[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1825 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1825
To clarify that the Federal Right to Try law applies to schedule I
substances for which a phase I clinical trial has been completed and to
provide access for eligible patients to such substances pursuant to the
Federal Right to Try law.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 28, 2023
Mr. Blumenauer (for himself, Ms. Mace, Ms. Dean of Pennsylvania, Mr.
Biggs, and Mr. Correa) introduced the following bill; which was
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
_______________________________________________________________________
A BILL
To clarify that the Federal Right to Try law applies to schedule I
substances for which a phase I clinical trial has been completed and to
provide access for eligible patients to such substances pursuant to the
Federal Right to Try law.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right to Try Clarification Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The Trickett Wendler, Frank Mongiello, Jordan McLinn,
and Matthew Bellina Right to Try Act of 2017 (Public Law 115-
176) was enacted in 2018.
(2) Section 561B of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360bbb-0a), as added by the Act described in
paragraph (1) (referred to in this section as the ``Federal
Right to Try law''), does not exclude from the application of
such law schedule I substances for which a phase I clinical
trial has been completed.
(3) Multiple schedule I drugs have progressed through phase
I clinical trials and have been designated by the Food and Drug
Administration as breakthrough therapies under section 506 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356)
because of preliminary clinical evidence indicating that such
drugs demonstrate substantial improvement over existing
therapies, but eligible patients have not been permitted access
to these drugs pursuant to the Federal Right to Try law.
SEC. 3. AMENDMENT TO FEDERAL RIGHT TO TRY LAW.
Section 561B(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-0a(b)) is amended by inserting ``any provision of the
Controlled Substances Act (21 U.S.C. 801 et seq.) that prohibits the
unauthorized use, possession, distribution, dispensation, or
transportation of an eligible investigational drug,'' before ``and
parts''.
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