Page:United States Statutes at Large Volume 121.djvu/917

 121 STAT. 896

PUBLIC LAW 110–85—SEPT. 27, 2007

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‘‘(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 procedures developed by the Foundation and its employees; ‘‘(10) sue and be sued in its corporate name, and complain and defend in courts of competent jurisdiction; ‘‘(11) appoint other groups of advisors as may be determined necessary to carry out the functions of the Foundation; and ‘‘(12) exercise other powers as set forth in this section, and such other incidental powers as are necessary 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 Foundation, any funds, gifts, grants, devises, or bequests of real or personal property made to the Foundation, including from private entities, for the purposes of carrying out the duties of the Foundation. ‘‘(j) SERVICE OF FEDERAL EMPLOYEES.—Federal Government employees may serve on committees advisory to the Foundation and otherwise cooperate with and assist the Foundation in carrying out its functions, so long as such employees do not direct or control Foundation activities. ‘‘(k) DETAIL OF GOVERNMENT EMPLOYEES; FELLOWSHIPS.— ‘‘(1) DETAIL FROM FEDERAL AGENCIES.—Federal Government employees may be detailed from Federal agencies with or without reimbursement to those agencies to the Foundation at any time, and such detail shall be without interruption or loss of civil service status or privilege. Each such employee shall abide by the statutory, regulatory, ethical, and procedural standards applicable to the employees of the agency from which such employee is detailed and those of the Foundation. ‘‘(2) VOLUNTARY SERVICE; ACCEPTANCE OF FEDERAL EMPLOYEES.— ‘‘(A) FOUNDATION.—The Executive Director of the Foundation may accept the services of employees detailed from Federal agencies with or without reimbursement to those agencies. ‘‘(B) FOOD AND DRUG ADMINISTRATION.—The Commissioner may accept the uncompensated services of Foundation fellows or trainees. Such services shall be considered to be undertaking an activity under contract with the Secretary as described in section 708. ‘‘(l) ANNUAL REPORTS.— ‘‘(1) REPORTS TO FOUNDATION.—Any recipient of a grant, contract, fellowship, memorandum of understanding, or cooperative agreement from the Foundation under this section shall submit to the Foundation a report on an annual basis for the duration of such grant, contract, fellowship, memorandum of understanding, or cooperative agreement, that describes the activities carried out under such grant, contract, fellowship, memorandum of understanding, or cooperative agreement. ‘‘(2) REPORT TO CONGRESS AND THE FDA.—Beginning with fiscal year 2009, the Executive Director shall submit to Congress and the Commissioner an annual report that—

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