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38 U.S.C. § 7366 — Accountability and oversight
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) The records of a corporation established under this subchapter shall be available to the Secretary.
(B) For the purposes of sections 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section716&num=0&edition=prelim) (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)**
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Source location: Title 38, Chapter 73, § 7366; chapter-073-veterans-health-administration-organization-and-functions.md
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**(a)**
(1)
(A) The records of a corporation established under this subchapter shall be available to the Secretary.
(B) For the purposes of sections 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section716&num=0&edition=prelim) (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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Comptroller General is authorized to obtain such agency records as the Comptroller General requires to discharge the duties of the Comptroller General (including audit, evaluation, and investigative duties), including through the bringing of civil actions under this section. In reviewing a civil action under this section, the court shall recognize the continuing force and effect of the authorization in the preceding sentence until such time as the authorization is repealed pursuant to law.
(2) Each agency shall give the Comptroller General information the Comptroller General requires about the duties, powers, activities, organization, and financial transactions of the agency. The Comptroller General may inspect an agency record to get the information. This subsection does not apply to expenditures made under section 3524 or 3526(e) of this title.
**(b)**
(1) When an agency record is not made available to the Comptroller General within a reasonable time, the Comptroller General may make a written request to the head of the agency. The request shall state the authority for inspecting the records and the reason for the inspection. The head of the agency has 20 days after receiving the request to respond. The response shall describe the record withheld and the reason the record is being withheld. If the Comptroller General is not given an opportunity to inspect the record within the 20-day period, the Comptroller General may file a report with the President, the Director of the Office of Management and Budget, the Attorney General, the head of the agency, and Congress.
(2) Through an attorney the Comptroller General designates in writing, the Comptroller General may bring a civil action in the district court of the United States for the District of Colu
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 716
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Federal law — U.S. Code and appendices · legal_authorities
Page 1208
TITLE 38—VETERANS’ BENEFITS
§ 7366
(1) has an appointment with the Depart-
ment, whether with or without compensation;
(2) is directly or indirectly involved or en-
gaged in research or education and training
that is approved in accordance with proce-
dures established by the Under Secretary for
Health for research or education and training;
and
(3) performs such duties under the super-
vision of Department personnel.
(Added Pub. L. 108–170, title IV, § 402(a)(1), Dec. 6,
2003, 117 Stat. 2061, § 7364A; renumbered § 7365,
Pub. L. 111–163, title VIII, § 805(a), May 5, 2010,
124 Stat. 1179.)
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 estab-
lished 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.
§ 7366. Accountability and oversight
(a)(1)(A) The records of a corporation estab-
lished under this subchapter shall be available
to the Secretary.
(B) For the purposes of sections 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 chap-
ter 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 in-
spection of records by the Comptroller General).
(b)(1) Each c
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7366
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.