§ 355g. Utilizing real world evidence

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1938

   21st Century Cures Act

   Pub. L. 114–255 div. A title III § 3022 · 130 Stat. 1033

   Enacted · 21 U.S.C. § 355g

   June 25, 1938, ch. 675, § 505F, as added Pub. L. 114–255, div. A, title III, § 3022, Dec. 13, 2016, 130 Stat. 1096

   Source evidence

   Code source credit
   June 25, 1938, ch. 675, § 505F, as added Pub. L. 114–255, div. A, title III, § 3022, Dec. 13, 2016, 130 Stat. 1096

   Enacted provision · exact public law section
   SEC. 3022. REAL WORLD EVIDENCE.   Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 505E (21 U.S.C. 355f) the following: “SEC. 505F. UTILIZING REAL WORLD EVIDENCE. “(a) In General.— The Secretary shall establish a program to evaluate the potential use of real world evidence— “(1) to help to support the approval of a new indication for a drug approved under section 505(c); and “(2) to help to support or satisfy postapproval study requirements. “(b) Real World Evidence Defined.— In this section, the term ‘real world evidence’ means data regarding the usage, or the potential benefits or risks, of a drug derived from sources other than randomized clinical trials. “(c) Program Framework.— “(1) In general.— Not later than 2 years after the date of enactment of the 21st Century Cures Act, the Secretary shall establish a draft framework for implementation of the program under this section. “(2) Contents of framework.— The framework shall include information describing— “(A) the sources of real world evidence, including ongoing safety surveillance, observational studies, registries, claims, and patient-centered outcomes research activities; “(B) the gaps in data collection activities; “(C) the standards and methodologies for collection and analysis of real world evidence; and “(D) the priority areas, remaining challenges, and potential pilot opportunities that the program established under this section will address. “(3) Consultation.— “(A) In general.— In developing the program framework under this subsection, the Secretary shall consult with regulated industry, academia, medical professional organizations, representatives of patient advocacy organizations, consumer organizations, disease research foundations, and other interested parties. “(B) Process.— The consultation under subparagraph (A) may be carried out through approaches such as— “(i) a public-private partnership with the entities described in such subparagraph in which the Secretary may participate; “(ii) a contract, grant, or other arrangement, as the Secretary determines appropriate, with such a partnership or an independent research organization; or “(iii) public workshops with the entities described in such subparagraph. “(d) Program Implementation.— The Secretary shall, not later than 2 years after the date of enactment of the 21st Century Cures Act and in accordance with the framework established under subsection (c), implement the program to evaluate the potential use of real world evidence. “(e) Guidance for Industry.— The Secretary shall— “(1) utilize the program established under subsection (a), its activities, and any subsequent pilots or written reports, to inform a guidance for industry on— “(A) the circumstances under which sponsors of drugs and the Secretary may rely on real world evidence for the purposes described in paragraphs (1) and (2) of subsection (a); and “(B) the appropriate standards and methodologies for collection and analysis of real world evidence submitted for such purposes; “(2) not later than 5 years after the date of enactment of the 21st Century Cures Act, issue draft guidance for industry as described in paragraph (1); and “(3) not later than 18 months after the close of the public comment period for the draft guidance described in paragraph (2), issue revised draft guidance or final guidance. “(f) Rule of Construction.— “(1) In general.— Subject to paragraph (2), nothing in this section prohibits the Secretary from using real world evidence for purposes not specified in this section, provided the Secretary determines that sufficient basis exists for any such nonspecified use. “(2) Standards of evidence and secretary’s authority.— This section shall not be construed to alter— “(A) the standards of evidence under— “(i) subsection (c) or (d) of section 505, including the substantial evidence standard in such subsection (d); or “(ii) section 351(a) of the Public Health Service Act; or “(B) the Secretary’s authority to require postapproval studies or clinical trials, or the standards of evidence under which studies or trials are evaluated.” .

2. 2017

   FDA Reauthorization Act of 2017

   Pub. L. 115–52 § 901(c) · 131 Stat. 1005

   Substituted · 21 U.S.C. § 355g(b)

   Pub. L. 115–52, § 901(c), substituted “traditional” for “randomized”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–52, § 901(c), substituted “traditional” for “randomized”.

   Enacted provision · exact public law section
   (c) Section 505F(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355g(b)) is amended by striking “randomized” and inserting “traditional”.

3. 2017

   FDA Reauthorization Act of 2017

   Pub. L. 115–52 § 901(d) · 131 Stat. 1005

   Substituted · 21 U.S.C. § 355g(d)

   Pub. L. 115–52, § 901(d), substituted “3 years” for “2 years”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 115–52, § 901(d), substituted “3 years” for “2 years”.

   Enacted provision · exact public law section
   (d) Section 505F(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355g(d)) is amended by striking “2” and inserting “3”.

3 of 3 references resolved to an enrolled provision