[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2292 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 152
119th CONGRESS
  1st Session
                                S. 2292

To amend the Federal Food, Drug, and Cosmetic Act to revise and extend 
  the user fee program for over-the-counter monograph drugs, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2025

Mr. Banks (for himself, Mr. Kaine, Mr. Kim, and Mr. Husted) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

                           September 8, 2025

               Reported by Mr. Cassidy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Food, Drug, and Cosmetic Act to revise and extend 
  the user fee program for over-the-counter monograph drugs, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Over-the-Counter Monograph 
Drug User Fee Amendments''.</DELETED>

<DELETED>SEC. 2. FINDING.</DELETED>

<DELETED>    Congress finds that the fees authorized by the amendments 
made in this Act will be dedicated to OTC monograph drug activities, as 
set forth in the goals identified for purposes of part 10 of subchapter 
C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
379j-71 et seq.), in the letters from the Secretary of Health and Human 
Services to the Chairman of the Committee on Energy and Commerce of the 
House of Representatives and the Chairman of the Committee on Health, 
Education, Labor, and Pensions of the Senate, as set forth in the 
Congressional Record.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    Section 744L(9)(A) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 379j-71(9)(A)) is amended--</DELETED>
        <DELETED>    (1) in clause (v), by striking ``; or'' and 
        inserting a semicolon;</DELETED>
        <DELETED>    (2) in clause (vi)--</DELETED>
                <DELETED>    (A) by striking ``addition'' and inserting 
                ``the addition''; and</DELETED>
                <DELETED>    (B) by striking the period and inserting 
                ``; or''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(vii) the addition or modification of a 
                testing procedure applicable to one or more OTC 
                monograph drugs, provided that such additional or 
                modified testing procedure reflects a voluntary 
                consensus standard with respect to pharmaceutical 
                quality that is--</DELETED>
                        <DELETED>    ``(I) established by a national or 
                        international standards development 
                        organization; and</DELETED>
                        <DELETED>    ``(II) recognized by the Secretary 
                        through a process described in guidance for 
                        industry, initially published in July 2023, or 
                        any successor guidance, publicly available on 
                        the website of the Food and Drug 
                        Administration, which addresses voluntary 
                        consensus standards for pharmaceutical 
                        quality.''.</DELETED>

