§ 7366. Accountability and oversight

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. § 7366

   Added Pub. L. 100–322, title II, § 204(a), May 20, 1988, 102 Stat. 511, § 4166

   Source evidence

   Code source credit
   Added Pub. L. 100–322, title II, § 204(a), May 20, 1988, 102 Stat. 511, § 4166

   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. § 7366

   Pub. L. 102–40, § 401(a)(4)(B), renumbered section 4166 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 401(a)(4)(B), renumbered section 4166 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)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 7366(a)(1)(A)

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

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). 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

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. § 7366(a)(1)(B)

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

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). 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. § 7366(b)

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

   Source evidence

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

   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. 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. § 7366(c)

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

   Source evidence

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

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

7. 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. § 7366(c)(2)

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

   Source evidence

   Code amendment note
   Subsec. (c)(2). 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

8. 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. § 7366(d)

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

   Source evidence

   Code amendment note
   Subsec. (d). 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

9. 1996

   Veterans’ Health Care Eligibility Reform Act of 1996

   Pub. L. 104–262 § 343(c) · 110 Stat. 3177

   Substituted · 38 U.S.C. § 7366(b)

   Pub. L. 104–262, § 343(c), substituted “A corporation with revenues in excess of $300,000 for any year shall obtain an audit of the corporation for that year. A corporation with annual revenues between $10,000 and $300,000 shall obtain an independent audit of the corporation at least once every three years. Any audit under the preceding sentences shall be performed by an independent auditor. The corporation shall include the most recent such audit” for “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”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–262, § 343(c), substituted “A corporation with revenues in excess of $300,000 for any year shall obtain an audit of the corporation for that year. A corporation with annual revenues between $10,000 and $300,000 shall obtain an independent audit of the corporation at least once every three years. Any audit under the preceding sentences shall be performed by an independent auditor. The corporation shall include the most recent such audit” for “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”.

   Enacted provision · exact public law section
   (c) Periodic Audits.— Subsection (b) of section 7366 is amended by striking out “The corporation” in the second sentence and all that follows through “shall include that report” and inserting in lieu thereof the following: “A corporation with revenues in excess of $300,000 for any year shall obtain an audit of the corporation for that year. A corporation with annual revenues between $10,000 and $300,000 shall obtain an independent audit of the corporation at least once every three years. Any audit under the preceding sentences shall be performed by an independent auditor. The corporation shall include the most recent such audit”.

10. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 § 343(d) · 110 Stat. 3177

    Substituted · 38 U.S.C. § 7366(c)(2)

    Pub. L. 104–262, § 343(d), substituted “a statement signed by the executive director of the corporation certifying that each director and” for “an annual statement signed by the director or employee certifying that the director or”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 104–262, § 343(d), substituted “a statement signed by the executive director of the corporation certifying that each director and” for “an annual statement signed by the director or employee certifying that the director or”.

    Enacted provision · exact public law section
    (d) Compliance With Conflict of Interest Laws and Regulations.— Subsection (c)(2) of section 7366 is amended by striking out “an annual statement signed by the director or employee certifying that the director or” and inserting in lieu thereof “a statement signed by the executive director of the corporation certifying that each director and”.

11. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 § 343(e) · 110 Stat. 3177

    Amended · 38 U.S.C. § 7366(d)

    Pub. L. 104–262, § 343(e), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The Secretary shall submit to the Committees on Veterans’ 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.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–262, § 343(e), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The Secretary shall submit to the Committees on Veterans’ 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.”

    Enacted provision · exact public law section
    (e) Revised Reporting Requirement.— Subsection (d) of section 7366 is amended to read as follows: “(d) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an annual report on the corporations established under this subchapter. The report shall set forth the following information: “(1) The location of each corporation. “(2) The amount received by each corporation during the previous year, including— “(A) the total amount received; “(B) the amount received from governmental entities; “(C) the amount received from all other sources; and “(D) if the amount received from a source referred to in subparagraph (C) exceeded $25,000, information that identifies the source. “(3) The amount expended by each corporation during the year, including— “(A) the amount expended for salary for research staff and for salary for support staff; “(B) the amount expended for direct support of research; and “(C) if the amount expended with respect to any payee exceeded $35,000, information that identifies the payee.”.

12. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 § 204(e)(1) · 113 Stat. 1545

    Inserted · 38 U.S.C. § 7366(d)(2)(B)

    Pub. L. 106–117, § 204(e)(1), inserted “for research and the amount received from governmental entities for education” before the semicolon at end

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 106–117, § 204(e)(1), inserted “for research and the amount received from governmental entities for education” before the semicolon at end.

    Enacted provision · exact public law section
    (1) in paragraph (2)(B), by inserting “for research and the amount received from governmental entities for education” after “entities”;

    Effective date note
    Pub. L. 107–103, title V, § 509(f), Dec. 27, 2001, 115 Stat. 997, provided that the amendment made by section 509(f) is effective Nov. 30, 1999, and as if included in Pub. L. 106–117 as originally enacted.

13. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 § 204(e)(2) · 113 Stat. 1545

    Inserted · 38 U.S.C. § 7366(d)(2)(C)

    Pub. L. 106–117, § 204(e)(2), inserted “for research and the amount received from all other sources for education” before “; and”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(C). Pub. L. 106–117, § 204(e)(2), inserted “for research and the amount received from all other sources for education” before “; and”.

    Enacted provision · exact public law section
    (2) in paragraph (2)(C), by inserting “for research and the amount received from all other sources for education” after “sources”;

    Effective date note
    Pub. L. 107–103, title V, § 509(f), Dec. 27, 2001, 115 Stat. 997, provided that the amendment made by section 509(f) is effective Nov. 30, 1999, and as if included in Pub. L. 106–117 as originally enacted.

14. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 § 204(e)(3) · 113 Stat. 1545

    1. Amended · 38 U.S.C. § 7366(d)(2)(D)

       Pub. L. 106–117, § 204(e)(3), as amended by Pub. L. 107–103, § 509(f)

    2. Substituted · 38 U.S.C. § 7366(d)(2)(D)

       Pub. L. 106–117, § 204(e)(3), as substituted “an amount received” for “the amount received”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(D). Pub. L. 106–117, § 204(e)(3), as amended by Pub. L. 107–103, § 509(f), substituted “an amount received” for “the amount received”.

    Enacted provision · exact public law section
    (3) in paragraph (2)(D), by striking “the” and inserting “a”;

    Effective date note
    Pub. L. 107–103, title V, § 509(f), Dec. 27, 2001, 115 Stat. 997, provided that the amendment made by section 509(f) is effective Nov. 30, 1999, and as if included in Pub. L. 106–117 as originally enacted.

15. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 § 204(e)(4) · 113 Stat. 1545

    Substituted · 38 U.S.C. § 7366(d)(3)(A)

    Pub. L. 106–117, § 204(e)(4), substituted “, the amount expended for salary for education staff, and the amount expended” for “and”

    Source evidence

    Code amendment note
    Subsec. (d)(3)(A). Pub. L. 106–117, § 204(e)(4), substituted “, the amount expended for salary for education staff, and the amount expended” for “and”.

    Enacted provision · exact public law section
    (4) in paragraph (3)(A), by striking “and” and inserting the amount expended for salary for education staff, and the amount expended”;

    Effective date note
    Pub. L. 107–103, title V, § 509(f), Dec. 27, 2001, 115 Stat. 997, provided that the amendment made by section 509(f) is effective Nov. 30, 1999, and as if included in Pub. L. 106–117 as originally enacted.

16. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 § 204(e)(5) · 113 Stat. 1545

    Inserted · 38 U.S.C. § 7366(d)(3)(B)

    Pub. L. 106–117, § 204(e)(5), inserted “and the amount expended for direct support of education” after “research”

    Source evidence

    Code amendment note
    Subsec. (d)(3)(B). Pub. L. 106–117, § 204(e)(5), inserted “and the amount expended for direct support of education” after “research”.

    Enacted provision · exact public law section
    (5) in paragraph (3)(B), by inserting “and the amount expended for direct support of education” after “research”; and

    Effective date note
    Pub. L. 107–103, title V, § 509(f), Dec. 27, 2001, 115 Stat. 997, provided that the amendment made by section 509(f) is effective Nov. 30, 1999, and as if included in Pub. L. 106–117 as originally enacted.

17. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 § 204(e)(6) · 113 Stat. 1545

    Added · 38 U.S.C. § 7366(d)(4)

    Pub. L. 106–117, § 204(e)(6), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 106–117, § 204(e)(6), added par. (4).

