HR 878 · 115th Congress 2017–2019, ended

Right to Try Act of 2017

Introduced Feb 6, 2017 Originated House Sponsor Andy Biggs R-AZ

Fact sheet Spreadsheet

Latest action · Mar 2, 2017 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 6, 2017
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Right to Try Act of 2017

This bill requires the federal government to allow unrestricted manufacturing, distribution, prescribing, and dispensing of experimental drugs, biological products, and medical devices that are: (1) intended to treat a patient who has been diagnosed with a terminal illness, and (2) authorized by state law. The federal government must allow unrestricted possession and use of such treatments by patients certified by a physician as having exhausted all other treatment options.

A manufacturer, distributor, prescriber, dispenser, possessor, or user of such a treatment has no liability regarding the treatment.

The outcome of manufacture, distribution, prescribing, dispensing, possession, or use of such a treatment may not be used by a federal agency to adversely impact review or approval of the treatment.

The treatment must: (1) have successfully completed a phase 1 (initial, small scale) clinical trial; (2) remain under investigation in a clinical trial approved by the Food and Drug Administration; and (3) not be approved, licensed, or cleared for sale under the Federal Food, Drug, or Cosmetic Act or the Public Health Service Act.

Cosponsors 89

Members who signed on, in the order they did. Signatures ran from Feb 6, 2017 to May 21, 2018; 27 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-INAndré CarsonOriginalFeb 6, 2017
R-KYAndy BarrOriginalFeb 6, 2017
R-PABrian K. FitzpatrickOriginalFeb 6, 2017
R-UTChris StewartOriginalFeb 6, 2017
R-CADana RohrabacherOriginalFeb 6, 2017
R-CADarrell IssaOriginalFeb 6, 2017
R-VADave BratOriginalFeb 6, 2017
R-AZDavid SchweikertOriginalFeb 6, 2017
R-CODoug LambornOriginalFeb 6, 2017
R-WIF. James Sensenbrenner, Jr.OriginalFeb 6, 2017
R-WIGlenn GrothmanOriginalFeb 6, 2017
R-MNJason LewisOriginalFeb 6, 2017
R-SCJeff DuncanOriginalFeb 6, 2017
R-INJim BanksOriginalFeb 6, 2017
R-OKJim BridenstineOriginalFeb 6, 2017
R-NDKevin CramerOriginalFeb 6, 2017
R-NJLeonard LanceOriginalFeb 6, 2017
R-PALloyd SmuckerOriginalFeb 6, 2017
R-TXLouie GohmertOriginalFeb 6, 2017
R-INLuke MesserOriginalFeb 6, 2017
R-AZMartha McSallyOriginalFeb 6, 2017
R-TXPete OlsonOriginalFeb 6, 2017
R-NCRobert PittengerOriginalFeb 6, 2017
R-FLTed S. YohoOriginalFeb 6, 2017
R-INTodd RokitaOriginalFeb 6, 2017
R-PATom MarinoOriginalFeb 6, 2017
R-AZTrent FranksOriginalFeb 6, 2017
R-NEDon BaconFeb 14, 2017
R-VAH. Morgan GriffithFeb 14, 2017
R-TXJeb HensarlingFeb 14, 2017
R-FLMatt GaetzFeb 14, 2017
R-FLBill PoseyFeb 16, 2017
I-AZKyrsten SinemaFeb 16, 2017
R-LARalph Lee AbrahamFeb 16, 2017
R-COScott R. TiptonFeb 21, 2017
R-GATom GravesFeb 21, 2017
R-TXJodey C. ArringtonMar 7, 2017
D-CAJ. Luis CorreaMar 13, 2017
R-NYJohn J. FasoMay 16, 2017
D-COJared PolisJun 6, 2017
R-TXTed PoeJun 13, 2017
R-MOVicky HartzlerJul 12, 2017
R-VABarbara ComstockAug 8, 2017
R-AZPaul A. GosarOct 12, 2017
R-NCMark MeadowsOct 31, 2017
R-ALMo BrooksNov 29, 2017
R-MDAndy HarrisJan 12, 2018
R-CADoug LaMalfaJan 12, 2018
R-PAKeith J. RothfusJan 12, 2018
R-KSKevin YoderJan 12, 2018
R-SCRalph NormanJan 12, 2018
R-GARick W. AllenJan 12, 2018
R-OHSteve ChabotJan 12, 2018
R-TNDavid P. RoeJan 16, 2018
R-KSRoger MarshallJan 16, 2018
R-NYClaudia TenneyFeb 2, 2018
R-PAGlenn ThompsonFeb 2, 2018
R-ARJ. French HillFeb 2, 2018
R-GAJody B. HiceFeb 2, 2018
R-PALou BarlettaFeb 2, 2018
R-IDRaul R. LabradorFeb 2, 2018
R-NCTed BuddFeb 2, 2018
R-VAThomas A. Garrett, Jr.Feb 2, 2018
R-MITim WalbergFeb 2, 2018
R-NYPeter T. KingFeb 5, 2018
R-WVAlexander X. MooneyFeb 6, 2018
R-OHBob GibbsFeb 6, 2018
R-LAClay HigginsFeb 6, 2018
R-WIMike GallagherFeb 6, 2018
R-TXRandy K. Weber, Sr.Feb 6, 2018
R-TNScott DesJarlaisFeb 6, 2018
R-OHJim JordanFeb 7, 2018
R-TXJohn RatcliffeFeb 7, 2018
R-SCMark SanfordFeb 7, 2018
R-LAMike JohnsonFeb 7, 2018
R-IARod BlumFeb 7, 2018
R-PAScott PerryFeb 7, 2018
R-MOBlaine LuetkemeyerFeb 8, 2018
R-COKen BuckFeb 14, 2018
R-ALBradley ByrneFeb 15, 2018
R-GAKaren C. HandelFeb 16, 2018
R-ILMike BostFeb 16, 2018
R-COMike CoffmanFeb 20, 2018
R-KYJames ComerFeb 23, 2018
R-FLVern BuchananFeb 23, 2018
R-NMStevan PearceFeb 27, 2018
R-TNDiane BlackMar 5, 2018
R-WAJaime Herrera BeutlerMar 5, 2018
R-TXJohn Abney CulbersonMay 21, 2018

