Congressional Record, House, June 22, 2022 — H.R. 7666 and H.R. 5585 ARPA–H Act
Summary
Page H5795 of the House section of the Congressional Record for June 22, 2022, marked as a correction, in interleaved columns, from debate on H.R. 7666 and H.R. 5585. A speaker says only about 1 in 10 individuals with opioid use disorder receive medications such as buprenorphine, calling that a glaring systemic failure, and says H.R. 7666 takes a strong step to address it. Bill text establishes the Advanced Research Projects Agency-Health, ARPA-H, as an independent operating division within the Department of Health and Human Services. A vote is recorded with 387 yeas, 32 nays and 10 not voting.
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“Congressional Record, House, June 22, 2022 — H.R. 7666 and H.R. 5585 ARPA–H Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-06-22-crec-2022-06-22-pt1-pgh5795-de04293ee1/
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June 22, 2022 CONGRESSIONAL RECORD — HOUSE CORRECTION H5795
treatment. Despite being recognized as guage. However, enacting this language ‘‘PART J—ADVANCED RESEARCH
the gold standard of care that can cut will be a huge policy change from the PROJECTS AGENCY–HEALTH
the risk of overdose in half, only about status quo. ‘‘SEC. 499A. ADVANCED RESEARCH PROJECTS
AGENCY–HEALTH.
1 in 10 individuals with opioid use dis- Furthermore, States do regulate the
‘‘(a) ESTABLISHMENT.—There is established, as
order received medications like practice of medicine, and each State
an independent operating division within the
buprenorphine to treat their addiction. has unique, individual regulations and Department of Health and Human Services, the
That is a glaring systemic failure. procedures regarding the dispensing Advanced Research Projects Agency–Health (in
H.R. 7666 takes a strong step to ad- and the prescribing of scheduled nar- this part referred to as ‘ARPA–H’). Not later
dress that failure by expanding access cotics. States could use the additional than 180 days after the date of enactment of this
to safe and effective addiction treat- time to update their laws with any part, the Secretary shall transfer all functions,
ment through eliminating the outdated changes they may want now that Fed- personnel, missions, activities, authorities, and
and redundant requirement that eral restrictions will be removed. funds of the Advanced Research Projects Agen-
healthcare providers obtain a special cy for Health within the National Institutes of
This is exactly what Mr. GRIFFITH’s
Health, as in existence on the date of enactment
waiver from the DEA to prescribe amendment does. It sets the implemen- of this part, to ARPA–H established by the pre-
buprenorphine for the treatment of ad- tation date for removing the X waiver ceding sentence.
diction. requirement to take effective on Janu- ‘‘(b) GOALS AND METHODS.—
Despite the lifesaving potential this ary 1, 2024. ‘‘(1) GOALS.—The goals of ARPA–H shall be
legislation can bring, this amendment Madam Speaker, I support this com- to—
raises concerns about the impact the monsense amendment that will ensure ‘‘(A) foster the development of new, break-
MAT Act will have on safety, abuse, through capabilities, technologies, systems, and
that the Mainstreaming Addiction
platforms to accelerate innovations in health
and diversion, and I would take a mo- Treatment Act gets appropriately im- and medicine that are not being met by Federal
ment to directly address these con- plemented. programs or private entities;
cerns. Mr. GRIFFITH. Madam Speaker, I ‘‘(B) revolutionize detection, diagnosis, miti-
Let’s start with the basic facts on yield back the balance of my time. gation, prevention, treatment, and curing of se-
safety. The SPEAKER pro tempore. Pursu- rious diseases and medical conditions through
Unlike heroin and fentanyl that are ant to House Resolution Number 1191, the development of transformative health tech-
causing overdose deaths, the previous question is ordered on the nologies;
buprenorphine is a safe medication ‘‘(C) promote high-risk, high-reward innova-
amendment offered by the gentleman tion for the development and translation of
that is highly effective at protecting from Virginia (Mr. GRIFFITH). transformative health technologies; and
people from overdose. The question is on the amendment. ‘‘(D) contribute to ensuring the United States
Due to its ceiling effect, The question was taken; and the maintains—
buprenorphine does not cause people to Speaker pro tempore announced that ‘‘(i) global leadership in science and innova-
feel high and is unlikely to result in the noes appeared to have it. tion;
substance use disorder or be a cause of Mr. GRIFFITH. Madam Speaker, on ‘‘(ii) the highest quality of life and health for
overdose deaths. its citizens; and
that I demand the yeas and nays. ‘‘(iii) an aggressive agenda for innovations to
With regard to diversion and abuse, The SPEAKER pro tempore. Pursu- address global health threats that place United
the DEA, which is responsible for polic- ant to section 3(s) of House Resolution States citizens at risk.
ing illicit diversion, has specifically 8, the yeas and nays are ordered. ‘‘(2) METHODS.—ARPA–H shall achieve the
looked at this issue and found that the Pursuant to clause 8 of rule XX, fur- goals specified in paragraph (1) by—
primary reason for buprenorphine di- ther proceedings on this question are ‘‘(A) discovering, identifying, and promoting
version is the failure to access legiti- postponed. revolutionary advances in health sciences;
mate treatment, and that increasing, ‘‘(B) translating scientific discoveries into
Pursuant to clause 1(c) of rule XIX, transformative health technologies;
not limiting, buprenorphine treatment further consideration of H.R. 7666 is ‘‘(C) providing resources and support to create
may be an effective response to diver- postponed. platform capabilities that draw on multiple dis-
sion. ciplines;
f
Indeed, as buprenorphine access has ‘‘(D) using researchers in a wide range of dis-
increased over the last 5 years through ADVANCED RESEARCH PROJECTS ciplines, including the life sciences, the physical
legislation passed by this Congress, AGENCY–HEALTH ACT sciences, engineering, and the computational
misuse of the medication has de- sciences;
Mr. PALLONE. Mr. Speaker, pursu- ‘‘(E) delivering advanced proofs of concept
creased.
ant to House Resolution 1191, I call up that demonstrate potentially clinically meaning-
So I would say that it is important
the bill (H.R. 5585) to establish the Ad- ful advances;
for us to be responsible here. We are in ‘‘(F) developing new capabilities, advanced
vanced Research Projects Agency–
the midst of a pandemic, an epidemic computational tools, predictive models, or ana-
Health, and for other purposes, and ask
that is causing great pain, great suf- lytical techniques to identify potential targets
for its immediate consideration in the
fering, great death, every day, every and technological strategies for early disease de-
House. tection and intervention;
week. Every moment we circumvent
The Clerk read the title of the bill. ‘‘(G) accelerating transformational techno-
our responsibilities, someone is paying
The SPEAKER pro tempore (Mr. logical advances in areas with limited technical
the price for that.
CARSON). Pursuant to House Resolution certainty; and
Madam Speaker, I strongly oppose ‘‘(H) prioritizing investments based on such
1191, the amendment in the nature of a
this amendment. considerations as—
substitute recommended by the Com-
Mr. PALLONE. Madam Speaker, I ‘‘(i) scientific opportunity and uniqueness of
mittee on Energy and Commerce print-
yield back the balance of my time. fit to the strategies and operating practices of
Mr. GRIFFITH. Madam Speaker, I ed in the bill is adopted, and the bill, as ARPA–H;
yield 1 minute to the gentlewoman amended, is considered read. ‘‘(ii) the effect on disease burden, including
from Washington (Mrs. RODGERS). The text of the bill, as amended, is as unmet patient need, quality and disparity gaps,
Mrs. RODGERS of Washington. follows: and the potential to preempt progression of seri-
H.R. 5585 ous disease; and
Madam Speaker, I appreciate the gen- ‘‘(iii) the effect on the fiscal liability of the
tleman for yielding. Be it enacted by the Senate and House of Rep-
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Federal Government with respect to health care
Madam Speaker, I rise in support of resentatives of the United States of America in
and the ability to reduce the cost of care
the Griffith amendment which provides Congress assembled,
through innovation.
SECTION 1. SHORT TITLE.
additional time for implementation of ‘‘(c) DIRECTOR.—
the provisions of the Mainstreaming This Act may be cited as the ‘‘Advanced Re- ‘‘(1) IN GENERAL.—The President shall appoint
search Projects Agency–Health Act’’ or the with the advice and consent of the Senate, a di-
Addiction Treatment Act included in ‘‘ARPA–H Act’’. rector of ARPA–H (in this part referred to as the
this bill. SEC. 2. ADVANCED RESEARCH PROJECTS AGEN- ‘Director’).