    Enacted provision · exact public law section
    (6) by adding at the end the following new paragraph: “(4) The amount expended by each corporation during the year for travel conducted in conjunction with research and the amount expended for travel in conjunction with education.”.

    Effective date note
    Pub. L. 107–103, title V, § 509(f), Dec. 27, 2001, 115 Stat. 997, provided that the amendment made by section 509(f) is effective Nov. 30, 1999, and as if included in Pub. L. 106–117 as originally enacted.

18. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 title V § 509(f) · 115 Stat. 976

    Changed · 38 U.S.C. § 7366(d)(2)(D)

    Pub. L. 107–103 made technical correction to directory language of Pub. L. 106–117, § 204(e)(3). See 1999 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d)(2)(D). Pub. L. 107–103 made technical correction to directory language of Pub. L. 106–117, § 204(e)(3). See 1999 Amendment note below.

    Enacted provision · exact public law section
    (f) Correction of Previous Amendment.— Effective November 30, 1999, and as if included therein as originally enacted, section 204(e)(3) of the Veterans Millennium Health Care and Benefits Act (Public Law 106–117; 113 Stat. 1563) is amended by striking 38 USC 7366. “and inserting ‘a’;” and inserting “the first place it appears and inserting ‘an’;”.

    Effective date note
    Pub. L. 107–103, title V, § 509(f), Dec. 27, 2001, 115 Stat. 997, provided that the amendment made by section 509(f) is effective Nov. 30, 1999, and as if included in Pub. L. 106–117 as originally enacted.

19. 2003

    Pub. L. 108–170 title IV § 402(b) · 117 Stat. 2042

    1. Inserted · 38 U.S.C. § 7366(c)

       Pub. L. 108–170 inserted “(1)” after “(c)”

    2. Substituted · 38 U.S.C. § 7366(c)

       Pub. L. 108–170 substituted “any year shall be subject” for “any year—(1) shall be subject”

    3. Substituted · 38 U.S.C. § 7366(c)

       Pub. L. 108–170 substituted “functions.” for “functions; and”

    4. Added · 38 U.S.C. § 7366(c)

       Pub. L. 108–170 added par. (2)

    5. Struck · 38 U.S.C. § 7366(c)

       Pub. L. 108–170 struck out former par. (2) which read as follows: “shall submit to the Secretary a statement signed by the executive director of the corporation certifying that each director and employee is aware of, and has complied with, such laws and regulations in the same manner as Federal employees are required to.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–170 inserted “(1)” after “(c)”, substituted “any year shall be subject” for “any year—(1) shall be subject” and “functions.” for “functions; and”, added par. (2), and struck out former par. (2) which read as follows: “shall submit to the Secretary a statement signed by the executive director of the corporation certifying that each director and employee is aware of, and has complied with, such laws and regulations in the same manner as Federal employees are required to.”

    Enacted provision · exact public law section
    (b) Clarification of Executive Director’s Ethics Certification Duties.— Section 7366(c) is amended— (1) by inserting “(1)” after “(c)”; (2) by striking “any year—” and all that follows through “shall be subject” and inserting “any year shall be subject”; (3) by striking “functions; and” and inserting “functions.”; and (4) by striking paragraph (2) and inserting the following: “(2) Each corporation established under this subchapter shall each year submit to the Secretary a statement signed by the executive director of the corporation verifying that each director and employee has certified awareness of the laws and regulations referred to in paragraph (1) and of the consequences of violations of those laws and regulations in the same manner as Federal employees are required to so certify.” .

20. 2010

    Caregivers and Veterans Omnibus Health Services Act of 2010

    Pub. L. 111–163 § 806(a) · 124 Stat. 1130

    Amended · 38 U.S.C. § 7366(b)

    Pub. L. 111–163, § 806(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Each such corporation shall submit to the Secretary an annual report providing a detailed statement of its operations, activities, and accomplishments during that year. A corporation with revenues in excess of $300,000 for any year shall obtain an audit of the corporation for that year. A corporation with annual revenues between $10,000 and $300,000 shall obtain an independent audit of the corporation at least once every three years. Any audit under the preceding sentences shall be performed by an independent auditor. The corporation shall include the most recent such audit in the corporation’s report to the Secretary for that year.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–163, § 806(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Each such corporation shall submit to the Secretary an annual report providing a detailed statement of its operations, activities, and accomplishments during that year. A corporation with revenues in excess of $300,000 for any year shall obtain an audit of the corporation for that year. A corporation with annual revenues between $10,000 and $300,000 shall obtain an independent audit of the corporation at least once every three years. Any audit under the preceding sentences shall be performed by an independent auditor. The corporation shall include the most recent such audit in the corporation’s report to the Secretary for that year.”

