§ 7362. Purpose of corporations

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Veterans

   Pub. L. 100–322 title II § 204(a) · 102 Stat. 487

   Enacted · 38 U.S.C. § 7362

   Added Pub. L. 100–322, title II, § 204(a), May 20, 1988, 102 Stat. 510, § 4162

   Source evidence

   Code source credit
   Added Pub. L. 100–322, title II, § 204(a), May 20, 1988, 102 Stat. 510, § 4162

   Enacted provision · exact public law section
   (a) Authority of Administrator.— Chapter 73 is amended by adding at the end the following new subchapter: “SUBCHAPTER VI— RESEARCH CORPORATIONS “§ 4161. Authority to establish; status “(a) The Administrator may authorize the establishment at any Veterans’ Administration medical center of a nonprofit corporation to provide a flexible funding mechanism for the conduct of approved research at the medical center. Except as otherwise required in this subchapter or under regulations prescribed by the Administrator, any such corporation, and its directors and employees, shall be required to comply only with those Federal laws, regulations, and executive orders and directives which apply generally to private nonprofit corporations. “(b) If by the end of the three-year period beginning on the date of the establishment of a corporation under this subchapter the corporation is not recognized as an entity the income of which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, the Administrator shall dissolve the corporation. “§ 4162. Purpose of corporations “Any corporation established under this subchapter shall be established solely to facilitate research as described in section 4101(c)(1) of this title in conjunction with the applicable Veteran’ Administration medical center. Any funds received by the Administrator for the conduct of research at the medical center other than funds appropriated to the Veterans’ Administration may be transferred to and administered by the corporation for that purpose. “§ 4163. Board of directors; executive director “(a) The Administrator shall provide for the appointment of a board of directors for any corporation established under this subchapter. The board shall include— “(1) the director of the medical center, the chief of staff of the medical center, and the assistant chief of staff for research of the medical center; and “(2) subject to subsection (c) of this section, members who are not officers or employees of the Federal Government and who are familiar with issues involving medical and scientific research. “(b) Each such corporation shall have an executive director who shall be appointed by the board of directors with the concurrence of the Chief Medical Director of the Veterans’ Administration. The executive director of a corporation shall be responsible for the operations of the corporation and shall have such specific duties and responsibilities as the board may prescribe. “(c) An individual appointed under subsection (a)(2) of this section to the board of directors of a corporation established under this subchapter may not be affiliated with, employed by, or have any other financial relationship with any entity that is a source of funding for research by the Veterans’ Administration unless that source of funding is a governmental entity or an entity the income of which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986. “§ 4164. General powers “(a) A corporation established under this subchapter may— “(1) accept gifts and grants from, and enter into contracts Gifts. Grants. Contracts. with, individuals and public and private entities solely to carry out the purposes of this subchapter; and “(2) employ such employees as it considers necessary for such purposes and fix the compensation of such employees. “(b) A corporation established under this subchapter may not spend funds for a research project unless the project is approved in accordance with procedures prescribed by the Chief Medical Director for research carried out with Veteran’ Administration funds. Such procedures shall include a peer review process. “§ 4165. Applicable State law “Any corporation established under this subchapter shall be established in accordance with the nonprofit corporation laws of the State in which the applicable medical center is located and shall, to the extent not inconsistent with any Federal law, be subject to the laws of such State. “§ 4166. Accountability and oversight “(a) (1) (A) The records of a corporation established under this Records. subchapter shall be available to the Administrator. “(B) For the purposes of sections 4(a)(1) and 6(a)(1) of the Inspector General Act of 1978, the programs and operations of such a corporation shall be considered to be programs and operations of the Veterans’ Administration with respect to which the Inspector General of the Veterans’ Administration has responsibilities under such Act. “(2) Such a corporation shall be considered an agency for the purposes of section 716 of title 31 (relating to availability of information and inspection of records by the Comptroller General). “(b) Each such corporation shall submit to the Administrator an Reports. annual report providing a detailed statement of its operations, activities, and accomplishments during that year. The corporation shall obtain a report of independent auditors concerning the receipts and expenditures of funds by the corporation during that year and shall include that report in the corporation’s report to the Administrator for that year. “(c) Each member of the board of directors of a corporation established under this subchapter, each employee of such a corpora-tion, and each employee of the Veterans’ Administration who is involved in the functions of the corporation during any year— “(1) shall be subject to Federal laws and regulations applicable to Federal employees with respect to conflicts of interest in the performance of official functions; and “(2) shall submit to the Administrator an annual statement signed by the director or employee certifying that the director or employee is aware of, and has complied with, such laws and regulations in the same manner as Federal employees are required to. “(d) The Administrator shall submit to the Committees on Veteran’ Affairs of the Senate and House of Representatives an annual report on the number and location of corporations established and the amount of the contributions made to each such corporation. “§ 4167. Report to Congress “Not later than February 1, 1991, the Administrator shall submit to Congress a report on the experience through the end of fiscal year 1990 under this subchapter. The report shall include such recommendations as the Administrator considers appropriate. “§ 4168. Expiration of authority “No corporation may be established under this subchapter after September 30, 1991.”.

2. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 401(a)(4)(B) · 105 Stat. 187

   Changed · 38 U.S.C. § 7362

   Pub. L. 102–40, § 401(a)(4)(B), renumbered section 4162 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 401(a)(4)(B), renumbered section 4162 of this title as this section.

   Enacted provision · exact public law section
   (B) by redesignating sections 4161, 4162, 4163, 4164, 4165, 4166, 4167, and 4168 as sections 7361, 7362, 7363, 7364, 7365, 7366, 7367, and 7368, respectively.

3. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 403(a)(3) · 105 Stat. 187

   Substituted · 38 U.S.C. § 7362

   Pub. L. 102–40, § 403(a)(3), substituted “7303(a)” for “4101(c)(1)”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 403(a)(3), substituted “7303(a)” for “4101(c)(1)”.

   Enacted provision · exact public law section
   (3) by striking out “section 4101(c)(1)” in section 7362 and inserting in lieu thereof “section 7303(a)”;

4. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 403(a)(2) · 105 Stat. 187

   Substituted · 38 U.S.C. § 7362

   Pub. L. 102–40, § 403(a)(2), substituted “Department” for “Veterans’ Administration” in two places

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 403(a)(2), substituted “Department” for “Veterans’ Administration” in two places.

   Enacted provision · exact public law section
   (2) by striking out “Veterans’ Administration” each place it appears and inserting in lieu thereof “Department”;

5. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 403(a)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 7362

   Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (1) by striking out “Administrator” and “Administrator’s” each place they appear and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively; and

6. 1999

   Veterans Millennium Health Care and Benefits Act

   Pub. L. 106–117 title II § 204(b) · 113 Stat. 1545

   1. Amended · 38 U.S.C. § 7362

      Pub. L. 106–117 designated existing provisions as subsec. (a), in first sentence

   2. Inserted · 38 U.S.C. § 7362

      Pub. L. 106–117 inserted “and education and training as described in sections 7302, 7471, 8154, and 1701(6)(B) of this title” after “7303(a) of this title”, in second sentence

   3. Inserted · 38 U.S.C. § 7362

      Pub. L. 106–117 inserted “or education” after “research”

   4. Substituted · 38 U.S.C. § 7362

      Pub. L. 106–117 substituted “these purposes” for “that purpose”

   5. Added · 38 U.S.C. § 7362

      Pub. L. 106–117 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 106–117 designated existing provisions as subsec. (a), in first sentence, inserted “and education and training as described in sections 7302, 7471, 8154, and 1701(6)(B) of this title” after “7303(a) of this title”, in second sentence, inserted “or education” after “research” and substituted “these purposes” for “that purpose”, and added subsec. (b).

   Enacted provision · exact public law section
   (b) Purpose of Corporations.— Section 7362 is amended— (1) in the first sentence— (A) by inserting “(a)” before “Any corporation”; and (B) by inserting “and education and training as described in sections 7302, 7471, 8154, and 1701(6)(B) of this title” after “of this title”; (2) in the second sentence— (A) by inserting “or education” after “research”; and (B) by striking “that purpose” and inserting “these purposes”; and (3) by adding at the end the following new subsection: “(b) For purposes of this section, the term ‘education and training’ means the following: “(1) In the case of employees of the Veterans Health Administration, such term means work-related instruction or other learning experiences to— “(A) improve performance of current duties; “(B) assist employees in maintaining or gaining specialized proficiencies; and “(C) expand understanding of advances and changes in patient care, technology, and health care administration. Such term includes (in the case of such employees) education and training conducted as part of a residency or other program designed to prepare an individual for an occupation or profession. “(2) In the case of veterans under the care of the Veterans Health Administration, such term means instruction or other learning experiences related to improving and maintaining the health of veterans to patients and to the families and guardians of patients.”.

