38 U.S.C. § 7364: General powers

Summary

Allows a corporation set up under this law to handle money and do work to support VA research and training. The corporation can take gifts, grants, fees, and bequests, make contracts, charge fees for education and training, pay for those activities, hire staff and set their pay, and pay back the Department for legal help on research and education deals. Fees charged to Department officers or employees cannot be paid with money that was appropriated to the Department. Money paid back to the Office of General Counsel can only be used for staff, training, and related travel, and it does not expire at the end of a fiscal year. Non-Department money meant for research or education at VA medical centers can be moved to and run by the corporation. Any amounts moved after September 30, 2016, do not expire at the end of a fiscal year. A medical center may repay the corporation for the pay or benefits of a corporation employee assigned to the center if that assignment follows the federal rules in subchapter VI of chapter 33 of Title 5. A medical center may also keep funds given by the corporation; those funds are put into the Department’s appropriation account and do not expire. The corporation must get approval before spending money on research or education; research approvals must include a scientific review. The Under Secretary for Health can make rules to guide spending that fit the corporation’s purpose and follow federal and state laws and nonprofit rules for 501(c)(3) organizations.

Title 38, §7364

Veterans' Benefits, Source: USLM XML via OLRC

(a)In General.—

(1)A corporation established under this subchapter may, solely to carry out the purposes of this subchapter—

(A)accept, administer, retain, and spend funds derived from gifts, contributions, grants, fees, reimbursements, and bequests from individuals and public and private entities;

(B)enter into contracts and agreements with individuals and public and private entities;

(C)subject to paragraph (2), set fees for education and training facilitated under section 7362 of this title, and receive, retain, administer, and spend funds in furtherance of such education and training;

(D)reimburse amounts to the applicable appropriation account of the Department for the Office of General Counsel for any expenses of that Office in providing legal services attributable to research and education agreements under this subchapter; and

(E)employ such employees as the corporation considers necessary for such purposes and fix the compensation of such employees.

(2)Fees charged pursuant to paragraph (1)(C) for education and training described in that paragraph to individuals who are officers or employees of the Department may not be paid for by any funds appropriated to the Department.

(3)Amounts reimbursed to the Office of General Counsel under paragraph (1)(D) shall be available for use by the Office of the General Counsel only for staff and training, and related travel, for the provision of legal services described in that paragraph and shall remain available for such use without fiscal year limitation.

(b)Transfer and Administration of Funds.—

(1)Except as provided in paragraph (2), any funds received by the Secretary for the conduct of research or education at a Department medical center or centers, other than funds appropriated to the Department, may be transferred to and administered by a corporation established under this subchapter for such purposes. Any amounts so transferred after September 30, 2016, shall be available without regard to fiscal year limitations, notwithstanding section 1535(d) of title 31.

(2)A Department medical center may reimburse the corporation for all or a portion of the pay, benefits, or both of an employee of the corporation who is assigned to the Department medical center if the assignment is carried out pursuant to subchapter VI of chapter 33 of title 5.

(3)A Department medical center may retain and use funds provided to it by a corporation established under this subchapter. Such funds shall be credited to the applicable appropriation account of the Department and shall be available, without fiscal year limitation, for the purposes of that account.

(c)Research Projects.—

Except for reasonable and usual preliminary costs for project planning before its approval, a corporation established under this subchapter may not spend funds for a research project unless the project is approved in accordance with procedures prescribed by the Under Secretary for Health for research carried out with Department funds. Such procedures shall include a scientific review process.

(d)Education Activities.—

Except for reasonable and usual preliminary costs for activity planning before its approval, a corporation established under this subchapter may not spend funds for an education activity unless the activity is approved in accordance with procedures prescribed by the Under Secretary for Health.

(e)Policies and Procedures.—

The Under Secretary for Health may prescribe policies and procedures to guide the spending of funds by corporations established under this subchapter that are consistent with the purpose of such corporations as flexible funding mechanisms and with Federal and State laws and regulations, and executive orders, circulars, and directives that apply generally to the receipt and expenditure of funds by nonprofit organizations exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (e), is classified to section 501(c)(3) of Title 26, Internal Revenue Code.

Amendments

2021—Subsec. (b)(1). Pub. L. 116–315 inserted “Any amounts so transferred after September 30, 2016, shall be available without regard to fiscal year limitations, notwithstanding section 1535(d) of title 31.” at end. 2010—Pub. L. 111–163 amended section generally. Prior to amendment, section related to the general powers of a corporation established under this subchapter. 1999—Subsec. (c). Pub. L. 106–117 added subsec. (c). 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 4164 of this title as this section. Subsec. (b). Pub. L. 102–40, § 403(a)(2), substituted “Department” for “Veterans’ Administration”.

§7364 General Powers