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Advanced Research Projects Agency–Health Act

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This is House Report 117-365, Part 1, of the 117th Congress, 2d Session, titled Advanced Research Projects Agency–Health Act, from the Committee on Energy and Commerce, committed to the Committee of the Whole House on the State of the Union and ordered to be printed June 13, 2022. Mr. Pallone reports on H.R. 5585, to establish the Advanced Research Projects Agency–Health, which the Committee reports favorably with an amendment and recommends that the bill as amended do pass. The amendment text provides for establishing ARPA–H as an independent operating division within the Department of Health and Human Services and lists its goals and methods. It also provides that the President shall appoint a director of ARPA–H with the advice and consent of the Senate.

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Crpt Crpt 117Hrpt365 Crpt 117Hrpt365 Pt1
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Crpt Crpt 117Hrpt365 Crpt 117Hrpt365 Pt1

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“Advanced Research Projects Agency–Health Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt365-crpt-117hrpt365-pt1/, SHA-256 ddfe46d76247648dabf0ec6aa7bbfe74041656a1584e0c7839d361e247998dad.

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                                      117TH CONGRESS                                                                                   REPT. 117–365
                                                     " HOUSE OF REPRESENTATIVES                                                    !
                                         2d Session                                                                                       Part 1




                                           ADVANCED RESEARCH PROJECTS AGENCY–HEALTH ACT



                                           JUNE 13, 2022.—Committed to the Committee of the Whole House on the State of
                                                              the Union and ordered to be printed




                                             Mr. PALLONE, from the Committee on Energy and Commerce,
                                                              submitted the following


                                                                                   R E P O R T
                                                                                [To accompany H.R. 5585]

                                        The Committee on Energy and Commerce, to whom was referred
                                      the bill (H.R. 5585) to establish the Advanced Research Projects
                                      Agency–Health, and for other purposes, having considered the
                                      same, reports favorably thereon with an amendment and rec-
                                      ommends that the bill as amended do pass.
                                                                                          CONTENTS
                                                                                                                                                           Page
                                          I. Purpose and Summary ..................................................................................          9
                                         II. Background and Need for the Legislation ...................................................                     9
                                       III. Committee Hearings ......................................................................................       11
                                        IV. Committee Consideration ..............................................................................          11
                                         V. Committee Votes ............................................................................................    11
                                        VI. Oversight Findings ........................................................................................     13
                                       VII. New Budget Authority, Entitlement Authority, and Tax Expenditures                                               13
                                      VIII. Federal Mandates Statement .......................................................................              13
                                        IX. Statement of General Performance Goals and Objectives ..........................                                13
                                         X. Duplication of Federal Programs ..................................................................              13
                                        XI. Committee Cost Estimate .............................................................................           13
                                       XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ..................                                  13
                                      XIII. Advisory Committee Statement ....................................................................               14
                                      XIV. Applicability to Legislative Branch ..............................................................               14
                                       XV. Section-by-Section Analysis of the Legislation ............................................                      14
                                      XVI. Changes in Existing Law Made by the Bill, as Reported ...........................                                15

                                            The amendment is as follows:
                                            Strike all after the enacting clause and insert the following:
                                      SECTION 1. SHORT TITLE.
                                        This Act may be cited as the ‘‘Advanced Research Projects Agency–Health Act’’
                                      or the ‘‘ARPA–H Act’’.


                                             29–006




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                                      SEC. 2. ADVANCED RESEARCH PROJECTS AGENCY–HEALTH.
                                        Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by
                                      adding at the end the following:

                                           ‘‘PART J—ADVANCED RESEARCH PROJECTS AGENCY–
                                                              HEALTH
                                      ‘‘SEC. 499A. ADVANCED RESEARCH PROJECTS AGENCY–HEALTH.
                                         ‘‘(a) ESTABLISHMENT.—There is established, as an independent operating division
                                      within the Department of Health and Human Services, the Advanced Research
                                      Projects Agency–Health (in this part referred to as ‘ARPA–H’). Not later than 180
                                      days after the date of enactment of this part, the Secretary shall transfer all func-
                                      tions, personnel, missions, activities, authorities, and funds of the Advanced Re-
                                      search Projects Agency for Health within the National Institutes of Health, as in
                                      existence on the date of enactment of this part, to ARPA–H established by the pre-
                                      ceding sentence.
                                         ‘‘(b) GOALS AND METHODS.—
                                               ‘‘(1) GOALS.—The goals of ARPA–H shall be to—
                                                     ‘‘(A) foster the development of new, breakthrough capabilities, tech-
                                                  nologies, systems, and platforms to accelerate innovations in health and
                                                  medicine that are not being met by Federal programs or private entities;
                                                     ‘‘(B) revolutionize detection, diagnosis, mitigation, prevention, treatment,
                                                  and curing of serious diseases and medical conditions through the develop-
                                                  ment of transformative health technologies;
                                                     ‘‘(C) promote high-risk, high-reward innovation for the development and
                                                  translation of transformative health technologies; and
                                                     ‘‘(D) contribute to ensuring the United States maintains—
                                                           ‘‘(i) global leadership in science and innovation;
                                                           ‘‘(ii) the highest quality of life and health for its citizens; and
                                                           ‘‘(iii) an aggressive agenda for innovations to address global health
                                                        threats that place United States citizens at risk.
                                               ‘‘(2) METHODS.—ARPA–H shall achieve the goals specified in paragraph (1)
                                             by—
                                                     ‘‘(A) discovering, identifying, and promoting revolutionary advances in
                                                  health sciences;
                                                     ‘‘(B) translating scientific discoveries into transformative health tech-
                                                  nologies;
                                                     ‘‘(C) providing resources and support to create platform capabilities that
                                                  draw on multiple disciplines;
                                                     ‘‘(D) using researchers in a wide range of disciplines, including the life
                                                  sciences, the physical sciences, engineering, and the computational sciences;
                                                     ‘‘(E) delivering advanced proofs of concept that demonstrate potentially
                                                  clinically meaningful advances;
                                                     ‘‘(F) developing new capabilities, advanced computational tools, predictive
                                                  models, or analytical techniques to identify potential targets and techno-
                                                  logical strategies for early disease detection and intervention;
                                                     ‘‘(G) accelerating transformational technological advances in areas with
                                                  limited technical certainty; and
                                                     ‘‘(H) prioritizing investments based on such considerations as—
                                                           ‘‘(i) scientific opportunity and uniqueness of fit to the strategies and
                                                        operating practices of ARPA–H;
                                                           ‘‘(ii) the effect on disease burden, including unmet patient need, qual-
                                                        ity and disparity gaps, and the potential to preempt progression of seri-
                                                        ous disease; and
                                                           ‘‘(iii) the effect on the fiscal liability of the Federal Government with
                                                        respect to health care and the ability to reduce the cost of care through
                                                        innovation.
                                         ‘‘(c) DIRECTOR.—
                                               ‘‘(1) IN GENERAL.—The President shall appoint with the advice and consent
                                             of the Senate, a director of ARPA–H (in this part referred to as the ‘Director’).
                                               ‘‘(2) QUALIFICATIONS.—The Director shall be an individual who, by reason of
                                             professional background and experience, is especially qualified to manage—
                                                     ‘‘(A) research and advanced development programs; and
                                                     ‘‘(B) large-scale, high-risk initiatives with respect to health research and
                                                  technology development across multiple sectors, including generating trans-
                                                  formative health technologies and improving health outcomes for patients.
                                               ‘‘(3) RELATIONSHIP TO SECRETARY.—The Director shall report directly to the
                                             Secretary.




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                                               ‘‘(4) DUTIES.—The duties of the Director shall include the following:
                                                     ‘‘(A) Approve and terminate the projects and programs of ARPA–H.
                                                     ‘‘(B) Set research and development priorities with respect to the goals
                                                  specified in subsection (b) and manage the budget of ARPA–H.
                                                     ‘‘(C) Develop funding criteria and assess the success of programs through
                                                  the establishment of technical milestones.
                                                     ‘‘(D) Advance the goals under subsection (b), through consideration of the
                                                  advice of the ARPA–H Interagency Research Council established under sub-
                                                  section (q).
                                                     ‘‘(E) Solicit data, as needed, from the National Institutes of Health and
                                                  other relevant entities.
                                                     ‘‘(F) Coordinate with the Director of the National Institutes of Health to
                                                  ensure that the programs of ARPA–H build on, and are informed by, sci-
                                                  entific research supported by the National Institutes of Health.
                                                     ‘‘(G) Coordinate with the heads of Federal agencies and, to the extent
                                                  practicable, ensure that the activities of ARPA–H supplement (and do not
                                                  supplant) the efforts of other Federal agencies.
                                                     ‘‘(H) Ensure ARPA–H does not provide funding for a project unless the
                                                  program manager determines that the project meets the goals described in
                                                  subsection (b)(1).
                                               ‘‘(5) TERM.—The Director—
                                                     ‘‘(A) shall be appointed for a 5-year term; and
                                                     ‘‘(B) may be reappointed for 1 consecutive 5-year term.
                                               ‘‘(6) AUTONOMY OF AGENCY REGARDING RECOMMENDATIONS AND TESTIMONY.—
                                            No officer or agency of the United States shall have any authority to require
                                            the Director or any other officer of ARPA–H to submit legislative recommenda-
                                            tions, or testimony or comments on legislation, to any officer or agency of the
                                            United States for approval, comments, or review prior to the submission of such
                                            recommendations, testimony, or comments to the Congress, if such rec-
                                            ommendations, testimony, or comments to the Congress include a statement in-
                                            dicating that the views expressed therein are those of the Director or such offi-
                                            cer, and do not necessarily reflect the views of the President or another agency.
                                               ‘‘(7) DELEGATION OF AUTHORITY.—The Director may delegate to any duly au-
                                            thorized employee, representative, or agent any power vested in the Director by
                                            law, except that the Director may not delegate the power to appoint the Deputy
                                            Director under paragraph (8).
                                               ‘‘(8) DEPUTY DIRECTOR.—The Director shall appoint a deputy director to serve
                                            as the first assistant to the office.
                                        ‘‘(d) APPLICATION OF PAPERWORK REDUCTION ACT.—The Director may waive the
                                      requirements of subchapter I of chapter 35 of title 44, United States Code (com-
                                      monly referred to as the ‘Paperwork Reduction Act’) with respect to the methods de-
                                      scribed in subsection (b)(2).
                                        ‘‘(e) PROTECTION OF INFORMATION.—The following types of information collected by
                                      ARPA–H from recipients of financial assistance awards shall be considered commer-
                                      cial and financial information obtained from a person and privileged or confidential
                                      and not subject to disclosure under section 552(b)(4) of title 5, United States Code:
                                               ‘‘(1) Plans for commercialization of technologies developed under the award,
                                            including business plans, technology-to market plans, market studies, and cost
                                            and performance models.
                                               ‘‘(2) Investments provided to an awardee from third parties (such as venture
                                            capital firms, hedge funds, and private equity firms), including amounts and the
                                            percentage of ownership of the awardee provided in return for the investments.
                                               ‘‘(3) Additional financial support that the awardee—
                                                     ‘‘(A) plans to invest or has invested in the technology developed under the
                                                  award; or
                                                     ‘‘(B) is seeking from third parties.
                                               ‘‘(4) Revenue from the licensing or sale of new products or services resulting
                                            from research conducted under the award.
                                        ‘‘(f) SHARING INFORMATION WITH THE CENTERS FOR MEDICARE & MEDICAID SERV-
                                      ICES.—The Director shall timely share relevant information with the Administrator
                                      of the Centers for Medicare & Medicaid Services that may help to expedite deter-
                                      minations of coverage of transformative health technologies developed by ARPA–H.
                                        ‘‘(g) EXPEDITING BREAKTHROUGHS THROUGH COOPERATION WITH THE FOOD AND
                                      DRUG ADMINISTRATION.—
                                               ‘‘(1) IN GENERAL.—The Secretary, acting through the Commissioner of Food
                                            and Drugs and in consultation with the Director, may take actions to facilitate
                                            translation of transformative health technology into tangible solutions for pa-
                                            tients and to expedite development of drugs, devices, and biological products, in-
                                            cluding through—