I supported the inclusion of this lan- CY–HEALTH. ‘‘(2) QUALIFICATIONS.—The Director shall be
guage at committee, as I believe it will Title IV of the Public Health Service Act (42 an individual who, by reason of professional
help increase access to substance use U.S.C. 281 et seq.) is amended by adding at the background and experience, is especially quali-
disorder treatment, the underlying lan- end the following: fied to manage—
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H5796 CONGRESSIONAL RECORD — HOUSE June 22, 2022
‘‘(A) research and advanced development pro- hedge funds, and private equity firms), includ- shall be made publicly available and published
grams; and ing amounts and the percentage of ownership of in a machine-readable format;
‘‘(B) large-scale, high-risk initiatives with re- the awardee provided in return for the invest- ‘‘(B) contracts subject to the Federal Acquisi-
spect to health research and technology devel- ments. tion Regulation;
opment across multiple sectors, including gener- ‘‘(3) Additional financial support that the ‘‘(C) multi-year contracts under section 3903
ating transformative health technologies and awardee— of title 41, United States Code;
improving health outcomes for patients. ‘‘(A) plans to invest or has invested in the ‘‘(D) prizes; and
‘‘(3) RELATIONSHIP TO SECRETARY.—The Direc- technology developed under the award; or ‘‘(E) other transactions.
tor shall report directly to the Secretary. ‘‘(B) is seeking from third parties. ‘‘(2) EXEMPTIONS FOR CERTAIN REQUIRE-
‘‘(4) DUTIES.—The duties of the Director shall ‘‘(4) Revenue from the licensing or sale of new MENTS.—Research funded by ARPA–H shall not
include the following: products or services resulting from research con- be subject to the requirements of section
‘‘(A) Approve and terminate the projects and ducted under the award. 406(a)(3)(A)(ii) or section 492.
programs of ARPA–H. ‘‘(f) SHARING INFORMATION WITH THE CENTERS ‘‘(i) FACILITIES AUTHORITY.—
‘‘(B) Set research and development priorities FOR MEDICARE & MEDICAID SERVICES.—The Di- ‘‘(1) IN GENERAL.—The Director may acquire
with respect to the goals specified in subsection rector shall timely share relevant information (by purchase, lease, condemnation, or other-
(b) and manage the budget of ARPA–H. with the Administrator of the Centers for Medi- wise), construct, improve, repair, operate, and
‘‘(C) Develop funding criteria and assess the care & Medicaid Services that may help to expe- maintain such real and personal property as
success of programs through the establishment dite determinations of coverage of trans- may be necessary to carry out this section.
of technical milestones. formative health technologies developed by ‘‘(2) LEASE OF NONEXCESS PROPERTY.—The Di-
‘‘(D) Advance the goals under subsection (b), ARPA–H. rector may enter into a lease under this section
through consideration of the advice of the ‘‘(g) EXPEDITING BREAKTHROUGHS THROUGH with any person or entity (including another
ARPA–H Interagency Research Council estab- COOPERATION WITH THE FOOD AND DRUG AD- department or agency of the Federal Govern-
lished under subsection (q). MINISTRATION.— ment or an entity of a State or local govern-
‘‘(E) Solicit data, as needed, from the Na- ‘‘(1) IN GENERAL.—The Secretary, acting ment) with regard to any nonexcess real prop-
tional Institutes of Health and other relevant through the Commissioner of Food and Drugs erty and related personal property under the ju-
entities. and in consultation with the Director, may take risdiction of the Director.
‘‘(F) Coordinate with the Director of the Na- actions to facilitate translation of trans- ‘‘(3) UTILIZATION OF LEASE FUNDS.—
tional Institutes of Health to ensure that the formative health technology into tangible solu- ‘‘(A) IN GENERAL.—The Director may utilize,
programs of ARPA–H build on, and are in- tions for patients and to expedite development of without further appropriation, amounts of cash
formed by, scientific research supported by the drugs, devices, and biological products, includ- consideration received for a lease entered into
National Institutes of Health. ing through— under this subsection to cover the full costs to
‘‘(G) Coordinate with the heads of Federal ‘‘(A) helping to ensure that drug, device, or ARPA–H in connection with the lease. Funds
agencies and, to the extent practicable, ensure biological product development programs, in as received as such cash consideration shall remain
that the activities of ARPA–H supplement (and efficient a manner as possible, gather the non- available until expended.
do not supplant) the efforts of other Federal clinical and clinical data necessary to advanc- ‘‘(B) CAPITAL REVITALIZATION AND IMPROVE-
MENTS.—Of any amounts of cash consideration
agencies. ing the development of such products and to ob-
‘‘(H) Ensure ARPA–H does not provide fund- taining their approval, licensure, or clearance, received under this subsection that are not uti-
ing for a project unless the program manager as applicable, by the Food and Drug Adminis- lized in accordance with subparagraph (A),
determines that the project meets the goals de- tration under sections 505, 510(k), and 515 of the without further appropriation—
scribed in subsection (b)(1). ‘‘(i) 35 percent shall—
Federal Food, Drug, and Cosmetic Act and sec- ‘‘(I) be deposited in a capital asset account to
‘‘(5) TERM.—The Director— tion 351 of this Act;
‘‘(A) shall be appointed for a 5-year term; and be established by the Director;
‘‘(B) expediting review of investigational new ‘‘(II) be available for maintenance, capital re-
‘‘(B) may be reappointed for 1 consecutive 5- drug applications under section 505(i) of the
year term. vitalization, and improvements of the real prop-
Federal Food, Drug, and Cosmetic Act, review erty assets and related personal property under
‘‘(6) AUTONOMY OF AGENCY REGARDING REC- of investigational device exemptions under sec-
OMMENDATIONS AND TESTIMONY.—No officer or the jurisdiction of the Director; and
tion 520(g) of such Act, and review of applica- ‘‘(III) remain available until expended; and
agency of the United States shall have any au- tions for approval, licensure, and clearance of ‘‘(ii) the remaining 65 percent shall be avail-
thority to require the Director or any other offi- drugs, devices, or biological products under sec- able to the respective center or facility of
cer of ARPA–H to submit legislative rec- tions 505, 510(k), and 515 of such Act, and sec- ARPA–H engaged in the lease of nonexcess real
ommendations, or testimony or comments on leg- tion 351 of this Act; and property, and shall remain available until ex-
islation, to any officer or agency of the United ‘‘(C) meeting at appropriate intervals with the pended for maintenance, capital revitalization,
States for approval, comments, or review prior to Director and any member of the ARPA–H Inter- and improvements of the real property assets
the submission of such recommendations, testi- agency Research Council to discuss the develop- and related personal property at the respective
mony, or comments to the Congress, if such rec- ment status of drugs, devices, or biological prod- center or facility subject to the concurrence of
ommendations, testimony, or comments to the ucts and projects that are the highest priorities the Director.
Congress include a statement indicating that the to ARPA–H, unless the Director and the Com- ‘‘(C) NO UTILIZATION FOR DAILY OPERATING
views expressed therein are those of the Director missioner of Food and Drugs determine that any COSTS.—Amounts utilized under subparagraph
or such officer, and do not necessarily reflect such meetings are not necessary. (B) may not be utilized for daily operating costs.
the views of the President or another agency. ‘‘(2) RELATION TO OTHERWISE AUTHORIZED AC- ‘‘(4) LOCATIONS.—
‘‘(7) DELEGATION OF AUTHORITY.—The Direc- TIVITIES OF THE FDA.—The authority specified ‘‘(A) IN GENERAL.—ARPA–H, including its
tor may delegate to any duly authorized em- in paragraph (1) shall not be construed as lim- headquarters, shall not be located on any part
ployee, representative, or agent any power vest- iting the authority of the Secretary, acting of the existing National Institutes of Health
ed in the Director by law, except that the Direc- through the Commissioner of Food and Drugs, campuses.
tor may not delegate the power to appoint the with respect to the review and approval, clear- ‘‘(B) CONSIDERATIONS.—In determining the lo-
Deputy Director under paragraph (8). ance, authorization for emergency use, or licen- cation of facilities, the Director shall make a
‘‘(8) DEPUTY DIRECTOR.—The Director shall sure of drugs, devices, or biological products fair and open consideration of—
appoint a deputy director to serve as the first under the Federal Food, Drug, and Cosmetic ‘‘(i) the characteristics of the intended loca-
assistant to the office. Act or section 351 of this Act. tion; and
‘‘(d) APPLICATION OF PAPERWORK REDUCTION ‘‘(3) REIMBURSEMENT.—The Director, using ‘‘(ii) the extent to which such location will fa-
ACT.—The Director may waive the requirements funds made available to ARPA–H, may reim- cilitate advancement of the goals and methods
of subchapter I of chapter 35 of title 44, United burse the Food and Drug Administration for ex- specified in subsection (b).
States Code (commonly referred to as the ‘Pa- penditures made by the Food and Drug Admin- ‘‘(j) PERSONNEL.—
perwork Reduction Act’) with respect to the istration for activities carried out under this sec- ‘‘(1) IN GENERAL.—The Director may—
methods described in subsection (b)(2). tion that have been identified by the Commis- ‘‘(A) make and rescind appointments of sci-
‘‘(e) PROTECTION OF INFORMATION.—The fol- sioner of Food and Drugs and the Director as entific, engineering, medical, and professional
lowing types of information collected by ARPA– being carried out by the Food and Drug Admin- personnel, which may include temporary or
H from recipients of financial assistance awards istration. time-limited appointments as determined by the
shall be considered commercial and financial in- ‘‘(h) AWARDS.— Director to fulfill the mission of ARPA–H, with-
formation obtained from a person and privileged ‘‘(1) IN GENERAL.—In carrying out this sec- out regard to any provision in title 5, United
or confidential and not subject to disclosure tion, the Director may make awards including— States Code, governing appointments and re-
under section 552(b)(4) of title 5, United States ‘‘(A) grants and cooperative agreements, movals under the civil service laws, and fix the
Code: which shall— base pay compensation of such personnel at a
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‘‘(1) Plans for commercialization of tech- ‘‘(i) be subject to the uniform administrative rate to be determined by the Director, up to the
nologies developed under the award, including requirements, cost principles, and audit require- amount of annual compensation (excluding ex-
business plans, technology-to market plans, ments for Federal awards contained in part 200 penses) specified in section 102 of title 3, United
market studies, and cost and performance mod- of title 2, Code of Federal Regulations (or suc- States Code; and
els. cessor regulations); and ‘‘(B) contract with private recruiting firms for
‘‘(2) Investments provided to an awardee from ‘‘(ii) include the total line-item and itemized the hiring of qualified staff referenced in sub-
third parties (such as venture capital firms, indirect facilities and administrative costs that paragraph (A).
