is deemed to be an employee of the Department 
of Health and Human Services pursuant to 
paragraph (2). 
‘‘(B) DETERMINATION OF EMPLOYEE STA-
TUS
TO
BE
FINAL.—A determination by the 
Secretary under subparagraph (A) that a per-
son, or an officer, employee, or governing board 
member of a person, is or is not deemed to be 
an employee of the Department of Health and 
Human Services shall be final and binding on 
the Secretary and the Attorney General and 
other parties to any civil action or proceeding. 
‘‘(4) NUMBER
OF
PERSONAL
SERVICES
CON-
TRACTS LIMITED.—The number of experts and con-
sultants whose personal services are obtained under 
paragraph (1) shall not exceed 30 at any time. 
‘‘(e) STREAMLINED PERSONNEL AUTHORITY.—
‘‘(1) IN GENERAL.—In addition to any other 
personnel authorities, the Secretary may, as the Sec-
retary determines necessary to respond to pressing 
qualified countermeasure research and development 
needs under this section, without regard to such pro-
visions of title 5, United States Code, governing ap-
pointments in the competitive service, and without 
regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, ap-
point professional and technical employees, not to 
exceed 30 such employees at any time, to positions 
in the National Institutes of Health to perform, ad-
minister, or support qualified countermeasure re-
search and development activities in carrying out 
this section. 
‘‘(2) INTERNAL
CONTROLS
TO
BE
INSTI-
TUTED.—The Secretary shall institute appropriate 
internal controls for appointments under this sub-
section. 
‘‘(f) ACTIONS COMMITTED
TO AGENCY DISCRE-
TION.—Actions by the Secretary under the authority of 
this section are committed to agency discretion.’’. 
(b) TECHNICAL AMENDMENT.—Section 481A of the 
Public Health Service Act (42 U.S.C. 287a–2) is amend-
ed—
(1) in subsection (a)(1), by inserting ‘‘or the 
Director of the National Institute of Allergy and In-
fectious Diseases’’ after ‘‘Director of the Center’’; 
(2) in subsection (c)—
(A) in paragraph (1), by inserting ‘‘or the 
Director of the National Institute of Allergy
and Infectious Diseases’’ after ‘‘Director of the 
Center’’; and 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by striking ‘‘sub-
section (i)’’ and inserting ‘‘subsection (i)(1)’’; 
(3) in subsection (d), by inserting ‘‘or the Di-
rector of the National Institute of Allergy and Infec-
tious Diseases’’ after ‘‘Director of the Center’’; 
(4) in subsection (e)—
(A) in paragraph (1)—
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘or the Director of 
the National Institute of Allergy and Infec-
tious Diseases’’ after ‘‘Director of the Cen-
ter’’; 
(ii) in subparagraph (A), by inserting 
‘‘(or, in the case of the Institute, 75 per-
cent)’’ after ‘‘50 percent’’; and 
(iii) in subparagraph (B), by inserting 
‘‘(or, in the case of the Institute, 75 per-
cent)’’ after ‘‘40 percent’’; 
(B) in paragraph (2), by inserting ‘‘or the 
Director of the National Institute of Allergy 
and Infectious Diseases’’ after ‘‘Director of the 
Center’’; and
(C) in paragraph (4), by inserting ‘‘of the 
Center or the Director of the National Institute 
of Allergy and Infectious Diseases’’ after ‘‘Di-
rector’’; 
(5) in subsection (f)—
(A) in paragraph (1), by inserting ‘‘in the 
case of an award by the Director of the Cen-
ter,’’ before ‘‘the applicant’’; and 
(B) in paragraph (2), by inserting ‘‘of the 
Center or the Director of the National Institute 
of Allergy and Infectious Diseases’’ after ‘‘Di-
rector’’; and 
(6) in subsection (i)—
(A) by striking ‘‘APPROPRIATIONS.—For 
the purpose of carrying out this section,’’ and 
inserting the following: ‘‘APPROPRIATIONS.—
‘‘(1) CENTER.—For the purpose of carrying out 
this section with respect to the Center,’’; and 
(B) by adding at the end the following: 
‘‘(2) NATIONAL INSTITUTE OF ALLERGY AND 
INFECTIOUS
DISEASES.—For the purpose of car-
rying out this section with respect to the National 
Institute of Allergy and Infectious Diseases, there 
are authorized to be appropriated such sums as may 
be necessary for fiscal year 2003.’’.
SEC. 3. BIOMEDICAL COUNTERMEASURES PROCUREMENT. 
(a) IN GENERAL.—Part B of title III of the Public 
Health Service Act, as amended by section 2 of this Act, 
is amended by inserting after section 319F–1 the fol-
lowing section: 
‘‘SEC. 319F–2. STRATEGIC NATIONAL STOCKPILE. 
‘‘(a) STRATEGIC NATIONAL STOCKPILE.—
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security (referred to in this section as the ‘Home-
land Security Secretary’), in coordination with the 
Secretary and the Secretary of Veterans Affairs, 
shall maintain a stockpile or stockpiles of drugs, vac-
cines and other biological products, medical devices, 
and other supplies in such numbers, types, and 
amounts as are determined by the Secretary to be 
appropriate and practicable, taking into account 
other available sources, to provide for the emergency 
health security of the United States, including the
emergency health security of children and other vul-
nerable populations, in the event of a bioterrorist at-
tack or other public health emergency. 
‘‘(2) PROCEDURES.—The Secretary, in man-
aging the stockpile under paragraph (1), shall—
‘‘(A) consult with the working group under 
section 319F(a);