FLASH Act of 2025
- Bill Number
- H.R. 767
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-01-28: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2025-03-01T14:35:45Z
AI-Generated Summary
Purpose
The FLASH Act of 2025 aims to enhance the Biomedical Advanced Research and Development Authority (BARDA), a part of the U.S. Department of Health and Human Services (HHS), by expanding its procurement powers. This allows BARDA to more quickly and flexibly acquire medical supplies, prototypes, and innovative products needed for public health emergencies, such as pandemics or bioterrorism threats, without always relying on lengthy competitive bidding processes.
Key Provisions
- Follow-on Production Contracts: BARDA can award contracts or agreements for producing prototypes (initial test versions) and then directly follow up with production contracts to the same participants, skipping new competitive bidding if the original selection was competitive. This includes all subprojects under the initial agreement.
- Procurement for Experimental or Test Purposes: BARDA is authorized to buy medical countermeasures (like vaccines or treatments), supplies, equipment, and related materials for testing and development using non-competitive methods. These purchases support creating essential items for national health security.
- Acquisition of Innovative Commercial Products and Services:
- BARDA can use a "general solicitation" process, where it broadly invites proposals and selects winners through peer review, treating this as competitive under federal rules.
- Contracts over $100 million require a written justification from the HHS Secretary on how they meet departmental needs.
- All such contracts must be fixed-price (a set cost, possibly with incentives for performance).
- For awards over $100 million, BARDA must notify Congress within 45 days, detailing the product/service, the problem it solves, contract amount, and contractor.
- "Innovative" is defined as new technologies, processes, or methods (including research), or new applications of existing ones to the federal government.
Significant Changes to Existing Law
The bill amends Section 319L of the Public Health Service Act (which governs BARDA's operations):
- Expands BARDA's design and development authority to explicitly include creating and obtaining quantities of tests, prototypes, and models (e.g., animal models) for evaluation.
- Adds exceptions to standard competitive procurement rules (under federal acquisition laws like Chapter 33 of Title 41, U.S. Code), allowing non-competitive follow-ons, experimental purchases, and general solicitations for innovative items—previously, these required stricter bidding in most cases.
- Introduces new subparagraphs (I) and (J) to subsection (c)(5), formalizing these streamlined processes while adding safeguards like congressional notifications and price limits.
Potential Impacts
- Government Agencies: BARDA and HHS gain faster tools to stockpile and develop health security items, potentially reducing response times during crises (e.g., faster vaccine production). This could lower costs and bureaucracy but requires careful oversight to avoid waste.
- Citizens: Improves national preparedness for health threats, leading to quicker access to countermeasures like treatments or protective gear, enhancing public safety without direct cost to individuals.
- International Relations: Minimal direct impact, though faster U.S. acquisition of global health innovations could strengthen partnerships in international health responses (e.g., with WHO or allies during outbreaks).
Main Stakeholders Affected
- BARDA and HHS: Primary beneficiaries, with expanded authority to act swiftly.
- Contractors and Innovators: Commercial companies, especially those developing new medical technologies, gain easier access to federal contracts without full competition.
- Congress: Committees on Energy and Commerce, Health, Education, Labor, and Pensions, and Appropriations receive notifications for large deals, enabling oversight.
- Public Health Sector: Researchers, manufacturers, and suppliers involved in prototypes and testing benefit from simplified procurement.
Notable Legal, Constitutional, or Political Implications
- Legal: Aligns with federal procurement laws by deeming new processes "competitive," but introduces non-competitive exceptions that could face challenges if seen as favoring certain contractors. Fixed-price requirements and justifications promote accountability.
- Constitutional: Supports Congress's power to regulate commerce and provide for public welfare (Article I, Section 8), without raising major separation-of-powers issues.
- Political: Enhances executive flexibility in health emergencies (post-COVID lessons), but congressional notifications ensure legislative checks, potentially sparking debates on transparency versus speed in spending taxpayer funds. No overt partisan elements in the bill text.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-01-28: Referred to the House Committee on Energy and Commerce.
- 2025-01-28: Introduced in House
- 2025-01-28: Introduced in House
Bill Versions
- Fast-Track Logistics for Acquiring Supplies in a Hurry Act of 2025 — issued 2025-01-28 — PDF (8 pages)