2018 US Code
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—

(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 or employed by 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, §204(a), May 20, 1988, 102 Stat. 510, §4163; renumbered §7363 and amended Pub. L. 102–40, title IV, §§401(a)(4)(B), 403(a)(1), (2), (4), May 7, 1991, 105 Stat. 221, 239; Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104–262, title III, §343(b), Oct. 9, 1996, 110 Stat. 3207; Pub. L. 106–117, title II, §204(c), Nov. 30, 1999, 113 Stat. 1562; Pub. L. 111–163, title VIII, §803, May 5, 2010, 124 Stat. 1177.)

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

2010—Subsec. (a)(1). Pub. L. 111–163, §803(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "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".

Subsec. (a)(2). Pub. L. 111–163, §803(b), inserted "not less than two" before "members who are not" and substituted "and who have backgrounds, or business, legal, financial, medical, or scientific expertise, of benefit to the operations of the corporation." for "and who are familiar with issues involving medical and scientific research or education, as appropriate."

Subsec. (c). Pub. L. 111–163, §803(c), substituted "or employed by" for ", employed by, or have any other financial relationship with".

1999—Subsec. (a)(1). Pub. L. 106–117, §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, §204(c)(2), inserted "or education, as appropriate" after "research".

Subsec. (c). Pub. L. 106–117, §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, §401(a)(4)(B), renumbered section 4163 of this title as this section.

Subsec. (a). Pub. L. 102–40, §403(a)(1), substituted "Secretary" for "Administrator" in introductory provisions.

Subsec. (a)(2). Pub. L. 102–40, §403(a)(4), struck out "of this section" after "subsection (c)".

Subsec. (b). Pub. L. 102–40, §403(a)(2), substituted "Department" for "Veterans' Administration".

Subsec. (c). Pub. L. 102–40, §403(a)(4), struck out "of this section" after "subsection (a)(2)".

Pub. L. 102–40, §403(a)(2), substituted "Department" for "Veterans' Administration".