[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3794 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3794

  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

                              June 5, 2023

 Mr. Robert 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 2023'' or the ``FLASH Act of 2023''.

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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