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S. 1096In committee

Preserve Access to Affordable Generics and Biosimilars Act

Introduced: Mar 24, 2025

Latest action date: Apr 10, 2025

Latest development

Placed on Senate Legislative Calendar under General Orders. Calendar No. 46.

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Congress
119th Congress
Introduced
Mar 24, 2025
Recorded roll calls
0

Status detail: The most advanced recorded stage is committee consideration.

Plain-language overview

What this bill does

Preserve Access to Affordable Generics and Biosimilars Act

This bill prohibits parties from entering into any agreement that resolves or settles a patent claim related to the sale of a drug or biological product and that has anticompetitive effects. Such an agreement is presumed to have anticompetitive effects if the filer of a generic drug or biosimilar application receives anything of value and agrees to limit or forego research, development, manufacturing, marketing, or sales of the generic drug or biosimilar.

An agreement is exempt if the only consideration granted to the generic manufacturer is (1) the right to market and secure final approval for its product prior to the expiration of any statutory exclusivity, (2) a payment for reasonable litigation expenses, or (3) a covenant not to sue on any claim that the generic drug or biosimilar infringes a U.S. patent. An agreement is also exempt if the agreement's pro-competitive benefits outweigh the anticompetitive effects.

The bill provides for enforcement by the Federal Trade Commission (FTC). Violators are subject to penalties including the forfeiture of the 180-day marketing exclusivity period for a generic drug.

Additionally, when a generic or biosimilar drug manufacturer enters into an agreement with another drug manufacturer related to the manufacturing, marketing, or sale of a drug, the manufacturers must certify that the material they have given the FTC and the Department of Justice concerning the agreement contains the complete agreement and any related agreements, including descriptions of any oral agreements or representations.

Civixly topics

What this legislation is about

Civixly topics make federal and state legislation comparable. They are derived from the official CRS policy area and legislative subjects.

Official CRS policy area

Health

View 11 official legislative subjects
Administrative law and regulatory proceduresCivil actions and liabilityCompetition and antitrustContracts and agencyFederal Trade Commission (FTC)Intellectual propertyJudicial review and appealsLicensing and registrationsManufacturingMarketing and advertisingPrescription drugs

Committee activity

Committees and subcommittees that received, reviewed, marked up, or reported this legislation.

Amendments

Proposed changes to this measure, with their latest official outcome or action from Congress.gov.

No amendments are listed for this measure.

Checked against Congress.gov Sep 15, 2026.

Action timeline

Newest action first. Action language comes from the official Congress.gov record.

View full action timeline6 actions
  1. Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.

    CommitteeLibrary of Congress
  2. Placed on Senate Legislative Calendar under General Orders. Calendar No. 46.

    CalendarsSenate
  3. Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.

    CommitteeSenate
  4. Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    CommitteeSenate
  5. Read twice and referred to the Committee on the Judiciary.

    IntroReferralSenate
  6. Introduced in Senate

    IntroReferralLibrary of Congress

Roll-call votes

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No connected roll-call votes are currently available for this bill.

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Sources: Congress.gov and official House and Senate vote records.

View data freshness details

Base metadata check pending · Summary check pending · Action timeline checked Sep 15, 2026 · Complete sponsorship check pending · Topics checked Sep 15, 2026 · Committees checked Sep 15, 2026 · Status checked Sep 15, 2026 · Related bills checked Sep 15, 2026.