Election Day is coming — are you registered to vote?
119th Congress
Independent · Nonpartisan · Reader-supported
SENATES. 1954· 119th Congress

Bill Would Automatically Deem All FDA-Licensed Biosimilars Interchangeable with Brand-Name Versions

Biosimilar Red Tape Elimination Act

Sponsor
Mike Lee (R-UT)
Introduced
Jun 4, 2025
Last Action
Jul 27, 2026

Recorded legislative actions. Future votes are not implied.

✓
Introduced
Jun 4, 2025
✓
In Committee
Jun 4, 2025
✓
Passed Committee
Jun 17, 2026
✓
Passed Committee
Jul 27, 2026

AI-assisted analysis based on the official CRS summary. Source version: Jul 31, 2026. Analysis updated: Sep 15, 2026.

01 — The Text

What.

  • Current law allows biosimilars to be deemed interchangeable with reference products only if they meet additional FDA requirements; this bill eliminates those additional requirements
  • Under the bill, all biosimilars licensed by the FDA would be automatically deemed interchangeable with their reference products
  • The change would take effect 60 days after enactment, and biosimilars licensed before enactment would be deemed interchangeable on that date
  • The bill preserves the existing marketing exclusivity period granted to the first biosimilar deemed interchangeable for a given reference product
  • Biosimilars licensed after the bill takes effect would not be deemed interchangeable during any unexpired exclusivity period held by a previously licensed biosimilar for the same reference product
02 — The Stakes

So what?

  • Pharmacists would gain authority to substitute any FDA-licensed biosimilar when filling prescriptions for reference products, subject to state law
  • The documented effect is removal of interchangeability demonstration requirements; effects on drug prices, adoption rates, or patient access are not established in the official summary
  • First-mover biosimilar exclusivity periods would continue to block later biosimilars from automatic interchangeability status until exclusivity expires
03 — The Path

Now what?

  • Senate Committee on Health, Education, Labor, and Pensions reported the bill with an amendment on July 27, 2026
  • The bill was placed on Senate Legislative Calendar (Calendar No. 521) on July 27, 2026
  • No recorded floor action or scheduled vote date
Legislative History

Actions.

  • Jul 27, 2026 — Placed on Senate Legislative Calendar under General Orders. Calendar No. 521.
  • Jul 27, 2026 — Committee on Health, Education, Labor, and Pensions. Reported by Senator Cassidy with an amendment in the nature of a substitute. Without written report.
  • Jul 27, 2026 — Committee on Health, Education, Labor, and Pensions. Reported by Senator Cassidy with an amendment in the nature of a substitute. Without written report.
  • Jun 17, 2026 — Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.
  • Jun 4, 2025 — Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • Jun 4, 2025 — Introduced in Senate