in effect on the day before the date of enactment of the 
Revenue Reconciliation Act of 1990). 
SEC. 8. DEVELOPMENT AND DISSEMINATION OF MODEL 
STATE LAWS AND INCENTIVES. 
The Secretary of Health and Human Services, acting 
jointly with the Secretary of Commerce, shall— 
(1) not less than 24 months after the enact-
ment of this Act, conduct a survey of current State 
laws and incentives that support research and devel-
opment of qualified infectious disease products; 
(2) based on the results of the survey and an 
analysis of the effectiveness of such laws and incen-
tives, develop recommendations for model State laws 
and incentives to support research and development 
of qualified infectious disease products; and 
(3) disseminate the model State laws and incen-
tives to State legislatures and State economic devel-
opment offices. 
SEC. 9. COMMISSION ON INFECTIOUS DISEASES PRODUCT 
DEVELOPMENT. 
Part B of title III of the Public Health Service Act 
(42 U.S.C. 243 et seq.) is amended by inserting after sec-
tion 319E the following: 
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‘‘SEC. 319E–1. COMMISSION ON INFECTIOUS DISEASES 
PRODUCT DEVELOPMENT. 
‘‘(a) ESTABLISHMENT.—There is established a per-
manent commission to be known as the ‘Commission on 
Infectious Diseases Product Development’. 
‘‘(b) DUTIES.—The Commission shall— 
‘‘(1) not later than the end of calendar year 
2008, identify the infectious pathogens that are (or 
are likely to become) a significant threat to public 
health because of drug resistance or other factors; 
‘‘(2) taking into consideration the risks and 
benefits to public health, make recommendations to 
the Secretary on how best to address such patho-
gens, including through the development of qualified 
infectious disease products to prevent, detect, and 
treat such pathogens; and 
‘‘(3) periodically review and update the list of 
pathogens identified under paragraph (1). 
‘‘(c) CONSULTATION.—In carrying out this section, 
the Commission shall consult with— 
‘‘(1) the Antimicrobial Resistance Task Force 
established under section 319–E; and 
‘‘(2) the National Biodefense Science Board es-
tablished under section 319M. 
‘‘(d) MEMBERSHIP.— 
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‘‘(1) IN GENERAL.—The Commission shall be 
composed of— 
‘‘(A) not more than 19 voting members ap-
pointed by the President under paragraph (2); 
and 
‘‘(B) the nonvoting ex officio members list-
ed in paragraph (3). 
‘‘(2) VOTING MEMBERS.—The President shall 
appoint not more than 19 voting members of the 
Commission as follows: 
‘‘(A) 12 of the voting members shall be ap-
pointed from among the leading representatives 
(including individuals in industry) of the infec-
tious disease medical, research, pharmaceutical, 
and biological communities. 
‘‘(B) 7 of the voting members— 
‘‘(i) shall be appointed from among 
the general public; and 
‘‘(ii) shall include leaders in the fields 
of public policy, law, health policy, econom-
ics, and management. 
‘‘(3) NONVOTING EX OFFICIO MEMBERS.—The 
Commission shall include the following nonvoting ex 
officio members: 
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‘‘(A) The Secretary of Homeland Security 
(or the Secretary’s designee). 
‘‘(B) The Secretary of Health and Human 
Services (or the Secretary’s designee). 
‘‘(C) The Director of the National Insti-
tutes of Health (or the Director’s designee). 
‘‘(D) The Commissioner of Food and 
Drugs (or the Commissioner’s designee). 
‘‘(E) The Director of the Centers for Dis-
ease Control and Prevention (or the Director’s 
designee). 
‘‘(F) The Assistant Secretary of Defense 
for Health Affairs (or the Assistant Secretary’s 
designee). 
‘‘(G) The Under Secretary for Health of 
the Department of Veterans Affairs (or the 
Under Secretary’s designee). 
‘‘(H) The Secretary of Agriculture (or the 
Secretary’s designee). 
‘‘(I) Such additional ex officio members as 
the Secretary determines necessary for the 
Commission to carry out its functions. 
‘‘(4) TERMS.—Each member appointed under 
paragraph (2) shall be appointed for a term of 6 
years. 
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‘‘(5) VACANCIES.—Any member appointed to 
fill a vacancy occurring before the expiration of the 
term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of 
that term. A member may serve after the expiration 
of that member’s term until a successor has taken 
office. A vacancy in the Commission shall be filled 
in the manner in which the original appointment was 
made. 
‘‘(6) BASIC PAY.— 
‘‘(A) RATES
OF
PAY.—Members of the 
Commission who are officers or employees of 
the United States shall not receive any com-
pensation for service on the Commission. The 
other members of the Commission shall receive, 
for each day (including travel time) they are en-
gaged in the performance of the functions of 
the Commission, compensation at rates not to 
exceed the daily equivalent of the annual rate in 
effect for grade GS–15 of the General Schedule. 
‘‘(B) TRAVEL EXPENSES.—Each member 
of the Commission shall receive travel expenses, 
including per diem in lieu of subsistence, in ac-
cordance with applicable provisions under sub-
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chapter I of chapter 57 of title 5, United States 
Code. 
‘‘(7) CHAIRPERSON.—The Chairperson of the 
Commission shall be a representative of the infec-
tious disease medical or research community selected 
by the President from among the members ap-
pointed under paragraph (2). The term of office of 
the Chairperson shall be 2 years. 
‘‘(8) MEETINGS.—The Commission shall meet 
at the call of the Chairperson of the Commission or 
the Secretary, but not less than 4 times each year. 
‘‘(e) DIRECTOR AND STAFF OF COMMISSION; EX-
PERTS AND CONSULTANTS.— 
‘‘(1) DIRECTOR.—The Commission shall have a 
Director who shall be appointed by the Commission. 
‘‘(2) STAFF.—The Director of the Commission 
may appoint such additional personnel as the Direc-
tor considers appropriate. 
‘‘(3) APPLICABILITY OF CERTAIN CIVIL SERV-
ICES LAWS.—The Director and staff of the Commis-
sion shall be appointed without regard to the provi-
sions of title 5, United States Code, governing ap-
pointments in the competitive service, and shall be 
paid without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of that title relat-
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