[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3140 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3140

   To grant the Secretary of Health and Human Services authority to 
design, construct, and operate facilities for the purpose of developing 
 and producing biological products in order to meet critical national 
     needs for such biological products, in response to potential 
         bioterrorist attacks or naturally occurring pathogens.


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                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2010

Mr. Specter (for himself and Mr. Casey) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To grant the Secretary of Health and Human Services authority to 
design, construct, and operate facilities for the purpose of developing 
 and producing biological products in order to meet critical national 
     needs for such biological products, in response to potential 
         bioterrorist attacks or naturally occurring pathogens.

    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 ``Biosecurity and Vaccine Development 
Improvement Act of 2010''.

SEC. 2. DEVELOPMENT AND PRODUCTION OF BIOLOGICAL PRODUCTS.

    Subpart 1 of part F of title III of the Public Health Service Act 
(42 U.S.C. 262 et seq.) is amended by adding at the end the following:

``SEC. 352A. DEVELOPMENT AND PRODUCTION OF BIOLOGICAL PRODUCTS.

    ``(a) In General.--The Secretary may design, construct, and operate 
one or more facilities for the purpose of developing and producing 
biological products to meet critical national needs for such biological 
products, in response to potential bioterrorist attacks or to naturally 
occurring pathogens, for which the Secretary determines that private 
industry has not devoted adequate development effort, or has not 
produced adequate stocks of, such needed biological products.
    ``(b) Competitive Award.--In carrying out the authority described 
in subsection (a), the Secretary--
            ``(1) shall ensure that there is competition and may 
        establish a public-private partnership to design, construct, 
        own, and operate a facility described in subsection (a); and
            ``(2) may use the authority to enter into other 
        transactions under section 319L to establish such a 
        facility.''.
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