under section 9903 of such title are com-
pensated, 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. 
‘‘(B) SPECIAL CONSULTANTS.—In carrying 
out this section, the Secretary may— 
‘‘(i) appoint special consultants pursu-
ant to section 207(f); and 
‘‘(ii) accept voluntary and uncompen-
sated services. 
‘‘(c) 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 funded by 
the Secretary that reveal vulnerabilities of exist-
ing medical or public health defenses against bio-
logical, chemical, nuclear, or radiological threats. 
Such information shall be deemed to be informa-
tion described in section 552(b)(3) of title 5, 
United States Code. 
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‘‘(B) OVERSIGHT.—Information subject to 
nondisclosure under subparagraph (A) shall be 
reviewed by the Secretary every 5 years to deter-
mine the relevance or necessity of continued non-
disclosure. 
‘‘(2) FEDERAL ADVISORY COMMITTEE ACT.—Sec-
tion 14 of the Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to a working group of 
BARDA or to the National Biodefense Science Board 
under section 319M. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out advanced research and development 
under this section, there are authorized to be appropriated 
$160,000,000 for each of the fiscal years 2007 and 2008. 
Such authorizations are in addition to other authorizations 
of appropriations that are available for such purpose. 
Amounts appropriated under the preceding sentence are 
available until expended. 
‘‘(e) DEFINITIONS.—For purposes of this section: 
‘‘(1) BARDA.—The term ‘BARDA’ means the 
Biomedical Advanced Research and Development Au-
thority. 
‘‘(2) OTHER
TRANSACTIONS.—The term ‘other 
transactions’ means transactions, other than procure-
ment contracts, grants, and cooperative agreements, 
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such as the Secretary of Defense may enter into under 
section 2371 of title 10, United States Code. 
‘‘(3) QUALIFIED COUNTERMEASURE.—The term 
‘qualified countermeasure’ has the meaning given 
such term in section 319F–1. 
‘‘(4) QUALIFIED PANDEMIC OR EPIDEMIC PROD-
UCT.—The term ‘qualified pandemic or epidemic 
product’ has the meaning given the term in section 
319F–3. 
‘‘(5) 
ADVANCED
RESEARCH
AND
DEVELOP-
MENT.— 
‘‘(A) IN GENERAL.—The term ‘advanced re-
search and development’ means, with respect to 
a product that is or may become a qualified 
countermeasure or a qualified pandemic or epi-
demic product, activities that predominantly— 
‘‘(i) are conducted after basic research 
and preclinical development of the product; 
and 
‘‘(ii) are related to manufacturing the 
product on a commercial scale and in a 
form that satisfies the regulatory require-
ments under the Federal Food, Drug, and 
Cosmetic Act or under section 351 of this 
Act. 
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‘‘(B) ACTIVITIES
INCLUDED.—The term 
under subparagraph (A) includes— 
‘‘(i) testing of the product to determine 
whether the product may be approved, 
cleared, or licensed under the Federal Food, 
Drug, and Cosmetic Act or under section 
351 of this Act for a use that is or may be 
the basis for such product becoming a quali-
fied countermeasure or qualified pandemic 
or epidemic product, or to help obtain such 
approval, clearance, or license; 
‘‘(ii) design and development of tests or 
models, including animal models, for such 
testing; 
‘‘(iii) activities to facilitate manufac-
ture of the product on a commercial scale 
with consistently high quality, as well as to 
improve and make available new tech-
nologies to increase manufacturing surge 
capacity; 
‘‘(iv) activities to improve the shelf-life 
of the product or technologies for admin-
istering the product; and 
‘‘(v) such other activities as are part of 
the advanced stages of testing, refinement, 
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improvement, or preparation of the product 
for such use and as are specified by the Sec-
retary. 
‘‘(6) RESEARCH TOOL.—The term ‘research tool’ 
means a device, technology, biological material, rea-
gent, animal model, computer system, computer soft-
ware, or analytical technique that is developed to as-
sist in the discovery, development, or manufacture of 
qualified countermeasures or qualified pandemic or 
epidemic products. 
‘‘(7) PROGRAM MANAGER.—The term ‘program 
manager’ means an individual appointed to carry 
out functions under this section and authorized to 
provide project oversight and management of strategic 
initiatives. 
‘‘(8) PERSON.—The term ‘person’ includes an in-
dividual, partnership, corporation, association, enti-
ty, or public or private corporation, and a Federal, 
State, or local government agency or department. 
‘‘SEC. 319M. NATIONAL BIODEFENSE SCIENCE BOARD AND 
WORKING GROUPS. 
‘‘(a) IN GENERAL.— 
‘‘(1) ESTABLISHMENT AND FUNCTION.—The Sec-
retary shall establish the National Biodefense Science 
Board (referred to in this section as the ‘Board’) to 
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