[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3131 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3131
To amend title XI of the Social Security Act to expand and clarify the
exclusion for orphan drugs under the Drug Price Negotiation Program.
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IN THE SENATE OF THE UNITED STATES
October 25, 2023
Mr. Barrasso (for himself and Mr. Carper) introduced the following
bill; which was read twice and referred to the Committee on Finance
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A BILL
To amend title XI of the Social Security Act to expand and clarify the
exclusion for orphan drugs under the Drug Price Negotiation Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Optimizing Research Progress Hope
And New Cures Act'' or the ``ORPHAN Cures Act''.
SEC. 2. EXPANDING AND CLARIFYING THE EXCLUSION FOR ORPHAN DRUGS UNDER
THE DRUG PRICE NEGOTIATION PROGRAM.
Section 1192(e) of the Social Security Act (42 U.S.C. 1320f-1(e))
is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(C) Treatment of former orphan drugs.--In
calculating the amount of time that has elapsed with
respect to the approval of a drug or licensure of a
biological product under subparagraph (A)(ii) and
subparagraph (B)(ii), respectively, the Secretary shall
not taken into account any period during which such
drug or product was a drug described in paragraph
(3)(A).''; and
(2) in paragraph (3)(A)--
(A) by striking ``only one rare disease or
condition'' and inserting ``one or more rare diseases
or conditions''; and
(B) by striking ``such disease or condition'' and
inserting ``one or more rare diseases or conditions (as
such term is defined in section 526(a)(2) of the
Federal Food, Drug, and Cosmetic Act)''.
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