Board
(1) Composition (A) The Foundation shall have a Board of Directors (hereafter referred to in this section 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) The ex officio members of the Board shall be— (i) the Chairman and ranking minority member of the Subcommittee on Health and the Environment (Committee on Energy and Commerce) or their designees, in the case of the House of Representatives; (ii) the Chairman and ranking minority member of the Committee on Labor and Human Resources or their designees, in the case of the Senate; (iii) the Director of the National Institutes of Health; and (iv) the Commissioner of Food and Drugs. (C) The ex officio members of the Board under subparagraph (B) shall appoint to the Board individuals from among a list of candidates to be provided by the National Academy of Science. Such appointed members shall include— (i) representatives of the general biomedical field; (ii) representatives of experts in pediatric medicine and research; (iii) representatives of the general biobehavioral field, which may include experts in biomedical ethics; and (iv) representatives of the general public, which may include representatives of affected industries. (D) (i) Not later than 30 days after June 10, 1993 , the Director of the National Institutes of Health shall convene a meeting of the ex officio members of the Board to— (I) incorporate the Foundation and establish the general policies of the Foundation for carrying out the purposes of subsection (b), including the establishment of the bylaws of the Foundation; and (II) appoint the members of the Board in accordance with subparagraph (C). (ii) Upon the appointment of the appointed members of the Board under clause (i)(II), the terms of service as members of the Board of the ex officio members of the Board described in clauses (i) and (ii) of subparagraph (B) shall terminate. The ex officio members of the Board described in clauses (iii) and (iv) of subparagraph (B) shall continue to serve as ex officio members of the Board. (E) The agreement of not less than three-fifths of the members of the ex officio members of the Board shall be required for the appointment of each member to the initial Board. (F) No employee of the National Institutes of Health shall be appointed as a member of the Board. (G) The Board may, through amendments to the bylaws of the Foundation, provide that the number of appointed members of the Board shall be greater than the number specified in subparagraph (C).