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                                                        ‘‘(A) helping to ensure that drug, device, or biological product develop-
                                                     ment programs, in as efficient a manner as possible, gather the nonclinical
                                                     and clinical data necessary to advancing the development of such products
                                                     and to obtaining their approval, licensure, or clearance, as applicable, by
                                                     the Food and Drug Administration under sections 505, 510(k), and 515 of
                                                     the Federal Food, Drug, and Cosmetic Act and section 351 of this Act;
                                                        ‘‘(B) expediting review of investigational new drug applications under sec-
                                                     tion 505(i) of the Federal Food, Drug, and Cosmetic Act, review of investiga-
                                                     tional device exemptions under section 520(g) of such Act, and review of ap-
                                                     plications for approval, licensure, and clearance of drugs, devices, or biologi-
                                                     cal products under sections 505, 510(k), and 515 of such Act, and section
                                                     351 of this Act; and
                                                        ‘‘(C) meeting at appropriate intervals with the Director and any member
                                                     of the ARPA–H Interagency Research Council to discuss the development
                                                     status of drugs, devices, or biological products and projects that are the
                                                     highest priorities to ARPA–H, unless the Director and the Commissioner of
                                                     Food and Drugs determine that any such meetings are not necessary.
                                                  ‘‘(2) RELATION TO OTHERWISE AUTHORIZED ACTIVITIES OF THE FDA.—The au-
                                               thority specified in paragraph (1) shall not be construed as limiting the author-
                                               ity of the Secretary, acting through the Commissioner of Food and Drugs, with
                                               respect to the review and approval, clearance, authorization for emergency use,
                                               or licensure of drugs, devices, or biological products under the Federal Food,
                                               Drug, and Cosmetic Act or section 351 of this Act.
                                                  ‘‘(3) REIMBURSEMENT.—The Director, using funds made available to ARPA–H,
                                               may reimburse the Food and Drug Administration for expenditures made by the
                                               Food and Drug Administration for activities carried out under this section that
                                               have been identified by the Commissioner of Food and Drugs and the Director
                                               as being carried out by the Food and Drug Administration.
                                           ‘‘(h) AWARDS.—
                                                  ‘‘(1) IN GENERAL.—In carrying out this section, the Director may make awards
                                               including—
                                                        ‘‘(A) grants and cooperative agreements, which shall—
                                                              ‘‘(i) be subject to the uniform administrative requirements, cost prin-
                                                           ciples, and audit requirements for Federal awards contained in part
                                                           200 of title 2, Code of Federal Regulations (or successor regulations);
                                                           and
                                                              ‘‘(ii) include the total line-item and itemized indirect facilities and ad-
                                                           ministrative costs that shall be made publicly available and published
                                                           in a machine-readable format;
                                                        ‘‘(B) contracts subject to the Federal Acquisition Regulation;
                                                        ‘‘(C) multi-year contracts under section 3903 of title 41, United States
                                                     Code;
                                                        ‘‘(D) prizes; and
                                                        ‘‘(E) other transactions.
                                                  ‘‘(2) EXEMPTIONS FOR CERTAIN REQUIREMENTS.—Research funded by ARPA–H
                                               shall not be subject to the requirements of section 406(a)(3)(A)(ii) or section 492.
                                           ‘‘(i) FACILITIES AUTHORITY.—
                                                  ‘‘(1) IN GENERAL.—The Director may acquire (by purchase, lease, condemna-
                                               tion, or otherwise), construct, improve, repair, operate, and maintain such real
                                               and personal property as may be necessary to carry out this section.
                                                  ‘‘(2) LEASE OF NONEXCESS PROPERTY.—The Director may enter into a lease
                                               under this section with any person or entity (including another department or
                                               agency of the Federal Government or an entity of a State or local government)
                                               with regard to any nonexcess real property and related personal property under
                                               the jurisdiction of the Director.
                                                  ‘‘(3) UTILIZATION OF LEASE FUNDS.—
                                                        ‘‘(A) IN GENERAL.—The Director may utilize, without further appropria-
                                                     tion, amounts of cash consideration received for a lease entered into under
                                                     this subsection to cover the full costs to ARPA–H in connection with the
                                                     lease. Funds received as such cash consideration shall remain available
                                                     until expended.
                                                        ‘‘(B) CAPITAL REVITALIZATION AND IMPROVEMENTS.—Of any amounts of
                                                     cash consideration received under this subsection that are not utilized in
                                                     accordance with subparagraph (A), without further appropriation—
                                                              ‘‘(i) 35 percent shall—
                                                                     ‘‘(I) be deposited in a capital asset account to be established by
                                                                  the Director;




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                                                                     ‘‘(II) be available for maintenance, capital revitalization, and im-
                                                                  provements of the real property assets and related personal prop-
                                                                  erty under the jurisdiction of the Director; and
                                                                     ‘‘(III) remain available until expended; and
                                                              ‘‘(ii) the remaining 65 percent shall be available to the respective cen-
                                                           ter or facility of ARPA–H engaged in the lease of nonexcess real prop-
                                                           erty, and shall remain available until expended for maintenance, cap-
                                                           ital revitalization, and improvements of the real property assets and re-
                                                           lated personal property at the respective center or facility subject to the
                                                           concurrence of the Director.
                                                        ‘‘(C) NO UTILIZATION FOR DAILY OPERATING COSTS.—Amounts utilized
                                                     under subparagraph (B) may not be utilized for daily operating costs.
                                                  ‘‘(4) LOCATIONS.—
                                                        ‘‘(A) IN GENERAL.—ARPA–H, including its headquarters, shall not be lo-
                                                     cated on any part of the existing National Institutes of Health campuses.
                                                        ‘‘(B) CONSIDERATIONS.—In determining the location of facilities, the Direc-
                                                     tor shall make a fair and open consideration of—
                                                              ‘‘(i) the characteristics of the intended location; and
                                                              ‘‘(ii) the extent to which such location will facilitate advancement of
                                                           the goals and methods specified in subsection (b).
                                           ‘‘(j) PERSONNEL.—
                                                  ‘‘(1) IN GENERAL.—The Director may—
                                                        ‘‘(A) make and rescind appointments of scientific, engineering, medical,
                                                     and professional personnel, which may include temporary or time-limited
                                                     appointments as determined by the Director to fulfill the mission of ARPA–
                                                     H, without regard to any provision in title 5, United States Code, governing
                                                     appointments and removals under the civil service laws, and fix the base
                                                     pay compensation of such personnel at a rate to be determined by the Di-
                                                     rector, up to the amount of annual compensation (excluding expenses) spec-
                                                     ified in section 102 of title 3, United States Code; and
                                                        ‘‘(B) contract with private recruiting firms for the hiring of qualified staff
                                                     referenced in subparagraph (A).
                                                  ‘‘(2) ADDITIONAL STAFF.—The Director may use, to the same extent and in the
                                               same manner as the Secretary, all authorities in existence on the date of the
                                               enactment of this section that are provided to the Secretary to hire administra-
                                               tive, financial, contracts, legislative affairs, information technology, ethics, and
                                               communications staff, and such other staff as may be identified by the Director
                                               as necessary to carry out this section.
                                                  ‘‘(3) ADDITIONAL CONSIDERATIONS.—In appointing personnel under this sub-
                                               section, the Director—
                                                        ‘‘(A) may contract with private entities;
                                                        ‘‘(B) shall make efforts to recruit and retain a diverse workforce, includ-
                                                     ing individuals underrepresented in science and medicine and racial and
                                                     ethnic minorities (as long as such efforts comply with applicable Federal
                                                     civil rights law); and
                                                        ‘‘(C) shall recruit program managers with expertise in a wide range of rel-
                                                     evant disciplines, including life sciences, the physical sciences, engineering,
                                                     and the computational sciences.
                                                  ‘‘(4) ADDITIONAL HIRING AUTHORITY.—To the extent needed to carry out the
                                               authorities vested by paragraph (1), the Director may utilize hiring authorities
                                               under sections 3371 through 3376 of title 5, United States Code, to staff ARPA–
                                               H with employees from other Federal agencies, State and local governments, In-
                                               dian Tribes and Tribal organizations, institutions of higher education, and other
                                               organizations, as described in such sections.
                                                  ‘‘(5) EXISTING AUTHORITIES.—The authorities granted by this section are—
                                                        ‘‘(A) in addition to existing authorities granted to the Secretary; and
                                                        ‘‘(B) are not intended to supersede or modify any existing authorities.
                                                  ‘‘(6) AUTHORITY TO ACCEPT FEDERAL DETAILEES.—The Director may accept offi-
                                               cers or employees of the United States or members of the uniformed service on
                                               a detail from an element of the Federal Government on a reimbursable or a
                                               nonreimbursable basis, as jointly agreed to by the heads of the receiving and
                                               detailing elements, for a period not to exceed 3 years.
                                           ‘‘(k) PROGRAM MANAGERS.—
                                                  ‘‘(1) IN GENERAL.—The Director shall appoint program managers for 3-year
                                               terms (and may reappoint such program managers for 1 consecutive 3-year
                                               term) for the programs carried out by ARPA–H.
                                                  ‘‘(2) DUTIES.—A program manager shall—




