S. 355: FDA Modernization Act 3.0

Introduced Feb 3, 20259 cosponsors

Sponsor

Cory Booker

Cory Booker

Democrat · NJ

Congress wants FDA rules to catch up on animal testing

3 min readLast updated July 29, 2026

Why it matters

The bill gives the FDA 1 year to rewrite more than 20 regulations so drug and biologics developers can rely on non-animal testing language already allowed under federal law. If that happens, companies using organ-on-a-chip, computational models, and other nonclinical methods would finally see the agency's rulebook match the statute.

S. 355 tells the FDA to update its own regulations within 1 year so non-animal testing methods are clearly recognized across the drug review process.

Congress already changed federal law in 2022 so drug sponsors are not locked into animal testing before starting human trials. This bill says the FDA now has to bring its regulations into line by publishing an interim final rule through HHS.

The bill specifically orders the agency to replace references to "animal" tests, studies, models, and research with "nonclinical" language across a long list of drug, biologics, and over-the-counter regulations. It also imports the statutory definition of "nonclinical test" into key FDA definitions.

For companies using organ-on-a-chip systems, computational toxicology, or other alternatives, the practical change is clarity: the rules on the books would stop signaling that animal data is the default path.

The rule would take effect immediately once issued. That matters because it prevents a long lag between publication and use, though sponsors would still need the FDA to accept their evidence in practice.

The bill also makes a technical fix by renaming a duplicate subsection in existing law. The bigger question is not whether the wording changes — it is whether FDA reviewers treat non-animal evidence as a real option once the regulations are updated.

Bill Progress

IntroducedFeb 3
Committee 
Pass SenateDec 16
Pass House 
Signed 
Law 

Latest Action · Dec 17, 2025

1/3

Passed the Senate, received in House

S. 355 Bill Summary

What S. 355 actually does.

1

FDA must rewrite its rules within 1 year

S. 355 requires HHS, acting through the FDA commissioner, to publish an interim final rule within 1 year of enactment to implement the 2022 change allowing nonclinical testing methods.

2

Animal-testing language gets replaced across FDA regulations

The bill orders the FDA to swap references to animal tests, studies, models, and research for nonclinical terminology across a long list of drug, biologics, and over-the-counter regulations.

3

The new rule takes effect right away

Once published, the interim final rule becomes immediately effective instead of waiting through the usual delay that often follows new regulations.

4

Key FDA definitions would recognize nonclinical tests

The bill adds the statutory definition of nonclinical test to several core FDA regulatory definitions so the term is used consistently across applications and reviews.

5

Biologics and OTC products are included too

The required updates are not limited to prescription drugs. The bill also reaches biologics regulations and at least one over-the-counter drug regulation.

Who benefits from S. 355?

Drug and biotech companies using newer testing tools

If you're trying to submit data from organ-on-a-chip systems, computational models, or other non-animal methods, S. 355 could make the regulatory path easier to read because the FDA's rules would stop pointing back to animal testing as the default.

Developers of non-animal testing platforms

Companies that build nonclinical testing tools could benefit if FDA regulations explicitly recognize the kind of data their products generate, making adoption by drug sponsors more plausible.

Researchers pushing alternatives to animal studies

Scientists who want wider use of non-animal methods would get a clearer federal signal that those approaches belong in the mainstream drug-development process, not at the margins.

Who is affected by S. 355?

FDA reviewers and rule writers

The agency would have to revise its regulations on a 1-year clock and then apply those updated terms in real review decisions, not just in guidance or speeches.

Drug sponsors still relying mainly on animal data

These companies would still be able to use traditional studies, but they would be operating in a regulatory environment that more clearly accommodates non-animal alternatives too.

Animal-testing vendors and contract research organizations

Firms built around traditional animal studies could face more competition if sponsors shift part of their preclinical work toward non-animal methods once the rules are updated.

Share this story
On the Record

What Congress Is Saying

S. 355 has come up 4 times in the Congressional Record so far.

S. 355 also appeared in 2 more Senate floor references and 1 routine cosponsor filing.

S355 Legislative Journey

3 actions

House: Action Taken

Dec 17, 2025

Held at the desk.

Passed

Dec 16, 2025

Passed Senate with an amendment by Unanimous Consent. (text of amendment in the nature of a substitute: CR S8794)

+4 more actions this day

Committee Action

Feb 3, 2025

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

About the Sponsor

Cory Booker

Cory Booker

Democrat, NJ · 13 years in Congress

Committees: Small Business and Entrepreneurship, Agriculture, Nutrition, and Forestry, Foreign Relations

View full profile →

Cosponsors (9)

No new cosponsors in 376 days — momentum stalled

This bill has 9 cosponsors: 4 Democrats, 4 Republicans, 1 Independent, reflecting bipartisan support. Cosponsors represent 9 states: California, Connecticut, Kansas, and 6 more.

