
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7363]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
 CHAPTER 73--VETERANS HEALTH ADMINISTRATION--ORGANIZATION AND FUNCTIONS
 
                  SUBCHAPTER IV--RESEARCH CORPORATIONS
 
Sec. 7363. Board of directors; executive director

    (a) The Secretary 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 as appropriate, the assistant chief of staff 
    for research for the medical center and the assistant chief of staff 
    for education for the medical center, or, in the case of a facility 
    at which such positions do not exist, those officials who are 
    responsible for carrying out the responsibilities of the medical 
    center director, chief of staff, and, as appropriate, the assistant 
    chief of staff for research and the assistant chief of staff for 
    education; and
        (2) subject to subsection (c), members who are not officers or 
    employees of the Federal Government and who are familiar with issues 
    involving medical and scientific research or education, as 
    appropriate.

    (b) Each such corporation shall have an executive director who shall 
be appointed by the board of directors with the concurrence of the Under 
Secretary for Health of the Department. 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) 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 or education by 
the Department unless that source of funding is a governmental entity or 
an entity the income of which is exempt from taxation under the Internal 
Revenue Code of 1986.

(Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102 Stat. 
510, Sec. 4163; renumbered Sec. 7363 and amended Pub. L. 102-40, title 
IV, Secs. 401(a)(4)(B), 403(a)(1), (2), (4), May 7, 1991, 105 Stat. 221, 
239; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
1984; Pub. L. 104-262, title III, Sec. 343(b), Oct. 9, 1996, 110 Stat. 
3207; Pub. L. 106-117, title II, Sec. 204(c), Nov. 30, 1999, 113 Stat. 
1562.)

                       References in Text

    The Internal Revenue Code of 1986, referred to in subsec. (c), is 
classified generally to Title 26, Internal Revenue Code.


                               Amendments

    1999--Subsec. (a)(1). Pub. L. 106-117, Sec. 204(c)(1), substituted 
``as appropriate, the assistant chief of staff for research for the 
medical center and the assistant chief of staff for education for the 
medical center, or, in the case of a facility at which such positions do 
not exist, those officials who are responsible for carrying out the 
responsibilities of the medical center director, chief of staff, and, as 
appropriate, the assistant chief of staff for research and the assistant 
chief of staff for education; and'' for ``the assistant chief of staff 
for research of the medical center; and''.
    Subsec. (a)(2). Pub. L. 106-117, Sec. 204(c)(2), inserted ``or 
education, as appropriate'' after ``research''.
    Subsec. (c). Pub. L. 106-117, Sec. 204(c)(3), inserted ``or 
education'' after ``research''.
    1996--Subsec. (c). Pub. L. 104-262 struck out ``section 501(c)(3) 
of'' before ``the Internal Revenue Code of 1986''.
    1992--Subsec. (b). Pub. L. 102-405 substituted ``Under Secretary for 
Health'' for ``Chief Medical Director''.
    1991--Pub. L. 102-40, Sec. 401(a)(4)(B), renumbered section 4163 of 
this title as this section.
    Subsec. (a). Pub. L. 102-40, Sec. 403(a)(1), substituted 
``Secretary'' for ``Administrator'' in introductory provisions.
    Subsec. (a)(2). Pub. L. 102-40, Sec. 403(a)(4), struck out ``of this 
section'' after ``subsection (c)''.
    Subsec. (b). Pub. L. 102-40, Sec. 403(a)(2), substituted 
``Department'' for ``Veterans' Administration''.
    Subsec. (c). Pub. L. 102-40, Sec. 403(a)(4), struck out ``of this 
section'' after ``subsection (a)(2)''.
    Pub. L. 102-40, Sec. 403(a)(2), substituted ``Department'' for 
``Veterans' Administration''.
