118 STAT. 840 PUBLIC LAW 108–276—JULY 21, 2004 any such entity to carry out any obligation or responsi bility assumed by such entity under a contract with the United States or from any grossly negligent or reckless conduct or intentional or willful misconduct on the part of such entity. ‘‘(ii) VENUE.—The United States may maintain an action under this subparagraph against such entity in the district court of the United States in which such entity resides or has its principal place of busi ness. ‘‘(3) INTERNAL CONTROLS TO BE INSTITUTED.— ‘‘(A) IN GENERAL.—The Secretary shall institute appro priate internal controls for contracts under this subsection, including procedures for the Secretary to make a deter mination 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 STATUS TO BE FINAL.—A determination by the Secretary under subpara graph (A) that a person, or an officer, employee, or gov erning 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 CONTRACTS LIMITED.— The number of experts and consultants 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 Secretary determines necessary to respond to pressing qualified countermeasure research and development needs under this section, without regard to those provisions of title 5, United States Code, gov erning appointments in the competitive service, and without regard 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 employees at any time, to positions in the National Institutes of Health to perform, admin ister, or support qualified countermeasure research and development activities in carrying out this section. ‘‘(2) LIMITATIONS.—The authority provided for under para graph (1) shall be exercised in a manner that— ‘‘(A) recruits and appoints individuals based solely on their abilities, knowledge, and skills; ‘‘(B) does not discriminate for or against any applicant for employment on any basis described in section 2302(b)(1) of title 5, United States Code; ‘‘(C) does not allow an official to appoint an individual who is a relative (as defined in section 3110(a)(3) of such title) of such official; ‘‘(D) does not discriminate for or against an individual because of the exercise of any activity described in para graph (9) or (10) of section 2302(b) of such title; and Procedures.
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