S. 3716

119 S3716 IS: Retaining Access and Restoring Exclusivity Act
 U.S. Senate
 2026-01-28
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 3716  IN THE SENATE OF THE UNITED STATES   January 28, 2026   Ms. Baldwin  introduced the following bill; which was read twice and referred to the  Committee on Health, Education, Labor, and Pensions    A BILL
To set forth limitations on exclusive approval or licensure of drugs designated for rare diseases or conditions.
1.
Short title
This Act may be cited as the   Retaining Access and Restoring Exclusivity Act   or the   RARE Act  .
2.
Limitations on exclusive approval or licensure of orphan drugs
(a)
In general
Section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ) is amended—
(1)
in subsection (a), in the matter following paragraph (2), by striking  same disease or condition  and inserting  same approved use or indication within such rare disease or condition ;
(2)
in subsection (b)—
(A)
in the matter preceding paragraph (1), by striking  same rare disease or condition  and inserting  same approved use or indication for which such 7-year period applies to such already approved or licensed drug ; and
(B)
in paragraph (1), by inserting  , relating to the approved use or indication,  after  the needs ;
(3)
in subsection (c)(1), by striking  same rare disease or condition as the already approved drug  and inserting  same use or indication for which the already approved or licensed drug was approved or licensed ; and
(4)
by adding at the end the following:
(f)
Approved use or indication defined
In this section, the term  approved use or indication  means the use or indication approved under section 505 of this Act or licensed under section 351 of the Public Health Service Act for a drug designated under section 526 for a rare disease or condition.
 .
(b)
Application of amendments
The amendments made by subsection (a) shall apply with respect to any drug designated under section 526 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bb ), regardless of the date on which the drug was so designated, and regardless of the date on which the drug was approved under section 505 of such Act ( 21 U.S.C. 355 ) or licensed under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ).