,,ii #aafth ,,congress #ast ,session ,s4 #aefg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ba1 #bjai,ms4 ,mc,sally 7for herself and ,ms4 ,sinema7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to support endemic fungal disease research1 incentivize fungal vaccine development1 discover new antifungal therapies and diagnostics1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,in general ,this ,act may be cited as the ,finding ,orphan-disease ,remedies ,with ,antifungal ,research and ,development ,act of #bjai or the ,,forward ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,continuing support for research on endemic fungal diseases4,sec4 #c4 ,endemic fungal disease ,federal-,state match pilot program4,sec4 #d4 ,,fda guidance for industry on development of diagnostics and antifungal drugs and vaccines for ,valley ,fever4,sec4 #e4 ,priority review2 fast track product4,sec4 #f4 ,priority review vouchers for products for prevention or treatment of endemic fungal diseases4,sec4 #g4 ,establishment of antifungal resistance research program modeled on the ,,carb-,x program4,sec4 #h4 ,blockchain pilot program for hospital data security for endemic fungal disease research4 #b4 ,continuing support for research on endemic fungal diseases ,the ,public ,health ,service ,act is amended by inserting after section #cbj;,a of such ,act 7#db ,u4,s4,c4 #bdg;d-#h7 the following new section3 #cbj;,b4 ,endemic fungal diseases 7a7 ,in general ,the ,secretary shall continue to conduct or support epidemiological1 basic1 translational1 and clinical research related to endemic fungal diseases1 including coccidioidomycosis 7commonly known as and referred to in this section as ,valley ,fever74 7b7 ,reports ,the ,secretary shall ensure that each triennial report under section #djc includes information on actions undertaken by the ,national ,institutes of ,health to carry out subsection 7a7 with respect to endemic fungal diseases1 including ,valley ,fever4 7c7 ,endemic ,fungal ,disease ,working ,group 7#a7 ,establishment ,the ,secretary shall establish a working group1 to be known as the ,endemic ,fungal ,disease ,working ,group 7referred to in this section as the ,working ,group71 comprised of representatives of appropriate ,federal agencies and other non-,federal entities-- 7,a7 to provide expertise and to review all efforts within the ,department of ,health and ,human ,services related to endemic fungal disease2 7,b7 to help ensure interagency coordination and minimize overlap with respect to such disease2 and 7,c7 to examine research priorities with respect to such disease4 7#b7 ,responsibilities ,the ,working ,group shall-- 7,a7 not later than #b years after the date of enactment of the ,,forward ,act of #bjai1 develop or update a summary of-- 7i7 ongoing endemic fungal disease research1 including research related to causes1 prevention1 treatment1 surveillance1 diagnosis1 diagnostics1 duration of illness1 and intervention for individuals with an endemic fungal disease2 7ii7 advances made pursuant to such research2 7iii7 ,federal activities related to endemic fungal disease1 including-- 7,i7 epidemiological activities related to endemic fungal disease2 and 7,,ii7 basic1 clinical1 and translational endemic fungal disease research related to the pathogenesis1 prevention1 diagnosis1 and treatment of endemic fungal disease2 7iv7 gaps in endemic fungal disease research described in clause 7iii77,,ii72 7v7 the ,working ,group's meetings required under paragraph 7#d72 and 7vi7 the comments received by the ,working ,group2 7,b7 make recommendations to the ,secretary regarding any appropriate changes or improvements to such activities and research2 and 7,c7 solicit input from ,states1 localities1 and nongovernmental entities1 including organizations representing patients1 health care providers1 researchers1 and industry regarding scientific advances1 research questions1 and surveillance activities4 7#c7 ,membership ,the members of the ,working ,group shall represent a diversity of scientific disciplines and views and shall be composed of the following members3 7,a7 ,federal members ,seven ,federal members1 consisting of one or more representatives of each of the following3 7i7 ,the ,office of the ,assistant ,secretary for ,health4 7ii7 ,the ,food and ,drug ,administration4 7iii7 ,the ,centers for ,disease ,control and ,prevention4 7iv7 ,the ,national ,institutes of ,health4 7v7 ,such other agencies and offices of the ,department of ,health and ,human ,services as the ,secretary determines appropriate4 7,b7 ,non-,federal public members ,seven non-,federal public members1 consisting of representatives of the following categories3 7i7 ,physicians and other medical providers with experience in diagnosing and treating endemic fungal disease4 7ii7 ,scientists or researchers with expertise4 7iii7 ,patients and their family members4 7iv7 ,nonprofit organizations that advocate for patients with respect to endemic fungal disease4 7v7 ,other individuals whose expertise is determined by the ,secretary to be beneficial to the functioning of the ,working ,group4 7#d7 ,meetings ,the ,working ,group shall meet annually4 7#e7 ,reporting ,not later than #b years after the date of enactment of the ,,forward ,act of #bjai1 and every #b years thereafter until termination of the ,working ,group pursuant to paragraph 7#g71 the ,working ,group shall-- 7,a7 submit a report on its activities under paragraph 7#b77;,a7 and any recommendations under paragraph 7#b77;,b7 to the ,secretary1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7,b7 make such report publicly available on the internet website of the ,department of ,health and ,human ,services4 7#f7 ,applicability of ,,faca ,the ,working ,group shall be treated as an advisory committee subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7#g7 ,sunset ,the ,working ,group under this section shall terminate #e years after the date of enactment of the ,,forward ,act of #bjai4 7d7 ,endemic fungal disease defined ,in this section1 the term endemic fungal disease means blastomycosis1 coccidioidomycosis1 histoplasmosis1 and sparotrichosis4 4 #c4 ,endemic fungal disease ,federal-,state match pilot program 7a7 ,in general 7#a7 ,grants ,for each of fiscal years #bjba through #bjbe1 the ,secretary of ,health and ,human ,services shall1 subject to the availability of appropriations1 award grants through a competitive process to eligible entities to conduct research with respect to endemic fungal diseases1 including coccidioidomycosis4 7#b7 ,peer review ,any research supported under this section shall be subject to peer review in accordance with the requirements applicable to research supported by the ,national ,institutes of ,health under section #dib of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhi;a74 7b7 ,eligibility ,an entity eligible to receive a grant under this section is a ,state or local public hospital1 an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja771 a public health department1 or a nonprofit organization that has been provided funds from ,state or local government sources for epidemiological1 basic1 translational1 and clinical research on endemic fungal diseases4 7c7 ,application ,an entity seeking a grant under this section shall submit an application to the ,secretary-- 7#a7 in such form and manner as the ,secretary shall prescribe2 7#b7 that contains a certification that the entity has received the funds described in subsection 7b7 and that specifies the amount of such funds2 and 7#c7 that contains such other information as the ,secretary may require4 7d7 ,amount of grant ,the amount of a grant under this section shall equal 7to the extent practicable7 the amount of funds received from ,state or local government sources for the research that is the subject of the grant4 7e7 ,endemic fungal disease defined ,in this section1 the term endemic fungal disease means blastomycosis1 coccidioidomycosis1 histoplasmosis1 and sporotrichosis4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #h1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 7g7 ,sunset ,the ,secretary may not award grants under this section on or after ,october #a1 #bjbe4 #d4 ,,fda guidance for industry on development of diagnostics and antifungal drugs and vaccines for ,valley ,fever 7a7 ,draft guidance ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall issue draft guidance for industry for the purposes of assisting entities seeking approval under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq47 or licensure under section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7 of antifungal therapies1 diagnostics1 or vaccines1 specifically therapies1 diagnostics1 and vaccines designed to diagnose1 treat1 or prevent coccidioidomycosis 7commonly known as ,valley ,fever74 7b7 ,final guidance ,not later than #ah months after the close of the public comment period on the draft guidance issued pursuant to subsection 7a71 the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall finalize the draft guidance4 7c7 ,workshops2 good guidance practices ,in developing and issuing the guidance required by this section1 the ,secretary of ,health and ,human ,services shall hold at least #b public workshops4 #e4 ,priority review2 fast track product 7a7 ,priority review 7#a7 ,in general ,section #ebd;,a7a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfjn-#a7;a77 is amended by striking then the ,secretary shall give priority review to the first application submitted for approval for such drug under section #eje7;b7 and inserting or if the drug is a biological product intended to treat blastomycosis1 coccidioidomycosis1 histoplasmosis1 or sporotrichosis1 then the ,secretary shall give priority review to the first application submitted for approval for such drug under section #eje7;b7 of this ,act or section #cea7;a7 of the ,public ,health ,service ,act4 7#b7 ,applicability ,the amendment made by paragraph 7#a7 applies to an application submitted under section #cea7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7;a77 only if such application is submitted on or after the date of enactment of this ,act4 7b7 ,fast track product ,section #ejf7;b77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cef7;b77#a77 is amended by striking or if the ,secretary designates the drug as a qualified infectious disease product under section #eje;,e7d7 and inserting 1 if the ,secretary designates the drug as a qualified infectious disease product under section #eje;,e7d71 or if the drug is a biological product intended to treat blastomycosis1 coccidioidomycosis1 histoplasmosis1 or sporotrichosis4 #f4 ,priority review vouchers for products for prevention or treatment of endemic fungal diseases ,section #ebd7;a77#c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfjn7a77#c77 is amended-- 7#a7 by redesignating subparagraph 7,s7 as subparagraph 7,t72 and 7#b7 by inserting after subparagraph 7,r7 the following3 