[Congressional Record Volume 165, Number 197 (Tuesday, December 10, 2019)]
[Senate]
[Pages S6944-S6945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE OVER-THE-COUNTER MONOGRAPH SAFETY, INNOVATION, AND REFORM ACT
Mr. CASEY. Madam President, today, the Senate passed S. 2740, the
Over-the-Counter Monograph Safety, Innovation, and Reform Act of 2019,
which will completely overhaul and improve how the Food and Drug
Administration--FDA--regulates over-the-counter--OTC--or
nonprescription, drugs. These medicines are used by Americans every
day, but our regulatory system has been stuck in the 1970s and has not
kept pace with innovation or the need to ensure appropriate consumer
protections. Senator Johnny Isakson and I have been working on this
legislation since 2016.
This legislation creates a modern regulatory system for OTC drugs,
providing the FDA with new resources to be able to review changes to
existing OTC drugs and allow the marketing of new OTC drugs. FDA will
have the authority to take swift action to protect the American public
if a serious problem arises and to make changes to how OTC drugs are
allowed to be sold if the science indicates that the steps are
necessary to ensure that these products are used safely.
[[Page S6945]]
The Over-the-Counter Monograph Safety, Innovation, and Reform Act of
2019 establishes a streamlined administrative process which allows the
FDA to modify a drug's safety labeling to address new health risks. The
act is intended to modernize and accelerate regulatory procedures
applicable to OTC drugs and will also allow for increased innovation.
However, patient safety and manufacturer accountability are of equal
importance. As such, nothing in this act is intended to change,
diminish, or prohibit a manufacturer from performing any duty or
complying with any requirement to warn consumers that exists under
State or Federal law or to prevent any labeling changes pursuant to any
other applicable provision of the Federal Food, Drug, and Cosmetic Act
or FDA regulation. It is imperative that consumers have accurate
information regarding the safety of over-the-counter drugs, and this
bill is intended to improve that process while maintaining the existing
rights of consumers to access the courts and hold manufacturers
accountable when harmed.
This legislation has bipartisan support and also broad support from
key stakeholders in public health, healthcare, and industry. I am
deeply grateful for the work of my colleagues, notably Senator Johnny
Isakson--the bill's sponsor; and the chairman and ranking Member of the
Committee on Health, Education, Labor, and Pensions, Senator Lamar
Alexander and Senator Patty Murray, and their staffs for their
continued support for this important effort. As a result of our work,
American consumers will be able to have greater confidence in their
over-the-counter drugs and will benefit from new innovation in the
years to come.
Mrs. MURRAY. Mr. President, I thank Senator Casey for his leadership
on this important issue and agree wholeheartedly with his statement on
S. 2740, the Over-the-Counter Monograph Safety, Innovation, and Reform
Act of 2019.
Mr. BURR. Madam President, I want to take a few moments to explain
why I am opposed to the OTC reform legislation offered by Senator
Isakson. Senator Isakson and I worked together on many pieces of FDA
legislation, and I have no doubt that he worked tirelessly to draft
this bill in the best interest of patients. I will miss working closely
with my colleague from Georgia to improve the lives of the millions of
Americans touched by the U.S. Food and Drug Administration's work each
day.
I want to be clear that I agree reforms are needed within the over-
the-counter drug division at the FDA. I simply disagree on the way in
which this legislation provides the resources to achieve these reforms
because I do not believe it will result in my colleague's desired
outcome. Here is why.
I reformed the FDA in 1997 with the passage of the FDA Modernization
Act, which I like to call FDAMA. One of the foundational principles of
that legislation was to bring more certainty, predictability, and
accountability to an agency that had lost its way, failing to bring new
drugs and medical devices to market in the United States in a timely
manner. Twenty-two years later, I am starting to see the implementation
of major provisions of this law. Two decades after its passage, the FDA
is finally putting key policies into practice that Congress demanded.
Two decades is an unacceptable amount of time for Americans to wait.
One of the components of FDAMA was the reauthorization of certain
user fee programs. Over these past two decades, we have seen FDA's user
fee agreements increase with each 5-year cycle, bringing more resources
into the agency to review drug, biologic and device applications.
When the drug industry first agreed to user fees in 1993, the fee to
file a new drug application with the FDA was $100,000. Today, that fee
is $2.1 million. To that end, FDA has struggled to uphold its end of
the deal, falling behind in its commitment to hire the number of
individuals the agency needs to actually review the applications that
cost millions of dollars to file. The FDA continues to increase the
amount of user fee dollars it requires to review applications, eroding
the balance of congressional oversight provided by the appropriation of
taxpayer dollars to the agency.
I would caution my colleagues that we are currently experiencing the
effects of a center at the FDA that receives 100 percent of its funds
from user fees, the Center for Tobacco Products. The CTP has had 10
years and received over $5 billion in user fee resources. It has yet to
finalize a single governing regulation for the products Congress tasked
the CTP with regulating. Meanwhile, youth rates of vapor product use
continue to increase and 2,000 Americans have fallen ill from the use
of unregulated products. I have spoken many times on my concerns with
the growth and development of FDA user fee programs because they have
not resulted in the development of an FDA that keeps its promises. I
promise my colleagues that the user fee program included in this bill
will not be any different.
While the Senate has wrestled with solutions to high drug costs for
the last 18 months, we are voting to approve a bill that increases the
development costs for one of Americans' cheapest options for care. The
over-the-counter user fee bill provides millions of dollars in new
industry funds to reform the OTC system at FDA, and the agency is
asking for tens of millions of dollars to deal with a backlog of OTC
monographs or recipes to create over the counter medications.
User fee dollars are intended to go toward the review of
applications, but I can assure my colleagues this is not the full story
at the Agency today. Last year alone, $133 million in drug user fees
went toward administrative expenses at the FDA, funds that may
otherwise help to invest in new treatments or cures for Americans. This
is very simple math, the more user fee programs we provide to the FDA,
the less the FDA is accountable and responsive to Congress.
Through FDAMA and more recently in the 21st Century Cures Act and the
2017 FDA user fee bill, I worked to rebalance the focus of the FDA, to
reaffirm its authorities to regulate the cutting edge science facing
the agency, and to better leverage and strategically invest its
existing resources. So I cannot support legislation that degrades the
progress we have made at the FDA.
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