II 111th CONGRESS 2d Session S. 3140 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.

1.

Short title

This Act may be cited as the Biosecurity and Vaccine Development Improvement Act of 2010.

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:

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.

.