38-U.S.C.-7363
§7363 – Board of Directors; Executive Director
Pathway
Title 38 > Part V > Chapter 73 > Subchapter IV > Section 7363
Details
- Reference: Section 7363
- Legend: §7363 – Board of Directors; Executive Director
- USCode Year: 2013
Provision Content
(a) The Secretary shall provide for the appointment of a board of directors for any corporation established under this subchapter. The board shall include—
(1) with respect to the Department medical center—
(A)(i) the director (or directors of each Department medical center, in the case of a multi-medical center research corporation);
(ii) the chief of staff; and
(iii) as appropriate for the activities of such corporation, the associate chief of staff for research and the associate chief of staff for education; or
(B) in the case of a Department medical center at which one or more of the positions referred to in subparagraph (A) do not exist, the official or officials who are responsible for carrying out the responsibilities of such position or positions at the Department medical center; and
(2) subject to subsection (c), not less than two members who are not officers or employees of the Federal Government and who have backgrounds, or business, legal, financial, medical, or scientific expertise, of benefit to the operations of the corporation.
(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.)
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (c), is classified generally to Title 26, Internal Revenue Code.
Amendments
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.
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