[Congressional Record Volume 172, Number 50 (Thursday, March 19, 2026)]
[Senate]
[Page S1406]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4701. Mr. WELCH (for himself, Mr. Wyden, Ms. Cortez Masto, Mr. 
Lujan, and Mr. Van Hollen) submitted an amendment intended to be 
proposed by him to the bill S. 1383, to establish the Veterans Advisory 
Committee on Equal Access, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TREATMENT OF ORPHAN DRUGS UNDER THE MEDICARE DRUG 
                   PRICE NEGOTIATION PROGRAM.

       (a) In General.--Section 1192(e) of the Social Security Act 
     (42 U.S.C. 1320f-1(e)) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``through (4)'' and inserting ``and (3)'';
       (2) in paragraph (3)--
       (A) by striking subparagraph (A);
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively; and
       (C) in subparagraph (A)(iii), as redesignated by 
     subparagraph (B) of this paragraph, by striking ``with 
     respect to'' and inserting ``subject to paragraph (4), with 
     respect to''; and
       (3) by striking paragraph (4) and inserting the following 
     new paragraph:
       ``(4) Treatment of orphan drugs.--In the case of a drug 
     that is designated as a drug for one or more rare diseases or 
     conditions and for which the only approved indication (or 
     indications) is for one or more such rare diseases or 
     conditions (as such term is defined in section 526(a)(2) of 
     the Federal Food, Drug, and Cosmetic Act), paragraph (3)(A) 
     shall be applied by substituting `$400,000,000' for 
     `$200,000,000' in clause (i) of such paragraph.''.
       (b) Application.--The amendments made by subsection (a) 
     shall apply with respect to initial price applicability years 
     (as defined in section 1191(b) of the Social Security Act (42 
     U.S.C. 1320f(b))) beginning on or after January 1, 2028.
                                 ______