§ 7365. Coverage of employees under certain Federal tort claims laws

Statutory text

An employee of a corporation established under this subchapter who is described by subsection (b) shall be considered an employee of the Government, or a medical care employee of the Veterans Health Administration, for purposes of the following provisions of law:

Section 1346(b) of title 28.

Chapter 171 of title 28.

Section 7316 of this title.

An employee described in this subsection is an employee who—

has an appointment with the Department, whether with or without compensation;

is directly or indirectly involved or engaged in research or education and training that is approved in accordance with procedures established by the Under Secretary for Health for research or education and training; and

performs such duties under the supervision of Department personnel.

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.

2003
Pub. L. 108–170 title IV § 402(a)(1) · 117 Stat. 2042
Enacted · 38 U.S.C. § 7365
Added Pub. L. 108–170, title IV, § 402(a)(1), Dec. 6, 2003, 117 Stat. 2061, § 7364A
Source evidence
Code source credit
Added Pub. L. 108–170, title IV, § 402(a)(1), Dec. 6, 2003, 117 Stat. 2061, § 7364A
Enacted provision · exact public law section
(1) Subchapter IV of chapter 73 is amended by inserting after section 7364 the following new section: “§ 7364A. Coverage of employees under certain Federal tort claims laws “(a) An employee of a corporation established under this subchapter who is described by subsection (b) shall be considered an employee of the Government, or a medical care employee of the Veterans Health Administration, for purposes of the following provisions of law: “(1) Section 1346(b) of title 28. “(2) Chapter 171 of title 28. “(3) Section 7316 of this title. “(b) An employee described in this subsection is an employee who— “(1) has an appointment with the Department, whether with or without compensation; “(2) is directly or indirectly involved or engaged in research or education and training that is approved in accordance with procedures established by the Under Secretary for Health for research or education and training; and “(3) performs such duties under the supervision of Department personnel.” .
2010
Caregivers and Veterans Omnibus Health Services Act of 2010
Pub. L. 111–163 title VIII § 805(a) · 124 Stat. 1130
Changed · 38 U.S.C. § 7365
Pub. L. 111–163 renumbered section 7364A of this title as this section
Source evidence
Code amendment note
Pub. L. 111–163 renumbered section 7364A of this title as this section.
Enacted provision · exact public law section
(a) Redesignation.— Section 7364A is redesignated as section 7365.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 7365, added Pub. L. 100–322, title II, § 204(a), May 20, 1988, 102 Stat. 511, § 4165; renumbered § 7365, Pub. L. 102–40, title IV, § 401(a)(4)(B), May 7, 1991, 105 Stat. 221, which required any corporation established under this subchapter to be subject to applicable State law, was repealed by Pub. L. 111–163, title VIII, § 801(b)(2), May 5, 2010, 124 Stat. 1176.

Amendments

2010—Pub. L. 111–163 renumbered section 7364A of this title as this section.

Credits

2003–2010 · 2 acts

2003Added Pub. L. 108–170, title IV, § 402(a)(1), Dec. 6, 2003, 117 Stat. 2061, § 7364A
2010renumbered § 7365, Pub. L. 111–163, title VIII, § 805(a), May 5, 2010, 124 Stat. 1179.

Show as published

(Added Pub. L. 108–170, title IV, § 402(a)(1), Dec. 6, 2003, 117 Stat. 2061, § 7364A; renumbered § 7365, Pub. L. 111–163, title VIII, § 805(a), May 5, 2010, 124 Stat. 1179.)