Page:United States Statutes at Large Volume 121.djvu/914

 PUBLIC LAW 110–85—SEPT. 27, 2007

121 STAT. 893

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‘‘(V) 4 shall be at-large members with expertise or experience relevant to the purpose of the Foundation. ‘‘(ii) REQUIREMENTS.— ‘‘(I) EXPERTISE.—The ex officio members shall ensure the Board membership includes individuals with expertise in areas including the sciences of developing, manufacturing, and evaluating the safety and effectiveness of devices, including diagnostics, biologics, and drugs, and the safety of food, food ingredients, and cosmetics. ‘‘(II) FEDERAL EMPLOYEES.—No employee of the Federal Government shall be appointed as a member of the Board under this subparagraph or under paragraph (3)(B). ‘‘(D) INITIAL MEETING.— ‘‘(i) IN GENERAL.—Not later than 30 days after the date of the enactment of this subchapter, the Secretary shall convene a meeting of the ex officio members of the Board to— ‘‘(I) incorporate the Foundation; and ‘‘(II) appoint the members of the Board in accordance with subparagraph (C). ‘‘(ii) SERVICE OF EX OFFICIO MEMBERS.—Upon the appointment of the members of the Board under clause (i)(II)— ‘‘(I) the terms of service of the Director of the Centers for Disease Control and Prevention and of the Director of the Agency for Healthcare Research and Quality as ex officio members of the Board shall terminate; and ‘‘(II) the Commissioner and the Director of the National Institutes of Health shall continue to serve as ex officio members of the Board, but shall be nonvoting members. ‘‘(iii) CHAIR.—The ex officio members of the Board under subparagraph (B) shall designate an appointed member of the Board to serve as the Chair of the Board. ‘‘(2) DUTIES OF BOARD.—The Board shall— ‘‘(A) establish bylaws for the Foundation that— ‘‘(i) are published in the Federal Register and available for public comment; ‘‘(ii) establish policies for the selection of the officers, employees, agents, and contractors of the Foundation; ‘‘(iii) establish policies, including ethical standards, for the acceptance, solicitation, and disposition of donations and grants to the Foundation and for the disposition of the assets of the Foundation, including appropriate limits on the ability of donors to designate, by stipulation or restriction, the use or recipient of donated funds; ‘‘(iv) establish policies that would subject all employees, fellows, and trainees of the Foundation to the conflict of interest standards under section 208 of title 18, United States Code;

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