Page:United States Statutes at Large Volume 118.djvu/869

 118 STAT. 839 PUBLIC LAW 108–276—JULY 21, 2004 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494, as applicable to a grant, contract, or cooperative agreement— ‘‘(A) that is for performing, administering, or sup porting qualified countermeasure research and develop ment activities; and ‘‘(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 any 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, contract, or cooperative agreement. Nothing in the preceding sentence may be construed to impose any requirement with respect to peer review not otherwise required under any other law or regulation. ‘‘(d) AUTHORITY FOR PERSONAL SERVICES CONTRACTS.— ‘‘(1) IN GENERAL.—For the purpose of performing, admin istering, or supporting qualified countermeasure research and development activities, the Secretary may, as the Secretary determines necessary to respond to pressing qualified counter measure research and development needs under this section, obtain by contract (in accordance with section 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 professional qualifications, except that in no case shall the compensation provided to any such expert or consultant 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, subject to a determina tion by the Secretary, be deemed to be an employee of the Department of Health and Human Services for pur poses 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 func tions 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 entity involved (person, officer, employee, or governing board member) for any act or omission within the scope of the Federal Tort Claims Act. ‘‘(C) RECOURSE IN CASE OF GROSS MISCONDUCT OR CON TRACT VIOLATION.— ‘‘(i) IN GENERAL.—Should payment be made by the United States to any claimant bringing a claim under this paragraph, either by way of administrative deter mination, settlement, or court judgment, the United States shall have, notwithstanding any provision of State law, the right to recover against any entity identified in subparagraph (B) for that portion of the damages so awarded or paid, as well as interest and any costs of litigation, resulting from the failure of