7,s7 ,blastomycosis1 coccidioidomycosis1 histoplasmosis1 and sporotrichosis4 4 #g4 ,establishment of antifungal resistance research program modeled on the ,,carb-,x program 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,biomedical ,advanced ,research and ,development ,authority1 shall carry out a program1 modeled on the ,combating ,antibiotic ,resistant ,bacteria ,accelerator program of the ,department of ,health and ,human ,services 7commonly referred to as ,,carb-,x71 for research with respect to antifungal resistance1 including therapies1 diagnostics1 and vaccines1 including for coccidioidomycosis4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out subsection 7a7 #aj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 #h4 ,blockchain pilot program for hospital data security for endemic fungal disease research ,part ,a of title ,,iv of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bha et seq47 is amended by adding at the end the following new section3 #djd,o4 ,blockchain pilot program for hospital data security for endemic fungal disease research 7a7 ,in general ,the ,director of ,,nih shall carry out a pilot program to conduct1 support1 and facilitate auditable research on endemic fungal disease4 ,in carrying out such program1 the ,director of ,,nih shall-- 7#a7 award a grant to an eligible entity to install a blockchain on the servers of1 or otherwise provide blockchain services to1 the ,national ,institutes of ,health1 and provide support with respect to such a blockchain1 which shall contain public1 unalterable data which includes every query made through the procedure established under subsection 7c71 as well as the identity of the individual who asked such a question1 without disclosing the results of such queries2 7#b7 award a grant to an eligible entity-- 7,a7 to provide to not less than #c qualified hospitals qualified software2 and 7,b7 to provide customer service to each such hospital with respect to such qualified software or any associated service2 7#c7 provide to such qualified hospitals any necessary hardware in accordance with subsection 7e72 and 7#d7 award grants to eligible entities to test the cybersecurity of such qualified hospitals by attempting to attack simulated data on the servers of such hospitals4 7b7 ,eligible entities2 application ,the ,director of ,,nih shall determine whether an entity is eligible to receive a grant under this section and shall select hospitals to be qualified hospitals for purposes of this section4 ,an entity seeking a grant under this section1 and a hospital seeking to be so selected1 shall submit to the ,director of ,,nih an application in such form and manner and containing such information as the ,director of ,,nih may specify4 7c7 ,data queries ,the ,director of ,,nih shall establish1 for purposes of allowing researchers to process data from a qualified hospital's servers pursuant to this section1 a procedure to determine-- 7#a7 who can ask queries of the servers2 7#b7 which data the hospital must include on such servers2 and 7#c7 which questions may be asked of such servers1 and what form of de-identification of the servers' data is required to ensure privacy4 7d7 ,request for proposals ,not later than #ij days after the date of the enactment of this section1 the ,director of ,,nih shall publish in the ,federal ,register a request for proposals for grants under paragraphs 7#a71 7#b71 and 7#d7 of subsection 7a74 7e7 ,provision of servers 7#a7 ,in general ,the ,director of ,,nih shall1 in carrying out subsection 7a77#c71 provide to qualified hospitals hardware1 including computer servers1 sufficient to support qualified software4 7#b7 ,condition ,as a condition on the receipt of a computer server under paragraph 7#a71 a qualified hospital shall agree not to use the qualified software on the server to store data from patients of the hospital until the ,director of ,,nih determines that testing performed pursuant to subsection 7a77#d7 has determined that simulated data used in such software could not be extracted from the hospital's servers4 7f7 ,definitions ,in this section3 7#a7 ,the term blockchain means software that uses a distributed digital ledger of cryptographically signed transactions that are grouped into blocks1 each of which-- 7,a7 is cryptographically linked to the previous block after validation and undergoing a consensus decision2 and 7,b7 when added as a new block1 makes any older blocks more difficult to modify and is replicated across all copies of the ledger within the relevant network1 with any conflicts in such blocks resolved automatically using established rules4 7#b7 ,the term endemic fungal disease means blastomycosis1 coccidioidomycosis1 histoplasmosis1 and sporotrichosis4 7#c7 ,the term qualified hospital means a hospital that is located in a region in which endemic fungal disease is endemic4 7#d7 ,the term qualified software means software that uses secure multiparty encrypted computing to allow researchers to perform computations on encrypted data supplied by qualified hospitals4 7#e7 ,the term secure multiparty encrypted computing means a form of cryptography in which parties can jointly compute a function of inputs while keeping those inputs private from each other1 and from all other parties1 such as multiparty homomorphic encryption1 threshold encryption1 and secure multiparty computation4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for fiscal year #bjba1 to remain available until expended4 4