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                                                       ‘‘(A) establish, in consultation with the Director or Deputy Director, re-
                                                    search and development goals for programs, including timelines and mile-
                                                    stones, and make such goals available to the public;
                                                       ‘‘(B) collaborate with experts from the National Institutes of Health and
                                                    other Federal agencies and experts in relevant scientific fields to identify
                                                    research and development gaps and opportunities;
                                                       ‘‘(C) convene workshops and meetings, as needed, with entities such as
                                                    patients, patient advocacy groups, practitioners, professional societies, and
                                                    other stakeholders to solicit input on programs and goals;
                                                       ‘‘(D) manage applications and proposals, through the appropriate officials
                                                    for making grants, cooperative agreements, contracts, prizes, and other
                                                    transaction awards for advanced research that may show particular prom-
                                                    ise, especially in areas in which the private sector and the Federal Govern-
                                                    ment have not undertaken sufficient research;
                                                       ‘‘(E) issue funding opportunity announcements, using uniform administra-
                                                    tive processes, as appropriate;
                                                       ‘‘(F) select, on the basis of merit, each of the projects to be supported
                                                    under a program carried out by ARPA–H, and taking into consideration—
                                                              ‘‘(i) the scientific and technical merit of the proposed project;
                                                              ‘‘(ii) the capabilities of the applicants to successfully carry out the
                                                           proposed project;
                                                              ‘‘(iii) the unmet needs or ability to improve health outcomes within
                                                           patient populations;
                                                              ‘‘(iv) future commercial applications of the project or the feasibility of
                                                           partnering with one or more commercial entities;
                                                              ‘‘(v) the potential for interdisciplinarity of the approach of the project;
                                                           and
                                                              ‘‘(vi) such other criteria as established by the Director;
                                                       ‘‘(G) conduct project reviews within 18 months of funding awards to iden-
                                                    tify milestones and monitor progress of such milestones with respect to
                                                    each project and prior to disbursement of new funds;
                                                       ‘‘(H) provide recommendations to the Director with respect to advancing
                                                    the goals specified in subsection (b);
                                                       ‘‘(I) cultivate opportunities for the commercial application or community
                                                    use of successful projects, including through the establishment of partner-
                                                    ships between or among awardees;
                                                       ‘‘(J) identify innovative cost-sharing arrangements for ARPA–H projects;
                                                       ‘‘(K) provide recommendations to expand, restructure, or terminate re-
                                                    search partnerships or projects; and
                                                       ‘‘(L) ensure that—
                                                              ‘‘(i) animal studies meet the Federal animal research requirements
                                                           pursuant of the Public Health Service Policy on Humane Care and Use
                                                           of Laboratory Animals; and
                                                              ‘‘(ii) applications apply statistical modeling approaches and appro-
                                                           priately justify animal sample sizes to meet project goals.
                                           ‘‘(l) REPORTS AND EVALUATION.—
                                                 ‘‘(1) ANNUAL REPORT.—
                                                       ‘‘(A) IN GENERAL.—Beginning not later than 1 year after the date of en-
                                                    actment of this section, and each fiscal year thereafter, the Director shall
                                                    submit a report on the actions undertaken, and results generated, by
                                                    ARPA–H, including—
                                                              ‘‘(i) a description of projects supported by ARPA–H in the previous
                                                           fiscal year and whether such projects are meeting the goals developed
                                                           by the Director pursuant to subsection (c)(4)(C);
                                                              ‘‘(ii) a description of projects terminated in the previous fiscal year,
                                                           and the reason for such termination;
                                                              ‘‘(iii) a description of programs starting in the next fiscal year, as
                                                           available;
                                                              ‘‘(iv) activities conducted in coordination with other Federal agencies;
                                                              ‘‘(v) an analysis of the extent of coordination conducted pursuant to
                                                           subsections (c)(4)(F) and (f), including successes and barriers with re-
                                                           spect to achieving the goals under subsection (b);
                                                              ‘‘(vi) a description of the demographic (including racial and gender)
                                                           diversity if available of direct recipients and performers in funded
                                                           projects and of the ARPA–H workforce; and
                                                              ‘‘(vii) a disclosure by the reward recipients of whether the principal
                                                           investigators named on the award participate in foreign talent pro-
                                                           grams, including the provision of copies of all grants, contracts, or other
                                                           agreements related to such programs, and other supporting documenta-




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                                                       tion related to such programs, as a condition of receipt of Federal extra-
                                                       mural biomedical research funding awarded.
                                                    ‘‘(B) SUBMISSION TO CONGRESS.—The report under subparagraph (A) shall
                                                 be submitted to—
                                                          ‘‘(i) the Committee on Energy and Commerce and the Committee on
                                                       Appropriations of the House of Representatives; and
                                                          ‘‘(ii) the Committee on Health, Education, Labor, and Pensions and
                                                       the Committee on Appropriations of the Senate.
                                              ‘‘(2) EVALUATION.—
                                                    ‘‘(A) IN GENERAL.—Not later than 5 years after the date of the enactment
                                                 of this section, the Secretary shall enter into an agreement with the Na-
                                                 tional Academies of Sciences, Engineering, and Medicine under which the
                                                 National Academies agree to study and evaluate whether ARPA–H is meet-
                                                 ing the goals specified in subsection (b).
                                                    ‘‘(B) SUBMISSION OF RESULTS.—The agreement entered into under sub-
                                                 paragraph (A) shall require the National Academies of Sciences, Engineer-
                                                 ing, and Medicine to submit the results of the evaluation conducted under
                                                 such agreement to the Secretary, the Committee on Energy and Commerce
                                                 of the House of Representatives, and the Committee on Health, Education,
                                                 Labor, and Pensions of the Senate.
                                        ‘‘(m) STRATEGIC PLAN.—Not later than 1 year after the date of the enactment of
                                      this section, and every 3 years thereafter, the Director shall provide to the relevant
                                      committees of Congress a strategic plan describing how ARPA–H will carry out in-
                                      vestments each fiscal year in the following 3-year period.
                                        ‘‘(n) INDEPENDENT REVIEW.—Not later than 1 year after the date of the enactment
                                      of this section, and every 3 years thereafter, the Comptroller General of the United
                                      States shall conduct an independent review of the research portfolio of the Depart-
                                      ment of Health and Human Services, including ARPA–H, the National Institutes of
                                      Health, the Food and Drug Administration, and the Biomedical Advanced Research
                                      and Development Authority—
                                              ‘‘(1) to assess the degree of unnecessary duplication of existing Federal pro-
                                            grams and projects; and
                                              ‘‘(2) to make recommendations regarding any potential reorganization, con-
                                            solidation, or termination of such programs and projects.
                                        ‘‘(o) PRIORITIZATION.—The Director shall—
                                              ‘‘(1) prioritize awarding grants, cooperative agreements, contracts, prizes, and
                                            other transaction awards to domestic recipients conducting the research on
                                            transformative health technology in the United States;
                                              ‘‘(2) as appropriate and practicable, ensure that nondomestic recipients of any
                                            grants, cooperative agreements, contracts, prizes, and other transactions under
                                            this section are conducting research in collaboration with a domestic recipient;
                                              ‘‘(3) not award any grants, cooperative agreements, contracts, prizes, and
                                            other transactions to nondomestic recipients subject to malign foreign influence
                                            or organized under the laws of a malign foreign country; and
                                              ‘‘(4) in accordance with the requirements of chapter 33 of title 41, United
                                            States Code, and the Federal Acquisition Regulation, only award grants, cooper-
                                            ative agreements, contracts, prizes, and other transactions to individual persons
                                            that do not have more than 3 ongoing concurrent grants, cooperative agree-
                                            ments, contracts, prizes, and other transactions under this section.
                                        ‘‘(p) ADDITIONAL CONSULTATION.—In carrying out this section, the Director may
                                      consult with—
                                              ‘‘(1) the President’s Council of Advisors on Science and Technology;
                                              ‘‘(2) peers in the scientific community, including academia and industry;
                                              ‘‘(3) an existing advisory committee providing advice to the Secretary or the
                                            head of any operating or staff division of the Department;
                                              ‘‘(4) a new interagency research council organized to support the programs of
                                            ARPA–H and to provide advice and assistance on—
                                                    ‘‘(A) specific program tasks; or
                                                    ‘‘(B) the overall direction of ARPA–H; and
                                              ‘‘(5) any other entity the Director may deem appropriate.
                                        ‘‘(q) ARPA–H INTERAGENCY RESEARCH COUNCIL.—
                                              ‘‘(1) IN GENERAL.—The Director shall establish an interagency advisory com-
                                            mittee to be known as the ARPA–H Interagency Research Council (referred to
                                            in this subsection as the ‘Research Council’).
                                              ‘‘(2) MEMBERSHIP.—The Research Council may include any or all of the fol-
                                            lowing members, or designees:
                                                    ‘‘(A) The Director of the National Institutes of Health.
                                                    ‘‘(B) The Director of National Center for Advancing Translational
                                                 Sciences.




