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HR1629: Fairness in Orphan Drug Exclusivity Act (117th Congress)
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HR1629: Fairness in Orphan Drug Exclusivity Act

117th Congress (2021–2023) · House bill · Sponsor: Rep. Dean, Madeleine [D-PA-4]

This page covers HR1629 in the 117th Congress. Bill numbers start over every Congress, so HR1629 in another Congress is a different bill.


Key facts

Item Detail
Roll-call votes 2
Chamber House
Latest vote 2021-05-19: Passed
Latest action 2021-05-20: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Policy area Health
Official record Congress.gov

What the bill does

Fairness in Orphan Drug Exclusivity Act This bill limits which orphan drugs may be granted a market exclusivity period by the Food and Drug Administration (FDA). (Generally, an orphan drug is one that is not economically viable because of the rarity of the disease that it treats. The sponsor of an FDA-designated orphan drug may be granted various incentives, such as a seven-year period in which the FDA may not grant market approval to a different sponsor for the same drug to treat the same disease.) Under this bill, if a drug is designated as an orphan drug on the basis that there is no reasonable expectation that the sponsor will recover the costs of developing and distributing the drug from U. S. sales, the drug shall be granted the seven-year exclusivity period only if the sponsor demonstrates that there is no reasonable expectation that it will recover such costs specifically within its first 12 years of U. S. sales of the drug. This requirement shall also apply retroactively to an orphan drug that was granted such an exclusivity period before this bill's enactment. When deciding whether an orphan drug meets this requirement, the FDA shall consider the sales of all drugs from the sponsor that are covered by the same orphan drug designation.

Subjects: Competition and antitrust, Drug safety, medical device, and laboratory regulation, Licensing and registrations, Marketing and advertising, Prescription drugs


Roll-call votes on HR1629 (117th Congress)

Every recorded vote on this bill, newest first, with a link to the official tally. Member-by-member positions are on each member’s profile.

Date Chamber Question Result Yea Nay Not voting Record
2021-05-19 House Yea-and-Nay Passed 271 15 4 Official tally
2021-05-11 House 2/3 Yea-And-Nay Failed 164 118 8 Official tally

Frequently asked

What is HR1629 in the 117th Congress?

HR1629 (Fairness in Orphan Drug Exclusivity Act) was introduced in the 117th Congress (2021–2023) by Rep. Dean, Madeleine [D-PA-4].

What is the latest action on HR1629?

On 2021-05-20: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

How many roll-call votes were held on HR1629?

2 recorded votes in the 117th Congress. The most recent, on 2021-05-19, was "Yea-and-Nay": Passed.