[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 484 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 484

    To make certain amendments to the Homeland Security Act of 2002.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2003

    Mr. Ose (for himself, Mr. Houghton, Mr. Castle, and Mr. Leach) 
    introduced the following bill; which was referred to the Select 
 Committee on Homeland Security, and in addition to the Committees on 
Energy and Commerce, Science, and Government Reform, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
    To make certain amendments to the Homeland Security Act of 2002.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SCIENCE AND TECHNOLOGY.

    The Homeland Security Act of 2002 (Public Law 107-296) is amended--
            (1) in section 308, by striking subsections (a) through 
        (c)(1) and inserting in lieu thereof the following:
    ``(a) In General.--The Secretary, acting through the Under 
Secretary for Science and Technology, shall carry out the 
responsibilities under section 302(4) through both extramural and 
intramural programs.
    ``(b) Extramural Programs.--
            ``(1) In general.--The Secretary, acting through the Under 
        Secretary for Science and Technology, shall operate extramural 
        research, development, demonstration, testing, and evaluation 
        programs so as to--
                    ``(A) ensure that colleges, universities, private 
                research institutes, and companies (and consortia 
                thereof) from as many areas of the United States as 
                practicable participate;
                    ``(B) ensure that the research funded is of high 
                quality, as determined through merit review processes 
                developed under section 302(14); and
                    ``(C) distribute funds through grants, cooperative 
                agreements, and contracts.
            ``(2) University-based centers for homeland security.--
                    ``(A) Designation.--The Secretary, acting through 
                the Under Secretary for Science and Technology, shall 
                designate a university-based center or several 
                university-based centers for homeland security. The 
                purpose of the center or these centers shall be to 
                establish a coordinated, university-based system to 
                enhance the Nation's homeland security.
                    ``(B) Criteria for designation.--Criteria for the 
                designation of colleges or universities as a center for 
                homeland security, shall include, but are not limited 
                to, demonstrated expertise in the following:
                            ``(i) The training of first responders.
                            ``(ii) Responding to incidents involving 
                        weapons of mass destruction and biological 
                        warfare.
                            ``(iii) Emergency and diagnostic medical 
                        services.
                            ``(iv) Chemical, biological, radiological, 
                        and nuclear countermeasures or detection.
                            ``(v) Animal and plant health and 
                        diagnostics.
                            ``(vi) Food safety.
                            ``(vii) Water and wastewater operations.
                            ``(viii) Port and waterway security.
                            ``(ix) Multi-modal transportation.
                            ``(x) Information security and information 
                        engineering.
                            ``(xi) Engineering.
                            ``(xii) Educational outreach and technical 
                        assistance.
                            ``(xiii) Border transportation and 
                        security.
                            ``(xiv) The public policy implications and 
                        public dissemination of homeland security 
                        related research and development.
                    ``(C) Discretion of secretary.--With respect to the 
                designation of any given university-based center for 
                homeland security, the Secretary may except certain 
                criteria as specified in section 308(b)(2)(B) to the 
                extent they are unnecessary to further homeland 
                security interests for the purpose of that designation, 
                and consider additional criteria beyond those specified 
                in section 308(b)(2)(B) if necessary to meet the needs 
                of homeland security. Upon designation of a university-
                based center for homeland security, the Secretary shall 
                that day publish in the Federal Register the criteria 
                that were excepted or added in the selection 
process and the justification for the set of criteria that were used 
for that designation.
                    ``(D) Report to congress.--The Secretary shall 
                report annually, from the date of enactment, to 
                Congress concerning the implementation of this section. 
                That report shall indicate which center or centers have 
                been designated and how the designation or designations 
                enhance homeland security, as well as report any 
                decisions to revoke or modify such designations.
                    ``(E) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as may be 
                necessary to carry out this paragraph.
    ``(c) Intramural Programs.--
            ``(1) Consultation.--In carrying out the duties under 
        section 302, the Secretary, acting through the Under Secretary 
        for Science and Technology, may draw upon the expertise of any 
        laboratory of the Federal Government, whether operated by a 
        contractor or the Government.''; and
            (2) in subsection 835(d) by striking all after the word 
        ``security'' and inserting in lieu thereof a period.

SEC. 2. NON-PREJUDICIAL REPEAL OF SECTIONS 1714 THROUGH 1717 OF THE 
              HOMELAND SECURITY ACT OF 2002.

    (a) Repeal.--In accordance with subsection (c), sections 1714 
through 1717 of the Homeland Security Act of 2002 (Public Law 107-296) 
are repealed.
    (b) Application of the Public Health Service Act.--The Public 
Health Service Act (42 U.S.C. 201 et seq.) shall be applied and 
administered as if the sections repealed by subsection (a) had never 
been enacted.
    (c) Rule of Construction.--No inference shall be drawn from the 
enactment of sections 1714 through 1717 of the Homeland Security Act of 
2002 (Public Law 107-296), or from this repeal, regarding the law prior 
to enactment of sections 1714 through 1717 of the Homeland Security Act 
of 2002 (Public Law 107-296). Further, no inference shall be drawn that 
subsection (a) or (b) effects any change in that prior law, or that 
Leroy v. Secretary of Health and Human Services, Office of Special 
Master, No. 02-392V (October 11, 2002), was incorrectly decided.
    (d) Sense of the House of Representatives.--It is the sense of the 
House of Representatives that--
            (1) the Nation's ability to produce and develop new and 
        effective vaccines faces significant challenges, and important 
        steps are needed to revitalize our immunization efforts in 
        order to ensure an adequate supply of vaccines and to encourage 
        the development of new vaccines;
            (2) these steps include ensuring that patients who have 
        suffered vaccine-related injuries have the opportunity to seek 
        fair and timely redress, and that vaccine manufacturers, 
        manufacturers of components or ingredients of vaccines, and 
        physicians and other administrators of vaccines have adequate 
        protections;
            (3) prompt action is particularly critical given that 
        vaccines are a front line of defense against common childhood 
        and adult diseases, as well as against current and future 
        biological threats; and
            (4) not later than 6 months after the date of the enactment 
        of this Act, the Committee on Energy and Commerce should report 
        a bill addressing the issues described in paragraphs (1) 
        through (3).

SEC. 3. WAIVERS RELATING TO CONTRACTS WITH CORPORATE EXPATRIATES.

    Section 835 of the Homeland Security Act of 2002 (Public Law 107-
296) is amended by striking subsection (d) and inserting the following:
    ``(d) Waivers.--The Secretary shall waive subsection (a) with 
respect to any specific contract if the Secretary determines that the 
waiver is required in the interest of homeland security.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect as though enacted 
as part of the Homeland Security Act of 2002 (Public Law 107-296).
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