Pub. L. 111-163, tit. VIII, sec. 801
GENERAL AUTHORITIES ON ESTABLISHMENT OF CORPORATIONS.
SEC. 801. GENERAL AUTHORITIES ON ESTABLISHMENT OF CORPORATIONS.(a) Authorization of Multi-medical Center Research Corporations.—(1) In general.—Section 7361 is amended—(A) by redesignating subsection (b) as subsection (e); and(B) by inserting after subsection (a) the following new subsection (b):“(b)(1) Subject to paragraph (2), a corporation established under this subchapter may facilitate the conduct of research, education, or both at more than one medical center. Such a corporation shall be known as a ‘multi-medical center research corporation’.“(2) The board of directors of a multi-medical center research corporation under this subsection shall include the official at each Department medical center concerned who is, or who carries out the responsibilities of, the medical center director of such center as specified in section 7363(a)(1)(A)(i) of this title.“(3) In facilitating the conduct of research, education, or both at more than one Department medical center under this subchapter, a multi-medical center research corporation may administer receipts and expenditures relating to such research, education, or both, as applicable, performed at the Department medical centers concerned.”.124 STAT. 1176(2) Expansion of existing corporations to multi-medical center research corporations.—Such section is further amended by adding at the end the following new subsection:“(f) A corporation established under this subchapter may act as a multi-medical center research corporation under this subchapter in accordance with subsection (b) if—“(1) the board of directors of the corporation approves a resolution permitting facilitation by the corporation of the conduct of research, education, or both at the other Department medical center or medical centers concerned; and“(2) the Secretary approves the resolution of the corporation under paragraph (1).”.(b) Restatement and Modification of Authorities on Applicability of State Law.—(1) In general.—Section 7361 as amended by subsection (a) of this section, is further amended by inserting after subsection (b) the following new subsection (c):“(c) Any corporation established under this subchapter shall be established in accordance with the nonprofit corporation laws of the State in which the applicable Department medical center is located and shall, to the extent not inconsistent with any Federal law, be subject to the laws of such State. In the case of any multi-medical center research corporation that facilitates the conduct of research, education, or both at Department medical centers located in different States, the corporation shall be established in accordance with the nonprofit corporation laws of the State in which one of such Department medical centers is located.”.(2) Conforming amendment.—Section 7365 is repealed.(c) Clarification of Status of Corporations.—Section 7361, as amended by this section, is further amended—(1) in subsection (a), by striking the second sentence; and(2) by inserting after subsection (c) the following new subsection (d):“(d)(1) Except as otherwise provided in this subchapter or under regulations prescribed by the Secretary, any corporation established under this subchapter, and its officers, directors, and employees, shall be required to comply only with those Federal laws, regulations, and executive orders and directives that apply generally to private nonprofit corporations.“(2) A corporation under this subchapter is not—“(A) owned or controlled by the United States; or“(B) an agency or instrumentality of the United States.”.(d) Reinstatement of Requirement for 501(c)(3) Status of Corporations.—Subsection (e) of section 7361, as redesignated by subsection (a)(1), is further amended by inserting “section 501(c)(3) of” after “exempt from taxation under”.