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                                                     ‘‘(C) The Director of Office of Science and Technology Policy.
                                                     ‘‘(D) The Commissioner of Food and Drugs.
                                                     ‘‘(E) The Director of the Biomedical Advanced Research and Development
                                                  Authority.
                                                     ‘‘(F) The Director of the Centers for Disease Control and Prevention.
                                                     ‘‘(G) The Administrator of the Centers for Medicare & Medicaid Services.
                                                     ‘‘(H) The Director of the Agency for Healthcare Research and Quality.
                                                     ‘‘(I) The Director of the Office of Minority Health.
                                                     ‘‘(J) The Administrator of the Health Resources and Services Administra-
                                                  tion.
                                                     ‘‘(K) The Director of the Defense Advanced Research Projects Agency.
                                                     ‘‘(L) The Director of the National Science Foundation.
                                                     ‘‘(M) The Director of the Office of Science of the Department of Energy.
                                                     ‘‘(N) The Director of the Advanced Research Projects Agency–Energy.
                                                     ‘‘(O) The Assistant Secretary for Preparedness and Response.
                                                     ‘‘(P) Representatives of any Federal agency with subject matter expertise
                                                  that the Director determines is necessary for the successful completion of
                                                  a project carried out pursuant to this section.
                                                     ‘‘(Q) Any other entity the Director may deem appropriate.
                                               ‘‘(3) DUTIES.—The Research Council shall advise the Director, including by—
                                                     ‘‘(A) making recommendations on—
                                                           ‘‘(i) research priorities that will provide the greatest return on invest-
                                                         ment with respect to improving human health;
                                                           ‘‘(ii) avoiding duplication of efforts in the Federal Government; and
                                                           ‘‘(iii) improving coordination with other Federal agencies; and
                                                     ‘‘(B) identifying and developing strategies to address regulatory, reim-
                                                  bursement, and market barriers to commercialization or adoption of trans-
                                                  formative health technologies, including technologies intended to preempt
                                                  serious disease.
                                               ‘‘(4) ADVISORY NATURE.—The function of the Research Council shall be advi-
                                            sory in nature. Nothing in this subsection shall be construed as granting the
                                            Research Council authority over any activities or functions of ARPA–H.
                                               ‘‘(5) MEETINGS.—Not later than 1 year after the date of the enactment of this
                                            section, and every fiscal year thereafter, the Director shall convene meetings of
                                            the Research Council, including conferences or workshops, as needed. The Re-
                                            search Council may function through established or ad hoc committees, task
                                            forces, or interagency groups to—
                                                     ‘‘(A) share information on health innovations funded by ARPA–H; and
                                                     ‘‘(B) receive input on areas of particular promise for ARPA–H projects.
                                        ‘‘(r) TECHNOLOGY TRANSFER OFFICE.—The Director may establish within ARPA–
                                      H an Office of Technology Transfer to facilitate, where appropriate, the transfer of
                                      federally-owned or federally-originated technology to recipients of an award under
                                      this section (other than Federal Government entities).
                                        ‘‘(s) FOLLOW-ON PRODUCTION AWARD AUTHORITY.—
                                               ‘‘(1) IN GENERAL.—An other transaction entered into by the Director under
                                            subsection (h)(1) for a project may provide for the award of a follow-on produc-
                                            tion contract or transaction to the participants in the transaction by ARPA–H
                                            or another Federal agency. For purposes of this paragraph, such an other trans-
                                            action includes all individual subprojects awarded under the transaction to a
                                            consortium of United States industry and academic institutions.
                                               ‘‘(2) RELATION TO COMPETITIVE PROCEDURES.—A follow-on production contract
                                            or transaction under paragraph (1) may be awarded to the participants in the
                                            transaction without the use of competitive procedures (as defined in section 152
                                            of title 41, United States Code), notwithstanding the requirements of division
                                            C of subtitle I of such title 41, if—
                                                     ‘‘(A) competitive procedures were used for the selection of parties for par-
                                                  ticipation in the other transaction; and
                                                     ‘‘(B) the participants in the other transaction successfully completed the
                                                  project provided for in the transaction.
                                               ‘‘(3) PRECONDITION.—A follow-on production contract or transaction may be
                                            awarded pursuant to this subsection when the Director determines that an indi-
                                            vidual project or subproject as part of a consortium is successfully completed by
                                            the participants.
                                               ‘‘(4) CLARIFICATION.—Award of a follow-on production contract or transaction
                                            pursuant to this subsection shall not be made contingent upon the successful
                                            completion of all activities within a consortium as a condition for an award for
                                            follow-on production of a successfully completed project or subproject within
                                            that consortium.




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                                               ‘‘(5) OTHER AUTHORITIES.—Contracts and transactions entered into by ARPA–
                                            H pursuant to this subsection may be awarded pursuant to division C of sub-
                                            title I of title 41, United States Code, or under such procedures, terms, and con-
                                            ditions as the Director or head of such agency may establish by regulation.
                                        ‘‘(t) RULE OF CONSTRUCTION.—The authorities under this section, with respect to
                                      the Director, are additional authorities that do not supersede or modify any existing
                                      authorities.
                                        ‘‘(u) DEFINITIONS.—In this part:
                                               ‘‘(1) ADVANCED PROOFS OF CONCEPT.—The term ‘advanced proofs of concept’
                                            means data, a prototype, or other experimental evidence that—
                                                     ‘‘(A) may precede the development of transformative health technologies;
                                                  and
                                                     ‘‘(B) demonstrates the feasibility of a new concept.
                                               ‘‘(2) BIOLOGICAL PRODUCT.—The term ‘biological product’ has the meaning
                                            given such term in section 351(i).
                                               ‘‘(3) DEPARTMENT.—The term ‘Department’ means the Department of Health
                                            and Human Services.
                                               ‘‘(4) DRUG; DEVICE.—The terms ‘drug’ and ‘device’ have the meanings given
                                            such terms in section 201 of the Federal Food, Drug, and Cosmetic Act.
                                               ‘‘(5) FEDERAL ACQUISITION REGULATION.—The term ‘Federal Acquisition Regu-
                                            lation’ means the Federal Acquisition Regulation issued pursuant to section
                                            1303(a)(1) of title 41, United States Code.
                                               ‘‘(6) FEDERAL AGENCY.—The term ‘Federal agency’ has the meaning given
                                            such term in section 3371 of title 5, United States Code.
                                               ‘‘(7) PRIZE.—The term ‘prize’ means a prize as such term is used in section
                                            24 of the Stevenson-Wydler Technology Innovation Act of 1980.
                                               ‘‘(8) TRANSFORMATIVE HEALTH TECHNOLOGY.—The term ‘transformative health
                                            technology’ means a drug, biological product, intervention, platform, tool, or de-
                                            vice—
                                                     ‘‘(A) that should be prioritized to detect, diagnose, mitigate, prevent, cure,
                                                  or treat a serious disease or medical condition for which there are unmet
                                                  needs; and
                                                     ‘‘(B) for which—
                                                           ‘‘(i) significant scientific uncertainty and regulatory risk exist; or
                                                           ‘‘(ii) incentives in the commercial market are unlikely to result in the
                                                        adequate or timely development of such drug, biological product, inter-
                                                        vention, platform, tool, or device.
                                        ‘‘(v) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated
                                      $500,000,000 for each of fiscal years 2023 through 2027, to remain available until
                                      expended.’’.

                                                                      I. PURPOSE AND SUMMARY
                                         H.R. 5585, the ‘‘Advanced Research Project Agency-Health Act’’
                                      or the ‘‘ARPA–H Act,’’ authorizes the Advanced Research Projects
                                      Agency for Health (ARPA–H) within the Department of Health and
                                      Human Services (HHS) with the objective of accelerating innova-
                                      tion in health and medicine in order to foster the development of
                                      innovative transformative health technologies that are not being
                                      developed by existing federal programs or the private sector. The
                                      bill establishes a defined mission for the new agency, along with
                                      specific goals and methods to address that mission, defines the role
                                      and authorities of the director and program managers, creates a re-
                                      search council and reporting mechanisms to determine whether
                                      projects are meeting the agency’s goals, and authorizes hiring,
                                      awards, cooperative agreements, and other transactions, among
                                      other authorities. The bill authorizes appropriations of $500 million
                                      for each of the fiscal years 2023 through 2027 to remain available
                                      until expended.
                                                        II. BACKGROUND AND NEED FOR LEGISLATION
                                       The American biomedical research enterprise is supported by the
                                      world’s leading academic institutions, scientists, and commercial




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                                      industries.1 The development of vaccines through the joint public-
                                      private partnerships orchestrated by Operation Warp Speed to re-
                                      spond to the coronavirus disease of 2019 (COVID–19) pandemic is
                                      an example of America’s biomedical research leadership. Prior to
                                      Operation Warp Speed, the fastest timeline for the development of
                                      any vaccine from viral sampling to approval was four years.2 De-
                                      veloping multiple vaccines within one year to effectively prevent se-
                                      rious illness and death from COVID–19 infection was unprece-
                                      dented.3 This outcome was made possible by significant federal in-
                                      vestment and extensive collaboration with the private sector.4 For
                                      example, years of fundamental research on related coronaviruses
                                      that caused severe acute respiratory syndrome and Middle East
                                      respiratory syndrome, funded by the National Institutes of Health
                                      (NIH) and biotechnology companies, played a major role in the de-
                                      velopment of COVID–19 vaccines.5 6
                                         However, barriers and gaps exist within the public and private
                                      biomedical research ecosystem, which can lead to the stalling or
                                      failure of innovative projects.7 The priorities of the academic and
                                      commercial sectors may result in ideas not being pursued that are
                                      considered too high-risk, have a significant cost, or where the po-
                                      tential commercial market would not support the cost, among other
                                      reasons.8 H.R. 5585 seeks to address this gap by establishing a new
                                      entity, ARPA–H, that will accelerate biomedical innovation in
                                      health and medicine by supporting high-risk, high-reward research
                                      projects. Projects taken on by ARPA–H will be subject to time-lim-
                                      ited goals, benchmarks, and accountability initiatives.
                                         ARPA–H is inspired by and builds on the model of the Defense
                                      Advanced Research Projects Agency (DARPA).9 DARPA was
                                      launched in 1958 with the goal of making pivotal investments in
                                      breakthrough technologies for national security.10 Some of
                                      DARPA’s important achievements include the development of the
                                      internet, stealth aircraft, miniaturized Global Positioning System
                                      technologies, flat-screen displays, and more.11 There are key fea-
                                      tures of DARPA that have facilitated its success and that are in-
                                      cluded in the design of ARPA–H, including its flexible hiring and
                                      contracting authorities, streamlined and efficient leadership organi-
                                      zation, milestone-based review, and focused mission.12
                                         1 White House Office of Science and Technology Policy, Advanced Research Project Agency for
                                      Health (ARPA–H): Concept Paper (June 2021) www.whitehouse.gov/wpcontent/uploads/2021/06/
                                      ARPA–H-Concept-Paper.pdf).
                                         2 Id.
                                         3 Philip Ball, The Lightning-Fast Quest for COVID Vaccines—and What It Means for Other
                                      Diseases, Nature (Dec. 18, 2020) (doi.org/10.1038/d41586-020-03626-1).
                                         4 Id.
                                         5 Id.
                                         6 Amber Dance, Coronavirus Vaccines Get a Biotech Boost, Nature (July 21, 2020) (doi.org/
                                      10.1038/d41586-020-02154-2).
                                         7 Francis S. Collins et al., ARPA–H: Accelerating Biomedical Breakthroughs, Science, 373 (July
                                      9, 2021) (doi.org/10.1126/science.abj8547).
                                         8 Id.
                                         9 Congressional Research Service, Advanced Research Agency for Health (ARPA–H): Potential
                                      Questions for Consideration (Sept. 23, 2021). (www.crs.gov/Reports /R46901?source=search&guid
                                      =c6ee36775a9 c4ed8a9239b678b 393e61&in dex=0).
                                         10 Defense Advanced Research Projects Agency, About DARPA (www.darpa.mil/aboutus/about-
                                      darpa) (accessed Jan. 30, 2022).
                                         11 Defense   Advanced Research Projects Agency, Innovation at DARPA (July 2016)
                                      (www.darpa.mil/ attachments/ DARPA_Innovation_2016.pdf).
                                         12 Defense Advanced Research Projects Agency, Contracting Managing (www.darpa.mil/work-
                                      with-us/contract-management) (accessed Jan. 30, 2022).




