H.R. 2821House119th Congress (2025-2027)Passed House

FDA Modernization Act 3.0

Introduced April 10, 2025

AI-Generated Summary

Updated June 19, 2026 at 4:52 AM UTC

The FDA Modernization Act 3.0 directs the Department of Health and Human Services, through the FDA commissioner, to issue a rule that updates the way the agency refers to pre‑clinical testing. Within a year of the law’s enactment, the rule must replace language that mentions “animal” tests with the broader term “non‑clinical” tests in a list of FDA regulations and add a definition for “non‑clinical test.” The change affects drug and biologic developers who must follow FDA’s regulatory requirements.

Key Provisions

  • Within one year, HHS must publish an interim final rule that swaps references to “animal” tests, data, studies, models, and research with “non‑clinical” equivalents in specified sections of Title 21 of the Code of Federal Regulations.
  • The rule must add a definition of “non‑clinical test” to section 505(z) of the Federal Food, Drug, and Cosmetic Act and to the corresponding CFR sections listed in the bill.
  • The interim final rule becomes effective immediately, without the usual requirement for the agency to show “good cause.”
  • A technical amendment renames subsection (z) of section 505 (which deals with clinical‑trial diversity plans) as subsection (aa).

Legislative Activity

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15 earlier actions
SenateIntro Referral Latest Action

Received in the Senate.

July 21, 2026

View full timeline
HouseIntro Referral

Introduced in House

April 10, 2025

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

April 10, 2025

HouseCommittee

Referred to the Subcommittee on Health.

April 10, 2026

HouseCommittee

Subcommittee Consideration and Mark-up Session Held

May 13, 2026

HouseCommittee

Forwarded by Subcommittee to Full Committee by Voice Vote.

May 13, 2026

HouseCommittee

Committee Consideration and Mark-up Session Held

May 21, 2026

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 44 - 0.

May 21, 2026

HouseCommittee

Reported by the Committee on Energy and Commerce. H. Rept. 119-706.

June 18, 2026

HouseCalendars

Placed on the Union Calendar, Calendar No. 614.

June 18, 2026

HouseFloor

Mr. Guthrie moved to suspend the rules and pass the bill.

July 20, 2026 • 2:47 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H4639-4640)

July 20, 2026 • 2:47 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 2821.

July 20, 2026 • 2:47 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H4639)

July 20, 2026 • 2:57 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H4639)

July 20, 2026 • 2:57 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

July 20, 2026 • 2:57 PM

SenateIntro Referral

Received in the Senate.

July 21, 2026

Floor Debate

4 members

What members said about H.R. 2821 on the floor

2 Republicans2 Democrats
Earl L. "Buddy" Carter
Rep. Earl L. "Buddy" CarterR-GA-1 · Jul 20, 2026

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I rise today in strong support of my bill, H.R. 2821, the FDA Modernization Act 3.0, bipartisan legislation that ensures the FDA fully…

Brett Guthrie
Rep. Brett GuthrieR-KY-2 · Jul 20, 2026

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2821) to require the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to publish a final…

Troy A. Carter
Rep. Troy A. CarterD-LA-2 · Jul 20, 2026

Mr. Speaker, I rise in strong support of H.R. 2821, the FDA Modernization Act 3.0, introduced by the gentleman from Georgia (Mr. Carter). I am proud to co-lead this bill with him and a bipartisan…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jul 20, 2026

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 2821, the FDA Modernization Act 3.0, led by Representative Barragan and Representative Carter of…

Bill Text

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Engrossed in HouseIssued July 20, 2026

119th CONGRESS

2d Session

H. R. 2821

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 House of Representatives July 20, 2026.

Clerk.