Hearings to examine FDA bureaucracy, focusing on regulator to roadblock

Health Care Costs and Drug PricingSenate Aging (Special) · 2026-02-26 · 119th Congress
The Senate Special Committee on Aging held this hearing to examine whether the FDA is using the regulatory flexibility Congress authorized under the 21st Century Cures Act and other laws to speed safe treatments to patients with rare diseases. Begins at 0:19:53
Transcript
Highlights

Title

FDA delays in approving rare disease treatments under regulatory flexibility laws

Purpose

The Senate Special Committee on Aging held this hearing to examine whether the FDA is using the regulatory flexibility Congress authorized under the 21st Century Cures Act and other laws to speed safe treatments to patients with rare diseases. Chair Rick Scott and Ranking Member Kirsten Gillibrand convened patient advocates, a treating physician, and a biotech CEO to describe complete response letters, declining use of advisory committees, and inconsistent application of accelerated approval pathways. Begins at0:19:53

Who spoke

Chair Rick Scott (R-FL)0:19:53: Opened by describing personal family experience with rare disease and said the FDA is not using flexibility Congress mandated in the 2016 21st Century Cures Act0:20:450:21:16; later grew visibly frustrated recounting a 2016-17 FDA panel that denied ~60 pleading Duchenne families0:55:330:56:05, and closed summarizing the day's testimony and citing a recent conversation with FDA Commissioner Makary1:49:271:49:55.

Sen. Kirsten Gillibrand (D-NY), Ranking Member0:24:09: Said FDA transparency and flexibility "varies wildly" between offices and divisions, citing hesitation to use authorized flexibilities and last-minute shifts on trial design0:26:18; warned inconsistent regulation pushes sponsors to move clinical trials to China0:27:19; later asked all witnesses about restoring advisory committees0:25:491:25:49.

Annie Kennedy, Chief Mission Officer, EveryLife Foundation for Rare Diseases0:29:44: Said the rare disease community has received at least 23 complete response letters since the start of 2025, many under accelerated approval0:32:09, while advisory committee meetings declined 65% compared to 2024, with none since July0:32:301:04:17; called restoring advisory committees "everything" for the community1:26:23.

Dr. Jeremy Schmahmann, Harvard Medical School / Ataxia Center, Mass General0:36:12: Described two ataxia patients (Steve, Mary) unchanged for years on an investigational drug, and said a real-world evidence study showed the drug slowed disease progression by 50-70% before FDA denied approval0:39:000:39:27; said an FDA panel member asked him "why should I listen to you?"0:39:56; called a proposal to withdraw stable patients from the drug to test decline a "Tuskegee version two"1:38:45.

Bradley Campbell, President and CEO, Amicus Therapeutics0:41:54: Said 95% of over 10,000 known rare diseases lack an FDA-approved treatment and at the current pace it would take 150 years to treat half the remainder0:44:480:45:07; urged faster clinical trial starts, wider use of biomarkers/accelerated approval, and reformed manufacturing inspections0:45:070:46:05; said FDA inconsistency makes it harder to raise investment capital1:39:29.

Dr. Cara O'Neill, Chief Science Officer, Cure Sanfilippo Foundation0:47:49: Contrasted outcomes of two Sanfilippo patients, one untreated who died before age 15 and her own daughter who received an experimental gene therapy0:49:090:51:28; said the drug was denied approval last summer over manufacturing issues unrelated to safety, such as "a crack on the floor"0:51:591:20:44; said her interactions with regulators have been respectful but decisions aren't translating into action0:59:170:59:43.

Sen. Angela Alsobrooks (D-MD)1:00:36: Asked about the FDA's reversal on Moderna's seasonal mRNA flu vaccine application, calling it "regulatory whiplash" that raises concerns about political interference1:02:19; asked how NIH funding disruptions set back future cures1:05:14.

Sen. Dave McCormick (R-PA)1:06:15: Noted fewer than 5% of rare diseases have approved treatments despite 23 CRLs since 20251:06:37; asked about the EU's 70-day clinical trial approval cap and Australia's faster process compared to the U.S.1:09:20.

Sen. Andy Kim (D-NJ)1:11:11: Framed the issue as one of government "urgency," drawing on his national security background1:11:431:12:15; pressed on why domestic manufacturing facilities take five to seven years to build and urged incentives over penalties1:16:00.

Sen. Ron Johnson (R-WI)1:19:00: Pressed Kennedy on an advisory committee that voted no and was overruled by the agency1:19:001:19:35; pressed O'Neill on flimsy manufacturing-based CRL rationale1:20:14; called the hearing's diagnosis of the problem "eminently fixable"1:25:30.

A senator (unlabeled, following Sen. Johnson's introduction)0:56:46: Pressed Dr. Schmahmann in detail about his FDA meetings, calling the experience "shocking"0:57:140:58:40.

Key moments

Kennedy testified at least 23 complete response letters have been issued for rare disease therapies since early 2025, while advisory committee meetings declined 65% compared to 2024, with none convened since July0:32:091:04:17.

Schmahmann described a rare-disease drug shown in a real-world evidence study to slow disease progression by 50-70% across nine prespecified endpoints, which the FDA still denied — he wrote six unanswered letters cosigned by 17 colleagues between 2023 and 20250:39:000:39:270:39:56.

Schmahmann said an FDA panel member told him "why should I listen to you?" during one of three meetings he described as feeling "like talking to a brick wall"0:39:560:57:45.

O'Neill said her daughter's gene therapy for Sanfilippo syndrome was denied approval over manufacturing concerns unrelated to child safety, including "a crack on the floor" and an outdoor tarp, and was denied a second time on resubmission0:51:590:52:511:20:44.

Schmahmann rejected an FDA-proposed approach of withdrawing stable patients from a safe drug to observe whether they worsen, calling it "a Tuskegee version two" and "entirely unacceptable"1:38:451:39:17.

Campbell said 95% of over 10,000 known rare diseases lack an FDA-approved treatment, and at the current pace it would take 150 years to treat half of the remaining diseases0:44:480:45:07.

Alsobrooks pressed Kennedy on the FDA's reversal on Moderna's mRNA flu vaccine application — declining then approving review a week later — calling it "regulatory whiplash" raising concerns about political interference1:02:19.

Johnson pressed Kennedy on an instance where an FDA advisory committee voted no on a therapy but the agency internally overruled that vote1:19:001:19:35.

Chair Scott recounted a roughly 2016-17 FDA panel where about 60 Duchenne muscular dystrophy families personally pleaded for approval of an investigational drug and were told no0:55:330:56:05.

Campbell said the EU caps multinational clinical trial startup at 70 days and Australia allows trials to begin almost immediately after ethics approval, contrasting with slower U.S. timelines, and warned that continued uncertainty is pushing investment toward Chinese biotech1:09:201:40:46.

Metadata

CommitteeSenate Aging (Special)
Chamber / CongressSenate · 119th Congress
Date2026-02-26
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript240 caption blocks · 12,904 words · 1:50:51 runtime
EventCongress.gov 338013