H.R. 767 (119th)Bill Overview

FLASH Act of 2025

Health|Advanced technology and technological innovationsCongressional oversight
Cosponsors
Support
Democratic
Introduced
Jan 28, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the House Committee on Energy and Commerce.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

Amends section 319L of the Public Health Service Act to expand BARDA authorities: allow follow-on production contracts to prototype participants without new competition, permit procurement of supplies for experimental or test purposes using noncompetitive procedures, and authorize acquiring innovative commercial products and services via general solicitation with competitive proposal review. Adds limits and requirements: fixed-price contracts, a $100 million threshold requiring a written determination and congressional notification, and a definition of "innovative." Also clarifies prototypes include tests, prototypes, and animal models.

Why people may split

Speed versus competition: liberals/centrists value speed; conservatives worry about noncompetitive awards

Watch point

Relative to its intended legislative type, this bill amends existing Public Health Service Act procurement authorities in a focused way: it provides specific legal mechanisms to allow follow-on production awards, experimental/test purchases, and acquisition of 'innovative' commercial products via general solicitation, and it incorporates several procedural limits (fixed-price, $100M threshold with written determination, congressional notification).

Amends section 319L of the Public Health Service Act to expand BARDA authorities: allow follow-on production contracts to prototype participants without new competition, permit procurement of supplies for experimental or test purposes using noncompetitive procedures, and authorize acquiring innovative commercial products and services via general solicitation with competitive proposal review.

Adds limits and requirements: fixed-price contracts, a $100 million threshold requiring a written determination and congressional notification, and a definition of "innovative." Also clarifies prototypes include tests, prototypes, and animal models.

Passage45/100

Technical, limited-scope modernization of BARDA authorities improves speed; passage aided by bipartisan norms but depends on legislative vehicle and oversight concerns.

CredibilityPartially aligned

Relative to its intended legislative type, this bill amends existing Public Health Service Act procurement authorities in a focused way: it provides specific legal mechanisms to allow follow-on production awards, experimental/test purchases, and acquisition of 'innovative' commercial products via general solicitation, and it incorporates several procedural limits (fixed-price, $100M threshold with written determination, congressional notification).

Contention55/100

Speed versus competition: liberals/centrists value speed; conservatives worry about noncompetitive awards

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Likely helpedLikely burdened

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitSpeeds transition from prototypes to production, reducing time to deploy medical countermeasures.
  • Potential benefitEnables rapid purchase of experimental supplies and prototypes for testing and development.
  • Potential benefitEncourages private investment by allowing follow-on awards to initial participants without rebidding.
Likely burdened
  • Potential burdenAuthorizes noncompetitive follow-on awards, potentially reducing market competition and favoring incumbents.
  • Potential burdenExpanded noncompetitive procurement authorities increase risks of higher costs and reduced value for money.
  • Potential burdenOnly awards over $100 million trigger mandatory congressional notice, limiting transparency for smaller large contracts.
03 · Why people split

Why the argument around this bill splits.

Speed versus competition: liberals/centrists value speed; conservatives worry about noncompetitive awards
Progressive75%

Generally supportive of faster, more flexible federal tools to speed medical countermeasure development and public health preparedness, while wary of corporate capture and transparency gaps.

Sees potential public health benefits but would push for safeguards on pricing, access, and equitable distribution.

Leans supportive
Centrist70%

Cautiously favorable: pragmatic improvement to government procurement speed and flexibility for biodefense and public health.

Appreciates built-in limits and congressional notification but wants strong oversight, clear cost controls, and accountability rules.

Leans supportive
Conservative30%

Skeptical of expanding executive procurement authority and noncompetitive award exceptions; worries about increased federal discretion and potential waste.

Might accept efficiency gains but demands stricter limits, competition, and congressional control over large expenditures.

Likely resistant
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood45/100

Technical, limited-scope modernization of BARDA authorities improves speed; passage aided by bipartisan norms but depends on legislative vehicle and oversight concerns.

Scope and complexity
52%
Scopemoderate
52%
Complexitymedium
Why this could stall
  • No cost estimate or CBO score included
  • Potential pushback over noncompetitive follow-on awards
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Speed versus competition: liberals/centrists value speed; conservatives worry about noncompetitive awards

Technical, limited-scope modernization of BARDA authorities improves speed; passage aided by bipartisan norms but depends on legislative ve…

Unlocked analysis

Relative to its intended legislative type, this bill amends existing Public Health Service Act procurement authorities in a focused way: it provides specific legal mechanisms to allow follow-on production awards, experi…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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