(B) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) 
ADDITIONAL
MEMBERS.—The 
Board, through amendments to the bylaws 
of the Foundation, may provide that the 
number of voting members of the Board 
shall be a number (to be specified in such 
amendment) greater than 14. Any Board 
positions that are established by any such 
amendment shall be appointed (by majority 
vote) by the individuals who, as of the date 
of such amendment, are voting members of 
the Board and persons so appointed may 
represent any of the categories specified in 
subclauses (I) through (V) of clause (i), so 
long as no more than 30 percent of the 
total voting members of the Board (includ-
ing members whose positions are estab-
lished by such amendment) are representa-
tives of the general pharmaceutical, device, 
food, cosmetic, and biotechnology indus-
tries.’’; and 
(C) in clause (iii)(I), as redesignated by 
subparagraph (A), by striking ‘‘The ex officio 
members shall ensure’’ and inserting ‘‘The ex 
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emcdonald on DSK67QTVN1PROD with BILLS
officio members, acting pursuant to clause (i), 
and the Board, acting pursuant to clause (ii), 
shall ensure’’. 
(2) FEDERAL EMPLOYEES ALLOWED TO SERVE 
ON BOARD.—Clause (iii)(II) of section 770(d)(1)(C) 
of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 379dd(d)(1)(C)), as redesignated by para-
graph (1)(A), is amended by adding at the end the 
following: ‘‘For purposes of this section, the term 
‘employee of the Federal Government’ does not in-
clude a ‘special Government employee’, as that term 
is defined in section 202(a) of title 18, United 
States Code.’’. 
(3) STAGGERED TERMS.—Subparagraph (A) of 
section 770(d)(3) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 379dd(d)(3)) is amended 
to read as follows: 
‘‘(A) TERM.—The term of office of each 
member of the Board appointed under para-
graph (1)(C)(i), and the term of office of any 
member of the Board whose position is estab-
lished pursuant to paragraph (1)(C)(ii), shall be 
4 years, except that— 
‘‘(i) the terms of offices for the mem-
bers of the Board initially appointed under 
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paragraph (1)(C)(i) shall expire on a stag-
gered basis as determined by the ex officio 
members; and 
‘‘(ii) the terms of office for the per-
sons initially appointed to positions estab-
lished pursuant to paragraph (1)(C)(ii) 
may be made to expire on a staggered 
basis, as determined by the individuals 
who, as of the date of the amendment es-
tablishing such positions, are members of 
the Board.’’. 
(b) EXECUTIVE DIRECTOR COMPENSATION.—Section 
770(g)(2) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 379dd(g)(2)) is amended by striking ‘‘but shall 
not be greater than the compensation of the Commis-
sioner’’. 
(c) SEPARATION OF FUNDS.—Section 770(m) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
379dd(m)) is amended by striking ‘‘are held in separate 
accounts from funds received from entities under sub-
section (i)’’ and inserting ‘‘are managed as individual pro-
grammatic funds under subsection (i), according to best 
accounting practices’’. 
Æ 
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