    Enacted provision · exact public law section
    (a) Additional Information in Annual Reports.— Subsection (b) of section 7366 is amended to read as follows: “(b) (1) Each corporation shall submit to the Secretary each year a report providing a detailed statement of the operations, activities, and accomplishments of the corporation during that year. “(2) (A) A corporation with revenues in excess of $500,000 for any year shall obtain an audit of the corporation for that year. “(B) A corporation with annual revenues between $100,000 and $500,000 shall obtain an audit of the corporation at least once every three years. “(C) Any audit under this paragraph shall be performed by an independent auditor. “(3) The corporation shall include in each report to the Secretary under paragraph (1) the following: “(A) The most recent audit of the corporation under paragraph (2). “(B) The most recent Internal Revenue Service Form 990 ‘Return of Organization Exempt from Income Tax’ or equivalent and the applicable schedules under such form.” .

21. 2010

    Caregivers and Veterans Omnibus Health Services Act of 2010

    Pub. L. 111–163 § 806(b) · 124 Stat. 1130

    Amended · 38 U.S.C. § 7366(c)

    Pub. L. 111–163, § 806(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–163, § 806(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:

    “(c)(1) Each member of the board of directors of a corporation established under this subchapter, each employee of such a corporation, and each employee of the Department who is involved in the functions of the corporation during any year shall be subject to Federal laws and regulations applicable to Federal employees with respect to conflicts of interest in the performance of official functions. “(2) Each corporation established under this subchapter shall each year submit to the Secretary a statement signed by the executive director of the corporation verifying that each director and employee has certified awareness of the laws and regulations referred to in paragraph (1) and of the consequences of violations of those laws and regulations in the same manner as Federal employees are required to so certify.”

    Enacted provision · exact public law section
    (b) Conflict of Interest Policies.— Subsection (c) of such section is amended to read as follows: “(c) Each director, officer, and employee of a corporation established under this subchapter shall be subject to a conflict of interest policy adopted by that corporation.” .

22. 2010

    Caregivers and Veterans Omnibus Health Services Act of 2010

    Pub. L. 111–163 § 806(c) · 124 Stat. 1130

    Substituted · 38 U.S.C. § 7366(d)(3)(C)

    Pub. L. 111–163, § 806(c), substituted “$50,000” for “$35,000”

    Source evidence

    Code amendment note
    Subsec. (d)(3)(C). Pub. L. 111–163, § 806(c), substituted “$50,000” for “$35,000”.

    Enacted provision · exact public law section
    (c) Establishment of Appropriate Payee Reporting Threshold.— Subsection (d)(3)(C) of such section is amended by striking “$35,000” and inserting “$50,000”.

23. 2022

    Pub. L. 117–286 § 4(b)(61) · 136 Stat. 4196

    1. Substituted · 38 U.S.C. § 7366(a)(1)(B)

       Pub. L. 117–286 substituted “sections 404(a)(1) and 406(a)(1) of title 5,” for “sections 4(a)(1) and 6(a)(1) of the Inspector General Act of 1978,”

    2. Substituted · 38 U.S.C. § 7366(a)(1)(B)

       Pub. L. 117–286 substituted “chapter 4 of title 5.” for “such Act.”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 117–286 substituted “sections 404(a)(1) and 406(a)(1) of title 5,” for “sections 4(a)(1) and 6(a)(1) of the Inspector General Act of 1978,” and “chapter 4 of title 5.” for “such Act.”

    Enacted provision · exact public law section
    (61) Section 7366(a)(1)(B) of title 38, United States Code, is amended— (A) by striking “sections 4(a)(1) and 6(a)(1) of the Inspector General Act of 1978,” and inserting “sections 404(a)(1) and 406(a)(1) of title 5,”; and (B) by striking “such Act.” and inserting “chapter 4 of title 5.”.

29 of 29 references resolved to an enrolled provision