‘‘(4) with the consent of the applicable executive 
department or independent agency, use the informa-
tion, services, and facilities of such department or 
agencies in carrying out this section; 
‘‘(5) enter into contracts with public and pri-
vate organizations for the writing, editing, printing, 
and publishing of books and other material; 
‘‘(6) hold, administer, invest, and spend any 
gift, devise, or bequest of real or personal property 
made to the Institute under subsection (i); 
‘‘(7) enter into such other contracts, leases, co-
operative agreements, and other transactions as the 
Board considers appropriate to conduct the activities 
of the Institute; 
‘‘(8) modify or consent to the modification of 
any contract or agreement to which it is a party or 
in which it has an interest under this subchapter; 
‘‘(9) take such action as may be necessary to 
obtain patents and licenses for devices and proce-
dures developed by the Institute and its employees; 
‘‘(10) sue and be sued in its corporate name, 
and complain and defend in courts of competent ju-
risdiction; 
VerDate Aug 31 2005 
23:40 Mar 22, 2007
Jkt 059200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H1561.IH
H1561
pwalker on PROD1PC71 with BILLS
‘‘(11) appoint other groups of advisors as may 
be determined necessary to carry out the functions 
of the Institute; and 
‘‘(12) exercise other powers as set forth in this 
section, and such other incidental powers as are nec-
essary to carry out its powers, duties, and functions 
in accordance with this subchapter. 
‘‘(i) 
ACCEPTANCE
OF
FUNDS
FROM
OTHER 
SOURCES.—The Executive Director may solicit and accept 
on behalf of the Institute, any funds, gifts, grants, devises, 
or bequests of real or personal property made to the Insti-
tute, including from private entities, for the purposes of 
carrying out the duties of the Institute. 
‘‘(j) SERVICE OF FEDERAL EMPLOYEES.—Federal 
Government employees may serve on committees advisory 
to the Institute and otherwise cooperate with and assist 
the Institute in carrying out its functions, so long as such 
employees do not direct or control Institute activities. 
‘‘(k) DETAIL OF GOVERNMENT EMPLOYEES.—Fed-
eral Government employees may be detailed from Federal 
agencies with or without reimbursement to those agencies 
to the Institute at any time, and such detail shall be with-
out interruption or loss of civil service status or privilege. 
Each such employee shall abide by the statutory, regu-
latory, ethical, and procedural standards applicable to the 
VerDate Aug 31 2005 
23:40 Mar 22, 2007
Jkt 059200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H1561.IH
H1561
pwalker on PROD1PC71 with BILLS
employees of the agency from which such employee is de-
tailed and those of the Institute. 
‘‘(l) ANNUAL REPORTS.— 
‘‘(1) REPORTS TO INSTITUTE.—Any recipient of 
a grant, contract, or cooperative agreement from the 
Institute under this section shall submit to the Insti-
tute a report on an annual basis for the duration of 
such grant, contract, or cooperative agreement, that 
describes the activities carried out under such grant, 
contract, or cooperative agreement. 
‘‘(2) REPORT TO FDA.—Beginning with fiscal 
year 2009, the Executive Director shall submit to 
the Commissioner an annual report that— 
‘‘(A) details the progress of the Institute in 
furthering the goals and priorities established 
under subsection (c)(2); and 
‘‘(B) provides recommendations for incor-
porating such progress into regulatory and 
product review activities of the Food and Drug 
Administration. 
‘‘(3) REPORT TO CONGRESS.—Beginning with 
fiscal year 2009, the Executive Director shall submit 
to the Committee on Health, Education, Labor, and 
Pensions and the Committee on Appropriations of 
the Senate and the Committee on Energy and Com-
VerDate Aug 31 2005 
23:40 Mar 22, 2007
Jkt 059200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H1561.IH
H1561
pwalker on PROD1PC71 with BILLS
merce and the Committee on Appropriations of the 
House of Representatives an annual report that— 
‘‘(A) describes the activities of the Insti-
tute and of the recipients of a grant, contract, 
or cooperative agreement under this section, in-
cluding the practical impact of the Institute on 
medical product development; 
‘‘(B) provides a specific accounting of the 
source of all funds used by the Institute to 
carry out such activities; and 
‘‘(C) describes how such funds were used 
by the Institute. 
‘‘(m) SEPARATION OF FUNDS.—The Executive Di-
rector shall ensure that the funds received from the Treas-
ury are held in separate accounts from funds received 
from entities under subsection (i). 
‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for each of fiscal years 2008 through 2013 to 
carry out subsections (a), (b), and (d) through (m).’’. 
(b) OTHER INSTITUTE PROVISIONS.—Chapter VII 
(21 U.S.C. 371 et seq.) (as amended by subsection (a)) 
is amended by adding at the end the following: 
VerDate Aug 31 2005 
23:40 Mar 22, 2007
Jkt 059200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H1561.IH
H1561
pwalker on PROD1PC71 with BILLS
‘‘SEC. 771. LOCATION OF INSTITUTE. 
‘‘(a) IN GENERAL.—The Institute shall, if prac-
ticable, be located not more than 20 miles from the Dis-
trict of Columbia. 
‘‘(b) USE OF SPACE.—The Secretary shall consult 
with the Administrator of General Services to ensure the 
most cost-efficient arrangement for the leasing or pur-
chase of real property for adequate facilities which, if 
practicable, shall be located at the Food and Drug Admin-
istration, to meet the needs of the Institute in carrying 
out this subchapter. 
‘‘SEC. 772. ACTIVITIES OF THE FOOD AND DRUG ADMINIS-
TRATION. 
‘‘(a) IN GENERAL.—The Commissioner shall receive 
and assess the report submitted to the Commissioner by 
the Executive Director of the Institute under section 
770(l)(2). 
‘‘(b) REPORT
TO CONGRESS.—The Commissioner 
shall submit to the Committee on Health, Education, 
Labor, and Pensions and the Committee on Appropria-
tions of the Senate and the Committee on Energy and 
Commerce and the Committee on Appropriations of the 
House of Representatives an annual report that describes 
the implementation of any recommendations included in 
the report described under subsection (a).’’. 
VerDate Aug 31 2005 
23:40 Mar 22, 2007
Jkt 059200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H1561.IH
H1561
pwalker on PROD1PC71 with BILLS