<DELETED>SEC. 4. AUTHORITY TO ASSESS AND USE OTC MONOGRAPH 
              FEES.</DELETED>

<DELETED>    (a) Types of Fees.--Section 744M(a)(1) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-72(a)(1)) is amended--
</DELETED>
        <DELETED>    (1) in subparagraph (A)--</DELETED>
                <DELETED>    (A) by striking ``on December 31 of the 
                fiscal year or at any time during the preceding 12-
                month period'' and inserting ``at any time during the 
                applicable period specified in clause (ii) for a fiscal 
                year'';</DELETED>
                <DELETED>    (B) by striking ``Each person'' and 
                inserting the following:</DELETED>
                        <DELETED>    ``(i) Assessment of fees.--Each 
                        person''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                        <DELETED>    ``(ii) Applicable period.--For 
                        purposes of clause (i), the applicable period 
                        is--</DELETED>
                                <DELETED>    ``(I) for fiscal year 
                                2026, the 12-month period ending on 
                                December 31, 2025;</DELETED>
                                <DELETED>    ``(II) for fiscal year 
                                2027, the 9-month period ending on 
                                September 30, 2026; and</DELETED>
                                <DELETED>    ``(III) for fiscal year 
                                2028 and each subsequent fiscal year, 
                                the 12-month period ending on September 
                                30 of the preceding fiscal 
                                year.'';</DELETED>
        <DELETED>    (2) in subparagraph (B)(i), by amending subclause 
        (I) to read as follows:</DELETED>
                                <DELETED>    ``(I) has ceased all 
                                activities related to OTC monograph 
                                drugs prior to--</DELETED>
                                        <DELETED>    ``(aa) for 
                                        purposes of fiscal year 2026, 
                                        January 1, 2025;</DELETED>
                                        <DELETED>    ``(bb) for 
                                        purposes of fiscal year 2027, 
                                        January 1, 2026; and</DELETED>
                                        <DELETED>    ``(cc) for 
                                        purposes of fiscal year 2028 
                                        and each subsequent fiscal 
                                        year, October 1 of the 
                                        preceding fiscal year; and''; 
                                        and</DELETED>
        <DELETED>    (3) by amending subparagraph (D) to read as 
        follows:</DELETED>
                <DELETED>    ``(D) Due date.--</DELETED>
                        <DELETED>    ``(i) Fiscal year 2026.--For 
                        fiscal year 2026, the facility fees required 
                        under subparagraph (A) shall be due on the 
                        later of--</DELETED>
                                <DELETED>    ``(I) the first business 
                                day of June of such year; or</DELETED>
                                <DELETED>    ``(II) the first business 
                                day after the enactment of an 
                                appropriations Act providing for the 
                                collection and obligation of fees under 
                                this section for such year.</DELETED>
                        <DELETED>    ``(ii) Fiscal year 2027.--For 
                        fiscal year 2027, the facility fees required 
                        under subparagraph (A) shall be due--</DELETED>
                                <DELETED>    ``(I) in a first 
                                installment representing 50 percent of 
                                such fee, on the later of--</DELETED>
                                        <DELETED>    ``(aa) October 1, 
                                        2026; or</DELETED>
                                        <DELETED>    ``(bb) the first 
                                        business day after the 
                                        enactment of an appropriations 
                                        Act providing for the 
                                        collection and obligation of 
                                        fees under this section for 
                                        such year; and</DELETED>
                                <DELETED>    ``(II) in a second 
                                installment representing the remaining 
                                50 percent of such fee, on--</DELETED>
                                        <DELETED>    ``(aa) February 1, 
                                        2027; or</DELETED>
                                        <DELETED>    ``(bb) if an 
                                        appropriations Act described in 
                                        subclause (I)(bb) is not in 
                                        effect on February 1, 2027, the 
                                        first business day after 
                                        enactment of such an 
                                        appropriations Act.</DELETED>
                        <DELETED>    ``(iii) Subsequent fiscal years.--
                        For fiscal year 2028 and each subsequent fiscal 
                        year, the facility fees required under 
                        subparagraph (A) shall be due on the later of--
                        </DELETED>
                                <DELETED>    ``(I) the first business 
                                day on or after October 1 of the fiscal 
                                year; or</DELETED>
                                <DELETED>    ``(II) the first business 
                                day after the date of enactment of an 
                                appropriations Act providing for the 
                                collection and obligation of fees under 
                                this section for the fiscal 
                                year.''.</DELETED>
<DELETED>    (b) Fee Revenue Amounts.--Section 744M(b) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-72(b)) is amended to read 
as follows:</DELETED>
<DELETED>    ``(b) Fee Revenue Amounts.--</DELETED>
        <DELETED>    ``(1) In general.--For each of the fiscal years 
        2026 through 2030, fees under subsection (a)(1) shall be 
        established to generate a total facility fee revenue amount 
        equal to the sum of--</DELETED>
                <DELETED>    ``(A) the annual base revenue for the 
                fiscal year (as determined under paragraph 
                (2));</DELETED>
                <DELETED>    ``(B) the dollar amount equal to the 
                inflation adjustment for the fiscal year (as determined 
                under subsection (c)(1));</DELETED>
