Sec. 103. Additional provisions related to the Centers for Disease Control and Prevention
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Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by inserting after section 305, as added by section 102, the following: Unless otherwise specified in statute, the heads of the centers or institutes of the Centers for Disease Control and Prevention shall be appointed by the Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this section as the Director ). Each such individual shall be appointed for 5 years. At the end of a 5-year term, an individual appointed under paragraph
(1)shall be reappointed in accordance with standards applicable to the relevant appointment mechanism and as determined by the Secretary, as applicable. There shall be no limit on the number of terms that any individual appointed under this subsection may serve. If the position of a head of a center or institute described in paragraph
(1)becomes vacant before the end of a term, the head of such center or institute appointed to fill the vacancy shall be appointed for a 5-year term starting on the date of such appointment. Each such individual who is serving on the date of enactment of the PREVENT Pandemics Act shall be deemed to be appointed for a 5-year term under this subsection beginning on such date of enactment. The Secretary may exempt the head of a center or institute from the 5-year term described in subparagraph
(A)if such Secretary determines such exemption is necessary in order to hire or retain talented individuals. Nothing in this subsection shall be construed to limit the authority of the Secretary or the Director to terminate the appointment of a head of a center or institute described in paragraph
(1)before the expiration of such individual’s 5-year term. Appointments and reappointments under this subsection shall be made on the basis of ability and experience as it relates to the mission of the Centers for Disease Control and Prevention and its components, including compliance with relevant legal requirements. In carrying out activities of the Centers for Disease Control and Prevention, the Director may enter into transactions other than a contract, grant, or cooperative agreement for purposes of biosurveillance, infectious disease modeling, and public health preparedness and response, including related research. With respect to a project that is expected to cost the Centers for Disease Control and Prevention more than $5,000,000, the Director may exercise the authority under paragraph
(1)only upon a written determination by the Assistant Secretary for Financial Resources of the Department of Health and Human Services, that the use of such authority is essential to promoting the success of the project. The authority of the Assistant Secretary for Financial Resources under this paragraph may not be delegated. The Director, in consultation with the Secretary, shall establish guidelines regarding the use of the authority under paragraph (1). Such guidelines shall include auditing requirements. .
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Sec. 103
Additional provisions related to the Centers for Disease Control and Prevention
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