[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2983 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2983

 To provide for an accelerated approval pathway for certain drugs that 
       are authorized to be lawfully marketed in other countries.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 7, 2021

   Mr. Braun introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To provide for an accelerated approval pathway for certain drugs that 
       are authorized to be lawfully marketed in other countries.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accelerated Drug Approval for 
Prescription Therapies for Coronavirus Act'' or the ``ADAPT for COVID 
Act''.

SEC. 2. ACCELERATED APPROVAL OF CERTAIN DRUGS THAT ARE AUTHORIZED TO BE 
              LAWFULLY MARKETED IN OTHER COUNTRIES.

    Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
351 et seq.) is amended by inserting after section 506 the following:

``SEC. 506-1. ACCELERATED APPROVAL OF CERTAIN DRUGS THAT ARE AUTHORIZED 
              TO BE LAWFULLY MARKETED IN OTHER COUNTRIES.

    ``(a) In General.--The Secretary may approve an application for 
approval for a drug under subsection (c) or (j) of section 505 that is 
currently authorized to be marketed in one or more of the countries 
included in the list under section 802(b)(1), upon a determination by 
the Secretary that the sponsor has submitted evidence sufficient to 
demonstrate all of the criteria under subsection (b)(1).
    ``(b) Criteria.--
            ``(1) In general.--The Secretary may approve a drug under 
        subsection (a) only if the Secretary determines that there is 
        evidence that--
                    ``(A) at the time of application, the drug is 
                authorized to be marketed in a country included in the 
                list under section 802(b)(1);
                    ``(B) the drug is safe and clinically effective;
                    ``(C) the manufacturer is capable of manufacturing 
                the drug safely and consistently, and can assure the 
                safety of the supply chain outside the United States;
                    ``(D) all relevant United States patents or legal 
                exclusivities are expired;
                    ``(E) absent reciprocal marketing approval, the 
                drug is not approved for marketing in the United 
                States;
                    ``(F) the Secretary has not, because of any concern 
                relating to safety or effectiveness, rescinded or 
                withdrawn any such approval; and
                    ``(G) the drug is intended for the treatment or 
                prevention of coronavirus or another disease of 
                epidemic potential.
            ``(2) Limitation.--Approval of a drug under this section 
        may, as the Secretary determines appropriate, be subject to 1 
        or both of the following requirements:
                    ``(A) The sponsor shall conduct appropriate 
                postapproval studies to verify and describe the 
                predicted effect on irreversible morbidity or mortality 
                or other clinical benefit of the drug.
                    ``(B) The sponsor shall submit copies of all 
                promotional materials related to the product during the 
                preapproval review period and, following approval and 
                for such period thereafter as the Secretary determines 
                to be appropriate, at least 30 days prior to 
                dissemination of the materials.
    ``(c) Timeline.--The Secretary shall make a determination on an 
application described in subsection (a) not later than 180 days after 
the date of submission of such application.
    ``(d) Definition.--In this section, the term `coronavirus' means 
SARS-CoV-2, COVID-19, or another coronavirus.''.
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