H.R. 1857House117th Congress (2021-2023)In Committee

Protecting Access to Safe and Effective Medicines Act of 2021

Introduced March 11, 2021

AI-Generated Summary

Updated February 8, 2026 at 12:16 AM UTC

The Protecting Access to Safe and Effective Medicines Act of 2021 updates the Federal Food, Drug, and Cosmetic Act to clarify what counts as a “new chemical entity.” It does this by replacing the term “active ingredient (including any ester or salt)” with “active moiety” throughout several drug‑approval sections. The change affects how the FDA evaluates and approves new drugs, impacting pharmaceutical companies and patients who rely on timely access to medicines.

Key Provisions

  • Amends section 505 and related subsections to use “active moiety” instead of “active ingredient” when defining new chemical entities.
  • Updates section 512(c)(2)(F) and other related clauses to replace “active ingredient” with “active moiety.”
  • Changes language in sections 524, 529, and 565A to refer to “active moiety” rather than “active ingredient.”
  • Ensures the definition of “active moiety” follows the Secretary’s definition in 21 CFR 314.3, applying it across the listed provisions.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Health.

March 12, 2021

View full timeline
HouseIntro Referral

Introduced in House

March 11, 2021

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

March 11, 2021

HouseCommittee

Referred to the Subcommittee on Health.

March 12, 2021

Floor Debate

3 members

What members said about H.R. 1857 on the floor

1 Republican2 Democrats
Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Apr 14, 2021

Mr. Speaker, I move to suspend the rules and pass the bill (S. 415) to amend the Federal Food, Drug, and Cosmetic Act with respect to the scope of new chemical exclusivity. Mr. Speaker, I ask…

Kurt Schrader
Rep. Kurt SchraderD-OR-5 · Apr 14, 2021

Mr. Speaker, I rise today to speak in support of S. 415, a bill that has the same policy as my own and Mr. Guthrie's here in the House, H.R. 1857, the Protecting Access to Safe and Effective…

Gus M. Bilirakis
Rep. Gus M. BilirakisR-FL-12 · Apr 14, 2021

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of S. 415, the Ensuring Innovation Act. This legislation is the bipartisan companion to H.R. 1857 led by…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in HouseIssued March 11, 2021

I

117th CONGRESS

1st Session

H. R. 1857

IN THE HOUSE OF REPRESENTATIVES

March 11, 2021

Mr. Schrader (for himself and Mr. Guthrie) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Federal Food, Drug, and Cosmetic Act to clarify the meaning of a new chemical entity.

1.

Short title

This Act may be cited as the Protecting Access to Safe and Effective Medicines Act of 2021.

2.

Clarifying the meaning of new chemical entity

Chapter V of the Federal Food, Drug, and Cosmetic Act is amended—

(1)

in section 505 (21 U.S.C. 355)—

(A)

in subsection (c)(3)(E)—

(i)

in clause (ii), by striking active ingredient (including any ester or salt of the active ingredient) and inserting active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations)); and

(ii)

in clause (iii), by striking active ingredient (including any ester or salt of the active ingredient) and inserting active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations));

(B)

in subsection (j)(5)(F)—

(i)

in clause (ii), by striking active ingredient (including any ester or salt of the active ingredient) and inserting active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations)); and

(ii)

in clause (iii), by striking active ingredient (including any ester or salt of the active ingredient) and inserting active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations));

(C)

in subsection (l)(2)(A)(i), by striking active ingredient (including any ester or salt of the active ingredient) and inserting active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations));

(D)

in subsection (s), in the matter preceding paragraph (1), by striking active ingredient (including any ester or salt of the active ingredient) and inserting active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations)); and

(E)

in subsection (u)(1), in the matter preceding subparagraph (A)—

(i)

by striking active ingredient (including any ester or salt of the active ingredient) and inserting active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations)); and

(ii)

by striking same active ingredient and inserting same active moiety;

(2)

in section 512(c)(2)(F) (21 U.S.C. 360b(c)(2)(F))—

(A)

in clause (i), by striking active ingredient (including any ester or salt of the active ingredient) and inserting active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations));

(B)

in clause (ii), by striking active ingredient (including any ester or salt of the active ingredient) and inserting active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations)); and

(C)

in clause (v), by striking active ingredient (including any ester or salt of the active ingredient) and inserting active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations));

(3)

in section 524(a)(4)(C) (21 U.S.C. 360n(a)(4)(C)), by striking active ingredient (including any ester or salt of the active ingredient) and inserting active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations));

(4)

in section 529(a)(4)(A)(ii) (21 U.S.C. 360ff(a)(4)(A)(ii)), by striking active ingredient (including any ester or salt of the active ingredient) and inserting active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations)); and

(5)

in section 565A(a)(4)(D) (21 U.S.C. 360bbb–4a(a)(4)(D)), by striking active ingredient (including any ester or salt of the active ingredient) and inserting active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations)).