H.R. 7383House118th Congress (2023-2025)In Committee

RARE Act

Introduced February 15, 2024

AI-Generated Summary

Updated January 20, 2026 at 2:46 PM UTC

The RARE Act amends the Federal Food, Drug, and Cosmetic Act to tighten the rules on exclusive approval or licensure for orphan drugs. It changes the exclusivity trigger from the broad disease category to the specific approved use or indication of the drug. The changes apply to any drug designated for a rare disease, no matter when it was designated or approved, affecting drug makers and patients who rely on orphan drugs.

Key Provisions

  • Replaces language referring to “same disease or condition” with “same approved use or indication within such rare disease or condition” in the exclusivity provisions of Section 527.
  • Updates related subsections to tie the 7‑year exclusivity period to the same approved use or indication rather than the disease itself.
  • Adds a definition of “approved use or indication” as a use approved under the FD&C Act or licensed under the Public Health Service Act for a rare‑disease drug.
  • Applies these amendments to all orphan‑drug designations regardless of when the drug was designated or approved.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Health.

February 16, 2024

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HouseIntro Referral

Introduced in House

February 15, 2024

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

February 15, 2024

HouseCommittee

Referred to the Subcommittee on Health.

February 16, 2024

Floor Debate

6 members

What members said about H.R. 7383 on the floor

4 Republicans2 Democrats
Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Sep 23, 2024

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of H.R. 3433, the Give Kids a Chance Act, sponsored by Representatives McCaul and Eshoo. This bill…

Michael T. McCaul
Rep. Michael T. McCaulR-TX-10 · Sep 23, 2024

Mr. Speaker, I thank the gentleman from Indiana for yielding. Mr. Speaker, as a founder of the Childhood Cancer Caucus 15 years ago, I have met countless cancer patients and advocates who have asked…

Larry Bucshon
Rep. Larry BucshonR-IN-8 · Sep 23, 2024

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3433) to amend the Federal Food, Drug, and Cosmetic Act with respect to molecularly targeted pediatric cancer investigations, and for…

Gus M. Bilirakis
Rep. Gus M. BilirakisR-FL-12 · Sep 23, 2024

Mr. Speaker, I thank Dr. Bucshon, a great friend of mine who does an outstanding job on our committee, for yielding. Mr. Speaker, I rise in strong support of H.R. 3433, the Give Kids a Chance Act, by…

Anna G. Eshoo
Rep. Anna G. EshooD-CA-16 · Sep 23, 2024

Mr. Speaker, today, the House will vote on my legislation, H.R. 3433, the Give Kids a Chance Act. My thanks to Reps. Michael McCaul (R-TX) and Gus Bilirakis (R-FL), the chairwoman of the Energy and…

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Diana Harshbarger
Rep. Diana HarshbargerR-TN-1 · Sep 23, 2024

Mr. Speaker, I rise today in strong support of H.R. 3433, the Give Kids a Chance Act, which is bipartisan legislation to help speed up the process for getting treatments to children with cancer and…

Bill Text

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Introduced in HouseIssued February 15, 2024

I

118th CONGRESS

2d Session

H. R. 7383

IN THE HOUSE OF REPRESENTATIVES

February 15, 2024

Ms. Matsui (for herself and Mr. Bilirakis) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Federal Food, Drug, and Cosmetic Act 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).