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H.R. 9938

BillFederalHouseIn Committee
To amend the Federal Food, Drug, and Cosmetic Act to establish a time-limited conditional approval pathway, subject to specific obligations, for certain drugs and biological products, and for other purposes.
About This Bill
Committee
Latest Action · October 4, 2024
Referred to the House Committee on Energy and Commerce.
Congress
118th (2023–2025)
Introduced
October 4, 2024
Cosponsors (1)
0D 1R
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Summary

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The Promising Pathway Act 2.0 creates a new accelerated approval process for experimental drugs and biologics intended to treat rare, serious, or terminal diseases with substantial unmet medical needs. Drugs meeting eligibility criteria can receive conditional approval based on earlier-stage evidence of safety and effectiveness, such as completion of Phase 1 safety studies plus Phase 2 effectiveness data, rather than requiring the full clinical trial data normally needed for standard approval. The bill allows the FDA to use rolling reviews, real-world evidence, and animal study data in certain cases to speed up the approval timeline. Under this new pathway, conditionally approved drugs must be tracked through patient observational registries where safety and effectiveness data are continuously monitored, and all patients must provide informed consent before receiving the medication. Conditional approval lasts for two years and can be renewed up to three times for a maximum of eight years total, though drugs must reach the market within one year of approval or the conditional approval automatically expires. Insurance companies and federal health programs must cover conditionally approved drugs with no cost-sharing to patients, though the FDA retains authority to withdraw approval if safety data no longer supports it or if fraud is discovered.

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