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEnergy and Commerce Committee
Referred Feb 6, 2017
Health Subcommittee
Referred Feb 10, 2017
HouseJudiciary Committee
Referred Feb 6, 2017
Constitution and Limited Government Subcommittee
Referred Mar 2, 2017
Crime and Federal Government Surveillance Subcommittee
Referred Mar 2, 2017

Actions 5

Everything that happened, newest first.

  1. Mar 2, 2017Referred to the Subcommittee on the Constitution and Civil Justice.
  2. Mar 2, 2017Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
  3. Feb 10, 2017Referred to the Subcommittee on Health.
  4. Feb 6, 2017Introduced in House
  5. Feb 6, 2017Referred 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.

In the Congressional Record 7

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H1647Doug LaMalfa R-CAMar 15, 2018
HouseDebate and remarks H685Brian K. Fitzpatrick R-PAJan 30, 2018
HouseDebate and remarks H9187Vicky Hartzler R-MONov 14, 2017
HouseDebate and remarks H8381–H8383Andy Biggs R-AZ, Brian K. Fitzpatrick R-PA, Lloyd Smucker R-PA, Matt Gaetz R-FL, Paul A. Gosar R-AZNov 1, 2017
HouseDebate and remarks H5482Andy Biggs R-AZJul 12, 2017
Show all 7 days

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I, Section 8

The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 20, February 6, 2017, page H1012.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 115-60EXAMINING PATIENT ACCESS TO INVESTIGATIONAL DRUGS239 pagesEnergy and Commerce CommitteeOct 3, 2017

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 204Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2017Related billMay 30, 2018
HR 2368Right to Try ActRelated billJun 7, 2017

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To authorize the use of unapproved medical products by patients diagnosed with a terminal illness in accordance with State law, and for other purposes.
Short Titles as Introduced
Right to Try Act of 2017

Subjects

Assigned by the Library of Congress. Policy area: Health.

Text 1

Each version as it was printed, newest first.

  1. Feb 6, 2017Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.