,,ii  #aadth ,,congress  #ast ,session  
,s4 #aijf  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #cj1     
#bjae ,mr4 ,menendez 7for himself and   
,mr4 ,crapo7 introduced the following   
bill2 which was read twice and referred 
to the ,committee on ,finance  ,a ,,bill
  ,to clarify the exclusion of orphan   
drug sales from the calculation of the  
annual fee on branded prescription      
pharmaceutical manufacturers and        
importers1 and for other purposes4  #a4 
,short title  ,this ,act may be cited as
 the ,orphan ,drug ,fairness ,act4  #b4 
,exclusion of orphan drug sales  7a7 ,in
 general ,paragraph 7#c7 of section     
#ijjh7;e7 of the ,patient ,protection   
and ,affordable ,care ,act 7#bf         
,u4,s4,c4 #djja note prec42 ,public ,law
 #aaa-adh7 is amended to read as        
follows3  7#c7 ,exclusion of orphan drug
 sales ,the term branded prescription   
drug sales shall not include sales of   
any drug or biological product with     
respect to which a credit was allowable 

for any taxable year under section      
#de;,c of the ,internal ,revenue ,code  
of #aihf1 regardless of whether such    
credit was claimed and received4 ,the   
preceding sentence shall not apply with 
respect to any such drug or biological  
product after the date on which such    
drug or biological product is approved  
by the ,food and ,drug ,administration  
for marketing for any indication other  
than the treatment of the rare disease  
or condition with respect to which such 
credit was allowable4  4  7b7 ,effective
 date ,the amendment made by subsection 
7a7 shall take effect as if included in 
section #ijjh of the ,patient           
,protection and ,affordable ,care ,act  
7#bf ,u4,s4,c4 #djja note prec42 ,public
 ,law #aaa-adh74