[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