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June 22, 2022 CONGRESSIONAL RECORD — HOUSE H5797
‘‘(2) ADDITIONAL STAFF.—The Director may ‘‘(ii) the capabilities of the applicants to suc- ‘‘(B) SUBMISSION OF RESULTS.—The agreement
use, to the same extent and in the same manner cessfully carry out the proposed project; entered into under subparagraph (A) shall re-
as the Secretary, all authorities in existence on ‘‘(iii) the unmet needs or ability to improve quire the National Academies of Sciences, Engi-
the date of the enactment of this section that health outcomes within patient populations; neering, and Medicine to submit the results of
are provided to the Secretary to hire administra- ‘‘(iv) future commercial applications of the the evaluation conducted under such agreement
tive, financial, contracts, legislative affairs, in- project or the feasibility of partnering with one to the Secretary, the Committee on Energy and
formation technology, ethics, and communica- or more commercial entities; Commerce of the House of Representatives, and
tions staff, and such other staff as may be iden- ‘‘(v) the potential for interdisciplinarity of the the Committee on Health, Education, Labor,
tified by the Director as necessary to carry out approach of the project; and and Pensions of the Senate.
this section. ‘‘(vi) such other criteria as established by the ‘‘(m) STRATEGIC PLAN.—Not later than 1 year
‘‘(3) ADDITIONAL CONSIDERATIONS.—In ap- Director; after the date of the enactment of this section,
pointing personnel under this subsection, the ‘‘(G) conduct project reviews within 18 months and every 3 years thereafter, the Director shall
Director— of funding awards to identify milestones and provide to the relevant committees of Congress a
‘‘(A) may contract with private entities; monitor progress of such milestones with respect strategic plan describing how ARPA–H will
‘‘(B) shall make efforts to recruit and retain a to each project and prior to disbursement of new carry out investments each fiscal year in the fol-
diverse workforce, including individuals under- funds; lowing 3-year period.
represented in science and medicine and racial ‘‘(H) provide recommendations to the Director ‘‘(n) INDEPENDENT REVIEW.—Not later than 1
and ethnic minorities (as long as such efforts with respect to advancing the goals specified in year after the date of the enactment of this sec-
comply with applicable Federal civil rights law); subsection (b); tion, and every 3 years thereafter, the Comp-
and ‘‘(I) cultivate opportunities for the commercial troller General of the United States shall con-
‘‘(C) shall recruit program managers with ex- application or community use of successful duct an independent review of the research
pertise in a wide range of relevant disciplines, projects, including through the establishment of portfolio of the Department of Health and
including life sciences, the physical sciences, en- partnerships between or among awardees; Human Services, including ARPA–H, the Na-
gineering, and the computational sciences. ‘‘(J) identify innovative cost-sharing arrange- tional Institutes of Health, the Food and Drug
‘‘(4) ADDITIONAL HIRING AUTHORITY.—To the ments for ARPA–H projects; Administration, and the Biomedical Advanced
extent needed to carry out the authorities vested ‘‘(K) provide recommendations to expand, re- Research and Development Authority—
by paragraph (1), the Director may utilize hir- structure, or terminate research partnerships or ‘‘(1) to assess the degree of unnecessary dupli-
ing authorities under sections 3371 through 3376 projects; and cation of existing Federal programs and
of title 5, United States Code, to staff ARPA–H ‘‘(L) ensure that— projects; and
with employees from other Federal agencies, ‘‘(i) animal studies meet the Federal animal ‘‘(2) to make recommendations regarding any
State and local governments, Indian Tribes and research requirements pursuant of the Public potential reorganization, consolidation, or ter-
Tribal organizations, institutions of higher edu- Health Service Policy on Humane Care and Use mination of such programs and projects.
cation, and other organizations, as described in of Laboratory Animals; and ‘‘(o) PRIORITIZATION.—The Director shall—
such sections. ‘‘(ii) applications apply statistical modeling ‘‘(1) prioritize awarding grants, cooperative
‘‘(5) EXISTING AUTHORITIES.—The authorities approaches and appropriately justify animal agreements, contracts, prizes, and other trans-
granted by this section are— sample sizes to meet project goals. action awards to domestic recipients conducting
‘‘(A) in addition to existing authorities grant- ‘‘(l) REPORTS AND EVALUATION.— the research on transformative health tech-
ed to the Secretary; and ‘‘(1) ANNUAL REPORT.— nology in the United States;
‘‘(B) are not intended to supersede or modify ‘‘(A) IN GENERAL.—Beginning not later than 1 ‘‘(2) as appropriate and practicable, ensure
any existing authorities. year after the date of enactment of this section, that nondomestic recipients of any grants, coop-
‘‘(6) AUTHORITY TO ACCEPT FEDERAL and each fiscal year thereafter, the Director erative agreements, contracts, prizes, and other
DETAILEES.—The Director may accept officers or shall submit a report on the actions undertaken, transactions under this section are conducting
employees of the United States or members of and results generated, by ARPA–H, including— research in collaboration with a domestic recipi-
the uniformed service on a detail from an ele- ‘‘(i) a description of projects supported by ent;
ment of the Federal Government on a reimburs- ARPA–H in the previous fiscal year and wheth- ‘‘(3) not award any grants, cooperative agree-
able or a nonreimbursable basis, as jointly er such projects are meeting the goals developed ments, contracts, prizes, and other transactions
agreed to by the heads of the receiving and de- by the Director pursuant to subsection (c)(4)(C); to nondomestic recipients subject to malign for-
tailing elements, for a period not to exceed 3 ‘‘(ii) a description of projects terminated in eign influence or organized under the laws of a
years. the previous fiscal year, and the reason for such malign foreign country; and
‘‘(k) PROGRAM MANAGERS.— termination; ‘‘(4) in accordance with the requirements of
‘‘(1) IN GENERAL.—The Director shall appoint ‘‘(iii) a description of programs starting in the chapter 33 of title 41, United States Code, and
program managers for 3-year terms (and may re- next fiscal year, as available; the Federal Acquisition Regulation, only award
appoint such program managers for 1 consecu- ‘‘(iv) activities conducted in coordination with grants, cooperative agreements, contracts,
tive 3-year term) for the programs carried out by other Federal agencies; prizes, and other transactions to individual per-
ARPA–H. ‘‘(v) an analysis of the extent of coordination sons that do not have more than 3 ongoing con-
‘‘(2) DUTIES.—A program manager shall— conducted pursuant to subsections (c)(4)(F) and current grants, cooperative agreements, con-
‘‘(A) establish, in consultation with the Direc- (f), including successes and barriers with respect tracts, prizes, and other transactions under this
tor or Deputy Director, research and develop- to achieving the goals under subsection (b); section.
ment goals for programs, including timelines ‘‘(vi) a description of the demographic (in- ‘‘(p) ADDITIONAL CONSULTATION.—In carrying
and milestones, and make such goals available cluding racial and gender) diversity if available out this section, the Director may consult with—
to the public; of direct recipients and performers in funded ‘‘(1) the President’s Council of Advisors on
‘‘(B) collaborate with experts from the Na- projects and of the ARPA–H workforce; and Science and Technology;
tional Institutes of Health and other Federal ‘‘(vii) a disclosure by the reward recipients of ‘‘(2) peers in the scientific community, includ-
agencies and experts in relevant scientific fields whether the principal investigators named on ing academia and industry;
to identify research and development gaps and the award participate in foreign talent pro- ‘‘(3) an existing advisory committee providing
opportunities; grams, including the provision of copies of all advice to the Secretary or the head of any oper-
‘‘(C) convene workshops and meetings, as grants, contracts, or other agreements related to ating or staff division of the Department;
needed, with entities such as patients, patient such programs, and other supporting docu- ‘‘(4) a new interagency research council orga-
advocacy groups, practitioners, professional so- mentation related to such programs, as a condi- nized to support the programs of ARPA–H and
cieties, and other stakeholders to solicit input tion of receipt of Federal extramural biomedical to provide advice and assistance on—
on programs and goals; research funding awarded. ‘‘(A) specific program tasks; or
‘‘(D) manage applications and proposals, ‘‘(B) SUBMISSION TO CONGRESS.—The report ‘‘(B) the overall direction of ARPA–H; and
through the appropriate officials for making under subparagraph (A) shall be submitted to— ‘‘(5) any other entity the Director may deem
grants, cooperative agreements, contracts, ‘‘(i) the Committee on Energy and Commerce appropriate.
prizes, and other transaction awards for ad- and the Committee on Appropriations of the ‘‘(q) ARPA–H INTERAGENCY RESEARCH COUN-
vanced research that may show particular House of Representatives; and CIL.—
promise, especially in areas in which the private ‘‘(ii) the Committee on Health, Education, ‘‘(1) IN GENERAL.—The Director shall establish
sector and the Federal Government have not un- Labor, and Pensions and the Committee on Ap- an interagency advisory committee to be known
dertaken sufficient research; propriations of the Senate. as the ARPA–H Interagency Research Council
‘‘(E) issue funding opportunity announce- ‘‘(2) EVALUATION.— (referred to in this subsection as the ‘Research
ments, using uniform administrative processes, ‘‘(A) IN GENERAL.—Not later than 5 years Council’).
