Title 38Veterans' BenefitsRelease 119-73

§7366 Accountability and oversight

Title 38 › Part PART V— - BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 73— - VETERANS HEALTH ADMINISTRATION—ORGANIZATION AND FUNCTIONS › Subchapter SUBCHAPTER IV— - RESEARCH CORPORATIONS › § 7366

Last updated Apr 6, 2026|Official source

Summary

Require corporations set up under this part to give their records to the Secretary and to be treated as part of the Department for Inspector General oversight. The corporations are also treated like agencies so the Comptroller General can inspect records. Each corporation must have a conflict-of-interest policy for its directors, officers, and employees. Every year the corporation must send the Secretary a report about its operations, and it must include its most recent audit and its most recent IRS Form 990 (or equivalent). Corporations with over $500,000 in yearly revenue must have an audit every year. Those with $100,000 to $500,000 must have an audit at least once every three years. All audits must be done by an independent auditor. The Secretary must send Congress an annual report listing each corporation’s location, money received (total and broken down by government vs. other sources for research and education, and naming any non-government source over $25,000), money spent (salary amounts by staff type, direct support for research and education, and naming any payee receiving over $50,000), and travel costs for research and education.

Full Legal Text

Title 38, §7366

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)(A)The records of a corporation established under this subchapter shall be available to the Secretary.
(B)For the purposes of section 404(a)(1) and 406(a)(1) of title 5, 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 chapter 4 of title 5.
(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)(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.
(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.
(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 an 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, 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 $50,000, 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (a)(1)(B). Pub. L. 117–286 substituted “section 404(a)(1) and 406(a)(1) of title 5,” for “section 4(a)(1) and 6(a)(1) of the Inspector General Act of 1978,” and “chapter 4 of title 5.” for “such Act.” 2010—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.” 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.” Subsec. (d)(3)(C). Pub. L. 111–163, § 806(c), substituted “$50,000” for “$35,000”. 2003—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.” 2001—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. 1999—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. 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”. 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”. 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”. Subsec. (d)(3)(B). Pub. L. 106–117, § 204(e)(5), inserted “and the amount expended for direct support of education” after “research”. Subsec. (d)(4). Pub. L. 106–117, § 204(e)(6), added par. (4). 1996—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”. 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”. 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.” 1991—Pub. L. 102–40, § 401(a)(4)(B), renumbered section 4166 of this title as this section. Subsec. (a)(1)(A). Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator”. Subsec. (a)(1)(B). Pub. L. 102–40, § 403(a)(2), substituted “Department” for “Veterans’ Administration” in two places. Subsec. (b). Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator” in two places. Subsec. (c). Pub. L. 102–40, § 403(a)(2), substituted “Department” for “Veterans’ Administration” in introductory provisions. Subsec. (c)(2). Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator”. Subsec. (d). Pub. L. 102–40, § 403(a)(1), substituted “Secretary” for “Administrator”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2001 Amendment 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.

Reference

Citations & Metadata

Citation

38 U.S.C. § 7366

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73