Page:United States Statutes at Large Volume 121.djvu/913

 121 STAT. 892

PUBLIC LAW 110–85—SEPT. 27, 2007

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‘‘(B) action is taken as necessary to enable the licensing of inventions developed by the Foundation or with funds from the Foundation; and ‘‘(C) executed licenses, memoranda of understanding, material transfer agreements, contracts, and other such instruments, promote, to the maximum extent practicable, the broadest conversion to commercial and noncommercial applications of licensed and patented inventions of the Foundation to further the goals and priorities established under paragraph (2); ‘‘(8) provide objective clinical and scientific information to the Food and Drug Administration and, upon request, to other Federal agencies to assist in agency determinations of how to ensure that regulatory policy accommodates scientific advances and meets the agency’s public health mission; ‘‘(9) conduct annual assessments of the unmet needs identified in paragraph (1); and ‘‘(10) carry out such other activities consistent with the purposes of the Foundation as the Board determines appropriate. ‘‘(d) BOARD OF DIRECTORS.— ‘‘(1) ESTABLISHMENT.— ‘‘(A) IN GENERAL.—The Foundation shall have a Board of Directors (referred to in this subchapter as the ‘Board’), which shall be composed of ex officio and appointed members in accordance with this subsection. All appointed members of the Board shall be voting members. ‘‘(B) EX OFFICIO MEMBERS.—The ex officio members of the Board shall be the following individuals or their designees: ‘‘(i) The Commissioner. ‘‘(ii) The Director of the National Institutes of Health. ‘‘(iii) The Director of the Centers for Disease Control and Prevention. ‘‘(iv) The Director of the Agency for Healthcare Research and Quality. ‘‘(C) APPOINTED MEMBERS.— ‘‘(i) IN GENERAL.—The ex officio members of the Board under subparagraph (B) shall, by majority vote, appoint to the Board 14 individuals, of which 9 shall be from a list of candidates to be provided by the National Academy of Sciences and 5 shall be from lists of candidates provided by patient and consumer advocacy groups, professional scientific and medical societies, and industry trade organizations. Of such appointed members— ‘‘(I) 4 shall be representatives of the general pharmaceutical, device, food, cosmetic, and biotechnology industries; ‘‘(II) 3 shall be representatives of academic research organizations; ‘‘(III) 2 shall be representatives of patient or consumer advocacy organizations; ‘‘(IV) 1 shall be a representative of health care providers; and

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