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as appropriate; after the date of the enactment of this section, ‘‘(2) MEMBERSHIP.—The Research Council
‘‘(F) select, on the basis of merit, each of the the Secretary shall enter into an agreement with may include any or all of the following mem-
projects to be supported under a program car- the National Academies of Sciences, Engineer- bers, or designees:
ried out by ARPA–H, and taking into consider- ing, and Medicine under which the National ‘‘(A) The Director of the National Institutes of
ation— Academies agree to study and evaluate whether Health.
‘‘(i) the scientific and technical merit of the ARPA–H is meeting the goals specified in sub- ‘‘(B) The Director of National Center for Ad-
proposed project; section (b). vancing Translational Sciences.
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H5798 CONGRESSIONAL RECORD — HOUSE June 22, 2022
‘‘(C) The Director of Office of Science and the use of competitive procedures (as defined in ber of the Committee on Energy and
Technology Policy. section 152 of title 41, United States Code), not- Commerce or their respective des-
‘‘(D) The Commissioner of Food and Drugs. withstanding the requirements of division C of ignees.
‘‘(E) The Director of the Biomedical Advanced subtitle I of such title 41, if—
Research and Development Authority.
After 1 hour of debate, it shall be in
‘‘(A) competitive procedures were used for the
‘‘(F) The Director of the Centers for Disease selection of parties for participation in the other order to consider the further amend-
Control and Prevention. transaction; and ment printed in part C of House Report
‘‘(G) The Administrator of the Centers for ‘‘(B) the participants in the other transaction 117–381, if offered by the Member des-
Medicare & Medicaid Services. successfully completed the project provided for ignated in the report, which shall be
‘‘(H) The Director of the Agency for in the transaction. considered read, shall be separately de-
Healthcare Research and Quality. ‘‘(3) PRECONDITION.—A follow-on production batable for the time specified in the re-
‘‘(I) The Director of the Office of Minority contract or transaction may be awarded pursu-
Health.
port equally divided and controlled by
ant to this subsection when the Director deter-
‘‘(J) The Administrator of the Health Re- mines that an individual project or subproject as
the proponent and an opponent, and
sources and Services Administration. part of a consortium is successfully completed shall not be subject to a demand for a
‘‘(K) The Director of the Defense Advanced by the participants. division of the question.
Research Projects Agency. ‘‘(4) CLARIFICATION.—Award of a follow-on The gentleman from New Jersey (Mr.
‘‘(L) The Director of the National Science production contract or transaction pursuant to PALLONE), and the gentleman from
Foundation. this subsection shall not be made contingent Kentucky (Mr. GUTHRIE), each will con-
‘‘(M) The Director of the Office of Science of upon the successful completion of all activities trol 30 minutes.
the Department of Energy. within a consortium as a condition for an
‘‘(N) The Director of the Advanced Research
The Chair recognizes the gentleman
award for follow-on production of a successfully
Projects Agency–Energy. from New Jersey (Mr. PALLONE).
completed project or subproject within that con-
‘‘(O) The Assistant Secretary for Preparedness sortium. GENERAL LEAVE
and Response. ‘‘(5) OTHER AUTHORITIES.—Contracts and Mr. PALLONE. Mr. Speaker, I ask
‘‘(P) Representatives of any Federal agency transactions entered into by ARPA–H pursuant unanimous consent that all Members
with subject matter expertise that the Director to this subsection may be awarded pursuant to may have 5 legislative days in which to
determines is necessary for the successful com- division C of subtitle I of title 41, United States revise and extend their remarks and in-
pletion of a project carried out pursuant to this Code, or under such procedures, terms, and con-
section. clude any extraneous material on H.R.
ditions as the Director or head of such agency
‘‘(Q) Any other entity the Director may deem 5585.
may establish by regulation.
appropriate. ‘‘(t) RULE OF CONSTRUCTION.—The authorities The SPEAKER pro tempore. Is there
‘‘(3) DUTIES.—The Research Council shall ad- under this section, with respect to the Director, objection to the request of the gen-
vise the Director, including by— are additional authorities that do not supersede tleman from New Jersey?
‘‘(A) making recommendations on— or modify any existing authorities. There was no objection.
‘‘(i) research priorities that will provide the ‘‘(u) DEFINITIONS.—In this part: Mr. PALLONE. Mr. Speaker, I yield
greatest return on investment with respect to im- ‘‘(1) ADVANCED PROOFS OF CONCEPT.—The myself such time as I may consume.
proving human health; term ‘advanced proofs of concept’ means data, a
‘‘(ii) avoiding duplication of efforts in the
Mr. Speaker, I rise to speak in sup-
prototype, or other experimental evidence that— port of H.R. 5585, the Advance Research
Federal Government; and ‘‘(A) may precede the development of trans-
‘‘(iii) improving coordination with other Fed- formative health technologies; and
Projects Agency–Health Act, or ARPA–
eral agencies; and ‘‘(B) demonstrates the feasibility of a new H Act.
‘‘(B) identifying and developing strategies to concept. In February, the Energy and Com-
address regulatory, reimbursement, and market ‘‘(2) BIOLOGICAL PRODUCT.—The term ‘biologi- merce Committee’s Health Sub-
barriers to commercialization or adoption of cal product’ has the meaning given such term in committee held a hearing to discuss
transformative health technologies, including section 351(i). the Biden administration’s proposal to
technologies intended to preempt serious dis- ‘‘(3) DEPARTMENT.—The term ‘Department’
ease.
establish the Advance Research
means the Department of Health and Human Projects Agency for Health, better
‘‘(4) ADVISORY NATURE.—The function of the Services.
Research Council shall be advisory in nature. ‘‘(4) DRUG; DEVICE.—The terms ‘drug’ and ‘de- known as ARPA–H.
Nothing in this subsection shall be construed as vice’ have the meanings given such terms in sec- The agency is modeled after the De-
granting the Research Council authority over tion 201 of the Federal Food, Drug, and Cos- fense Advanced Research Projects
any activities or functions of ARPA–H. metic Act. Agency, or DARPA. The mission of
‘‘(5) MEETINGS.—Not later than 1 year after ‘‘(5) FEDERAL ACQUISITION REGULATION.—The ARPA–H is to translate fundamental
the date of the enactment of this section, and term ‘Federal Acquisition Regulation’ means the biomedical research into breakthrough
every fiscal year thereafter, the Director shall Federal Acquisition Regulation issued pursuant
convene meetings of the Research Council, in-
platform technologies that would
to section 1303(a)(1) of title 41, United States change healthcare as we know it.
cluding conferences or workshops, as needed. Code.
The Research Council may function through es- ‘‘(6) FEDERAL AGENCY.—The term ‘Federal
ARPA–H would focus on the highest-
tablished or ad hoc committees, task forces, or agency’ has the meaning given such term in sec- risk, highest-reward issues in disease
interagency groups to— tion 3371 of title 5, United States Code. research. It will attempt to solve the
‘‘(A) share information on health innovations ‘‘(7) PRIZE.—The term ‘prize’ means a prize as problems that the private and public
funded by ARPA–H; and such term is used in section 24 of the Stevenson- sectors have not been able to conquer.
‘‘(B) receive input on areas of particular Wydler Technology Innovation Act of 1980. The expectations we have for this agen-
promise for ARPA–H projects. ‘‘(8) TRANSFORMATIVE HEALTH TECHNOLOGY.—
‘‘(r) TECHNOLOGY TRANSFER OFFICE.—The Di- cy are justifiably high.
The term ‘transformative health technology’ Our hope is that within 5 years of op-
rector may establish within ARPA–H an Office means a drug, biological product, intervention,
of Technology Transfer to facilitate, where ap- platform, tool, or device—
erations, ARPA–H will have led to the
propriate, the transfer of federally-owned or ‘‘(A) that should be prioritized to detect, diag- development of cutting-edge treat-
federally-originated technology to recipients of nose, mitigate, prevent, cure, or treat a serious ments and cures for cancer, diabetes,
an award under this section (other than Federal disease or medical condition for which there are autoimmune disorders, and mental
Government entities). unmet needs; and health conditions.
‘‘(s) FOLLOW-ON PRODUCTION AWARD AUTHOR- ‘‘(B) for which— In order to be truly successful, we
ITY.— ‘‘(i) significant scientific uncertainty and reg-
‘‘(1) IN GENERAL.—An other transaction en-
must ensure that all Americans have
ulatory risk exist; or access to these innovations. Equity and
tered into by the Director under subsection ‘‘(ii) incentives in the commercial market are
(h)(1) for a project may provide for the award of unlikely to result in the adequate or timely de-
promoting the health of all Americans
a follow-on production contract or transaction velopment of such drug, biological product, must also be part of ARPA–H’s mis-
to the participants in the transaction by ARPA– intervention, platform, tool, or device. sion.
H or another Federal agency. For purposes of ‘‘(v) AUTHORIZATION OF APPROPRIATIONS.— The fiscal year 2022 omnibus appro-
this paragraph, such an other transaction in- There is authorized to be appropriated priations law provided the Department
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cludes all individual subprojects awarded under $500,000,000 for each of fiscal years 2023 through of Health and Human Services with $1
the transaction to a consortium of United States 2027, to remain available until expended.’’. billion to get ARPA–H off the ground.
industry and academic institutions.
‘‘(2) RELATION TO COMPETITIVE PROCE- The SPEAKER pro tempore. The bill, We must now provide the necessary
DURES.—A follow-on production contract or as amended, shall be debatable for 1 and appropriate authorities to make
transaction under paragraph (1) may be award- hour equally divided and controlled by ARPA–H successful, to clarify its mis-
ed to the participants in the transaction without the Chair and ranking minority mem- sion and its organizational structure,
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June 22, 2022 CONGRESSIONAL RECORD — HOUSE H5799
and ensure that the work at ARPA–H is b 1615 I encourage the passage of this because
not duplicative or redundant. H.R. 5585 We most notably ensure this newly if we don’t pass it, the money is still
does just that. created agency remains separate from going to be spent but without congres-
ARPA–H will be led by a director and the NIH. We limit administration costs sional guardrails.
cadre of program managers with the associated with setting up ARPA–H to Mr. Speaker, I support this bill, and
autonomy and authority to develop maximize research investments, which I reserve the balance of my time.
high-risk, high-reward portfolios. This Mr. PALLONE. Mr. Speaker, I yield 3
would require a strategic plan and
will be coupled with the appropriate minutes to the gentlewoman from Cali-
transparent reporting on projects; de-
contracting, hiring, and procurement fornia (Ms. ESHOO), the Health Sub-
fine the number of offices; and require
authorities that will pull from the best committee chair and the author of this
that the majority of offices within the
minds and resources in the biomedical legislation.
organization be exclusively devoted to Ms. ESHOO. Mr. Speaker, I thank the
research ecosystem. biomedical research and development.
This legislation authorizes $500 mil- chairman of the full committee for his
In order to ensure this agency is fos-
lion annually for 5 fiscal years. ARPA– full support of this legislation from the
tering the development of innovative,
H projects will be time- and milestone- very beginning.
transformative health technologies Mr. Speaker, this has been somewhat
limited, ensuring that each project de- that are not being met by Federal pro-
livers real and measurable results. The of a long journey. It began in March of
grams or private industry, the tech- last year, 2021, when a group of Mem-
ARPA–H Act includes reporting re- nologies the agency should pursue are
quirements to ensure proper compli- bers, bipartisan and bicameral, were in-
very explicitly defined in the legisla- vited to the White House to meet with
ance and avoid the redundancy. The di- tion before us today. President Biden. When we gathered
rector will be required to submit re- The legislation puts guardrails in there, he spoke about his vision for cre-
ports on the actions, results, and forth- place to ensure that priority access is ating ARPA–H, an advanced research
coming strategic plans of ARPA–H to granted to U.S. researchers over re- project for health.
Congress so that we can confirm that searchers abroad. There are additional It is modeled after DARPA, the high-
the agency is meeting our intent. requirements for international re- ly innovative and successful small
So last month, the Committee on En- searchers to work in collaboration with agency that was created many years
ergy and Commerce advanced H.R. 5585 a U.S. counterpart if they receive ago. I think one of its chief assets is its
by an overwhelming bipartisan vote of ARPA–H funding. autonomy, and its successes are ex-
55–3. This was a tremendous achieve- Importantly, the bill makes clear traordinary because of the way it is
ment and demonstrates Congress’ abil- that funding is prohibited from going shaped. They have produced the inter-
ity to come together and find solutions to nondomestic recipients of a malign net, GPS navigation, and Moderna’s
that will improve the health of all foreign country, most notably Chinese mRNA vaccines.
Americans. research labs or Russian research labs. This bill is shaped to maximize the
I thank Health Subcommittee Chair- This is a significant step to ensure the promise of ARPA–H.
woman ESHOO, who is the author of United States’ intellectual property All of us have a relative or someone
this legislation, along with Health Sub- isn’t being stolen by our adversaries in our family, extended family, and our
committee Ranking Member GUTHRIE, and to ensure we remain the world communities that when receiving a di-
our full committee Ranking Member leader in biomedical research and inno- agnosis, it is a death sentence. That is
RODGERS, and also Representatives vation. what the mission of ARPA–H is di-
DeGette and Upton for their work on As the Republican leader on the rected to address. I have full con-
this important bill. Health Subcommittee, I am leading ef- fidence that, the way this legislation is
Mr. Speaker, I strongly urge my col- forts to strengthen oversight of NIH- shaped, it can meet that challenge.
leagues to support H.R. 5585, and I re- funded research. It is unacceptable It will be a place where highly inno-
serve the balance of my time. that some Federal grants have been vative ideas are tested, and if the ap-
Mr. GUTHRIE. Mr. Speaker, I yield supporting foreign researchers with proaches fail because these are high-
myself such time as I may consume. ties to governments of adversarial na- risk undertakings, then the agency will
Mr. Speaker, I rise to speak in sup- tions like China. We must prevent this quickly move on to new ones and redi-
port of the Advanced Research Projects from happening moving forward. rect the money. It will be flat and
Agency-Health Act, or ARPA–H Act. I Mr. Speaker, I emphasize the need to small like DARPA, but it has a mighty
know this has been an important pri- pass this bill. The funding has already mission.
ority for researchers, industry, and, been appropriated in a previous year. If Mr. Speaker, I thank all the members
most importantly, patients who are we don’t pass this bill and don’t au- of the Energy and Commerce Com-
waiting for life-changing medical tech- thorize this agency to move forward, mittee on the majority and the minor-
nology to improve or even save their then this will erode our oversight role ity side. We have really worked hard
lives. in Congress. Funding decisions made together on this to shape something
This legislation will authorize the es- by ARPA–H must require diligence to that is worthy of the American people
tablishment of ARPA–H within the ensure that resources are being spent and has the ability to produce. From
U.S. Department of Health and Human as appropriately and as effectively as the chairman of the full committee to
Services. The agency will specifically possible. the ranking member, Mrs. McMorris
be charged with helping to foster high- The Biden administration ARPA–H Rodgers, to the ranking member of the
risk, high-reward treatments and cures organizational chart, without this bill, subcommittee, Mr. GUTHRIE, ideas kept
for diseases with clinically unmet has 14 offices, less than half of which coming forward. We polished them,
needs. are actually dedicated to research. added them to the legislation, and, in
Some of my colleagues may be con- This gives us insight into how the some instances, dropped other parts of
cerned about a new agency, and that is Biden administration would manage the draft.
where a number of Republicans on the this new agency without congressional Mr. Speaker, I acknowledge the work
Committee on Energy and Commerce guidance. It is just appropriate that of my staffer, Aisling McDonough, who
were early in October when this legis- the legislative branch sets up the way has given her all on this; the staff of
lation was introduced. this money is being spent. the committee; the scientists, because
ARPA–H was funded at $1 billion in That is what the bill before us today well over 100 of them leaned in and
the previous appropriations bill in 2021. does. It puts ARPA–H on the right gave us their ideas and advice on how
To ensure that funding was used for the track, gives Congress the opportunity best to create a small agency that
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best possible result, the Committee on to set high standards, and promotes would be nimble but highly effective;
Energy and Commerce for the past sev- greater biomedical research and inno- and the patient advocates. So many of
eral months has worked hard to ensure vation for patients. them have cheered us on and given us
that ARPA–H has a clear mission. As a Mr. Speaker, I thank the majority their best input, as well.
result, it passed out of committee with for working together. I thank our staff Today is the day. The House is
a strong 55-to-3 vote. for the excellent work they have done. poised. I urge all of my colleagues to
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H5800 CONGRESSIONAL RECORD — HOUSE June 22, 2022
support this because when this mission We had very productive negotiations to age just before us with the mental
is executed, I think even if one deadly properly define ARPA–H’s mission and health package. At every step of the
disease is addressed and cured, we will place strong safeguards for trans- way, I am grateful for their hard work
have succeeded. I think we are going to parency and accountability. and passion.
do better than that. This bill defines ARPA–H’s mission Mr. Speaker, I urge a ‘‘yes’’ vote on
Mr. GUTHRIE. Mr. Speaker, I yield 5 so that it is laser-focused on high-risk H.R. 5585, the Advanced Research
minutes to the gentlewoman from breakthrough technologies in health Projects Agency-Health Act.
Washington (Mrs. RODGERS), who is the and medicine that are not being ad- Mr. PALLONE. Mr. Speaker, I yield 3
Republican leader of the full com- dressed by the private sector or current minutes to the gentlewoman from Col-
mittee. Federal programs. orado (Ms. DEGETTE), the chair of our
Mrs. RODGERS of Washington. Mr. This bill also prohibits Federal fund- Energy and Commerce Oversight and
Speaker, America is the envy of the ing to China, Russia, and other recipi- Investigations Subcommittee who has
world for our leadership in biomedical ents subject to malign foreign influ- also worked on ARPA–H in the very be-
innovation. People from all over the ence. ginning.
world have an incredible amount of It moves the agency back outside of Ms. DEGETTE. Mr. Speaker, I am so
hope in the promise of our lifesaving, NIH. honored to stand here today in support
breakthrough research for more cures We are also making sure ARPA–H of this legislation, which will revolu-
and treatments. sets the right priorities. The director tionize how our Nation researches and
That is why I have been a longtime must provide Congress with a strategic develops new cures and treatments for
supporter of NIH and projects like the plan within 1 year of enactment and some of the world’s most difficult dis-
BRAIN Initiative intended to speed sci- every 3 years on how ARPA–H will eases.
entific research necessary to accelerate carry out projects. Projects will be There is not a person in this room or
cures for neurologic diseases. evaluated every 18 months, and those in this Capitol who hasn’t been im-
When the concept of ARPA–H was not meeting milestones are expected to pacted in some way by a devastating
first proposed to me, I expressed a be terminated. disease—cancer, Alzheimer’s, or some-
healthy dose of skepticism. We placed guardrails on ARPA–H to thing else. These diseases don’t care if
First, I was concerned about a clear prioritize projects that provide the you are a Democrat or a Republican.
and targeted strategic mission. I was greatest return on investment to im- They affect all of us. It needs to be our
concerned an unfocused agenda would prove human health and lower collective mission to cure all of them
not be a recipe for success. healthcare costs. immediately.
