Repeals provisions of the Act which amend the Public Health Service Act to revise definitions of vaccine, vaccine manufacturer, and vaccine-related injury or death.
Expresses the sense of the House of Representatives that the Committee on Energy and Commerce should report a bill addressing: (1) revitalizing immunization efforts by ensuring an adequate supply of vaccines and encouraging the development of new vaccines; and (2) ensuring that patients who have suffered vaccine-related injuries have an opportunity for fair redress and that vaccine manufacturers, physicians, and other administrators have adequate protections.
Removes the authority of the Secretary to waive a prohibition on contracts with corporate expatriates when the Secretary determines that the waiver will prevent either the loss of jobs in the United States or costs that the Government otherwise would not occur.
[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).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Homeland Security (Select), 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.
Referred to the Committee on Homeland Security (Select), 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.
Referred to the Committee on Homeland Security (Select), 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.
Referred to the Committee on Homeland Security (Select), 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.
Referred to the Committee on Homeland Security (Select), 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.
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Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.