                <DELETED>    ``(C) the dollar amount equal to the 
                operating reserve adjustment for the fiscal year, if 
                applicable (as determined under subsection 
                (c)(2));</DELETED>
                <DELETED>    ``(D) additional direct cost adjustments 
                (as determined under subsection (c)(3));</DELETED>
                <DELETED>    ``(E) an additional dollar amount equal 
                to--</DELETED>
                        <DELETED>    ``(i) $2,373,000 for fiscal year 
                        2026;</DELETED>
                        <DELETED>    ``(ii) $1,233,000 for fiscal year 
                        2027; and</DELETED>
                        <DELETED>    ``(iii) $854,000 for fiscal year 
                        2028; and</DELETED>
                <DELETED>    ``(F) in the case of a fiscal year for 
                which the Secretary applies the one-time facility fee 
                workload adjustment under subsection (c)(4), the dollar 
                amount equal to such adjustment.</DELETED>
        <DELETED>    ``(2) Annual base revenue.--For purposes of 
        paragraph (1), the dollar amount of the annual base revenue for 
        a fiscal year shall be--</DELETED>
                <DELETED>    ``(A) for fiscal year 2026, the dollar 
                amount of the total revenue amount established for 
                fiscal year 2025 under this subsection as in effect on 
                the day before the date of enactment of the Over-the-
                Counter Monograph Drug User Fee Amendments, not 
                including any adjustments made for such fiscal year 
                2025 under subsection (c)(2), as so in effect; 
                and</DELETED>
                <DELETED>    ``(B) for fiscal years 2027 through 2030, 
                the dollar amount of the total revenue amount 
                established under this subsection for the previous 
                fiscal year, not including any adjustments made for 
                such previous fiscal year under subsection (c)(2) or 
                (c)(3).''.</DELETED>
<DELETED>    (c) Adjustments; Annual Fee Setting.--Section 744M(c) of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-72) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) in subparagraph (A), in the matter 
                preceding clause (i)--</DELETED>
                        <DELETED>    (i) by striking ``subsection 
                        (b)(2)(B)'' and inserting ``subsection 
                        (b)(1)(B)''; and</DELETED>
                        <DELETED>    (ii) by striking ``fiscal year 
                        2022 and each subsequent fiscal year'' and 
                        inserting ``each fiscal year'';</DELETED>
                <DELETED>    (B) in subparagraph (B), by striking 
                ``fiscal year 2022'' and all that follows through the 
                period at the end and inserting the following: ``a 
                fiscal year shall be equal to the product of--
                </DELETED>
                        <DELETED>    ``(i) for fiscal year 2026--
                        </DELETED>
                                <DELETED>    ``(I) the fee for fiscal 
                                year 2025 under subsection (a)(2); 
                                and</DELETED>
                                <DELETED>    ``(II) the inflation 
                                adjustment percentage under 
                                subparagraph (C); and</DELETED>
                        <DELETED>    ``(ii) for each of fiscal years 
                        2027 through 2030--</DELETED>
                                <DELETED>    ``(I) the applicable fee 
                                under subsection (a)(2) for the 
                                preceding fiscal year; and</DELETED>
                                <DELETED>    ``(II) the inflation 
                                adjustment percentage under 
                                subparagraph (C).''; and</DELETED>
                <DELETED>    (C) in subparagraph (C)--</DELETED>
                        <DELETED>    (i) in the matter preceding clause 
                        (i), by inserting ``the sum of'' after ``is 
                        equal to'';</DELETED>
                        <DELETED>    (ii) by striking clause 
                        (i);</DELETED>
                        <DELETED>    (iii) by redesignating subclauses 
                        (I) and (II) of clause (ii) as clauses (i) and 
                        (ii), respectively, and adjusting the margins 
                        accordingly;</DELETED>
                        <DELETED>    (iv) by striking ``(ii) for each 
                        of fiscal years 2024 and 2025, the sum of--''; 
                        and</DELETED>
                        <DELETED>    (v) in clause (ii), as so 
                        redesignated, by striking ``Washington-
                        Baltimore, DC-MD-VA-WV'' and inserting 
                        ``Washington-Arlington-Alexandria-DC-VA-MD-
                        WV'';</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (A) in subparagraph (A)--</DELETED>
                        <DELETED>    (i) by striking ``fiscal year 2021 
                        and subsequent fiscal years'' and inserting 
                        ``each fiscal year'';</DELETED>
                        <DELETED>    (ii) by striking ``subsections 
                        (b)(1)(B) and (b)(2)(C)'' and inserting 
                        ``subsection (b)(1)(C)''; and</DELETED>
                        <DELETED>    (iii) by striking ``the number of 
                        weeks specified in subparagraph (B)'' and 
                        inserting ``10 weeks'';</DELETED>
                <DELETED>    (B) by striking subparagraph 
                (B);</DELETED>
                <DELETED>    (C) by redesignating subparagraphs (C) and 
                (D) as subparagraphs (B) and (C), respectively; 
                and</DELETED>
                <DELETED>    (D) in subparagraph (C), as so 
                redesignated, by striking ``paragraph (4) 
                establishing'' and inserting ``paragraph (5) 
                publishing'';</DELETED>
        <DELETED>    (3) in paragraph (3)--</DELETED>
                <DELETED>    (A) in the matter preceding subparagraph 
                (A), by striking ``subsection (b)(2)(D)'' and inserting 
                ``subsection (b)(1)(D)''; and</DELETED>
                <DELETED>    (B) by striking subparagraphs (A) through 
                (E) and inserting the following:</DELETED>
                <DELETED>    ``(A) $135,000 for fiscal year 
                2026;</DELETED>
                <DELETED>    ``(B) $300,000 for fiscal year 
                2027;</DELETED>
                <DELETED>    ``(C) $55,000 for fiscal year 
                2028;</DELETED>
                <DELETED>    ``(D) $30,000 for fiscal year 2029; 
                and</DELETED>
                <DELETED>    ``(E) $0 for fiscal year 2030.''; 
                and</DELETED>
        <DELETED>    (4) by striking paragraph (4) and inserting the 
        following:</DELETED>
        <DELETED>    ``(4) One