserted: (c) GDUFA.--Section 744C(d), as added by section 303 of this Act, is amended by adding at the end the following:

    Inserted: "(7) Inclusion of congressional representatives.--Notwithstanding any other provision of this section, Members of Congress or their designated staff may be present at any negotiation meeting conducted under this subsection between the Food and Drug Administration and the regulated industry, if a Member of Congress decides to attend, or have his or her designated staff attend on his or her behalf. Any staff designated under the preceding sentence may be required to comply with applicable confidentiality agreements.".

    Inserted: (d) BSUFA.--Section 744I(e), as added by section 403 of this Act, is amended by adding at the end the following:

    Inserted: "(4) Inclusion of congressional representatives.--Notwithstanding any other provision of this section, Members of Congress or their designated staff may be present at any negotiation meeting conducted under this subsection between the Food and Drug Administration and the regulated industry, if a Member of Congress decides to attend, or have his or her designated staff attend on his or her behalf. Any staff designated under the preceding sentence may be required to comply with applicable confidentiality agreements.".

    Original wording

    At the end of title XI, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2130. Mr. BURR (for himself and Mr. Coburn) submitted an amendment intended to be proposed by him to the bill S. 3187, to amend the Federal Food, Drug, and Cosmetic Act to revise and extend the user-fee programs for prescription drugs and medical devices, to establish user-fee programs for generic drugs and biosimilars, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title XI, add the following:

SEC. 11__. TRANSPARENCY IN FDA USER FEE AGREEMENT NEGOTIATIONS.

(a) PDUFA.--Section 736B(d) (21 U.S.C. 379h 2(d)), as amended by section 104, is further amended by adding at the end the following:

“(7) Inclusion of congressional representatives.--Notwithstanding any other provision of this section, Members of Congress or their designated staff may be present at any negotiation meeting conducted under this subsection between the Food and Drug Administration and the regulated industry, if a Member of Congress decides to attend, or have his or her designated staff attend on his or her behalf. Any staff designated under the preceding sentence may be required to comply with applicable confidentiality agreements.”.

(b) MDUFA.--Section 738A(b) (21 U.S.C. 379j 1(b)), as amended by section 204, is further amended by adding at the end the following:

“(7) Inclusion of congressional representatives.--Notwithstanding any other provision of this section, Members of Congress or their designated staff may be present at any negotiation meeting conducted under this subsection between the Food and Drug Administration and the regulated industry, if a Member of Congress decides to attend, or have his or her designated staff attend on his or her behalf. Any staff designated under the preceding sentence may be required to comply with applicable confidentiality agreements.”.

(c) GDUFA.--Section 744C(d), as added by section 303 of this Act, is amended by adding at the end the following:

“(7) Inclusion of congressional representatives.--Notwithstanding any other provision of this section, Members of Congress or their designated staff may be present at any negotiation meeting conducted under this subsection between the Food and Drug Administration and the regulated industry, if a Member of Congress decides to attend, or have his or her designated staff attend on his or her behalf. Any staff designated under the preceding sentence may be required to comply with applicable confidentiality agreements.”.

(d) BSUFA.--Section 744I(e), as added by section 403 of this Act, is amended by adding at the end the following:

“(4) Inclusion of congressional representatives.--Notwithstanding any other provision of this section, Members of Congress or their designated staff may be present at any negotiation meeting conducted under this subsection between the Food and Drug Administration and the regulated industry, if a Member of Congress decides to attend, or have his or her designated staff attend on his or her behalf. Any staff designated under the preceding sentence may be required to comply with applicable confidentiality agreements.”.

Legislative Activity

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4 earlier actions
Floor Latest Action

Considered by Senate. (consideration: CR S3536)

May 24, 2012

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Floor

Considered by Senate. (consideration: CR S3536)

May 24, 2012

Floor

Proposed amendment SA 2130 withdrawn in Senate. (consideration: CR S3563)

May 24, 2012

Floor

Senate amendment proposed (on the floor): Amendment SA 2130 proposed by Senator Burr.(consideration: CR S3492-3495; text: CR S3492)

May 23, 2012

Floor

Amendment SA 2130 proposed by Senator Burr. (consideration: CR S3492-3495; text: CR S3492) To ensure transparency in Food and Drug Administration user fee agreement negotiations.

May 23, 2012

Floor

Senate amendment submitted

May 22, 2012