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STATE AND FEDERAL LAWS AND REGULATIONS APPLICABLE TO THE VA AFFILIATED
RESEARCH AND EDUCATION CORPORATIONS AND
CLINICAL
RESEARCH AGREEMENTS
Instructions
for retrieving sections of the U.S. Code and the Code of Federal
Regulations referenced below.
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 |
| Authorizing
Statute |
Title
38, Sections 7361-7368,
Nonprofit
Research and Education Corporations |
| VA
Implementing Regulations |
Manual
Chapter 17
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 |
|
VA 38
Sharing Authority
(VA may contract to buy from and sell to corporations under
certain circumstances.) |
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
MP-5, Part I Chapter 300
April 8,
1983
VHS&RA Supplement, MP-5, Part
II Chapter 2
January 17, 1991
WOC Appointment Request
WOC Request for Personnel Action
|
| Intergovernmental
Personnel Act |
5 CFR Part
334
Provisions
Assignment Agreement |
Nonprofit Corporation Law
State Employment Law
State Tax 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
Title 5: Employee Classification
These lists are not exhaustive and are
intended only for general guidance. Questions should be directed to an
OGC Corporations Panel member. Lists provided by the OGC Corporations
Panel
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