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                                                                      III. COMMITTEE HEARINGS
                                        For the purposes of section 3(c) of rule XIII of the Rules of the
                                      House of Representatives, the following hearing was used to de-
                                      velop or consider H.R. 5585:
                                        The Subcommittee on Health held a hearing on February 8,
                                      2022. The hearing was entitled, ‘‘ARPA–H: The Next Frontier of
                                      Biomedical Research.’’ The Subcommittee received testimony from
                                      the following witnesses:
                                             • Keith R. Yamamoto, Vice Chancellor for Science Policy and
                                           Strategy, University of California San Francisco;
                                             • Esther Krofah, Executive Director, FasterCures and Cen-
                                           ter for Public Health at the Milken Institute;
                                             • Geoffrey Shiu Fei Ling, CEO, On Demand Pharma-
                                           ceuticals, and Professor of Neurology, Johns Hopkins Medicine;
                                             • Admiral Brett P. Giroir, Former Assistant Secretary for
                                           Health, U.S. Department of Health and Human Services; and
                                             • Brian James Miller, Professor of Medicine John Hopkins
                                           Medicine.
                                                                   IV. COMMITTEE CONSIDERATION
                                         H.R. 5585, the ‘‘Advanced Research Project Agency-Health Act’’
                                      or the ‘‘ARPA–H Act,’’ was introduced on October 15, 2021, by Rep-
                                      resentative Anna Eshoo (D–CA) and was referred to the Committee
                                      on Energy and Commerce. Subsequently, on October 18, 2021, the
                                      bill was referred to the Subcommittee on Health.
                                         On May 11, 2022, the Subcommittee on Health met in open
                                      markup session, pursuant to notice, to consider H.R. 5585 and five
                                      other bills. During consideration of the bill, no amendments were
                                      offered. Upon conclusion of consideration of the bill, the Sub-
                                      committee on Health agreed to report the bill favorably to the full
                                      Committee, without amendment, by a voice vote.
                                         On May 18, 2022, the full Committee met in open markup ses-
                                      sion, pursuant to notice, to consider H.R. 5585 and five other bills.
                                      An amendment in the nature of a substitute (AINS), offered by
                                      Representative Eshoo, was agreed to by a voice vote. Upon conclu-
                                      sion of consideration of the bill, the full Committee agreed to a mo-
                                      tion on final passage offered by Representative Pallone, Chairman
                                      of the Committee, to order H.R. 5585 reported favorably to the
                                      House, amended, by a roll call vote of 53 yeas to 3 nays.
                                                                         V. COMMITTEE VOTES
                                         Clause 3(b) of rule XIII of the Rules of the House of Representa-
                                      tives requires the Committee to list each record vote on the motion
                                      to report legislation and amendments thereto. The Committee ad-
                                      vises that there was one record vote taken on H.R. 5585, including
                                      a motion by Mr. Pallone ordering H.R. 5585 favorably reported to
                                      the House, amended. The motion on final passage of the bill was
                                      approved by a record vote of 53 yeas to 3 nays. The following are
                                      the record votes taken during Committee consideration, including
                                      the names of those members voting for and against:




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                                                                                                                                        Insert offset folio 15 here HR365P1.001


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                                                                      VI. OVERSIGHT FINDINGS
                                        Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) of rule
                                      X of the Rules of the House of Representatives, the oversight find-
                                      ings and recommendations of the Committee are reflected in the
                                      descriptive portion of the report.
                                       VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX
                                                            EXPENDITURES
                                        Pursuant to 3(c)(2) of rule XIII of the Rules of the House of Rep-
                                      resentatives, the Committee adopts as its own the estimate of new
                                      budget authority, entitlement authority, or tax expenditures or rev-
                                      enues contained in the cost estimate prepared by the Director of
                                      the Congressional Budget Office pursuant to section 402 of the
                                      Congressional Budget Act of 1974.
                                        The Committee has requested but not received from the Director
                                      of the Congressional Budget Office a statement as to whether this
                                      bill contains any new budget authority, spending authority, credit
                                      authority, or an increase or decrease in revenues or tax expendi-
                                      tures.
                                                             VIII. FEDERAL MANDATES STATEMENT
                                        The Committee adopts as its own the estimate of Federal man-
                                      dates prepared by the Director of the Congressional Budget Office
                                      pursuant to section 423 of the Unfunded Mandates Reform Act.
                                      IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
                                        Pursuant to clause 3(c)(4) of rule XIII, the general performance
                                      goal or objective of this legislation is to authorize ARPA–H within
                                      HHS to accelerate innovation in health and medicine by investing
                                      in high-risk, high-reward research projects. The bill authorizes ap-
                                      propriations of $500 million for each of the fiscal years 2023
                                      through 2027 to remain available until expended.
                                                            X. DUPLICATION OF FEDERAL PROGRAMS
                                        Pursuant to clause 3(c)(5) of rule XIII, no provision of H.R. 5585
                                      is known to be duplicative of another Federal program, including
                                      any program that was included in a report to Congress pursuant
                                      to section 21 of Public Law 111–139 or the most recent Catalog of
                                      Federal Domestic Assistance.
                                                                   XI. COMMITTEE COST ESTIMATE
                                         Pursuant to clause 3(d)(1) of rule XIII, the Committee adopts as
                                      its own the cost estimate prepared by the Director of the Congres-
                                      sional Budget Office pursuant to section 402 of the Congressional
                                      Budget Act of 1974.
                                            XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
                                                                   BENEFITS
                                         Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the Committee
                                      finds that H.R. 5585 contains no earmarks, limited tax benefits, or
                                      limited tariff benefits.




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                                                            XIII. ADVISORY COMMITTEE STATEMENT
                                        No advisory committee within the meaning of section 5(b) of the
                                      Federal Advisory Committee Act was created by this legislation.
                                                         XIV. APPLICABILITY TO LEGISLATIVE BRANCH
                                        The Committee finds that the legislation does not relate to the
                                      terms and conditions of employment or access to public services or
                                      accommodations within the meaning of section 102(b)(3) of the Con-
                                      gressional Accountability Act.
                                               XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
                                      Section. 1. Short title
                                        Section 1 designates that the short title may be cited as the ‘‘Ad-
                                      vanced Research Projects Agency–Health Act’’ or the ‘‘ARPA–H
                                      Act.’’
                                      Sec. 2. Advanced Research Projects Agency–Health
                                         Section 2 amends Title IV of the Public Health Service Act to es-
                                      tablish ARPA–H as an independent operating division within HHS.
                                      This section establishes the goals of ARPA–H to foster the develop-
                                      ment of new, breakthrough capabilities, technologies, systems, and
                                      platforms to accelerate innovations in health and medicine that are
                                      not being met by existing federal programs or private entities to
                                      ensure the United States maintains global leadership in science
                                      and the highest quality of life and health for its citizens. This sec-
                                      tion also includes the methods by which ARPA–H shall achieve
                                      these goals, including identifying, translating, accelerating,
                                      prioritizing, and delivering transformative health technologies.
                                      This section also specifies that investments will be prioritized
                                      based on scientific opportunity, the effect on disease burden, in-
                                      cluding unmet patient need, and the ability to reduce the cost of
                                      care through innovation.
                                         This section creates the position of a presidentially-appointed,
                                      Senate-confirmed Director who shall report to the Secretary of
                                      HHS and perform the duties of approving, setting, developing, and
                                      advancing the goals and priorities of the Agency; coordinate with
                                      NIH and other federal agencies, private entities, academia, non-
                                      profit organizations, and international organizations to solicit data,
                                      build on scientific research, and ensure that efforts supplement
                                      (and do not supplant) those of other federal agencies; and appoint
                                      a deputy director.
                                         Under this section, the Director is authorized to submit autono-
                                      mous agency recommendations and testimony to Congress, protect
                                      certain ARPA–H information from disclosure, share information
                                      with the Centers for Medicare and Medicaid Services, expedite
                                      breakthroughs through cooperation with the Food and Drug Ad-
                                      ministration, lease facilities and determine the location of ARPA–
                                      H’s headquarters, hire personnel, and appoint program managers.
                                      This section instructs the Director to prioritize awarding ARPA–H
                                      funding to domestic recipients conducting research in the United
                                      States. As appropriated and practicable, this section also specifies
                                      that the Director shall ensure that nondomestic recipients conduct
                                      research in collaboration with a domestic recipient and shall not




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                                      award any funding to nondomestic recipients subject to malign for-
                                      eign influence or organized under the laws of a malign foreign
                                      country.
                                         This section requires the Director to submit reports on the ac-
                                      tions, results, and forthcoming strategic plans of ARPA–H to the
                                      Congressional Committees in the House and Senate with appro-
                                      priate jurisdiction. It also permits the Director to seek advice from
                                      outside entities and to establish the ARPA–H Interagency Research
                                      Council. Under this section, the Director may establish an Office of
                                      Technology Transfer with ARPA–H to facilitate the transfer of fed-
                                      erally owned or originated technology to recipients of ARPA–H
                                      funding.
                                         Under this section, the Comptroller General is required to con-
                                      duct an independent review of the research portfolio of HHS, in-
                                      cluding ARPA–H, to assess the degree of unnecessary duplication
                                      and to make recommendations regarding potential reorganization,
                                      coordination, or termination of such programs.
                                         This section authorizes appropriations of $500 million for each of
                                      the fiscal years 2023 through 2027 to remain available until ex-
                                      pended.
                                       XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
                                        In compliance with clause 3(e) of rule XIII of the Rules of the
                                      House of Representatives, changes in existing law made by the bill,
                                      as reported, are shown as follows (new matter is printed in italics
                                      and existing law in which no change is proposed is shown in
                                      roman):

                                                              PUBLIC HEALTH SERVICE ACT
                                                  *           *            *              *            *          *           *
                                                   TITLE IV—NATIONAL RESEARCH INSTITUTES
                                                  *           *            *              *            *          *           *

                                            PART J—ADVANCED RESEARCH PROJECTS
                                                      AGENCY–HEALTH
                                      SEC. 499A. ADVANCED RESEARCH PROJECTS AGENCY–HEALTH.
                                        (a) ESTABLISHMENT.—There is established, as an independent op-
                                      erating division within the Department of Health and Human Serv-
                                      ices, the Advanced Research Projects Agency–Health (in this part re-
                                      ferred to as ‘‘ARPA–H’’). Not later than 180 days after the date of
                                      enactment of this part, the Secretary shall transfer all functions,
                                      personnel, missions, activities, authorities, and funds of the Ad-
                                      vanced Research Projects Agency for Health within the National In-
                                      stitutes of Health, as in existence on the date of enactment of this
                                      part, to ARPA–H established by the preceding sentence.
                                         (b) GOALS AND METHODS.—
                                              (1) GOALS.—The goals of ARPA–H shall be to—
                                                   (A) foster the development of new, breakthrough capabili-
                                                ties, technologies, systems, and platforms to accelerate inno-
                                                vations in health and medicine that are not being met by
                                                Federal programs or private entities;




