I 

114TH CONGRESS 

1ST SESSION H. R. 2435 

To amend the Federal Food, Drug, and Cosmetic Act with regard to the 

Reagan-Udall Foundation. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2015 

Mrs. BLACKBURN introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Federal Food, Drug, and Cosmetic Act with 

regard to the Reagan-Udall Foundation. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REAGAN-UDALL FOUNDATION FOR THE FOOD 

4 AND DRUG ADMINISTRATION. 

5 (a) BOARD OF DIRECTORS.— 

6 (1) COMPOSITION AND SIZE.—Section 

7 770(d)(1)(C) of the Federal Food, Drug, and Cos8 metic Act (21 U.S.C. 379dd(d)(1)(C)) is amended— 

9 (A) by redesignating clause (ii) as clause 

10 (iii); 


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1 (B) by inserting after clause (i) the fol2 lowing: 

3 ‘‘(ii) ADDITIONAL MEMBERS.—The 

4 Board, through amendments to the bylaws 

5 of the Foundation, may provide that the 

6 number of voting members of the Board 

7 shall be a number (to be specified in such 

8 amendment) greater than 14. Any Board 

9 positions that are established by any such 

10 amendment shall be appointed (by majority 

11 vote) by the individuals who, as of the date 

12 of such amendment, are voting members of 

13 the Board and persons so appointed may 

14 represent any of the categories specified in 

15 subclauses (I) through (V) of clause (i), so 

16 long as no more than 30 percent of the 

17 total voting members of the Board (includ18 ing members whose positions are estab19 lished by such amendment) are representa20 tives of the general pharmaceutical, device, 

21 food, cosmetic, and biotechnology indus22 tries.’’; and 

23 (C) in clause (iii)(I), as redesignated by 

24 subparagraph (A), by striking ‘‘The ex officio 

25 members shall ensure’’ and inserting ‘‘The ex 


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1 officio members, acting pursuant to clause (i), 

2 and the Board, acting pursuant to clause (ii), 

3 shall ensure’’. 

4 (2) FEDERAL EMPLOYEES ALLOWED TO SERVE

5 ON BOARD.—Clause (iii)(II) of section 770(d)(1)(C) 

6 of the Federal Food, Drug, and Cosmetic Act (21 

7 U.S.C. 379dd(d)(1)(C)), as redesignated by para8 graph (1)(A), is amended by adding at the end the 

9 following: ‘‘For purposes of this section, the term 

10 ‘employee of the Federal Government’ does not in11 clude a ‘special Government employee’, as that term 

12 is defined in section 202(a) of title 18, United 

13 States Code.’’. 

14 (3) STAGGERED TERMS.—Subparagraph (A) of 

15 section 770(d)(3) of the Federal Food, Drug, and 

16 Cosmetic Act (21 U.S.C. 379dd(d)(3)) is amended 

17 to read as follows: 

18 ‘‘(A) TERM.—The term of office of each 

19 member of the Board appointed under para20 graph (1)(C)(i), and the term of office of any 

21 member of the Board whose position is estab22 lished pursuant to paragraph (1)(C)(ii), shall be 

23 4 years, except that— 

24 ‘‘(i) the terms of offices for the mem25 bers of the Board initially appointed under 


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1 paragraph (1)(C)(i) shall expire on a stag2 gered basis as determined by the ex officio 

3 members; and 

4 ‘‘(ii) the terms of office for the per5 sons initially appointed to positions estab6 lished pursuant to paragraph (1)(C)(ii) 

7 may be made to expire on a staggered 

8 basis, as determined by the individuals 

9 who, as of the date of the amendment es10 tablishing such positions, are members of 

11 the Board.’’. 

12 (b) EXECUTIVE DIRECTOR COMPENSATION.—Section 

13 770(g)(2) of the Federal Food, Drug, and Cosmetic Act 

14 (21 U.S.C. 379dd(g)(2)) is amended by striking ‘‘but shall 

15 not be greater than the compensation of the Commis16 sioner’’. 

17 (c) SEPARATION OF FUNDS.—Section 770(m) of the 

18 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

19 379dd(m)) is amended by striking ‘‘are held in separate 

20 accounts from funds received from entities under sub21 section (i)’’ and inserting ‘‘are managed as individual pro22 grammatic funds under subsection (i), according to best 

23 accounting practices’’. 

Æ 


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