S. 2513 (119th)Bill Overview

OTC Monograph Drug User Fee Transparency Act

Health|Health
Sponsor
Cosponsors
Support
Democratic
Introduced
Jul 29, 2025
Discussions
Bill Text
Current stageCommittee

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

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

This bill amends the Federal Food, Drug, and Cosmetic Act to require more detailed public reporting and transparency about the FDA’s handling of over-the-counter (OTC) monograph drug activities. Starting FY2026, the FDA must include counts of different types of OTC monograph order requests (Tier 1, Tier 2, specified safety, and GRAS/E finalizations), timelines for processing, and descriptions of postmarket safety activities in its annual report, and must report on registration and fee-payment status for OTC monograph drug facilities and contract manufacturing organizations.

Why people may split

Public minutes and negotiation transparency: liberals see this as accountability; conservatives worry it reveals trade secrets and politicizes negotiations.

Watch point

Relative to its intended legislative type, this bill is a reasonably well-constructed administrative measure that amends a specific FD&C Act provision to require additional transparency and reporting, prescribes timelines, and mandates a GAO study; it is specific about content and timing but omits funding and detailed protections or procedures for sensitive information and lacks explicit enforcement provisions.

This bill amends the Federal Food, Drug, and Cosmetic Act to require more detailed public reporting and transparency about the FDA’s handling of over-the-counter (OTC) monograph drug activities.

Starting FY2026, the FDA must include counts of different types of OTC monograph order requests (Tier 1, Tier 2, specified safety, and GRAS/E finalizations), timelines for processing, and descriptions of postmarket safety activities in its annual report, and must report on registration and fee-payment status for OTC monograph drug facilities and contract manufacturing organizations.

The bill also requires the FDA to publish robust written minutes of negotiation meetings with regulated industry within 30 days, while preserving existing statutory confidentiality protections.

Passage45/100

Judged purely on content, this is a narrow, technocratic transparency and oversight bill with limited fiscal impact—characteristics that increase its prospects. However, the novel requirement to publish detailed negotiation minutes and potential industry pushback introduce friction. The bill is plausible to advance out of committee and could pass if treated as a low‑profile oversight measure, but Senate procedural hurdles and stakeholder resistance make enactment less certain.

CredibilityPartially aligned

Relative to its intended legislative type, this bill is a reasonably well-constructed administrative measure that amends a specific FD&C Act provision to require additional transparency and reporting, prescribes timelines, and mandates a GAO study; it is specific about content and timing but omits funding and detailed protections or procedures for sensitive information and lacks explicit enforcement provisions.

Contention48/100

Public minutes and negotiation transparency: liberals see this as accountability; conservatives worry it reveals trade secrets and politicizes negotiations.

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
ConsumersLikely burdened

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitIncreased transparency about FDA actions (counts of requests, timelines, postmarket activities, and meeting minutes) co…
  • Potential benefitPublic reporting on processing timelines and order outcomes could incentivize internal process improvements at FDA and…
  • ConsumersExpanded reporting on postmarket safety activities and analytic tools, and a GAO supply chain assessment, could identif…
Likely burdened
  • Potential burdenThe additional reporting, publication of negotiation minutes within 30 days, and tracking of facility payment status wi…
  • Potential burdenPublic disclosure of detailed negotiation minutes could chill candid discussions between FDA and regulated parties, pot…
  • Potential burdenEven with enumerated confidentiality exemptions, industry may be concerned that published details could reveal commerci…
03 · Why people split

Why the argument around this bill splits.

Public minutes and negotiation transparency: liberals see this as accountability; conservatives worry it reveals trade secrets and politicizes negotiations.
Progressive85%

A mainstream liberal would likely view this bill as a positive step toward greater transparency and stronger postmarket safety oversight for OTC drugs.

They would welcome detailed public reporting on FDA performance, processing timelines, and postmarket surveillance enhancements because these can advance consumer safety and accountability.

They may, however, consider the bill a partial measure and press for clearer enforcement mechanisms, additional resources for FDA to carry out the new reporting duties, and safeguards to ensure reported information meaningfully improves public health outcomes.

Leans supportive
Centrist75%

A centrist/moderate would generally view the bill as reasonable oversight and modest transparency reform that improves accountability without fundamentally changing regulatory authority.

They would appreciate the structured reporting, GAO review of the supply chain, and the effort to make negotiation outcomes clearer to the public, while being mindful of trade-secret protections and implementation costs.

Centrists would want to ensure the requirements are implemented in a way that avoids undue administrative burden on FDA and small manufacturers and that the public minutes do not reveal legitimately confidential information.

Leans supportive
Conservative30%

A mainstream conservative would be skeptical of the bill’s expansion of reporting and public disclosure requirements, seeing them as regulatory creep that may increase compliance costs and expose commercially sensitive negotiations.

They would object to broad publication of negotiation minutes as potentially revealing proprietary business positions and as a tool that could be used to pressure or politicize companies.

However, some conservatives might accept a limited version that strengthens supply-chain resilience and clarifies fee compliance without imposing major new burdens or expanding regulatory authority.

Likely resistant
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood45/100

Judged purely on content, this is a narrow, technocratic transparency and oversight bill with limited fiscal impact—characteristics that increase its prospects. However, the novel requirement to publish detailed negotiation minutes and potential industry pushback introduce friction. The bill is plausible to advance out of committee and could pass if treated as a low‑profile oversight measure, but Senate procedural hurdles and stakeholder resistance make enactment less certain.

Scope and complexity
52%
Scopemoderate
52%
Complexitymedium
Why this could stall
  • No cost estimate or estimate of administrative burden is included; the fiscal impact on FDA and GAO is therefore unclear.
  • Stakeholder reactions — particularly from OTC manufacturers and contract manufacturers — are unknown and could lead to lobbying for amendments or opposition to public minutes.
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Public minutes and negotiation transparency: liberals see this as accountability; conservatives worry it reveals trade secrets and politici…

Judged purely on content, this is a narrow, technocratic transparency and oversight bill with limited fiscal impact—characteristics that in…

Unlocked analysis

Relative to its intended legislative type, this bill is a reasonably well-constructed administrative measure that amends a specific FD&C Act provision to require additional transparency and reporting, prescribes timelin…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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