PUBLIC LAW 109–417—DEC. 19, 2006
120 STAT. 2871
‘‘(ii) MANNER OF EXERCISE OF AUTHORITY.—The authority provided for in this subparagraph shall be exercised subject to the same limitations described in section 319F–1(e)(2). ‘‘(iii) TERM OF APPOINTMENT.—The term limitations described in section 9903(c) of title 5, United States Code, shall apply to appointments under this subparagraph, except that the references to the ‘Secretary’ and to the ‘Department of Defense’s national security missions’ shall be deemed to be to the Secretary of Health and Human Services and to the mission of the Department of Health and Human Services under this section. ‘‘(B) SPECIAL CONSULTANTS.—In carrying out this section, the Secretary may appoint special consultants pursuant to section 207(f). ‘‘(C) LIMITATION.— ‘‘(i) IN GENERAL.—The Secretary may hire up to 100 highly qualified individuals, or up to 50 percent of the total number of employees, whichever is less, under the authorities provided for in subparagraphs (A) and (B). ‘‘(ii) REPORT.—The Secretary shall report to Congress on a biennial basis on the implementation of this subparagraph. ‘‘(d) FUND.— ‘‘(1) ESTABLISHMENT.—There is established the Biodefense Medical Countermeasure Development Fund, which shall be available to carry out this section in addition to such amounts as are otherwise available for this purpose. ‘‘(2) FUNDING.—To carry out the purposes of this section, there are authorized to be appropriated to the Fund— ‘‘(A) $1,070,000,000 for fiscal years 2006 through 2008, the amounts to remain available until expended; and ‘‘(B) such sums as may be necessary for subsequent fiscal years, the amounts to remain available until expended. ‘‘(e) INAPPLICABILITY OF CERTAIN PROVISIONS.— ‘‘(1) DISCLOSURE.— ‘‘(A) IN GENERAL.—The Secretary shall withhold from disclosure under section 552 of title 5, United States Code, specific technical data or scientific information that is created or obtained during the countermeasure and product advanced research and development carried out under subsection (c) that reveals significant and not otherwise publicly known vulnerabilities of existing medical or public health defenses against biological, chemical, nuclear, or radiological threats. Such information shall be deemed to be information described in section 552(b)(3) of title 5, United States Code. ‘‘(B) REVIEW.—Information subject to nondisclosure under subparagraph (A) shall be reviewed by the Secretary every 5 years, or more frequently as determined necessary by the Secretary, to determine the relevance or necessity of continued nondisclosure. ‘‘(C) SUNSET.—This paragraph shall cease to have force or effect on the date that is 7 years after the date of
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