; and (E) in subparagraph (E), as so redesignated— (i) in clause (ii), by striking , if issued ; and (ii) in clause (iii), by striking final agency action as defined under subparagraph (2)(A) and inserting the final response to the petitioner ; and (3) in paragraph (4)— (A) by striking Exceptions and all that follows through This subsection does and inserting Exceptions— This subsection does ; (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly. 204. Protecting access to biological products Section 351(k)(7) of the Public Health Service Act ( 42 U.S.C. 262(k)(7) ) is amended by adding at the end the following: (D) Deemed licenses (i) No additional exclusivity through deeming An approved application that is deemed to be a license for a biological product under this section pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 shall not be treated as having been first licensed under subsection (a) for purposes of subparagraphs (A) and (B). (ii) Limitation on exclusivity Subparagraph (C) shall apply to any reference product, without regard to whether— (I) such product was first licensed under subsection (a)