Page:United States Statutes at Large Volume 121.djvu/915

 121 STAT. 894

PUBLIC LAW 110–85—SEPT. 27, 2007

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‘‘(v) establish licensing, distribution, and publication policies that support the widest and least restrictive use by the public of information and inventions developed by the Foundation or with Foundation funds to carry out the duties described in paragraphs (6) and (7) of subsection (c), and may include charging cost-based fees for published material produced by the Foundation; ‘‘(vi) specify principles for the review of proposals and awarding of grants and contracts that include peer review and that are consistent with those of the Foundation for the National Institutes of Health, to the extent determined practicable and appropriate by the Board; ‘‘(vii) specify a cap on administrative expenses for recipients of a grant, contract, or cooperative agreement from the Foundation; ‘‘(viii) establish policies for the execution of memoranda of understanding and cooperative agreements between the Foundation and other entities, including the Food and Drug Administration; ‘‘(ix) establish policies for funding training fellowships, whether at the Foundation, academic or scientific institutions, or the Food and Drug Administration, for scientists, doctors, and other professionals who are not employees of regulated industry, to foster greater understanding of and expertise in new scientific tools, diagnostics, manufacturing techniques, and potential barriers to translating basic research into clinical and regulatory practice; ‘‘(x) specify a process for annual Board review of the operations of the Foundation; and ‘‘(xi) establish specific duties of the Executive Director; ‘‘(B) prioritize and provide overall direction to the activities of the Foundation; ‘‘(C) evaluate the performance of the Executive Director; and ‘‘(D) carry out any other necessary activities regarding the functioning of the Foundation. ‘‘(3) TERMS AND VACANCIES.— ‘‘(A) TERM.—The term of office of each member of the Board appointed under paragraph (1)(C) shall be 4 years, except that the terms of offices for the initial appointed members of the Board shall expire on a staggered basis as determined by the ex officio members. ‘‘(B) VACANCY.—Any vacancy in the membership of the Board— ‘‘(i) shall not affect the power of the remaining members to execute the duties of the Board; and ‘‘(ii) shall be filled by appointment by the appointed members described in paragraph (1)(C) by majority vote. ‘‘(C) PARTIAL TERM.—If a member of the Board does not serve the full term applicable under subparagraph (A), the individual appointed under subparagraph (B) to fill

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