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                                                      (B) revolutionize detection, diagnosis, mitigation, preven-
                                                   tion, treatment, and curing of serious diseases and medical
                                                   conditions through the development of transformative
                                                   health technologies;
                                                      (C) promote high-risk, high-reward innovation for the de-
                                                   velopment and translation of transformative health tech-
                                                   nologies; and
                                                      (D) contribute to ensuring the United States maintains—
                                                           (i) global leadership in science and innovation;
                                                           (ii) the highest quality of life and health for its citi-
                                                        zens; and
                                                           (iii) an aggressive agenda for innovations to address
                                                        global health threats that place United States citizens
                                                        at risk.
                                                (2) METHODS.—ARPA–H shall achieve the goals specified in
                                              paragraph (1) by—
                                                      (A) discovering, identifying, and promoting revolutionary
                                                   advances in health sciences;
                                                      (B) translating scientific discoveries into transformative
                                                   health technologies;
                                                      (C) providing resources and support to create platform
                                                   capabilities that draw on multiple disciplines;
                                                      (D) using researchers in a wide range of disciplines, in-
                                                   cluding the life sciences, the physical sciences, engineering,
                                                   and the computational sciences;
                                                      (E) delivering advanced proofs of concept that dem-
                                                   onstrate potentially clinically meaningful advances;
                                                      (F) developing new capabilities, advanced computational
                                                   tools, predictive models, or analytical techniques to identify
                                                   potential targets and technological strategies for early dis-
                                                   ease detection and intervention;
                                                      (G) accelerating transformational technological advances
                                                   in areas with limited technical certainty; and
                                                      (H) prioritizing investments based on such considerations
                                                   as—
                                                           (i) scientific opportunity and uniqueness of fit to the
                                                        strategies and operating practices of ARPA–H;
                                                           (ii) the effect on disease burden, including unmet pa-
                                                        tient need, quality and disparity gaps, and the poten-
                                                        tial to preempt progression of serious disease; and
                                                           (iii) the effect on the fiscal liability of the Federal
                                                        Government with respect to health care and the ability
                                                        to reduce the cost of care through innovation.
                                           (c) DIRECTOR.—
                                                (1) IN GENERAL.—The President shall appoint with the advice
                                              and consent of the Senate, a director of ARPA–H (in this part
                                              referred to as the ‘‘Director’’).
                                                (2) QUALIFICATIONS.—The Director shall be an individual
                                              who, by reason of professional background and experience, is es-
                                              pecially qualified to manage—
                                                      (A) research and advanced development programs; and
                                                      (B) large-scale, high-risk initiatives with respect to health
                                                   research and technology development across multiple sec-
                                                   tors, including generating transformative health tech-
                                                   nologies and improving health outcomes for patients.




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                                              (3) RELATIONSHIP TO SECRETARY.—The Director shall report
                                           directly to the Secretary.
                                              (4) DUTIES.—The duties of the Director shall include the fol-
                                           lowing:
                                                   (A) Approve and terminate the projects and programs of
                                                ARPA–H.
                                                   (B) Set research and development priorities with respect
                                                to the goals specified in subsection (b) and manage the
                                                budget of ARPA–H.
                                                   (C) Develop funding criteria and assess the success of
                                                programs through the establishment of technical mile-
                                                stones.
                                                   (D) Advance the goals under subsection (b), through con-
                                                sideration of the advice of the ARPA–H Interagency Re-
                                                search Council established under subsection (q).
                                                   (E) Solicit data, as needed, from the National Institutes
                                                of Health and other relevant entities.
                                                   (F) Coordinate with the Director of the National Insti-
                                                tutes of Health to ensure that the programs of ARPA–H
                                                build on, and are informed by, scientific research supported
                                                by the National Institutes of Health.
                                                   (G) Coordinate with the heads of Federal agencies and,
                                                to the extent practicable, ensure that the activities of
                                                ARPA–H supplement (and do not supplant) the efforts of
                                                other Federal agencies.
                                                   (H) Ensure ARPA–H does not provide funding for a
                                                project unless the program manager determines that the
                                                project meets the goals described in subsection (b)(1).
                                              (5) TERM.—The Director—
                                                   (A) shall be appointed for a 5-year term; and
                                                   (B) may be reappointed for 1 consecutive 5-year term.
                                              (6) AUTONOMY OF AGENCY REGARDING RECOMMENDATIONS
                                           AND TESTIMONY.—No officer or agency of the United States
                                           shall have any authority to require the Director or any other of-
                                           ficer of ARPA–H to submit legislative recommendations, or tes-
                                           timony or comments on legislation, to any officer or agency of
                                           the United States for approval, comments, or review prior to the
                                           submission of such recommendations, testimony, or comments
                                           to the Congress, if such recommendations, testimony, or com-
                                           ments to the Congress include a statement indicating that the
                                           views expressed therein are those of the Director or such officer,
                                           and do not necessarily reflect the views of the President or an-
                                           other agency.
                                              (7) DELEGATION OF AUTHORITY.—The Director may delegate
                                           to any duly authorized employee, representative, or agent any
                                           power vested in the Director by law, except that the Director
                                           may not delegate the power to appoint the Deputy Director
                                           under paragraph (8).
                                              (8) DEPUTY DIRECTOR.—The Director shall appoint a deputy
                                           director to serve as the first assistant to the office.
                                         (d) APPLICATION OF PAPERWORK REDUCTION ACT.—The Director
                                      may waive the requirements of subchapter I of chapter 35 of title 44,
                                      United States Code (commonly referred to as the ‘‘Paperwork Reduc-
                                      tion Act’’) with respect to the methods described in subsection (b)(2).




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                                         (e) PROTECTION OF INFORMATION.—The following types of infor-
                                      mation collected by ARPA–H from recipients of financial assistance
                                      awards shall be considered commercial and financial information
                                      obtained from a person and privileged or confidential and not sub-
                                      ject to disclosure under section 552(b)(4) of title 5, United States
                                      Code:
                                               (1) Plans for commercialization of technologies developed
                                            under the award, including business plans, technology-to mar-
                                            ket plans, market studies, and cost and performance models.
                                               (2) Investments provided to an awardee from third parties
                                            (such as venture capital firms, hedge funds, and private equity
                                            firms), including amounts and the percentage of ownership of
                                            the awardee provided in return for the investments.
                                               (3) Additional financial support that the awardee—
                                                    (A) plans to invest or has invested in the technology de-
                                                 veloped under the award; or
                                                    (B) is seeking from third parties.
                                               (4) Revenue from the licensing or sale of new products or
                                            services resulting from research conducted under the award.
                                         (f) SHARING INFORMATION WITH THE CENTERS FOR MEDICARE &
                                      MEDICAID SERVICES.—The Director shall timely share relevant in-
                                      formation with the Administrator of the Centers for Medicare &
                                      Medicaid Services that may help to expedite determinations of cov-
                                      erage of transformative health technologies developed by ARPA–H.
                                         (g) EXPEDITING BREAKTHROUGHS THROUGH COOPERATION WITH
                                      THE FOOD AND DRUG ADMINISTRATION.—
                                               (1) IN GENERAL.—The Secretary, acting through the Commis-
                                            sioner of Food and Drugs and in consultation with the Director,
                                            may take actions to facilitate translation of transformative
                                            health technology into tangible solutions for patients and to ex-
                                            pedite development of drugs, devices, and biological products,
                                            including through—
                                                    (A) helping to ensure that drug, device, or biological
                                                 product development programs, in as efficient a manner as
                                                 possible, gather the nonclinical and clinical data necessary
                                                 to advancing the development of such products and to ob-
                                                 taining their approval, licensure, or clearance, as applica-
                                                 ble, by the Food and Drug Administration under sections
                                                 505, 510(k), and 515 of the Federal Food, Drug, and Cos-
                                                 metic Act and section 351 of this Act;
                                                    (B) expediting review of investigational new drug appli-
                                                 cations under section 505(i) of the Federal Food, Drug, and
                                                 Cosmetic Act, review of investigational device exemptions
                                                 under section 520(g) of such Act, and review of applications
                                                 for approval, licensure, and clearance of drugs, devices, or
                                                 biological products under sections 505, 510(k), and 515 of
                                                 such Act, and section 351 of this Act; and
                                                    (C) meeting at appropriate intervals with the Director
                                                 and any member of the ARPA–H Interagency Research
                                                 Council to discuss the development status of drugs, devices,
                                                 or biological products and projects that are the highest pri-
                                                 orities to ARPA–H, unless the Director and the Commis-
                                                 sioner of Food and Drugs determine that any such meetings
                                                 are not necessary.




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                                               (2) RELATION TO OTHERWISE AUTHORIZED ACTIVITIES OF THE
                                             FDA.—The authority specified in paragraph (1) shall not be con-
                                              strued as limiting the authority of the Secretary, acting through
                                              the Commissioner of Food and Drugs, with respect to the review
                                              and approval, clearance, authorization for emergency use, or li-
                                              censure of drugs, devices, or biological products under the Fed-
                                              eral Food, Drug, and Cosmetic Act or section 351 of this Act.
                                                (3) REIMBURSEMENT.—The Director, using funds made avail-
                                              able to ARPA–H, may reimburse the Food and Drug Adminis-
                                              tration for expenditures made by the Food and Drug Adminis-
                                              tration for activities carried out under this section that have
                                              been identified by the Commissioner of Food and Drugs and the
                                              Director as being carried out by the Food and Drug Adminis-
                                              tration.
                                           (h) AWARDS.—
                                                (1) IN GENERAL.—In carrying out this section, the Director
                                              may make awards including—
                                                      (A) grants and cooperative agreements, which shall—
                                                           (i) be subject to the uniform administrative require-
                                                        ments, cost principles, and audit requirements for Fed-
                                                        eral awards contained in part 200 of title 2, Code of
                                                        Federal Regulations (or successor regulations); and
                                                           (ii) include the total line-item and itemized indirect
                                                        facilities and administrative costs that shall be made
                                                        publicly available and published in a machine-read-
                                                        able format;
                                                      (B) contracts subject to the Federal Acquisition Regula-
                                                   tion;
                                                      (C) multi-year contracts under section 3903 of title 41,
                                                   United States Code;
                                                      (D) prizes; and
                                                      (E) other transactions.
                                                (2) EXEMPTIONS FOR CERTAIN REQUIREMENTS.—Research
                                              funded by ARPA–H shall not be subject to the requirements of
                                              section 406(a)(3)(A)(ii) or section 492.
                                           (i) FACILITIES AUTHORITY.—
                                                (1) IN GENERAL.—The Director may acquire (by purchase,
                                              lease, condemnation, or otherwise), construct, improve, repair,
                                              operate, and maintain such real and personal property as may
                                              be necessary to carry out this section.
                                                (2) LEASE OF NONEXCESS PROPERTY.—The Director may enter
                                              into a lease under this section with any person or entity (includ-
                                              ing another department or agency of the Federal Government or
                                              an entity of a State or local government) with regard to any
                                              nonexcess real property and related personal property under the
                                              jurisdiction of the Director.
                                                (3) UTILIZATION OF LEASE FUNDS.—
                                                      (A) IN GENERAL.—The Director may utilize, without fur-
                                                   ther appropriation, amounts of cash consideration received
                                                   for a lease entered into under this subsection to cover the
                                                   full costs to ARPA–H in connection with the lease. Funds
                                                   received as such cash consideration shall remain available
                                                   until expended.
                                                      (B) CAPITAL REVITALIZATION AND IMPROVEMENTS.—Of
                                                   any amounts of cash consideration received under this sub-




