S. 355: FDA Modernization Act 3.0
Sponsor
Cory Booker
Democrat · NJ
Congress wants FDA rules to catch up on animal testing
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
Latest Action · Dec 17, 2025
Passed the Senate, received in House
S. 355 Bill Summary
What S. 355 actually does.
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.
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.
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.
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.
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.
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
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
Democrat, NJ · 13 years in Congress
Committees: Small Business and Entrepreneurship, Agriculture, Nutrition, and Forestry, Foreign Relations
View full profile →
Cosponsors (9)
This bill has 9 cosponsors: 4 Democrats, 4 Republicans, 1 Independent, reflecting bipartisan support. Cosponsors represent 9 states: California, Connecticut, Kansas, and 6 more.
Committee Sponsors
Health, Education, Labor, and Pensions Committee
2 of 23 committee members cosponsored
10 Democrats across this committee haven't cosponsored yet. Mobilize their constituents
S. 355 Quick Facts
- Committee
- Health, Education, Labor, and Pensions
- Chamber
- Senate
- Policy
- Health
- Introduced
- Feb 3, 2025
Passed the Senate, received in House
Dec 17, 2025
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
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