; (II) the business community; (III) nonprofit organizations; (IV) the communities surrounding the laboratories and facilities of the Department of Energy; and (V) the technology transfer and commercialization community. (ii) Method of appointment (I) In general Not later than 90 days after the date of enactment of this Act, the ex-officio members of the Board shall select from a list of candidates, to be provided by, at the discretion of the Secretary, the Secretary of Energy Advisory Board or the National Academy of Sciences, individuals for appointment as members of the Board. (II) Vote For the initial membership of the Board, an individual selected for appointment under subclause (I) shall be appointed on a vote of not fewer than 3/5 of the initial ex-officio members of the Board. (iii) Restriction on membership No employee of the Department of Energy shall be appointed as a member of the Board. (iv) Amendment to number of appointed members The Board, through amendments to the bylaws of the Foundation, may provide that the number of appointed members of the Board shall be greater than the number specified in clause (i). (D) Terms and vacancies (i) Terms (I) In general Except as provided in subclause (II), the term of service of each appointed member of the Board shall be 5 years. (II) Initial appointed members The term of service for each initial appointed member of the Board shall be— (aa) determined by the initial ex-officio members of the Board and the initial Chair to ensure that the continuity of representation of board members from each of the areas described in subclauses (I) through (V) of subparagraph (C)(i); and (bb) for a term of either 3 or 4 years. (ii) Vacancies (I) In general Any vacancy in the membership of the appointed members of the Board— (aa) shall be filled in accordance with the bylaws of the Foundation established under subsection (d)(1)(B)