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COMPENDIUM OF VA LEGAL COUNSEL OPINIONS
The following is a compendium of selected
opinions pertinent to the VA-affiliated nonprofit research and education
foundations.
| Important |
 |
The compendium below contains selected
opinions rendered by the Office of General Counsel regarding research
corporations. Each opinion is unique to the question asked, the facts
and the law at the time the opinion was rendered. For more information,
contact a member of the OGC Corporations Panel or Regional Counsel.
INDEX
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O.G.E.
86 x 8 (8/7/86) |
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FULL
TEXT
VA employees may not be compensated for
market research project where participation arises solely from VA
employment.
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O.G.C.
Advisory 57-89 |
|
FULL
TEXT
VA research corporation ("NRC")
may not execute sharing agreements with VA (here, to supply clerical
support for photocopying) because funding is permitted only for research
and cannot be used to allow VA to trade services.
|
O.G.C.
Advisory 55-90 |
|
FULL
TEXT
VA research corporation may not invest
funds other than in federally-insured interest-bearing accounts.
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O.G.C.
Advisory 27-90 |
|
FULL
TEXT
A VA laboratory may transfer funds received
under a cooperative agreement for the conduct of research to its nonprofit
research corporation for administration if VA policy instructions are
waived or revised. Royalties and other income from licensing or assignment
of inventions owned by VA may not be transferred to and administered by a
nonprofit research corporation because the income is not used for VA
research.
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O.G.C.
Legal Opinion 4/4/90 |
|
FULL
TEXT
Sharing Agreements between VA Medical
Centers and Research Corporations regarding expenditures.
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O.G.C.
Advisory 1-91 |
|
FULL
TEXT
Full-time VA employees may work for VA
research corporations and be paid from grant funds subject to
conflict-of-interest laws.
|
O.G.C. Advisory 10-91 |
|
FULL
TEXT
VA employee may not receive pay at the
direction of the federal supervisor for off-duty work which is part of his
official duties. VA duties and NRC duties must be different.
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O.G.C.
Advisory 18-91 |
|
FULL
TEXT
VA may regulate research corporations and
purchase U.S. Treasury securities with grant funds where principal is not
at risk.
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Advisory
(8/15/91) |
|
FULL
TEXT
NRC for health care and general education
activities do not qualify as NRCs.
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O.G.C.
Advisory 27-91 |
|
FULL
TEXT
Department of Health and Human Services has
no statutory basis, either in the Clinical Laboratory Improvement Act of
1988, or elsewhere, for asserting jurisdiction over the operations of VA's
clinical laboratories.
|
O.G.C. Advisory 32-91 (Note: This
Advisory was rescinded.) |
|
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O.G.C.
Advisory 34-91 |
|
FULL
TEXT
VA employee's receipt of funds from his/her
VA superior and/or State University for their VA duties violates federal
law (18 U.S.C. 209).
|
O.G.C.
Unpublished Opinion
(12/30/91) |
|
FULL
TEXT
Research Corporations are not subject to
the GSA Supply Schedule.
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O.G.C.
Unpublished Opinion (9/8/92) |
|
FULL
TEXT
Research Corporations are prohibited
sources under the federal conflict of interest rules for purposes of
providing overseas travel funds to physicians.
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O.G.C.
Unpublished Opinion
(10/27/92) |
|
FULL
TEXT
A VA employee who is serving as a Director
of the Research Corporation may also serve as an unpaid officer of a
Research Corporation and is not thereby in violation of the prohibition
against performing certain outside activities beyond VA employment.
Research Corporation employees are not protected from liability under the
Federal Tort Claims Act.
|
O.G.C.
Unpublished Opinion (12/9/92) |
|
FULL
TEXT
Individuals owning royalty rights may
transfer the royalty rights to a VA nonprofit research corporation.
|
O.G.C.
Unpublished Opinion (4/29/93) |
|
FULL
TEXT
VA research corporations may transfer funds
to VA to reimburse the proper account for the payment of salaries to
permanent status, full time VA researchers.
|
Undated
White Paper |
|
FULL
TEXT
Research Corporations cannot enter into
CRADAs on behalf of the Government.
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O.G.C.
Unpublished Opinion (6/18/93) |
|
FULL
TEXT
Research Corporations are not prohibited
sources for purposes of the new standards of conduct
provided that the gift presented to VA is
for research-related purposes.
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O.G.C.
Advisory 23-93 |
|
FULL
TEXT
Research corporations can not solicit
charitable contributions if their tax exempt application prohibits them
from doing so. Research corporations can only sponsor programs that are
related to research activities. Research corporation employees and VA
employees serving on the research corporation Board of Directors ex
officio may engage in fund raising activities and solicit funds. The
research corporation may engage a professional fund raising agency. The
research corporation can be considered a participant donee under the
Combined Federal Campaign subject to approval by the Office of Personnel
Management.
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O.G.C.
Unpublished Opinion 2/16/96 |
|
FULL
TEXT
VA use of funds appropriated to the
Department to reimburse VA nonprofit research corporations for services
provided VA by corporation employees.
| O.G.C.
Opinion 023 (November 4, 1999) |
|
FULL
TEXT
Multi-Center Studies. Corporations may
administer multi-center studies
Compiled by Jeffrey Green, Staff
Attorney, Office of General Counsel
|
O.G.C. Opinion
2/7/1995 |
|
FULL TEXT
VA nonprofits may use Merrill Lynch's Working
Capital Management Account (later converted by ML to Endowment
Management Account) and the Insured Savings Program to manage funds.
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