‘‘(d) AUTHORITY
FOR PERSONAL SERVICES CON-
TRACTS.—
‘‘(1) IN
GENERAL.—For the purpose of per-
forming, administering, and 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 period 
of service and on pay) the personal services of experts 
or consultants who have scientific or other profes-
sional qualifications, except that in no case shall the 
compensation provided to any such expert or consult-
ant exceed the daily equivalent of the annual 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, re-
sulting from performance of functions under such 
contract. 
‘‘(B) EXCLUSIVITY OF REMEDY.—The rem-
edy provided by subparagraph (A) shall be exclu-
sive 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 INSTITUTED.—
‘‘(A) IN GENERAL.—The Secretary shall in-
stitute appropriate internal controls for con-
tracts under this subsection, including proce-
dures for the Secretary to make a determination 
of whether a person, or an officer, employee, 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 Sec-
retary under subparagraph (A) that a person, or 
an officer, employee, or governing board member 
of a person, is or is not deemed to be an em-
ployee of the Department of Health and Human 
Services shall be final and binding on the Sec-
retary and the Attorney General and other par-
ties 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 re-
gard to the provisions of chapter 51 and subchapter 
III of chapter 53 of such title relating to classification 
and General Schedule pay rates, appoint professional 
and technical employees, not to exceed 30 such em-
ployees at any time, to positions in the National In-
stitutes of Health to perform, administer, or support 
qualified countermeasure research and development 
activities in carrying out this section. 
‘‘(2) INTERNAL CONTROLS TO BE INSTITUTED.—
The Secretary shall institute appropriate internal 
controls for appointments under this subsection.
‘‘(f) ACTIONS COMMITTED TO AGENCY DISCRETION.—
Actions by the Secretary under the authority of this section 
are committed to agency discretion. 
‘‘(g) EFFECT ON RIGHT TO FILE PROTEST.—Nothing 
in this section shall affect the right of an interested party 
to file a protest with the contracting agency, to file a protest 
with the Comptroller General under subchapter V of chapter 
35 of title 31, United States Code, or to file an action in 
the United States Court of Federal Claims under section 
1491(b) of title 28, United States Code.’’.
(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 Di-
rector of the National Institute of Allergy and Infec-
tious 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 Cen-
ter’’; and 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by striking ‘‘subsection 
(i)’’ and inserting ‘‘subsection (i)(1)’’;
(3) in subsection (d), by inserting ‘‘or the Direc-
tor of the National Institute of Allergy and Infectious 
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 Cen-
ter’’; and 
(C) in paragraph (4), by inserting ‘‘of the 
Center or the Director of the National Institute 
of Allergy and Infectious Diseases’’ after ‘‘Direc-
tor’’; 
(5) in subsection (f)—