to carry out the duties of the Board. If a mem-
ber of the Board does not serve the full term 
applicable under subparagraph (B), the indi-
vidual appointed to fill the resulting vacancy 
shall be appointed for the remainder of the 
term of the predecessor of the individual. 
(5) COMPENSATION.—Members of the Board 
may not receive compensation for service on the 
Board. The members may be reimbursed for travel, 
subsistence, and other necessary expenses incurred 
in carrying out the duties of the Board. 
(h) CERTAIN RESPONSIBILITIES OF EXECUTIVE DI-
RECTOR.—In carrying out subsection (f)(2), the Director 
shall carry out the following functions: 
(1) Hire, promote, compensate, and discharge 
officers and employees of the Foundation, and define 
the duties of the officers and employees. 
(2) Accept and administer donations to the 
Foundation, and administer the assets of the Foun-
dation. 
(3) Establish a process for the selection of can-
didates for holding endowed positions under sub-
section (c).
(4) Enter into such financial agreements as are 
appropriate in carrying out the activities of the 
Foundation. 
(5) Take such action as may be necessary to ac-
quire patents and licenses for devices and procedures 
developed by the Foundation and the employees of 
the Foundation. 
(6) Adopt, alter, and use a corporate seal, 
which shall be judicially noticed. 
(7) Commence and respond to judicial pro-
ceedings in the name of the Foundation. 
(8) Other functions that are appropriate in the 
determination of the Director. 
(i) GENERAL PROVISIONS.— 
(1) AUTHORITY FOR ACCEPTING FUNDS.—The 
Secretary of Health and Human Services (referred 
to in this title as the ‘‘Secretary’’) may accept and 
utilize, on behalf of the Federal Government, any 
gift, donation, bequest, or devise of real or personal 
property from the Foundation for the purpose of 
aiding or facilitating the work of the Department. 
Funds may be accepted and utilized by the Sec-
retary under the preceding sentence without regard 
to whether the funds are designated as general-pur-
pose funds or special-purpose funds.
(2) AUTHORITY
FOR
ACCEPTANCE
OF
VOL-
UNTARY SERVICES.— 
(A) IN GENERAL.—The Secretary may ac-
cept, on behalf of the Federal Government, any 
voluntary services provided to the Department 
by the Foundation for the purpose of aiding or 
facilitating the work of the Department. In the 
case of an individual, the Secretary may accept 
the services provided under the preceding sen-
tence by the individual for not more than 2 
years. 
(B) NON-FEDERAL GOVERNMENT EMPLOY-
EES.—The limitation established in subpara-
graph (A) regarding the period of time in which 
services may be accepted applies to each indi-
vidual who is not an employee of the Federal 
Government and who serves in association with 
the Department pursuant to financial support 
from the Foundation. 
(3) ADMINISTRATIVE
CONTROL.—No officer, 
employee, or member of the Board may exercise any 
administrative or managerial control over any Fed-
eral employee. 
(4) APPLICABILITY OF CERTAIN STANDARDS TO 
NON-FEDERAL EMPLOYEES.—In the case of any in-
dividual who is not an employee of the Federal Gov-
ernment and who serves in association with the De-
partment pursuant to financial support from the 
Foundation, the Foundation shall negotiate a memo-
randum of understanding with the individual and 
the Secretary specifying that the individual— 
(A) shall be subject to the ethical and pro-
cedural standards regulating Federal employ-
ment, scientific investigation, and research find-
ings (including publications and patents) that 
are required of individuals employed by the De-
partment, including standards under this Act, 
the Ethics in Government Act of 1978 (5 
U.S.C. App.), and the Federal Technology 
Transfer Act of 1986 (Public Law 99–502; 100 
Stat. 1785); and 
(B) shall be subject to such ethical and 
procedural standards under chapter 11 of title 
18, United States Code (relating to conflicts of 
interest), as the Secretary determines is appro-
priate, except such memorandum may not pro-
vide that the individual shall be subject to the 
standards of section 209 of such chapter. 
(5) FINANCIAL CONFLICTS OF INTEREST.—Any 
individual who is an officer, employee, or member of