The second was the issue of duplica- This bill also keeps the focus on life- The ripple effect that they have on
tion. The Federal Government has sev- saving research. The director will have our communities is immeasurable. The
eral agencies that advance biomedical the power to hire and make appoint- pain and suffering that they cause, not
innovation. Within the National Insti- ments based on merit and expertise, just to those who become ill but to
tutes of Health alone, we already have not based on provisions that reward their families, friends, and loved ones,
the National Center for Advancing government bureaucrats. is irreparable. They place significant
Translational Science, the Cures Accel- We require those who receive ARPA– strain on our public health systems
eration Network, the Common Fund, H funding to provide a public itemized and significant strain on our economy.
and the Foundation for NIH’s Accel- report on indirect facilities and admin- For years, scientists and researchers,
erating Medicines Partnership Pro- istrative costs. both here in the U.S. and around the
gram, to name a few. To further cut down on duplication world, have been searching for ways to
Third, I was concerned that the cre- and mission creep, we limited the num- prevent and treat these devastating ill-
ation of a new agency would lack suffi- ber of offices to 6, not the 14 proposed nesses.
cient transparency and oversight. My by the administration. Of those offices,
at least four must be exclusively fo- b 1630
questions to supporters of ARPA–H in-
cluded: cused on R&D. In addition, not more I see my friend and colleague FRED
How will projects be selected? than 15 percent of the total agency UPTON here on the floor with us today.
How will the public be kept informed funding is allowed to go to administra- Fred and I worked on the 21st Century
of projects and project funding? tive costs. Cures bill in 2016 which has revolution-
Who will be assessing for duplication Mr. Speaker, I will close by thanking ized the way we do a lot of this dis-
of Federal programs, and how will it be my colleagues for working together on covery and development. But what we
managed? this. I especially recognize the leader- need more of now is an all-hands-on-
What measure will be used to define ship of Chairman PALLONE, Health Sub- deck approach to end these illnesses,
success? committee Chairwoman ESHOO, Health and that is exactly why this legislation
What are the guardrails to ensure Subcommittee Republican leader was developed.
that we are supporting American BRETT GUTHRIE, as well as the 21st Cen- As Ms. ESHOO, Mr. PALLONE, and oth-
innovators? tury Cures leaders FRED UPTON and ers said, it will create a new Advanced
These concerns were validated earlier DIANA DEGETTE. Research Projects Agency for Health,
this year when the administration I am pleased we were able to come to- ARPA–H, which will bring together
began implementing the $1 billion that gether. We put ARPA–H on the right some of the world’s greatest minds and
was appropriated to set up ARPA–H path with a targeted mission, increased give them access to the Federal Gov-
with little to no congressional direc- accountability and transparency, and a ernment’s seemingly unlimited re-
tion. The Biden administration pro- laser focus on promoting American sources to make the impossible pos-
posed 14 offices within ARPA–H. innovators. It is a strong example of sible.
DARPA has six to eight. They also E&C’s bipartisan record of success in Mr. Speaker, modeled after the
placed ARPA–H within NIH, which has moving legislation that will continue DARPA program, as you heard, the
its own issues in lacking transparency America’s global leadership in bio- new agency will be lean and it will be
and accountability related to federally medical research. mean. It will be targeted at specifically
funded research and the origins of Mr. Speaker, before I close, I want to researching and finding cures for some
COVID–19. applaud and thank the members of my of the most intractable diseases that
We needed to ensure proper oversight team: Grace Graham, Kristen we have.
and provide guardrails through con- Shatynski, Seth Gold, Kristin Flukey, It is going to be run by a small num-
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gressional direction, so we plowed the and Kristin Ashford. ber of program managers, and it will be
hard ground necessary to legislate They say that Energy and Commerce able to take on the high-risk, high-re-
through the Energy and Commerce has the best staff on the Hill, and that ward projects that others simply can-
Committee. Chairman FRANK PALLONE is certainly evident through their serv- not. It will not substitute for the basic
and Health Subcommittee Chairwoman ice to deliver hope and healing, both research at the NIH or the research at
ANNA ESHOO listened to my concerns. through this bill and through the pack- our great universities or in private
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June 22, 2022 CONGRESSIONAL RECORD — HOUSE H5801
business. It will supplement it by tar- Research Projects entity—that was our We do. We are the Energy and Com-
geting these tough issues, and it will goal—DARPA. It is going to be game- merce Committee, and we are going to
reshape the future of biomedical re- changing, health research. Like find a cure for these diseases. This bill
search in this country for many, many DARPA, this entity is going to be fo- is a step in that direction.
years to come. cused on producing research on things Mr. GUTHRIE. Mr. Speaker, I reserve
As I said, this legislation is an oppor- that, frankly, may be too risky for the the balance of my time.
tunity. It is an opportunity to put our private sector. It is going to move at a Mr. PALLONE. Mr. Speaker, I must
country on track to ending cancer as faster pace than the current structure. say that for many years we had a Con-
we know it. It is an opportunity to save There may be a high failure rate, but gressman Brown on the committee who
millions of lives. If we cure cancer, and its successes are going to have the po- contributed a lot, particularly on
if we save lives and improve the health tential to be absolutely healthcare issues. He chaired the
and well-being of our constituents, groundbreaking, answering the prayers Health Subcommittee. So it is an
isn’t that what we came here for? of millions. honor to hear from Ms. BROWN of Ohio.
Mr. Speaker, I urge everyone to vote It really is a follow-up to what we did We have another Congresswoman
‘‘yes.’’ in this body with the 21st Century BROWN from Ohio.
Mr. GUTHRIE. Mr. Speaker, as the Cures with the UPTON and DEGETTE ef- Mr. Speaker, I yield 3 minutes to the
chair of this committee, Mr. UPTON fort that passed our committee 53–0, gentlewoman from Ohio (Ms. BROWN).
made his signature issue the 21st Cen- then passed here on the House floor Ms. BROWN of Ohio. Mr. Speaker, I
tury Cures, and not just passing that 392–26. thank Chairman PALLONE for yielding,
which has changed people’s lives al- There has been a lot of debate on and I thank Congresswoman ESHOO for
ready but being able to work with Ms. where ARPA–H is going to be housed. her leadership on this bill.
DEGETTE and all the others to say that Should it be in NIH? I applaud President Biden for having
this is something we all need to work Should it be in HHS or someplace the foresight to propose the creation of
on together in a bipartisan way and else? an Advanced Research Projects Agency
Wherever this entity is finally lo- for Health, also known as ARPA–H, an
make a big difference.
cated, we need to make sure that it is agency tasked with driving break-
Now as chair emeritus, this is, I
lean, that it is independent and nimble, throughs in cancer, diabetes, Alz-
think, his signature piece. He may
and that there are the appropriate heimer’s, and other difficult diseases.
have other pieces of legislation, too,
guardrails to keep other agencies from The new science moonshot agency is
but this is the one that I have worked
mission creep and siphoning that fund- modeled on the successes of the De-
on with him in the very beginning in
ing. The legislation that was intro- fense Advanced Research Projects
the Oval Office with the President. We
duced did a very good job of that and I Agency, also known as DARPA. For
worked together to say: Can we do
am pleased to see that these protec- decades DARPA has driven advances in
something big that is really going to
tions were strengthened in the final technologies that have changed our
change the lives of people in this coun-
product that we are going to be voting lives for the better. Yet, there are so
try?
He has done it. He has done it his en- on this afternoon. many things that we take for granted,
My partner in 21st Century Cures, things like the internet and flat-screen
tire career. He is a mentor of mine,
DIANA DEGETTE, and really everybody displays. I am confident the same will
and, unfortunately, at the end of this
on our committee were happy to in- be true for ARPA–H as it seeks to ac-
year he is going to do something dif-
clude language for ARPA–H in our celerate advancements in health and
ferent than being here in Congress. He
Cures 2.0 bill that we introduced more medicine. Thanks to President Biden’s
will be missed for his voice and being a
than a year ago. We thought that it leadership, my colleagues in Congress
champion of this issue.
was a great follow-up to the work that funded ARPA–H in March for the cur-
Mr. Speaker, I am going to yield to
we did to enhance basic research on the rent fiscal year.
him so that he can speak on this bill
first Cures bill which added $45 bil- Yet in order to successfully carry out
for himself. The gentleman certainly
lion—paid for—in additional health re- its mission, ARPA–H needs long-term
has left a legacy here with the previous
search. resources and authorities. That is ex-
legislation and this piece of legislation. Funding for the NIH and the FDA in-
So let’s work together to move it for- actly what this bill does. The ARPA–H
cluded many important things such as
ward. legislation would authorize the agency
the Cancer Moonshot and the Brain
Mr. Speaker, I yield 3 minutes to the for 5 years and create the structure it
Initiative.
gentleman from Michigan (Mr. UPTON). We are still in a pandemic. We have needs to successfully drive break-
Mr. UPTON. Mr. Speaker, I thank my awful diseases that need cures, whether throughs that would otherwise die in
very good friend, and I certainly appre- it be cancer, Alzheimer’s, lupus, or dia- the commercial market.
ciate his kind words. The good news is Yet ARPA–H not only needs long-
betes that strike literally every single
I am not done yet. We have a lot of term funding but also a long-term
family.
work to do, and this is yet one more The SPEAKER pro tempore. The home. ARPA–H’s mission is centered
piece that we are going to be driving time of the gentleman has expired. around high-risk, high-reward re-
forward. But, certainly, I rise in sup- Mr. GUTHRIE. Mr. Speaker, I yield search, which is a charge that Cleve-
port of this legislation, the ARPA–H the gentleman from Michigan an addi- land has historically proven it is pre-
authorization bill. tional 1 minute. pared to lead. With world-class
While I have been a longtime sup- Mr. UPTON. This bill, ARPA–H, can healthcare systems, top-tier institu-
porter of many different versions of provide the breakthroughs necessary to tions of higher education, advanced
this bill, I thank, in particular, Chair- find cures for those diseases. The Presi- biomedical companies, and a highly
man PALLONE, my Republican Leader dent has already signed $1 billion for skilled manufacturing workforce,
RODGERS, certainly ANNA ESHOO—who this program into law. So what we need Cleveland has a long track record of
is my good friend—and BRETT GUTHRIE now is bipartisan authorization to bringing cutting-edge innovations from
for their leadership on working to- complete the work. This bill certainly discovery all the way to production.
gether on language with the goal of accomplishes that goal. This includes groundbreaking medical
really making this issue bipartisan and Mr. Speaker, I urge all of my col- advancements like the first face trans-
one that is going to work. leagues, like we did before, to vote for plant in America as well as the region’s
I am glad that we came together to this bill a little bit later this after- cutting-edge cancer research.
add even more important guardrails to noon. Again, I just want to commend Now, wherever the agency lands, it
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ensure that this bill, ARPA–H, works our great staff. As our leader, Con- will have a meaningful impact on the
as it was intended as well as, hopefully, gresswoman RODGERS, said: We have lives of Americans nationwide for gen-
have a very strong bipartisan vote a the best staff there is. erations to come. Creating ARPA–H
little bit later this afternoon. Is there any objection to that? with 1 year of funding was a good first
This bill is going to establish an enti- Hearing none—sorry, Ways and step, but it is time to put this new
ty not unlike the Defense Advanced Means; sorry appropriators. breakthrough agency on firm footing
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H5802 CONGRESSIONAL RECORD — HOUSE June 22, 2022
and in a firm location so we can truly have spoken and everybody else who is printed in part C of House Report 117–
start to revolutionize how we prevent, working on this together on our staff. 381.
treat, and cure a range of diseases. Mr. Speaker, I think it is important Ms. ESHOO. Mr. Speaker, I have an
Mr. Speaker, I thank Chairman PAL- that we pass this bill. I urge my col- amendment at the desk made in order
LONE again for his leadership, and I leagues to vote for the bill tonight, and under the rule.
urge my colleagues to support the bill. I yield back the balance of my time. The SPEAKER pro tempore. The
Mr. GUTHRIE. Mr. Speaker, I reserve Mr. PALLONE. Mr. Speaker, I yield Clerk will designate the amendment.
the balance of my time. myself the balance of my time to close. The text of the amendment is as fol-
Mr. PALLONE. Mr. Speaker, I yield 3 Mr. Speaker, I just want to say in lows:
minutes to the gentleman from Massa- closing that I think you can feel the
Page 3, line 13, strike ‘‘There is estab-
chusetts (Mr. AUCHINCLOSS), who is also real enthusiasm and the hope that is lished’’ and insert the following:
very much involved in healthcare involved with both the sponsors of this (1) IN GENERAL.—There is established
issues with regard to the pharma- bill and those who spoke on both sides Page 3, after line 23, insert the following:
ceutical industry and so many other of the aisle. (2) ORGANIZATION.—
health issues. We consider ourselves, the Energy (A) IN GENERAL.—There shall be within
Mr. AUCHINCLOSS. Mr. Speaker, I and Commerce Committee, the innova- ARPA–H—
strongly support Chairwoman ESHOO’s tion committee, and I think this is a (i) an Office of the Director;
bill to create an Advanced Research prime example of the type of innova- (ii) not more than 6 program offices; and
Projects Agency. This bill will ensure tion that we see for the future and the (iii) such special project offices as the Di-
hope in ARPA–H. rector may establish.
that ARPA–H can address the limita- (B) PROGRAM OFFICES DEDICATED TO RE-
tions of commercial markets and tack- Mr. Speaker, I would ask for every-
SEARCH AND DEVELOPMENT.—Not fewer than
le high-risk, high-reward biomedical one on a bipartisan basis to vote for
two-thirds of the program offices of ARPA–H
research in oncology, neuroscience, di- this, so we have a strong vote, and I shall be exclusively dedicated to research
abetes, artificial intelligence, mRNA yield back the balance of my time. and development.
and RNA, cell and gene therapy, and so Mr. COLE. Mr. Speaker, I support H.R.
Page 6, line 16, strike ‘‘with the advice and
much more. 5585, the Advanced Research Projects Agen- consent of the Senate,’’.
As the global epicenter of break- cy—Health Act. During my time in Congress, Page 14, strike line 19, and all that follows
through science, Massachusetts is a top I have been a strong supporter of basic med- through page 16, line 6, and insert the fol-
candidate to host the headquarters of ical research, and I recognize the potential lowing:
ARPA–H. Not only are we home to the translational medical research holds when it ‘‘(3) UTILIZATION OF LEASE FUNDS.—The Di-
highest proportion of top-ranked re- builds off this prior research. The discoveries rector shall deposit amounts of cash consid-
made by our scientists at NIH and at NIH- eration received for a lease entered into
search universities in the world, but we under this subsection in the ‘Advanced Re-
funded universities across the nation have the
also have the best and brightest in in- search Projects Agency for Health’ account
potential to transform the delivery of health
dustry, healthcare, and academia. as discretionary offsetting collections, and
We have also invested in infrastruc- care and the prevention, treatment, and ulti-
such amounts shall be available only to the
ture to support the needs of ARPA–H. mately curing of disease. extent and in the amounts provided in ad-
That support for research and its potential to vance in appropriations Acts—
Over the past decade, we have delivered
transform the delivery of health care led me to ‘‘(A) to cover the full costs to ARPA–H in
21.6 million square feet of lab space, in be an initial supporter of ARPA–H. In collabo-
addition to over 100 incubators, accel- connection with the lease;
ration with my colleagues on the Appropria- ‘‘(B) for maintenance, capital revitaliza-
erators, and co-working spaces. tions Committee, we provided ARPA–H with tion, and improvements of the real property
This bill specifically directs ARPA–H
some initial funding in the Fiscal Year 2022 assets and related personal property under
to advance early disease detection, omnibus. the jurisdiction of the Director; and
translational research, and health However, we are appropriators, not author- ‘‘(C) for maintenance, capital revitaliza-
technologies. It realizes President izers, and many of the basic decisions about tion, and improvements of the real property
Biden’s goal of driving breakthroughs the structure and functions of the agency had assets and related personal property at the
in cancer, Alzheimer’s, diabetes, and respective center or facility of ARPA–H en-
to be left unmade and instead be delegated to
infectious disease. From pre-competi- gaged in the lease, subject to the concur-
the Secretary of Health and Human Services. rence of the Director.’’.
tive Alzheimer’s research at the Massa- As I mentioned to him when he came before Page 26, lines 15 through 19, amend para-
chusetts General Hospital to Vertex’s my subcommittee this spring, Congress still graph (3) to read as follows:
work to utilize stem cell therapies to did not know how grants would be made or ‘‘(3) not award any grants, cooperative
treat diabetes, we are aligned with and funded or how ARPA–H would interface with agreements, contracts, prizes, and other
deeply committed to ARPA–H’s goal in NIH. transactions to nondomestic recipients orga-
the Commonwealth. I am pleased that this bill from the House nized under the laws of a covered foreign
I am proud to represent a State that Energy and Commerce Committee answers country (as defined in section 119C of the Na-
is deeply invested in the success of these questions and provides Congress the tional Security Act of 1947); and
ARPA–H. opportunity to shape this agency in line with Page 34, lines 23 and 24, strike ‘‘There is
Mr. Speaker, I urge my colleagues to authorized’’ and insert the following:
our original intent. I am especially pleased that (1) IN GENERAL.—To carry out this section,
support this legislation. the resulting bill is fiscally responsible and will there is authorized
Mr. GUTHRIE. Mr. Speaker, I yield ensure proper oversight of ARPA–H as it im- Page 35, after line 2 (but before the close
myself the balance of my time. plements this new research arm. H.R. 5585 quotation mark and second period) insert the
Mr. Speaker, it is important we are establishes ARPA–H as an independent agen- following:
here today. cy within HHS—separate from NIH—and pro- (2) ADMINISTRATIVE EXPENSES.—Not more
I thank the chair of the other sub- vides its director with independence from NIH. than 15 percent of the amounts made avail-
committee whom I have the privilege It also establishes clear agency goals and able to carry out this section for any fiscal
to work alongside as the Republican mission and provides a framework for coordi- year may be used for administrative ex-
leader. She has been a champion of nation to ensure ARPA–H’s efforts will not du- penses to operate ARPA–H.
ARPA–H as it first came out and at the plicate or cannibalize the research efforts of The SPEAKER pro tempore. Pursu-
first meeting at the White House. We other federal agencies, particularly NIH. Impor- ant to House Resolution 1191, the gen-
have discussed quite a bit about where tantly, it also prohibits awards being made to tlewoman from California (Ms. ESHOO)
it should be and what the guardrails foreign researchers and entities operating at and a Member opposed each will con-
should be. behest of or in concert with our adversaries. trol 5 minutes.
