119-hr767

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 767 Introduced in House

    (IH) ]

<DOC>

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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