§7365 — Title 38 Veterans' Benefits | U.S. Code

Summary

Employees of a corporation set up under this subchapter who meet certain rules are treated as Government employees, or as medical care employees of the Veterans Health Administration, for 28 U.S.C. §1346(b), chapter 171 of title 28, and 38 U.S.C. §7316. The employee must have an appointment with the Department (with or without pay), be directly or indirectly involved in research or in education and training approved under procedures set by the Under Secretary for Health, and do the work under supervision by Department personnel.

Title 38, §7365

Veterans' Benefits — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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Stat. 221, which required any corporation established under this subchapter to be subject to applicable State law, was repealed by Pub.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.

§7365 Coverage of employees under certain Federal tort claims laws