[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 767 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 767
To amend the Public Health Service Act to authorize the Biomedical
Advanced Research and Development Authority to award follow-on
production contracts or transactions, procure supplies for experimental
or test purposes, and acquire innovative commercial products and
commercial services, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2025
Mr. Garcia of California introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to authorize the Biomedical
Advanced Research and Development Authority to award follow-on
production contracts or transactions, procure supplies for experimental
or test purposes, and acquire innovative commercial products and
commercial services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fast-Track Logistics for Acquiring
Supplies in a Hurry Act of 2025'' or the ``FLASH Act of 2025''.
SEC. 2. AUTHORITY TO AWARD FOLLOW-ON PRODUCTION CONTRACTS OR
TRANSACTIONS, PROCURE SUPPLIES FOR EXPERIMENTAL OR TEST
PURPOSES, AND ACQUIRE INNOVATIVE COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES.
Section 319L of the Public Health Service Act (42 U.S.C. 247d-7e)
is amended--
(1) in subsection (a)(6)(B), by amending clause (ii) to
read as follows:
``(ii) design and development of--
``(I) tests and prototypes,
including obtaining sufficient
quantities for evaluation of such tests
and prototypes; and
``(II) models, including animal
models, for such testing and
prototypes;''; and
(2) in subsection (c)(5)--
(A) in subparagraph (A)--
(i) by redesignating clause (iv) as clause
(v); and
(ii) by inserting after clause (iii) the
following new clause:
``(iv) Follow-on production contracts or
transactions.--
``(I) In general.--A transaction
entered into under this subparagraph
for the design or development of a
prototype may provide for the award of
a follow-on production contract or
transaction to the participants in the
transaction.
``(II) Prototype subprojects.--A
transaction entered into under this
subparagraph includes all prototype
subprojects awarded under the
transaction to carry out authorities
under this section.
``(III) Exception to competitive
procedures.--Notwithstanding clause
(ii), a follow-on production contract
or transaction provided for in a
transaction under this clause may be
awarded to the participants in the
transaction without the use of
competitive procedures, even if
explicit notification was not listed
within the request for proposal for the
transaction, if competitive procedures
were used for the selection of parties
for participation in the initial
transaction.''; and
(B) by adding at the end the following new
subparagraphs:
``(I) Procurement for experimental or test
purposes.--
``(i) In general.--The Secretary may
purchase medical countermeasures, products, and
supplies, chemical materials and reagents,
manufacturing supplies, protective equipment,
and such other supplies, including parts and
accessories, and designs thereof, as the
Secretary determines necessary for experimental
or test purposes in the development of supplies
that are necessary for national public health
and health security.
``(ii) Procedures.--Notwithstanding
subparagraph (A)(ii), the Secretary may make
purchases under this subparagraph by contract,
or by entering into a transaction other than a
contract, using noncompetitive procedures.
``(J) Acquisition of innovative commercial products
and commercial services using general solicitation
competitive procedures.--
``(i) In general.--Notwithstanding
subparagraph (A)(ii), the Secretary may acquire
innovative commercial products and commercial
services through a competitive selection of
proposals resulting from a general solicitation
and the peer review of such proposals.
``(ii) Treatment as competitive
procedures.--Use of general solicitation
competitive procedures under clause (i) shall
be considered to be use of competitive
procedures for purposes of chapter 33 of title
41, United States Code.
``(iii) Limitations.--
``(I) Transactions in excess of
$100,000,000.--The Secretary may not
enter into a contract or agreement in
excess of $100,000,000 using the
authority under clause (i), unless the
Secretary makes a written determination
of the efficacy of the effort to meet
mission needs of the Department of
Health and Human Services.
``(II) Fixed-price.--Contracts or
agreements entered into using the
authority under clause (i) shall be
fixed-price, including fixed-price
incentive contracts.
``(iv) Congressional notification
required.--
``(I) Submission.--Not later than
45 days after the award of a contract
for an amount exceeding $100,000,000
using the authority under clause (i),
the Secretary shall provide
notification of such award to the
Committee on Energy and Commerce and
the Committee on Appropriations of the
House of Representatives, and the
Committee on Health, Education, Labor,
and Pensions and the Committee on
Appropriations of the Senate.
``(II) Contents.--Notification of
an award under subclause (I) shall
include the following:
``(aa) Description of the
innovative commercial product
or commercial service acquired.
``(bb) Description of the
requirement, capability gap, or
potential technological
advancement with respect to
which the innovative commercial
product or commercial service
acquired provides a solution or
a potential new capability.
``(cc) Amount of the
contract awarded.
``(dd) Identification of
the contractor awarded the
contract.
``(v) Innovative defined.--In this
subparagraph, the term `innovative', with
respect to a commercial product or commercial
service, means--
``(I) any technology, process, or
method, including research and
development, that is new as of the date
of submission of a proposal; or
``(II) with respect to a
technology, process, or method,
including research and development,
existing as of the date of submission
of a proposal, any application of such
technology, process, or method that is
new to the Federal Government as of
such date.''.
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