7. 2010

   Caregivers and Veterans Omnibus Health Services Act of 2010

   Pub. L. 111–163 § 804(b) · 124 Stat. 1130

   Struck · 38 U.S.C. § 7362(a)

   Pub. L. 111–163, § 804(b), struck out last sentence which read as follows: “Any funds received by the Secretary for the conduct of research or education at the medical center other than funds appropriated to the Department may be transferred to and administered by the corporation for these purposes.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–163, § 804(b), struck out last sentence which read as follows: “Any funds received by the Secretary for the conduct of research or education at the medical center other than funds appropriated to the Department may be transferred to and administered by the corporation for these purposes.”

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 7362(a), as amended by section 802(a)(1) of this Act, is further amended by striking the last sentence.

8. 2010

   Caregivers and Veterans Omnibus Health Services Act of 2010

   Pub. L. 111–163 § 802(a) · 124 Stat. 1130

   1. Substituted · 38 U.S.C. § 7362(a)

      Pub. L. 111–163, § 802(a), in first sentence, substituted “A corporation established under this subchapter shall be established to provide a flexible funding mechanism for the conduct of approved research and education at one or more Department medical centers and to facilitate functions related to the conduct of” for “Any corporation established under this subchapter shall be established solely to facilitate”

   2. Inserted · 38 U.S.C. § 7362(a)

      Pub. L. 111–163, § 802(a), in first sentence, inserted “or centers” before period at end

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 111–163, § 802(a), in first sentence, substituted “A corporation established under this subchapter shall be established to provide a flexible funding mechanism for the conduct of approved research and education at one or more Department medical centers and to facilitate functions related to the conduct of” for “Any corporation established under this subchapter shall be established solely to facilitate” and inserted “or centers” before period at end.

   Enacted provision · exact public law section
   (a) Clarification of Purposes.— Subsection (a) of section 7362 is amended in the first sentence— (1) by striking “Any corporation” and all that follows through “facilitate” and inserting “A corporation established under this subchapter shall be established to provide a flexible funding mechanism for the conduct of approved research and education at one or more Department medical centers and to facilitate functions related to the conduct of”; and (2) by inserting before the period at the end the following: “or centers”.

9. 2010

   Caregivers and Veterans Omnibus Health Services Act of 2010

   Pub. L. 111–163 § 802(b) · 124 Stat. 1130

   Substituted · 38 U.S.C. § 7362(b)

   Pub. L. 111–163, § 802(b), substituted “the term ‘education’ includes education and training and” for “the term ‘education and training’ ” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 111–163, § 802(b), substituted “the term ‘education’ includes education and training and” for “the term ‘education and training’ ” in introductory provisions.

   Enacted provision · exact public law section
   (b) Modification of Defined Term Relating to Education and Training.— Subsection (b) of such section is amended in the matter preceding paragraph (1) by striking “the term ‘education and training’ ” and inserting “the term ‘education’ includes education and training and”.

10. 2010

    Caregivers and Veterans Omnibus Health Services Act of 2010

    Pub. L. 111–163 § 802(c) · 124 Stat. 1130

    Struck · 38 U.S.C. § 7362(b)(1)

    Pub. L. 111–163, § 802(c), struck out concluding provisions which read as follows: “Such term includes (in the case of such employees) education and training conducted as part of a residency or other program designed to prepare an individual for an occupation or profession.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 111–163, § 802(c), struck out concluding provisions which read as follows: “Such term includes (in the case of such employees) education and training conducted as part of a residency or other program designed to prepare an individual for an occupation or profession.”

    Enacted provision · exact public law section
    (c) Repeal of Role of Corporations With Respect to Fellowships.— Paragraph (1) of subsection (b) of such section is amended by striking the flush matter following subparagraph (C).

11. 2010

    Caregivers and Veterans Omnibus Health Services Act of 2010

    Pub. L. 111–163 § 802(d) · 124 Stat. 1130

    Substituted · 38 U.S.C. § 7362(b)(2)

    Pub. L. 111–163, § 802(d), substituted “and includes education and training for patients and families” for “to patients and to the families”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 111–163, § 802(d), substituted “and includes education and training for patients and families” for “to patients and to the families”.

    Enacted provision · exact public law section
    (d) Availability of Education for Families of Veteran Patients.— Paragraph (2) of subsection (b) of such section is amended by striking “to patients and to the families” and inserting “and includes education and training for patients and families”.

16 of 16 references resolved to an enrolled provision