H.R.767 - Fast-Track Logistics for Acquiring Supplies in a Hurry Act of 2025; FLASH Act of 2025 (119th Congress)
Summary
H.R. 767, the FLASH Act of 2025, aims to amend the Public Health Service Act, granting the Biomedical Advanced Research and Development Authority (BARDA) expanded authority. This includes awarding follow-on production contracts, procuring supplies for experimental purposes, and acquiring innovative commercial products and services. The bill seeks to expedite the acquisition of necessary supplies during public health emergencies.
Expected Effects
The bill will likely streamline the process by which BARDA can respond to public health crises. It allows for quicker access to medical countermeasures and innovative technologies. The act also reduces the reliance on traditional competitive bidding processes in certain circumstances.
Potential Benefits
- Faster response to public health emergencies due to streamlined procurement processes.
- Encourages innovation in medical countermeasures by allowing BARDA to acquire innovative commercial products and services.
- Enables follow-on production contracts, ensuring a stable supply of critical resources.
- Allows for procurement of supplies for experimental purposes, fostering research and development.
- Enhances national health security by improving the availability of medical countermeasures.
Potential Disadvantages
- Reduced competitive bidding may lead to higher costs or less efficient use of taxpayer money.
- The broad authority granted to the Secretary could be subject to abuse or political influence.
- The $100,000,000 threshold for congressional notification may not be sufficient oversight for large contracts.
- Potential for conflicts of interest if follow-on production contracts are awarded without sufficient transparency.
- The definition of 'innovative' may be too broad, leading to the acquisition of products that are not truly novel or effective.
Constitutional Alignment
The bill appears to align with the Constitution's mandate to "provide for the common defence" and "promote the general Welfare" (Preamble). Congress has the power to legislate in areas of public health and national security under Article I, Section 8, which grants it the power to provide for the general Welfare of the United States. The Act does not appear to infringe on any specific individual rights or liberties protected by the Bill of Rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).