I know the funding got out in front of I urge my colleagues to support this legisla- The Chair recognizes the gentle-
it. We all really wanted Congress to tion. woman from California.
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have a say in how this agency operated The SPEAKER pro tempore. All time
and not the executive branch the way, for debate on the bill has expired. b 1645
unfortunately, getting in front of au- AMENDMENT NO. 1 OFFERED BY MS. ESHOO OF Ms. ESHOO. Mr. Speaker, I yield my-
thorization does. CALIFORNIA self such time as I may consume.
I appreciate the hard work. I appre- The SPEAKER pro tempore. It is now I offer this bipartisan manager’s
ciate the work of the colleagues who in order to consider amendment No. 1 amendment to improve and strengthen
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June 22, 2022 CONGRESSIONAL RECORD — HOUSE H5803
the bill. I thank my Republican col- Mrs. BOEBERT. Mr. Speaker, on that [Roll No. 281]
leagues on the Health Subcommittee, I demand the yeas and nays. YEAS—387
including Ranking Member MCMORRIS The SPEAKER pro tempore. Pursu- Adams Deutch Kelly (PA)
RODGERS, Ranking Member GUTHRIE, ant to section 3(s) of House Resolution Aderholt Diaz-Balart Khanna
and Dr. BURGESS for working closely 8, the yeas and nays are ordered. Aguilar Dingell Kildee
Allen Doggett Kilmer
with me on this bill over the last sev- Pursuant to clause 8 of rule XX, fur- Allred Doyle, Michael Kim (CA)
eral weeks. ther proceedings on this question are Amodei F. Kim (NJ)
This manager’s amendment makes postponed. Armstrong Duncan Kind
sure that the structure of ARPA–H will Arrington Dunn Kinzinger
Pursuant to clause 1(c) of rule XIX, Auchincloss Ellzey Kirkpatrick
help the Agency achieve success. Spe- further consideration of H.R. 5585 is Axne Emmer Krishnamoorthi
cifically, the amendment requires: postponed. Babin Escobar Kuster
First, two-thirds of the ARPA–H pro- Bacon Eshoo Kustoff
gram offices be exclusively dedicated f Baird Espaillat LaHood
Balderson Estes LaMalfa
to research and development; number ANNOUNCEMENT BY THE SPEAKER Barr Evans Lamb
two, not more than 15 percent of the PRO TEMPORE Barragán Feenstra Lamborn
ARPA–H budget to be used on adminis- Bass Ferguson Langevin
trative expenses; and, thirdly, removes The SPEAKER pro tempore. Pro- Beatty Fischbach Larsen (WA)
the requirement of Senate confirma- ceedings will resume on questions pre- Bentz Fitzgerald Larson (CT)
viously postponed. Votes will be taken Bera Fitzpatrick Latta
tion of the ARPA–H director. Bergman Fleischmann LaTurner
I think these are commonsense provi- in the following order: Beyer Fletcher Lawrence
sions that improve the bill and, ulti- The following questions on H.R. 7666: Bice (OK) Flores Lawson (FL)
En bloc amendments No. 1; Bilirakis Foster Lee (CA)
mately, strengthen ARPA–H and its Bishop (GA) Frankel, Lois Lee (NV)
mission; and it is why I urge my col- En bloc amendments No. 2; Blumenauer Franklin, C. Leger Fernandez
leagues to support this amendment. Amendment No. 4 by Mrs. DEMINGS of Blunt Rochester Scott Lesko
Mr. Speaker, I yield back the balance Florida; Bonamici Fulcher Letlow
Amendment No. 6 by Mrs. RODGERS of Bost Gallagher Levin (CA)
of my time. Bourdeaux Gallego Levin (MI)
Mr. GUTHRIE. Mr. Speaker, I claim Washington; Bowman Garamendi Lieu
the time in opposition, even though I Amendment No. 8 by Mr. GRIFFITH of Boyle, Brendan Garbarino Lofgren
am not opposed to the bill. Virginia; F. Garcia (CA) Long
The SPEAKER pro tempore. Without Brady Garcı́a (IL) Lowenthal
Motion to recommit, if offered; Brown (MD) Garcia (TX) Lucas
objection, the gentleman from Ken- Passage of the bill, if ordered; Brown (OH) Gibbs Luetkemeyer
tucky is recognized for 5 minutes. The following questions on H.R. 5585: Brownley Gimenez Luria
There was no objection. Amendment No. 1 by Ms. ESHOO of Buchanan Gohmert Lynch
Mr. GUTHRIE. Mr. Speaker, the California;
Bucshon Golden Mace
Chair of the subcommittee kind of Budd Gomez Malinowski
Motion to recommit, if offered; Burgess Gonzales, Tony Malliotakis
went through what the amendment Bush Gonzalez (OH) Maloney,
Passage of the bill, if ordered; and
says. Another thing that we need to Bustos Gonzalez, Carolyn B.
The motion to suspend the rules and
make sure is reinforced is that the Butterfield Vicente Maloney, Sean
pass H.R. 6538. Calvert Gottheimer Mann
amendment would ensure that agency
The first electronic vote will be con- Cammack Granger Manning
and precious U.S. taxpayer dollars can Carbajal Graves (LA) Matsui
never go to nondomestic recipients or- ducted as a 15-minute vote. Pursuant
Cárdenas Graves (MO) McBath
ganized under the laws of a covered for- to clause 9 of rule XX, remaining elec- Carey Green (TN) McCarthy
eign entity as defined by the National tronic votes will be conducted as 5- Carl Green, Al (TX) McCaul
minute votes. Carson Griffith McClain
Security Act of 1947. This includes Carter (GA) Grijalva McCollum
China, Russia, Iran, and North Korea. f Carter (LA) Grothman McEachin
So I want to make sure we understand Carter (TX) Guest McGovern
that. RESTORING HOPE FOR MENTAL Cartwright Guthrie McHenry
HEALTH AND WELL-BEING ACT Case Harder (CA) McKinley
I said this on the debate on the bill Casten Harris McNerney
that the Chair and I were talking back OF 2022 Castor (FL) Harshbarger Meeks
and forth. And I understood the mis- The SPEAKER pro tempore. Pursu- Castro (TX) Hartzler Meijer
Cawthorn Hayes Meng
sion of what we wanted to accomplish ant to clause 1(c) of rule XIX, further Chabot Hern Meuser
with ARPA–H, but I was concerned consideration of the bill (H.R. 7666) to Cheney Herrell Mfume
about the application of it and how it amend the Public Health Service Act Cherfilus- Herrera Beutler Miller (WV)
would actually be put into place. We to reauthorize certain programs relat- McCormick Higgins (LA) Miller-Meeks
Chu Higgins (NY) Moolenaar
had a lot of discussions based on that. ing to mental health and substance use Cicilline Himes Mooney
This amendment really does define as disorders, and for other purposes will Clark (MA) Hinson Moore (UT)
best as we can define in legislation, now resume. Clarke (NY) Hollingsworth Moore (WI)
without vague terms, what we want The Clerk read the title of the bill. Cleaver Horsford Morelle
ARPA–H to do. This amendment en- Clyburn Houlahan Moulton
AMENDMENTS EN BLOC NO. 1 OFFERED BY MR. Cohen Hoyer Mrvan
sures that 85 percent of the money goes PALLONE OF NEW JERSEY Cole Hudson Mullin
to research and not to administration Comer Huffman Murphy (FL)
The SPEAKER pro tempore. Pursu- Connolly Huizenga Murphy (NC)
and growing an agency. We think that
ant to clause 8 of rule XX, the unfin- Cooper Issa Nadler
this really does narrow and, as we said
ished business is the question on Correa Jackson Napolitano
earlier, put guardrails. This amend- Costa Jackson Lee Neal
amendments en bloc No. 1, printed in
ment is what accomplishes that with Courtney Jacobs (CA) Neguse
part E of House Report 117–381, on Craig Jacobs (NY) Newhouse
the bill. I am for this amendment, and
which further proceedings were post- Crawford Jayapal Newman
I encourage its adoption. Crenshaw Jeffries O’Halleran
Mr. Speaker, I yield back the balance poned and on which the yeas and nays
Crist Johnson (GA) Obernolte
of my time. were ordered. Crow Johnson (LA) Ocasio-Cortez
The SPEAKER pro tempore. Pursu- The Clerk will redesignate the Cuellar Johnson (OH) Omar
ant to the rule, the previous question amendments en bloc. Curtis Johnson (SD) Owens
The Clerk redesignated the amend- Davids (KS) Johnson (TX) Palazzo
is ordered on the bill and the amend- Davis, Danny K. Jones Pallone
ment offered by the gentlewoman from ments en bloc. Davis, Rodney Joyce (OH) Palmer
California (Ms. ESHOO). The SPEAKER pro tempore. The Dean Joyce (PA) Panetta
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question is on the amendments en bloc DeFazio Kahele Pappas
The question is on the amendment DeGette Kaptur Pascrell
offered by the gentlewoman from Cali- offered by the gentleman from New DeLauro Katko Payne
fornia (Ms. ESHOO). Jersey (Mr. PALLONE). DelBene Keating Perlmutter
The question was taken; and the The vote was taken by electronic de- Demings Keller Pfluger
vice, and there were—yeas 387, nays 32, DeSaulnier Kelly (IL) Phillips
Speaker pro tempore announced that DesJarlais Kelly (MS) Pingree
the ayes appeared to have it. not voting 10, as follows:
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