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to award a contract for a procurement de-
scribed in paragraph (1) of this subsection. 
‘‘(ii) An authorization under section 
3553(d)(3)(C) of such title to perform a 
contract for a procurement described in 
paragraph (1) of this subsection. 
‘‘(c) AUTHORITY TO EXPEDITE PEER REVIEW.—
‘‘(1) IN GENERAL.—The Secretary may, as the 
Secretary determines necessary to respond to press-
ing qualified countermeasure research and develop-
ment needs under this section, employ such expe-
dited peer review procedures (including consultation 
with appropriate scientific experts) as the Secretary, 
in consultation with the Director of NIH, deems ap-
propriate to obtain assessment of scientific and tech-
nical merit and likely contribution to the field of 
qualified countermeasure research, in place of the 
peer review and advisory council review procedures 
that would be required under sections 301(a)(3), 
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 
494, as applicable to a grant, contract, or coopera-
tive agreement—
‘‘(A) that is for performing, administering, 
or supporting qualified countermeasure research 
and development activities; and
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‘‘(B) the amount of which is not greater 
than $1,500,000. 
‘‘(2) SUBSEQUENT
PHASES
OF
RESEARCH.—
The Secretary’s determination of whether to employ 
expedited peer review with respect to subsequent 
phases of a research grant, contract, or cooperative 
agreement under this section shall be determined 
without regard to the peer review procedures used 
for any prior peer review of that same grant, con-
tract, or cooperative agreement. 
‘‘(d) AUTHORITY
FOR PERSONAL SERVICES CON-
TRACTS.—
‘‘(1) IN GENERAL.—For the purpose of per-
forming, administering, or supporting qualified 
countermeasure research and development activities, 
the Secretary may, as the Secretary determines nec-
essary to respond to pressing qualified counter-
measure research and development needs under this 
section, obtain by contract (in accordance with sec-
tion 3109 of title 5, United States Code, but without 
regard to the limitations in such section on the pe-
riod of service and on pay) the personal services of 
experts or consultants who have scientific or other 
professional qualifications, except that in no case 
shall the compensation provided to any such expert
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or consultant exceed the daily equivalent of the an-
nual rate of compensation for the President. 
‘‘(2) FEDERAL TORT CLAIMS ACT COVERAGE.—
‘‘(A) IN GENERAL.—A person carrying out 
a contract under paragraph (1), and an officer, 
employee, or governing board member of such 
person, shall be deemed to be an employee of 
the Department of Health and Human Services 
for purposes of claims under sections 1346(b) 
and 2672 of title 28, United States Code, for 
money damages for personal injury, including 
death, resulting from performance of functions 
under such contract. 
‘‘(B) EXCLUSIVITY
OF
REMEDY.—The 
remedy provided by subparagraph (A) shall be 
exclusive of any other civil action or proceeding 
by reason of the same subject matter against 
the person, officer, employee, or governing 
board member. 
‘‘(3) INTERNAL
CONTROLS
TO
BE
INSTI-
TUTED.—
‘‘(A) IN
GENERAL.—The Secretary shall 
institute appropriate internal controls for con-
tracts under this subsection, including proce-
dures for the Secretary to make a determina-
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tion of whether a person, or an officer, em-
ployee, or governing board member of a person, 
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-
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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)—
(A) by inserting ‘‘or the Director of the 
National Institute of Allergy and Infectious 
Diseases’’ after ‘‘Director of the Center’’; and
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(B) by inserting ‘‘, or in the case of the In-
stitute, to any qualified public or private enti-
ty,’’ after ‘‘private entities’’; 
(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
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(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
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(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 each of the fiscal years 2003 and 
2004.’’. 
(c) ADDITIONAL AUTHORITY.—Section 319F of the 
Public Health Service Act (42 U.S.C. 247d–6) is amend-
ed—
(1) by redesignating subsections (i) and (j) as 
subsections (j) and (k), respectively; and 
(2) by inserting after subsection (h) the fol-
lowing subsection: 
‘‘(i) PRIORITY COUNTERMEASURES FOR STRATEGIC 
NATIONAL STOCKPILE.—
‘‘(1) IN GENERAL.—The Secretary, taking into 
consideration any recommendations of the working 
group under subsection (a), may initiate and sustain 
a program that results in the delivery of priority 
countermeasures for placement in the stockpile 
under section 319F–2. 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.—
For the purpose of carrying out paragraph (1), there
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are authorized to be appropriated such sums as may 
be necessary for each of the fiscal years 2004 
through 2013.’’. 
(d) ADDITIONAL AUTHORIZATIONS OF APPROPRIA-
TIONS.—Section 2106 of the Public Health Service Act 
(42 U.S.C. 300aa–6) is amended—
(1) in subsection (a), by striking ‘‘authorized to 
be appropriated’’ and all that follows and inserting 
the following: ‘‘authorized to be appropriated such 
sums as may be necessary for each of the fiscal 
years 2004 through 2013.’’; and 
(2) in subsection (b), by striking ‘‘authorized to 
be appropriated’’ and all that follows and inserting 
the following: ‘‘authorized to be appropriated such 
sums as may be necessary for each of the fiscal 
years 2004 through 2013.’’. 
(e) TECHNICAL AMENDMENTS.—Section 319F of the 
Public Health Service Act (42 U.S.C. 247d–6) is amend-
ed—
(1) in subsection (a), by inserting ‘‘the Sec-
retary of Homeland Security,’’ after ‘‘Management 
Agency,’’; and 
(2) in subsection (h)(4)(B), by striking ‘‘to di-
agnose conditions’’ and inserting ‘‘to treat, identify, 
or prevent conditions’’.
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(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion has any legal effect on sections 302(2), 302(4), 
304(a), or 304(b) of the Homeland Security Act of 2002. 
SEC. 3. BIOMEDICAL COUNTERMEASURES PROCUREMENT. 
(a) ADDITIONAL AUTHORITY REGARDING STRATEGIC 
NATIONAL STOCKPILE.—
(1) TRANSFER OF PROGRAM.—Section 121 of 
the Public Health Security and Bioterrorism Pre-
paredness and Response Act of 2002 (116 Stat. 
611; 42 U.S.C. 300hh–12) is transferred from such 
Act to the Public Health Service Act, is redesignated 
as section 319F–2, and is inserted after section 
319F–1 of the Public Health Service Act (as added 
by section 2 of this Act). 
(2) ADDITIONAL AUTHORITY.—Section 319F–2 
of the Public Health Service Act, as added by para-
graph (1), is amended to read as follows: 
‘‘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,
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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); 
‘‘(B) ensure that adequate procedures are 
followed with respect to such stockpile for in-
ventory management and accounting, and for 
the physical security of the stockpile; 
‘‘(C) in consultation with Federal, State, 
and local officials, take into consideration the 
timing and location of special events; 
‘‘(D) review and revise, as appropriate, the 
contents of the stockpile on a regular basis to 
ensure that emerging threats, advanced tech-
nologies, and new countermeasures are ade-
quately considered;