Page:United States Statutes at Large Volume 124.djvu/1202

124 STAT. 1176 PUBLIC LAW 111–163—MAY 5, 2010 (2) EXPANSION OF EXISTING CORPORATIONS TO MULTI-MED - ICAL 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 sub- chapter in accordance with subsection (b) if— ‘‘(1) the board of directors of the corporation approves a resolution permitting facilitation by the corporation of the con- duct 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 sub- section (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 con- duct 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 (2) CONFORMING AMENDMENT.—Section 7365 is repealed.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 sub- section (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, regula- tions, 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’’. SEC. 802. CLARIFICATION OF PURPOSES OF CORPORATIONS. (a) CLARIFICATION OF PURPOSES.—Subsection (a) of section 7362 is amended in the first sentence— (1) by striking ‘‘Any corporation’’ and all that follows through ‘‘facilitate’’ and inserting ‘‘A corporation established under this subchapter shall be established to provide a flexible funding mechanism for the conduct of approved research and education at one or more Department medical centers and to facilitate functions related to the conduct of’’; and Repeal.