4Democrats4Republicans1Independent·9 statesBipartisan

Committee Sponsors

Health, Education, Labor, and Pensions Committee

10D12R1I
|2 signed21 not yet

2 of 23 committee members cosponsored

10 Democrats across this committee haven't cosponsored yet. Mobilize their constituents

S. 355 Quick Facts

Cosponsors
9
Eric Schmitt
Angus King
John Kennedy
Sheldon Whitehouse
Roger Marshall
+4 more
Committee
Health, Education, Labor, and Pensions
Chamber
Senate
Policy
Health
Introduced
Feb 3, 2025

Passed the Senate, received in House

Dec 17, 2025

Constituent Resources

Get notified when this bill moves

S. 355 Common Questions

What does S. 355 actually do?

It tells the FDA to rewrite its regulations within 1 year so they reflect federal law allowing non-animal, nonclinical testing methods in drug development.

Does S. 355 ban animal testing for drugs?

No. It does not ban animal testing. It updates FDA regulations so non-animal methods are clearly recognized as an option instead of leaving older animal-testing language in place.

How fast would the FDA have to act under S. 355?

The bill gives HHS, through the FDA, 1 year after enactment to publish an interim final rule updating the regulations.

Would the new FDA rule take effect immediately?

Yes. S. 355 says the interim final rule would become effective as soon as it is issued.

Would this affect biologics as well as regular drugs?

Yes. The bill specifically reaches biologics regulations, not just drug application rules.

Does S. 355 apply to over-the-counter drugs too?

Yes. The bill includes an over-the-counter drug regulation in the list of provisions the FDA must update.

Can drug companies already use non-animal testing now?

In part, yes. Congress changed federal law in 2022 to allow nonclinical methods. S. 355 is about forcing the FDA's regulations to catch up with that change.

Why are supporters pushing S. 355 if the law already changed?

Because supporters argue the statute changed in 2022, but many FDA regulations still use older animal-testing language. This bill is meant to close that gap.

Based on S. 355 bill text

S. 355 Bill Text

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.

Source: U.S. Government Publishing Office

Bill Alerts

Get notified when S. 355 moves

Committee votes, floor action, cosponsor changes — straight to your inbox.

Bill alerts + Legisletter's monthly briefing. Unsubscribe anytime.

Health Bills

9 related bills we're tracking

View all
H.R. 842

Nancy Gardner Sewell Medicare Multi-Cancer Early Detection Screening Coverage Act

Jodey Arrington
Jodey ArringtonR-TX
Cosponsor
Cosponsor
Cosponsor
Cosponsor
+334
338 cosponsors

Reported (Amended) by the Committee on Ways and Means. H. Rept. 119-333, Part I.

Oct 3, 2025

HouseHealth
H.R. 1262

Mikaela Naylon Give Kids a Chance Act

Michael McCaul
Michael McCaulR-TX
Cosponsor
Cosponsor
Cosponsor
Cosponsor
+309
313 cosponsors

Received in the Senate.

Dec 2, 2025

HouseHealth
H.R. 3514

Improving Seniors’ Timely Access to Care Act of 2025

Mike Kelly
Mike KellyR-PA
Cosponsor
Cosponsor
Cosponsor
Cosponsor
+294
298 cosponsors
+2 this month

Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 42 - 0.

Jul 15, 2026

HouseHealth
H.R. 4206

CONNECT for Health Act of 2025

Mike Thompson
Mike ThompsonD-CA
Cosponsor
Cosponsor
Cosponsor
Cosponsor
+237
241 cosponsors
+2 this month

Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Jun 26, 2025

HouseHealth
H.R. 7973

Momnibus Act

Lauren Underwood
Lauren UnderwoodD-IL
Cosponsor
Cosponsor
Cosponsor
Cosponsor
+208
212 cosponsors

Referred to the Subcommittee on Health.

Apr 20, 2026

HouseHealth
H.R. 999

Right to Contraception Act

Lizzie Fletcher
Lizzie FletcherD-TX
Cosponsor
Cosponsor
Cosponsor
Cosponsor
+206
210 cosponsors

Referred to the House Committee on Energy and Commerce.

Feb 5, 2025

HouseHealth
H.R. 12

Women’s Health Protection Act of 2025

Judy Chu
Judy ChuD-CA
Cosponsor
Cosponsor
Cosponsor
Cosponsor
+204
208 cosponsors

Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Jun 24, 2025

HouseHealth
H.R. 879

Medicare Patient Access and Practice Stabilization Act of 2025

Gregory Murphy
Gregory MurphyR-NC
Cosponsor
Cosponsor
Cosponsor
Cosponsor
+191
195 cosponsors

Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Jan 31, 2025

HouseHealth
H.R. 4611

EACH Act of 2025

Ayanna Pressley
Ayanna PressleyD-MA
Cosponsor
Cosponsor
Cosponsor
Cosponsor
+181
185 cosponsors

Referred to the Subcommittee on Health.

Dec 19, 2025

HouseHealth

Tracking Health in Congress? Monitor bills, track cosponsor momentum, and launch advocacy campaigns — all from one advocacy platform.