Legal Resources - Legal Reference Materials

legal resources

STATE AND FEDERAL LAWS AND REGULATIONS APPLICABLE TO THE VA AFFILIATED
RESEARCH AND EDUCATION CORPORATIONS AND
RESEARCH AGREEMENTS

These lists are not exhaustive and are intended only for general guidance. Questions should be directed to private legal counsel or to a VA attorney.

Click here for instructions for retrieving sections of the U.S. Code and the Code of Federal Regulations referenced below.

Research Agreements

The following issues are governed by Federal statutes or regulations.
Therefore, terms generally are not negotiable:

Indemnification of drug company by the U.S. government	28 U.S.C. § 1346 (b) 28 U.S.C. § 2671
Patents and inventions:	35 U.S.C. § 102 35 U.S.C. § 200-212 37 C.F.R. § 501 38 C.F.R. §§ 1.650 - 666
Copyrights, the Federal Copyright Act of 1976, as amended	17 U.S.C. § 101, et seq.
Endorsements (advertising)	5 C.F.R. § 2635.702
Freedom of Information	Act 5 U.S.C. § 552
Privacy Act	5 U.S.C. § 552 (a)
Treatment of Research-Related Injuries	38 C.F.R. 17.85

Federal

NPC Authorizing Statute	38 U.S.C. §§ 7361-7366, Nonprofit Research and Education Corporations
VA Implementing Regulations	Handbook 1200.17
Standards of Ethical Conduct for Federal Employees Conflict of Interest Statute	5 C.F.R. Part 2635 5 C.F.R. 2635.401-403 Available on Office of Government Ethics web site: http://www.usoge.gov/
Anti-Supplementation of Salary Statutes	18 U.S.C. 209 18 U.S.C. 216
Federal Tort Claims Act	28 U.S.C. 2671
VA Research Mission
Income Tax Law
Patent Law	35 U.S.C. § 102 35 U.S.C. § 200-212 37 C.F.R. § 501 38 C.F.R. §§ 1.650 - 666
VA 38 Sharing Authority	38 U.S.C. § 8153
Inspector General Act of 1978
Chief Financial Officer's Act of 1990	Chief Financial Officer's Act of 1990
Reimbursing Medical Care Appropriation	38 C.F.R. §17.102 (g) M-1, Part I Chapter 15 1982 MP-4, Part V Change 194 November 7, 1985
Without Compensation WOC Appointments	Federal Statutes: 38 USC 513 38 USC 7405 38 USC 7401 WOC Appointment Request WOC Request for Personnel Action
Intergovernmental Personnel Act	5 CFR Part 334 Provisions Assignment Agreement

State

Nonprofit Corporation Law

State Employment Law

State Tax Law

State Labor Law

Federal Laws and Regulations Generally NOT Applicable to NPCs

Freedom of Information Act (However, note that corporation documents contained in a VA file may be releasable by VA if FOIA request is made to VA.)

Privacy Act

GSA Supply Schedule

Federal Acquisition Regulations. Note: FAR does not apply to NPC procurement unless the terms of a federal contract require compliance with FAR.

Title 5: Employee Classification

These lists are not exhaustive and are intended only for general guidance. Questions should be directed to private legal counsel or a VA attorney. NAVREF thanks VA Regional Counsel attorneys for providing items for the above lists.

last updated: 01/04/10