Plain English
GovGreed Synthesis · 2025-12-17
FDA Modernization Act 3.0 This bill requires the Food and Drug Administration (FDA) to publish an interim final rule implementing a provision of the Consolidated Appropriations Act of 2023 that authorized the use of certain alternatives to animal testing to support investigational use of a new drug. The rule must replace references to animal tests, data, studies, models, and research with references to nonclinical tests, data, studies, models, and research throughout the FDA’s regulations governing investigational new drug applications, and may make other changes to the regulations as appropriate. The rule must be published within one year of the bill’s enactment, and must take immediate effect as an interim final rule.
Market Impact Map
Action Timeline
2025-12-17
Held at the desk.
2025-12-17
Received in the House.
2025-12-17
Message on Senate action sent to the House.
2025-12-16
Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S8794)
2025-12-16
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
2025-12-16
Measure laid before Senate by unanimous consent. (consideration: CR S8793-8794)
2025-12-16
Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.
2025-12-16
Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.
2025-02-03
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
2025-02-03
Introduced in Senate
Full Bill Text
117 S355 ES: FDA Modernization Act 3.0 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 119th CONGRESS 1st Session S. 355 IN THE SENATE OF THE UNITED STATES AN ACT To require the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to publish a final rule relating to nonclinical testing methods. 1. Short title This Act may be cited as the FDA Modernization Act 3.0 . 2. Regulations on nonclinical testing methods (a) Interim final rule (1) In general In order to ensure implementation of the amendments to section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ) made by section 3209(a) of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ; 136 Stat. 5821), not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall publish an interim final rule— (A) to amend the sections of title 21, Code of Federal Regulations, described in paragraph (2) to replace any references to animal tests, data, studies, models, and research with a reference to nonclinical tests, data, studies, models, and research; and (B) to add the definition of nonclinical test in section 505(z) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(z) ) to sections 312.3, 314.3, 315.2, and 601.31 of title 21, Code of Federal Regulations. (2) CFR sections described The sections of title 21, Code of Federal Regulations, described in this paragraph are the following: (A) Section 312.22(c). (B) Section 312.23(a)(3)(iv). (C) Section 312.23(a)(5)(ii). (D) Section 312.23(a)(5)(iii). (E) Section 312.23(a)(8). (F) Section 312.23(a)(8)(i). (G) Section 312.23(a)(8)(ii). (H) Section 312.23(a)(10)(i). (I) Section 312.23(a)(10)(ii). (J) Section 312.33(b)(6). (K) Section 312.82(a). (L) Section 312.88. (M) Section 314.50(d)(2). (N) Section 314.50(d)(2)(iv). (O) Section 314.50(d)(5)(i). (P) Section 314.50(d)(5)(vi)(a). (Q) Section 314.50(d)(5)(vi)(b). (R) Section 314.93(e)(2). (S) Section 315.6(d). (T) Section 330.10(a)(2). (U) Section 601.35(d). (V) Any other section necessary to ensure regulatory consistency with the amendments to section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ) made by section 3209(a) of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ; 136 Stat. 5821). (3) Effectiveness of interim final rule Notwithstanding subparagraph (B) of section 553(b) of title 5, United States Code, the interim final rule issued by the Secretary of Health and Human Services under paragraph (1) shall become immediately effective as an interim final rule without requiring the Secretary of Health and Human Services to demonstrate good cause therefor. (b) Technical amendment Section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) is amended by designating the second subsection (z) (relating to clinical trial diversity action plans), as added by section 3601(a) of the Health Extenders, Improving Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of 2022 (division FF of Public Law 117–328 ), as subsection (aa). Passed the Senate Secretary
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