Page 251
139 STAT. 321 PUBLIC LAW 119–21—JULY 4, 2025 (1) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘and (3)’’ and inserting ‘‘through (4)’’; (2) in paragraph (3)(A)— (A) by striking ‘‘only one rare disease or condition’’ and inserting ‘‘one or more rare diseases or conditions’’; and (B) by striking ‘‘such disease or condition’’ and inserting ‘‘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)’’; and (3) by adding at the end the following new paragraph: ‘‘(4) TREATMENT OF FORMER ORPHAN DRUGS.—In the case of a drug or biological product that, as of the date of the approval or licensure of such drug or biological product, is a drug or biological product described in paragraph (3)(A), paragraph (1)(A)(ii) or (1)(B)(ii) (as applicable) shall apply as if the reference to ‘the date of such approval’ or ‘the date of such licensure’, respectively, were instead a reference to ‘the first day after the date of such approval for which such drug is not a drug described in paragraph (3)(A)’ or ‘the first day after the date of such licensure for which such biological product is not a biological product described in paragraph (3)(A)’, respectively.’’. (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. CHAPTER 3—HEALTH TAX Subchapter A—Improving Eligibility Criteria SEC. 71301. PERMITTING PREMIUM TAX CREDIT ONLY FOR CERTAIN INDIVIDUALS. (a) IN GENERAL.—Section 36B(e)(1) is amended by inserting ‘‘or, in the case of aliens who are lawfully present, are not eligible aliens’’ after ‘‘individuals who are not lawfully present’’. (b) ELIGIBLE ALIENS.—Section 36B(e)(2) is amended— (1) by striking ‘‘For purposes of this section, an individual’’ and inserting ‘‘For purposes of this section— ‘‘(A) IN GENERAL.—An individual’’, and (2) by adding at the end the following new subparagraph: ‘‘(B) ELIGIBLE ALIENS.—An individual who is an alien and lawfully present shall be treated as an eligible alien if such individual is, and is reasonably expected to be for the entire period of enrollment for which the credit under this section is being claimed— ‘‘(i) an alien who is lawfully admitted for perma- nent residence under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), ‘‘(ii) an alien who has been granted the status of Cuban and Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96–422); or ‘‘(iii) an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in section 402(b)(2)(G) of the 42 USC 1320f–1 note. Applicability.