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                                                   section that are not utilized in accordance with subpara-
                                                   graph (A), without further appropriation—
                                                           (i) 35 percent shall—
                                                                 (I) be deposited in a capital asset account to be
                                                              established by the Director;
                                                                 (II) be available for maintenance, capital revital-
                                                              ization, and improvements of the real property as-
                                                              sets and related personal property under the juris-
                                                              diction of the Director; and
                                                                 (III) remain available until expended; and
                                                           (ii) the remaining 65 percent shall be available to the
                                                         respective center or facility of ARPA–H engaged in the
                                                         lease of nonexcess real property, and shall remain
                                                         available until expended for maintenance, capital revi-
                                                         talization, and improvements of the real property as-
                                                         sets and related personal property at the respective cen-
                                                         ter or facility subject to the concurrence of the Director.
                                                      (C) NO UTILIZATION FOR DAILY OPERATING COSTS.—
                                                   Amounts utilized under subparagraph (B) may not be uti-
                                                   lized for daily operating costs.
                                                (4) LOCATIONS.—
                                                      (A) IN GENERAL.—ARPA–H, including its headquarters,
                                                   shall not be located on any part of the existing National In-
                                                   stitutes of Health campuses.
                                                      (B) CONSIDERATIONS.—In determining the location of fa-
                                                   cilities, the Director shall make a fair and open consider-
                                                   ation of—
                                                           (i) the characteristics of the intended location; and
                                                           (ii) the extent to which such location will facilitate
                                                         advancement of the goals and methods specified in
                                                         subsection (b).
                                           (j) PERSONNEL.—
                                                (1) IN GENERAL.—The Director may—
                                                      (A) make and rescind appointments of scientific, engi-
                                                   neering, medical, and professional personnel, which may
                                                   include temporary or time-limited appointments as deter-
                                                   mined by the Director to fulfill the mission of ARPA–H,
                                                   without regard to any provision in title 5, United States
                                                   Code, governing appointments and removals under the civil
                                                   service laws, and fix the base pay compensation of such
                                                   personnel at a rate to be determined by the Director, up to
                                                   the amount of annual compensation (excluding expenses)
                                                   specified in section 102 of title 3, United States Code; and
                                                      (B) contract with private recruiting firms for the hiring
                                                   of qualified staff referenced in subparagraph (A).
                                                (2) ADDITIONAL STAFF.—The Director may use, to the same ex-
                                              tent and in the same manner as the Secretary, all authorities
                                              in existence on the date of the enactment of this section that are
                                              provided to the Secretary to hire administrative, financial, con-
                                              tracts, legislative affairs, information technology, ethics, and
                                              communications staff, and such other staff as may be identified
                                              by the Director as necessary to carry out this section.
                                                (3) ADDITIONAL CONSIDERATIONS.—In appointing personnel
                                              under this subsection, the Director—
                                                      (A) may contract with private entities;




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                                                     (B) shall make efforts to recruit and retain a diverse
                                                  workforce, including individuals underrepresented in
                                                  science and medicine and racial and ethnic minorities (as
                                                  long as such efforts comply with applicable Federal civil
                                                  rights law); and
                                                     (C) shall recruit program managers with expertise in a
                                                  wide range of relevant disciplines, including life sciences,
                                                  the physical sciences, engineering, and the computational
                                                  sciences.
                                                (4) ADDITIONAL HIRING AUTHORITY.—To the extent needed to
                                             carry out the authorities vested by paragraph (1), the Director
                                             may utilize hiring authorities under sections 3371 through 3376
                                             of title 5, United States Code, to staff ARPA–H with employees
                                             from other Federal agencies, State and local governments, In-
                                             dian Tribes and Tribal organizations, institutions of higher
                                             education, and other organizations, as described in such sec-
                                             tions.
                                                (5) EXISTING AUTHORITIES.—The authorities granted by this
                                             section are—
                                                     (A) in addition to existing authorities granted to the Sec-
                                                  retary; and
                                                     (B) are not intended to supersede or modify any existing
                                                  authorities.
                                                (6) AUTHORITY TO ACCEPT FEDERAL DETAILEES.—The Director
                                             may accept officers or employees of the United States or mem-
                                             bers of the uniformed service on a detail from an element of the
                                             Federal Government on a reimbursable or a nonreimbursable
                                             basis, as jointly agreed to by the heads of the receiving and de-
                                             tailing elements, for a period not to exceed 3 years.
                                           (k) PROGRAM MANAGERS.—
                                                (1) IN GENERAL.—The Director shall appoint program man-
                                             agers for 3-year terms (and may reappoint such program man-
                                             agers for 1 consecutive 3-year term) for the programs carried
                                             out by ARPA–H.
                                                (2) DUTIES.—A program manager shall—
                                                     (A) establish, in consultation with the Director or Deputy
                                                  Director, research and development goals for programs, in-
                                                  cluding timelines and milestones, and make such goals
                                                  available to the public;
                                                     (B) collaborate with experts from the National Institutes
                                                  of Health and other Federal agencies and experts in rel-
                                                  evant scientific fields to identify research and development
                                                  gaps and opportunities;
                                                     (C) convene workshops and meetings, as needed, with en-
                                                  tities such as patients, patient advocacy groups, practi-
                                                  tioners, professional societies, and other stakeholders to so-
                                                  licit input on programs and goals;
                                                     (D) manage applications and proposals, through the ap-
                                                  propriate officials for making grants, cooperative agree-
                                                  ments, contracts, prizes, and other transaction awards for
                                                  advanced research that may show particular promise, espe-
                                                  cially in areas in which the private sector and the Federal
                                                  Government have not undertaken sufficient research;
                                                     (E) issue funding opportunity announcements, using uni-
                                                  form administrative processes, as appropriate;




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                                                     (F) select, on the basis of merit, each of the projects to be
                                                  supported under a program carried out by ARPA–H, and
                                                  taking into consideration—
                                                           (i) the scientific and technical merit of the proposed
                                                        project;
                                                           (ii) the capabilities of the applicants to successfully
                                                        carry out the proposed project;
                                                           (iii) the unmet needs or ability to improve health out-
                                                        comes within patient populations;
                                                           (iv) future commercial applications of the project or
                                                        the feasibility of partnering with one or more commer-
                                                        cial entities;
                                                           (v) the potential for interdisciplinarity of the ap-
                                                        proach of the project; and
                                                           (vi) such other criteria as established by the Director;
                                                     (G) conduct project reviews within 18 months of funding
                                                  awards to identify milestones and monitor progress of such
                                                  milestones with respect to each project and prior to dis-
                                                  bursement of new funds;
                                                     (H) provide recommendations to the Director with respect
                                                  to advancing the goals specified in subsection (b);
                                                     (I) cultivate opportunities for the commercial application
                                                  or community use of successful projects, including through
                                                  the establishment of partnerships between or among award-
                                                  ees;
                                                     (J) identify innovative cost-sharing arrangements for
                                                  ARPA–H projects;
                                                     (K) provide recommendations to expand, restructure, or
                                                  terminate research partnerships or projects; and
                                                     (L) ensure that—
                                                           (i) animal studies meet the Federal animal research
                                                        requirements pursuant of the Public Health Service
                                                        Policy on Humane Care and Use of Laboratory Ani-
                                                        mals; and
                                                           (ii) applications apply statistical modeling ap-
                                                        proaches and appropriately justify animal sample sizes
                                                        to meet project goals.
                                           (l) REPORTS AND EVALUATION.—
                                                (1) ANNUAL REPORT.—
                                                     (A) IN GENERAL.—Beginning not later than 1 year after
                                                  the date of enactment of this section, and each fiscal year
                                                  thereafter, the Director shall submit a report on the actions
                                                  undertaken, and results generated, by ARPA–H, includ-
                                                  ing—
                                                           (i) a description of projects supported by ARPA–H in
                                                        the previous fiscal year and whether such projects are
                                                        meeting the goals developed by the Director pursuant to
                                                        subsection (c)(4)(C);
                                                           (ii) a description of projects terminated in the pre-
                                                        vious fiscal year, and the reason for such termination;
                                                           (iii) a description of programs starting in the next
                                                        fiscal year, as available;
                                                           (iv) activities conducted in coordination with other
                                                        Federal agencies;




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                                                       (v) an analysis of the extent of coordination con-
                                                    ducted pursuant to subsections (c)(4)(F) and (f), includ-
                                                    ing successes and barriers with respect to achieving the
                                                    goals under subsection (b);
                                                       (vi) a description of the demographic (including ra-
                                                    cial and gender) diversity if available of direct recipi-
                                                    ents and performers in funded projects and of the
                                                    ARPA–H workforce; and
                                                       (vii) a disclosure by the reward recipients of whether
                                                    the principal investigators named on the award par-
                                                    ticipate in foreign talent programs, including the provi-
                                                    sion of copies of all grants, contracts, or other agree-
                                                    ments related to such programs, and other supporting
                                                    documentation related to such programs, as a condi-
                                                    tion of receipt of Federal extramural biomedical re-
                                                    search funding awarded.
                                                  (B) SUBMISSION TO CONGRESS.—The report under sub-
                                               paragraph (A) shall be submitted to—
                                                       (i) the Committee on Energy and Commerce and the
                                                    Committee on Appropriations of the House of Rep-
                                                    resentatives; and
                                                       (ii) the Committee on Health, Education, Labor, and
                                                    Pensions and the Committee on Appropriations of the
                                                    Senate.
                                             (2) EVALUATION.—
                                                  (A) IN GENERAL.—Not later than 5 years after the date of
                                               the enactment of this section, the Secretary shall enter into
                                               an agreement with the National Academies of Sciences, En-
                                               gineering, and Medicine under which the National Acad-
                                               emies agree to study and evaluate whether ARPA–H is
                                               meeting the goals specified in subsection (b).
                                                  (B) SUBMISSION OF RESULTS.—The agreement entered
                                               into under subparagraph (A) shall require the National
                                               Academies of Sciences, Engineering, and Medicine to sub-
                                               mit the results of the evaluation conducted under such
                                               agreement to the Secretary, the Committee on Energy and
                                               Commerce of the House of Representatives, and the Com-
                                               mittee on Health, Education, Labor, and Pensions of the
                                               Senate.
                                        (m) STRATEGIC PLAN.—Not later than 1 year after the date of the
                                      enactment of this section, and every 3 years thereafter, the Director
                                      shall provide to the relevant committees of Congress a strategic plan
                                      describing how ARPA–H will carry out investments each fiscal year
                                      in the following 3-year period.
                                        (n) INDEPENDENT REVIEW.—Not later than 1 year after the date
                                      of the enactment of this section, and every 3 years thereafter, the
                                      Comptroller General of the United States shall conduct an inde-
                                      pendent review of the research portfolio of the Department of Health
                                      and Human Services, including ARPA–H, the National Institutes of
                                      Health, the Food and Drug Administration, and the Biomedical Ad-
                                      vanced Research and Development Authority—
                                             (1) to assess the degree of unnecessary duplication of existing
                                           Federal programs and projects; and




