(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. 
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(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-
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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 
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the Board may not directly or indirectly participate 
in the consideration or determination by the Foun-
dation of any question affecting— 
(A) any direct or indirect financial interest 
of the individual; or 
(B) any direct or indirect financial interest 
of any business organization or other entity of 
which the individual is an officer or employee or 
in which the individual has a direct or indirect 
financial interest. 
(6) AUDITS; AVAILABILITY OF RECORDS.—The 
Foundation shall— 
(A) provide for biennial audits of the fi-
nancial condition of the Foundation; and 
(B) make such audits, and all other 
records, documents, and other papers of the 
Foundation, available to the Secretary and the 
Comptroller General of the United States for 
examination or audit. 
(7) REPORTS.— 
(A) IN
GENERAL.—Not later than Feb-
ruary 1 of each fiscal year, the Foundation 
shall publish a report describing the activities of 
the Foundation during the preceding fiscal 
year. Each such report shall include for the fis-
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cal year involved a comprehensive statement of 
the operations, activities, financial condition, 
and accomplishments of the Foundation. 
(B) INCLUSIONS.—With respect to the fi-
nancial condition of the Foundation, each re-
port under subparagraph (A) shall include the 
source, and a description, of all gifts to the 
Foundation of real or personal property, and 
the source and amount of all gifts to the Foun-
dation of money. Each such report shall include 
a specification of any restrictions on the pur-
poses for which gifts to the Foundation may be 
used. 
(C) PUBLIC
INSPECTION.—The Founda-
tion shall make copies of each report submitted 
under subparagraph (A) available for public in-
spection, and shall upon request provide a copy 
of the report to any individual for a charge not 
exceeding the cost of providing the copy. 
(8) LIAISONS.—The Secretary shall appoint li-
aisons to the Foundation from relevant Federal 
agencies, including the Office of the Surgeon Gen-
eral and the Centers for Disease Control and Pre-
vention. The Secretary of Agriculture shall designate 
liaisons to the Foundation as appropriate. 
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