110 STAT. 1012 PUBLIC LAW 104-127—APR. 4, 1996 to the initial Board shall serve, proportionately, for terms of 1, 2, and 3 years, as determined by the Secretary. (B) LIMITATION ON TERMS.—No individual may serve more than 2 consecutive 3-year terms as a member of the Board. (3) SUBSEQUENT MEMBERS.—The initial members of the Board shall adopt procedures in the constitution of the Foundation for the nomination and selection of subsequent members of the Board. The procedures shall require that each member, at a minimum, meets the criteria established under subsection (a) and shall provide for the selection of an individual, who is not a Federal officer or a member of the Board. (d) CHAIRPERSON.— After the appointment of an initial chairperson under subsection (c)(1), each succeeding chairperson of the Board shall be elected by the members of the Board for a 2- year term. (e) VACANCIES. —^A vacancy on the Board shall be filled by the Board not later than 60 days after the occurrence of the vacancy. (f) COMPENSATION.— A member of the Board shall receive no compensation from the Foundation for the service of the member on the Board. (g) TRAVEL EXPENSES. — While away from the home or regular place of business of a member of the Board in the performance of services for the Board, the member shall be allowed travel expenses paid by the Foundation, including per diem in lieu of subsistence, at the same rate as a person employed intermittently in the Government service is allowed under section 5703 of title 5, United States Code. 16 USC 5804. SEC. 355. OFFICERS AND EMPLOYEES. (a) IN GENERAL. —The Board may— (1) appoint, hire, and discharge the officers and employees of the Foundation, other than appoint the initial Executive Director of the Foundation; (2) adopt a constitution and bylaws for the Foundation that are consistent with the purposes of this subtitle; and (3) undertake any other activities that may be necessary to carry out this subtitle. (b) OFFICERS AND EMPLOYEES. — (1) APPOINTMENT AND HIRING. —An officer or employee of the Foundation— (A) shall not, by virtue of the appointment or employ- ment of the officer or employee, be considered a Federal employee for any purpose, including the provisions of title 5, United States Code, governing appointments in the competitive service, except that such an individual may participate in the Federal employee retirement system as if the individual were a Federal employee; and (B) may not be paid by the Foundation a salary in excess of $125,000 per year. (2) EXECUTIVE DIRECTOR.— (A) INITIAL DIRECTOR.— The Secretary shall appoint an individual to serve as the initial Executive Director of the Foundation who shall serve, at the direction of the Board, as the chief operating officer of the Foundation. (B) SUBSEQUENT DIRECTORS.— The Board shall appoint each subsequent Executive Director of the Foundation who
�
