Pub. L. 108-170, tit. IV, sec. 402
ENHANCEMENT OF AUTHORITIES RELATING TO NONPROFIT RESEARCH CORPORATIONS.
SEC. 402. ENHANCEMENT OF AUTHORITIES RELATING TO NONPROFIT RESEARCH CORPORATIONS. (a) Coverage of Personnel Under Tort Claims Laws.—(1) Subchapter IV of chapter 73 is amended by inserting after section 7364 the following new section:“§ 7364A. Coverage of employees under certain Federal tort claims laws“(a) An employee of a corporation established under this subchapter who is described by subsection (b) shall be considered an employee of the Government, or a medical care employee of the Veterans Health Administration, for purposes of the following provisions of law:“(1) Section 1346(b) of title 28.“(2) Chapter 171 of title 28.“(3) Section 7316 of this title.“(b) An employee described in this subsection is an employee who—117 STAT. 2062“(1) has an appointment with the Department, whether with or without compensation;“(2) is directly or indirectly involved or engaged in research or education and training that is approved in accordance with procedures established by the Under Secretary for Health for research or education and training; and“(3) performs such duties under the supervision of Department personnel.” .(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7364 the following new item: “7364A. Coverage of employees under certain Federal tort claims laws.”. (b) Clarification of Executive Director’s Ethics Certification Duties.—Section 7366(c) is amended—(1) by inserting “(1)” after “(c)”;(2) by striking “any year—” and all that follows through “shall be subject” and inserting “any year shall be subject”;(3) by striking “functions; and” and inserting “functions.”; and(4) by striking paragraph (2) and inserting the following:“(2) Each corporation established under this subchapter shall each year submit to the Secretary a statement signed by the executive director of the corporation verifying that each director and employee has certified awareness of the laws and regulations referred to in paragraph (1) and of the consequences of violations of those laws and regulations in the same manner as Federal employees are required to so certify.”.(c) Five-Year Extension of Authority To Establish Research Corporations.—Section 7368 is amended by striking “December 31, 2003” and inserting “December 31, 2008”.