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                                              (2) to make recommendations regarding any potential reorga-
                                           nization, consolidation, or termination of such programs and
                                           projects.
                                        (o) PRIORITIZATION.—The Director shall—
                                              (1) prioritize awarding grants, cooperative agreements, con-
                                           tracts, prizes, and other transaction awards to domestic recipi-
                                           ents conducting the research on transformative health tech-
                                           nology in the United States;
                                              (2) as appropriate and practicable, ensure that nondomestic
                                           recipients of any grants, cooperative agreements, contracts,
                                           prizes, and other transactions under this section are conducting
                                           research in collaboration with a domestic recipient;
                                              (3) not award any grants, cooperative agreements, contracts,
                                           prizes, and other transactions to nondomestic recipients subject
                                           to malign foreign influence or organized under the laws of a
                                           malign foreign country; and
                                              (4) in accordance with the requirements of chapter 33 of title
                                           41, United States Code, and the Federal Acquisition Regula-
                                           tion, only award grants, cooperative agreements, contracts,
                                           prizes, and other transactions to individual persons that do not
                                           have more than 3 ongoing concurrent grants, cooperative agree-
                                           ments, contracts, prizes, and other transactions under this sec-
                                           tion.
                                        (p) ADDITIONAL CONSULTATION.—In carrying out this section, the
                                      Director may consult with—
                                              (1) the President’s Council of Advisors on Science and Tech-
                                           nology;
                                              (2) peers in the scientific community, including academia and
                                           industry;
                                              (3) an existing advisory committee providing advice to the
                                           Secretary or the head of any operating or staff division of the
                                           Department;
                                              (4) a new interagency research council organized to support
                                           the programs of ARPA–H and to provide advice and assistance
                                           on—
                                                   (A) specific program tasks; or
                                                   (B) the overall direction of ARPA–H; and
                                              (5) any other entity the Director may deem appropriate.
                                        (q) ARPA–H INTERAGENCY RESEARCH COUNCIL.—
                                              (1) IN GENERAL.—The Director shall establish an interagency
                                           advisory committee to be known as the ARPA–H Interagency
                                           Research Council (referred to in this subsection as the ‘‘Re-
                                           search Council’’).
                                              (2) MEMBERSHIP.—The Research Council may include any or
                                           all of the following members, or designees:
                                                   (A) The Director of the National Institutes of Health.
                                                   (B) The Director of National Center for Advancing
                                                Translational Sciences.
                                                   (C) The Director of Office of Science and Technology Pol-
                                                icy.
                                                   (D) The Commissioner of Food and Drugs.
                                                   (E) The Director of the Biomedical Advanced Research
                                                and Development Authority.
                                                   (F) The Director of the Centers for Disease Control and
                                                Prevention.




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                                                   (G) The Administrator of the Centers for Medicare &
                                                Medicaid Services.
                                                   (H) The Director of the Agency for Healthcare Research
                                                and Quality.
                                                   (I) The Director of the Office of Minority Health.
                                                   (J) The Administrator of the Health Resources and Serv-
                                                ices Administration.
                                                   (K) The Director of the Defense Advanced Research
                                                Projects Agency.
                                                   (L) The Director of the National Science Foundation.
                                                   (M) The Director of the Office of Science of the Depart-
                                                ment of Energy.
                                                   (N) The Director of the Advanced Research Projects Agen-
                                                cy–Energy.
                                                   (O) The Assistant Secretary for Preparedness and Re-
                                                sponse.
                                                   (P) Representatives of any Federal agency with subject
                                                matter expertise that the Director determines is necessary
                                                for the successful completion of a project carried out pursu-
                                                ant to this section.
                                                   (Q) Any other entity the Director may deem appropriate.
                                             (3) DUTIES.—The Research Council shall advise the Director,
                                           including by—
                                                   (A) making recommendations on—
                                                         (i) research priorities that will provide the greatest
                                                      return on investment with respect to improving human
                                                      health;
                                                         (ii) avoiding duplication of efforts in the Federal
                                                      Government; and
                                                         (iii) improving coordination with other Federal agen-
                                                      cies; and
                                                   (B) identifying and developing strategies to address regu-
                                                latory, reimbursement, and market barriers to commer-
                                                cialization or adoption of transformative health tech-
                                                nologies, including technologies intended to preempt serious
                                                disease.
                                             (4) ADVISORY NATURE.—The function of the Research Council
                                           shall be advisory in nature. Nothing in this subsection shall be
                                           construed as granting the Research Council authority over any
                                           activities or functions of ARPA–H.
                                             (5) MEETINGS.—Not later than 1 year after the date of the en-
                                           actment of this section, and every fiscal year thereafter, the Di-
                                           rector shall convene meetings of the Research Council, includ-
                                           ing conferences or workshops, as needed. The Research Council
                                           may function through established or ad hoc committees, task
                                           forces, or interagency groups to—
                                                   (A) share information on health innovations funded by
                                                ARPA–H; and
                                                   (B) receive input on areas of particular promise for
                                                ARPA–H projects.
                                        (r) TECHNOLOGY TRANSFER OFFICE.—The Director may establish
                                      within ARPA–H an Office of Technology Transfer to facilitate,
                                      where appropriate, the transfer of federally-owned or federally-origi-
                                      nated technology to recipients of an award under this section (other
                                      than Federal Government entities).




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                                                                                          26

                                        (s) FOLLOW-ON PRODUCTION AWARD AUTHORITY.—
                                             (1) IN GENERAL.—An other transaction entered into by the Di-
                                           rector under subsection (h)(1) for a project may provide for the
                                           award of a follow-on production contract or transaction to the
                                           participants in the transaction by ARPA–H or another Federal
                                           agency. For purposes of this paragraph, such an other trans-
                                           action includes all individual subprojects awarded under the
                                           transaction to a consortium of United States industry and aca-
                                           demic institutions.
                                             (2) RELATION TO COMPETITIVE PROCEDURES.—A follow-on
                                           production contract or transaction under paragraph (1) may be
                                           awarded to the participants in the transaction without the use
                                           of competitive procedures (as defined in section 152 of title 41,
                                           United States Code), notwithstanding the requirements of divi-
                                           sion C of subtitle I of such title 41, if—
                                                  (A) competitive procedures were used for the selection of
                                                parties for participation in the other transaction; and
                                                  (B) the participants in the other transaction successfully
                                                completed the project provided for in the transaction.
                                             (3) PRECONDITION.—A follow-on production contract or trans-
                                           action may be awarded pursuant to this subsection when the
                                           Director determines that an individual project or subproject as
                                           part of a consortium is successfully completed by the partici-
                                           pants.
                                             (4) CLARIFICATION.—Award of a follow-on production con-
                                           tract or transaction pursuant to this subsection shall not be
                                           made contingent upon the successful completion of all activities
                                           within a consortium as a condition for an award for follow-on
                                           production of a successfully completed project or subproject
                                           within that consortium.
                                             (5) OTHER AUTHORITIES.—Contracts and transactions entered
                                           into by ARPA–H pursuant to this subsection may be awarded
                                           pursuant to division C of subtitle I of title 41, United States
                                           Code, or under such procedures, terms, and conditions as the
                                           Director or head of such agency may establish by regulation.
                                        (t) RULE OF CONSTRUCTION.—The authorities under this section,
                                      with respect to the Director, are additional authorities that do not
                                      supersede or modify any existing authorities.
                                        (u) DEFINITIONS.—In this part:
                                             (1) ADVANCED PROOFS OF CONCEPT.—The term ‘‘advanced
                                           proofs of concept’’ means data, a prototype, or other experi-
                                           mental evidence that—
                                                  (A) may precede the development of transformative health
                                                technologies; and
                                                  (B) demonstrates the feasibility of a new concept.
                                             (2) BIOLOGICAL PRODUCT.—The term ‘‘biological product’’ has
                                           the meaning given such term in section 351(i).
                                             (3) DEPARTMENT.—The term ‘‘Department’’ means the Depart-
                                           ment of Health and Human Services.
                                             (4) DRUG; DEVICE.—The terms ‘‘drug’’ and ‘‘device’’ have the
                                           meanings given such terms in section 201 of the Federal Food,
                                           Drug, and Cosmetic Act.
                                             (5) FEDERAL ACQUISITION REGULATION.—The term ‘‘Federal
                                           Acquisition Regulation’’ means the Federal Acquisition Regula-




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                                                                                          27

                                          tion issued pursuant to section 1303(a)(1) of title 41, United
                                          States Code.
                                              (6) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the
                                          meaning given such term in section 3371 of title 5, United
                                          States Code.
                                              (7) PRIZE.—The term ‘‘prize’’ means a prize as such term is
                                          used in section 24 of the Stevenson-Wydler Technology Innova-
                                          tion Act of 1980.
                                              (8) TRANSFORMATIVE HEALTH TECHNOLOGY.—The term
                                          ‘‘transformative health technology’’ means a drug, biological
                                          product, intervention, platform, tool, or device—
                                                  (A) that should be prioritized to detect, diagnose, miti-
                                                gate, prevent, cure, or treat a serious disease or medical
                                                condition for which there are unmet needs; and
                                                  (B) for which—
                                                       (i) significant scientific uncertainty and regulatory
                                                    risk exist; or
                                                       (ii) incentives in the commercial market are unlikely
                                                    to result in the adequate or timely development of such
                                                    drug, biological product, intervention, platform, tool, or
                                                    device.
                                        (v) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
                                      be appropriated $500,000,000 for each of fiscal years 2023 through
                                      2027, to remain available until expended.
                                                  *           *            *              *            *          *           *

                                                                                          Æ




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