[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9907 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 9907

    To provide for a comprehensive Federal response to Long COVID, 
including research, education, and support for affected individuals, to 
  direct the National Institutes of Health to establish a Long COVID 
               research program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2024

 Ms. Omar (for herself, Ms. Pressley, Ms. Norton, Mrs. Watson Coleman, 
    Mr. Grijalva, Ms. Tlaib, Mr. Smith of Washington, Ms. Bush, Ms. 
     Jayapal, Ms. Lee of California, Mr. McGovern, Mrs. Hayes, Ms. 
   Velazquez, Mr. Bowman, Mrs. Ramirez, Ms. Moore of Wisconsin, Ms. 
 Lofgren, Mr. Mullin, Mr. Frost, Mr. Robert Garcia of California, Ms. 
   Schakowsky, and Ms. Chu) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
   the Committee on Education and the Workforce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
    To provide for a comprehensive Federal response to Long COVID, 
including research, education, and support for affected individuals, to 
  direct the National Institutes of Health to establish a Long COVID 
               research program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Long COVID Research Moonshot Act''.

                TITLE I--LONG COVID BIOMEDICAL RESEARCH

SEC. 101. ESTABLISHMENT OF LONG COVID RESEARCH PROGRAM.

    Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) 
is amended by adding at the end the following:

                     ``PART K--LONG COVID PROGRAMS

``SEC. 499B. ESTABLISHMENT OF LONG COVID RESEARCH PROGRAM.

    ``(a) In General.--There is established within the Office of the 
Director of the National Institutes of Health a research program, to be 
known as the Long COVID Research Program (referred to in this part as 
the `Program'), for purposes of expediting research to identify new 
ways to prevent, detect, manage, and treat symptoms associated with 
Long COVID.
    ``(b) Director.--
            ``(1) Appointment.--
                    ``(A) In general.--The Program shall be headed by a 
                Director, appointed by the Secretary, in consultation 
                with the Director of NIH, who has--
                            ``(i) experience managing clinical or 
                        research programs focused on pathogenic 
                        mechanisms and biological pathways related to 
                        Long COVID; and
                            ``(ii) demonstrated commitment to 
                        addressing Long COVID and other infection-
                        associated chronic conditions, such as myalgic 
                        encephalomyelitis/chronic fatigue syndrome, 
                        postural orthostatic tachycardia syndrome, and 
                        post-treatment Lyme disease syndrome/persistent 
                        Lyme disease.
                    ``(B) Consultation.--In appointing the Director 
                under subparagraph (A), the Secretary shall consult 
                with independent, patient-led organizations or advocacy 
                groups representing Long COVID patients and their 
                families.
            ``(2) Responsibilities.--The Director of the Program 
        shall--
                    ``(A) act as the primary Federal official with 
                responsibility for coordinating all Long COVID research 
                conducted or supported by the National Institutes of 
                Health;
                    ``(B) represent the National Institutes of Health 
                Long COVID Research Program at all relevant Executive 
                branch task force meetings and committees; and
                    ``(C) maintain communication with all relevant 
                Federal departments and agencies to ensure the timely 
                transmission of information concerning advances in Long 
                COVID research and the clinical treatment of Long COVID 
                and other infection-associated chronic conditions 
                between such departments and agencies, and for 
                dissemination to affected communities and health care 
                providers.
    ``(c) Activities.--The Program shall--
            ``(1) investigate the etiology, pathophysiology, risk 
        factors, and pathology of Long COVID in adults and children;
            ``(2) explore the best ways to prevent, detect, monitor, 
        manage, and treat Long COVID in adults and children;
            ``(3) contribute knowledge to the understanding, 
        prevention, mitigation, management, and treatment of Long 
        COVID;
            ``(4) develop and facilitate programs on Long COVID, within 
        the National Institutes of Health and in other settings;
            ``(5) conduct comparative research to understand the 
        similarities and differences between Long COVID and other 
        infection-associated chronic conditions with similar 
        phenotypes, such as myalgic encephalomyelitis/chronic fatigue 
        syndrome, postural orthostatic tachycardia syndrome, and post-
        treatment Lyme disease syndrome/persistent Lyme disease, and 
        how activities funded by the Program could improve 
        understanding of such other conditions; and
            ``(6) conduct comparative research to understand the 
        similarities and differences between Long COVID and severe, 
        long-term effects from COVID-19 vaccinations.
    ``(d) Duties.--
            ``(1) Interagency coordination of long covid activities.--
        The Director of the Program shall coordinate with the national 
        research institutes and national centers, as appropriate, on 
        Long COVID research. In carrying out this paragraph, the 
        Director of the Program shall evaluate the Long COVID 
        activities of each such institute or center and shall provide 
        for the periodic reevaluation of such activities.
            ``(2) Consultation.--The Director of the Program shall 
        carry out all duties, including the development of the research 
        plan under section 499B-1 in consultation with the heads of the 
        national research institutes and national centers, with the 
        advisory councils of such institutes and centers, and with the 
        Long COVID Research Program Advisory Board established under 
        section 499B-4.
    ``(e) Non-Duplication of Effort.--The Director shall ensure that 
activities carried out under this section do not unnecessarily 
duplicate the efforts of other Federal departments or agencies.

