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H.R. 7383 · 118th Congress

RARE Act

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IntroducedPassed one chamberPassed both chambersBecame law (gold)Resolution agreed to (full, dark)Failed or vetoed (gray)

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Never voted on. It didn't reach a floor vote before the 118th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

2 cosponsors · 2 R

1 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.

Retaining Access and Restoring Exclusivity Act or the RARE Act

What it does: CRS summary · Introduced in House · Feb 15, 2024

Retaining Access and Restoring Exclusivity Act or the RARE Act

This bill specifies that the seven-year market exclusivity period for drugs for rare diseases or conditions (i.e., orphan drug exclusivity period) prohibits the approval of the same drug for the same approved use or indication with respect to the disease or condition.

Current law grants a seven-year period of market exclusivity for an approved orphan drug, during which the Food and Drug Administration (FDA) may not approve an application from another manufacturer for the same drug for the same disease or condition. The FDA's regulations provide that this exclusivity is specific to the same approved use or indication of the drug, rather than all uses or indications, for the disease or condition. However, in Catalyst Pharmaceuticals, Inc. v. Becerra, a court held that exclusivity did extend to all uses or indications for the disease or condition.

The bill provides statutory authority for the FDA's regulations.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: RARE Act

Also known as: Retaining Access and Restoring Exclusivity Act

Latest action (Feb 16, 2024): Referred to the Subcommittee on Health.

Policy area: Health · Origin: House · Introduced: Feb 15, 2024

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.