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

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

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).

END