
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-103 Section 509(f)]
[Document affected by Public Law 107-103 Section 509(f)]
[CITE: 38USC7366]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
 CHAPTER 73--VETERANS HEALTH ADMINISTRATION--ORGANIZATION AND FUNCTIONS
 
                  SUBCHAPTER IV--RESEARCH CORPORATIONS
 
Sec. 7366. Accountability and oversight

    (a)(1)(A) The records of a corporation established under this 
subchapter shall be available to the Secretary.
    (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 
Department with respect to which the Inspector General of the Department 
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 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.
    (c) 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--
        (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 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.

    (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 for 
        research and the amount received from governmental entities for 
        education;
            (C) the amount received from all other sources for research 
        and the amount received from all other sources for education; 
        and
            (D) if the amount received from a source referred to in 
        subparagraph (C) exceeded $25,000, information that identifies a 
        source.

        (3) The amount expended by each corporation during the year, 
    including--
            (A) the amount expended for salary for research staff, the 
        amount expended for salary for education staff, and the amount 
        expended for salary for support staff;
            (B) the amount expended for direct support of research and 
        the amount expended for direct support of education; and
            (C) if the amount expended with respect to any payee 
        exceeded $35,000, information that identifies the payee.

        (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.

(Added Pub. L. 100-322, title II, Sec. 204(a), May 20, 1988, 102 Stat. 
511, Sec. 4166; renumbered Sec. 7366 and amended Pub. L. 102-40, title 
IV, Secs. 401(a)(4)(B), 403(a)(1), (2), May 7, 1991, 105 Stat. 221, 239; 
Pub. L. 104-262, title III, Sec. 343(c)-(e), Oct. 9, 1996, 110 Stat. 
3207; Pub. L. 106-117, title II, Sec. 204(e), Nov. 30, 1999, 113 Stat. 
1563.)

                       References in Text

    The Inspector General Act of 1978, referred to in subsec. (a)(1)(B), 
is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is 
set out in the Appendix to Title 5, Government Organization and 
Employees.


                               Amendments

    1999--Subsec. (d)(2)(B). Pub. L. 106-117, Sec. 204(e)(1), inserted 
``for research and the amount received from governmental entities for 
education'' before the semicolon at end.
    Subsec. (d)(2)(C). Pub. L. 106-117, Sec. 204(e)(2), inserted ``for 
research and the amount received from all other sources for education'' 
before ``; and''.
    Subsec. (d)(2)(D). Pub. L. 106-117, Sec. 204(e)(3), which directed 
the amendment of subpar. (D) by substituting ``a'' for ``the'', was 
executed by substituting ``identifies a source'' for ``identifies the 
source'', to reflect the probable intent of Congress.
    Subsec. (d)(3)(A). Pub. L. 106-117, Sec. 204(e)(4), substituted ``, 
the amount expended for salary for education staff, and the amount 
expended'' for ``and''.
    Subsec. (d)(3)(B). Pub. L. 106-117, Sec. 204(e)(5), inserted ``and 
the amount expended for direct support of education'' after 
``research''.
    Subsec. (d)(4). Pub. L. 106-117, Sec. 204(e)(6), added par. (4).
    1996--Subsec. (b). Pub. L. 104-262, Sec. 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''.
    Subsec. (c)(2). Pub. L. 104-262, Sec. 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''.
    Subsec. (d). Pub. L. 104-262, Sec. 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.''
    1991--Pub. L. 102-40, Sec. 401(a)(4)(B), renumbered section 4166 of 
this title as this section.
    Subsec. (a)(1)(A). Pub. L. 102-40, Sec. 403(a)(1), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (a)(1)(B). Pub. L. 102-40, Sec. 403(a)(2), substituted 
``Department'' for ``Veterans' Administration'' in two places.
    Subsec. (b). Pub. L. 102-40, Sec. 403(a)(1), substituted 
``Secretary'' for ``Administrator'' in two places.
    Subsec. (c). Pub. L. 102-40, Sec. 403(a)(2), substituted 
``Department'' for ``Veterans' Administration'' in introductory 
provisions.
    Subsec. (c)(2). Pub. L. 102-40, Sec. 403(a)(1), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (d). Pub. L. 102-40, Sec. 403(a)(1), substituted 
``Secretary'' for ``Administrator''.