``SEC. 499B-1. LONG COVID RESEARCH PLAN.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Long COVID Research Moonshot Act, the Director of the 
Program established under section 499B shall develop and make public a 
comprehensive research plan for the conduct and support of all Long 
COVID research activities of the national research institutes and 
national centers. The Director of the Program shall update such plan 
annually.
    ``(b) Contents.--The research plan developed under subsection (a) 
shall--
            ``(1) identify current Long COVID research conducted or 
        supported by the national research institutes and national 
        centers, opportunities and needs for additional research, 
        including among patients who face the highest disease burden 
        and pediatric patients, and priorities for such research;
            ``(2) evaluate the progress of Long COVID research against 
        strategic priorities, goals, and objectives, identified in 
        previous versions of the research plan;
            ``(3) make recommendations for the coordination of such 
        research conducted or supported by the National Institutes of 
        Health and other agencies of the Federal Government; and
            ``(4) include goals and objectives of the Program for 
        conducting, supporting, and coordinating Long COVID research.
    ``(c) Requirements.--In developing the research plan under 
subsection (a), the Director of the Program shall--
            ``(1) ensure that the plan establishes priorities among 
        Long COVID research that the Program is authorized to carry 
        out;
            ``(2) ensure that the plan establishes objectives regarding 
        such research and describes the means for achieving the 
        objectives;
            ``(3) ensure that all amounts appropriated for such 
        research under section 499B-6 are expended in accordance with 
        the plan;
            ``(4) review the plan not less frequently than annually, 
        and revise the plan as appropriate to prioritize funding and 
        research relative to scientific urgency;
            ``(5) ensure that the plan serves as a broad, binding 
        statement of policies regarding Long COVID research of the 
        National Institutes of Health, but does not affect the 
        responsibility of any of the national research institutes or 
        centers with respect to the programs or projects of such 
        institutes and centers; and
            ``(6) annually prepare and submit to the Director of NIH 
        for review and transmittal by the Director of NIH to the 
        President and to Congress a budget estimate for carrying out 
        the plan for the upcoming fiscal year.
    ``(d) Consultation.--In developing, implementing, reviewing, and 
prioritizing elements of the research plan under this section, the 
Director of the Program shall consult, as appropriate with--
            ``(1) representatives of other Federal agencies involved in 
        Long COVID research, including the Centers for Disease Control 
        and Prevention, the Agency for Healthcare Research and Quality, 
        and the Administration for Community Living;
            ``(2) the Long COVID Research Advisory Board established 
        under section 499B-4;
            ``(3) the Office of Long COVID Research and Practice of the 
        Department of Health and Human Services;
            ``(4) leading scientific experts on Long COVID; and
            ``(5) independent, patient-led organizations or advocacy 
        groups representing patients with Long COVID and other 
        infection-associated chronic conditions with similar 
        phenotypes, and the families of such patients.
    ``(e) Report.--The Director of the Program shall submit the 
research plan developed under subsection (a), and updates to such plan, 
to--
            ``(1) the Committee on Health, Education, Labor, and 
        Pensions of the Senate;
            ``(2) the Committee on Energy and Commerce of the House of 
        Representatives;
            ``(3) the Secretary;
            ``(4) the Office of Long COVID Research and Practice of the 
        Department of Health and Human Services; and
            ``(5) the Director of NIH, who shall post the plan, and 
        updates to the plan, on the website of the National Institutes 
        of Health.

``SEC. 499B-2. EXPEDITED LONG COVID RESEARCH.

    ``(a) In General.--The Director of NIH shall establish a process to 
expedite the award of grants, contracts, and cooperative agreements for 
research projects conducted or supported by the National Institutes of 
Health and relating to Long COVID.
    ``(b) Requirements for Making External Funding Available.--With 
respect to programs of grants, contracts, and cooperative agreements 
described in subsection (a), the Director of NIH shall--
            ``(1) make publicly available the deadlines for submitting 
        applications for such programs, and ensure that such deadlines 
        provide applicants with sufficient time from the date of the 
        announcement for such grant, contract, and cooperative 
        agreement to submit an application;
            ``(2) ensure that applicants receive a final decision on 
        their applications within 120 days of submission; and
            ``(3) with respect to applications that are denied, provide 
        a written explanation to the applicant on the reasons for the 
        denial.
    ``(c) Evaluation of Grant Applications.--In making a determination 
to award a grant, contract, and cooperative agreement for research 
projects described in subsection (a), the Director of NIH shall--
            ``(1) give priority to research that--
                    ``(A) tests the outcomes of existing drug and 
                device interventions in patients with Long COVID;
                    ``(B) focuses on identifying interventions for 
                pediatric patients with Long COVID;
                    ``(C) aids in the development of new interventions 
                that have evidence to suggest effectiveness in treating 
                or curing Long COVID; or
                    ``(D) includes institutions that represent, or have 
                a successful track record of providing equitable care 
                or services to, historically underserved communities;
            ``(2) consider research that has the ability to begin 
        interventions in a timely manner;
            ``(3) consider research that uses decentralized trials or 
        remote monitoring techniques for data collection; and
            ``(4) consider research that includes patients with other 
        infection-associated chronic conditions with similar 
        phenotypes, such as myalgic encephalomyelitis/chronic fatigue 
        syndrome, postural orthostatic tachycardia syndrome, and post-
        treatment Lyme disease syndrome/persistent Lyme disease.
    ``(d) Reasonable Pricing.--In awarding contracts, grants, and 
cooperative agreements for research projects described in subsection 
(a) that relates to the development of a drug or device for the 
potential treatment or management of Long COVID, or identifying a new 
indication or use specific to the treatment or management of Long COVID 
in a drug or device that is already approved or cleared by the Food and 
Drug Administration, the Director of NIH shall include terms and 
conditions requiring that the price of such a drug or device for 
purposes of procurement by the Federal Government or if sold on the 
commercial market, whether procured from, or sold by, the recipient of 
such Federal award or another person--
            ``(1) is fair and reasonable, taking into account--
                    ``(A) the value of the drug and device to the 
                public health, including the impact of the price on 
                access to the drug or device;
                    ``(B) the costs incurred by the Federal Government 
                in research and development of the drug or device;
                    ``(C) the costs incurred by the recipient of the 
                award in research and development of the drug or 
                device, and the costs of manufacturing such drug or 
                device;
                    ``(D) whether the drug or device provided a 
                significant improvement in health outcomes, compared to 
                other therapies available at the time of its approval 
                or authorization;
                    ``(E) the cumulative expected global revenues 
                generated by the drug or device; and
                    ``(F) other factors, as the Secretary determines 
                appropriate; and
            ``(2) does not exceed the lowest price charged for such 
        drug or device, among Canada, France, Germany, Italy, Japan, 
        and the United Kingdom.
    ``(e) Consultation.--In making a determination to award a grant, 
contract, or cooperative agreement for research projects relating to 
Long COVID, the Director of NIH shall consult with the Long COVID 
Research Advisory Board. Members of the Long COVID Research Advisory 
Board shall provide a recommendation on any final funding decisions. If 
the Director of NIH makes a decision that is different than the 
recommendation, the Director of NIH shall provide a written 
justification for the decision within 5 days.

``SEC. 499B-3. SCIENTIFIC REVIEW GROUP.

    ``(a) In General.--In order to ensure high quality, rigorous 
scientific review of applications for grants, contracts, and 
cooperative agreements described in section 499B-2(a), consistent with 
section 492, the Director of NIH shall establish a scientific review 
group on Long COVID and other infection-associated chronic conditions, 
and shall convene a group of leading scientific experts to serve on 
such group, for terms of up to 5 years.
    ``(b) Duties.--The scientific research group shall conduct an 
initial review of applications for grants, contracts, and other 
cooperative agreements described in section 499B-2(a), and submit a 
funding recommendation to the Director of NIH for final determination.

``SEC. 499B-4. LONG COVID RESEARCH PROGRAM ADVISORY BOARD.

    ``(a) In General.--The Director of NIH shall establish the Long 
COVID Research Program Advisory Board (referred to in this section as 
the `Advisory Board').
    ``(b) Membership.--
            ``(1) In general.--The Advisory Board shall be comprised of 
        18 members, including appointed members and nonvoting ex 
        officio members, as follows:
                    ``(A) The Secretary shall conduct a nomination 
                process that allows for public input on nominees. The 
                Secretary shall appoint nominated individuals, giving 
                particular consideration to individuals from 
                backgrounds that represent the diversity of the Long 
                COVID population, with an emphasis on patients who face 
                the highest disease burden. Individuals so appointed 
                shall include the following:
                            ``(i) 10 members who are scientists, 
                        physicians, and other health care 
                        professionals, who are not officers or 
                        employees of the Federal Government, and who 
                        have primary expertise in Long COVID and other 
                        infection-associated chronic conditions, with 
                        consideration given to such individuals with 
                        expertise in pediatric populations.
                            ``(ii) 5 members who live with Long COVID.
                            ``(iii) 1 member who is a caregiver to an 
                        individual with Long COVID.
                            ``(iv) 2 members who are employed by the 
                        National Institutes of Health and have 
                        expertise in Long COVID research.
                    ``(B) The following shall be ex officio members of 
                the Advisory Board:
                            ``(i) A representative of the Long COVID 
                        Research Program established under section 499.
                            ``(ii) A representative of the National