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STATUTORY NPC BOARD
REQUIREMENTS
VA Handbook 1200.17,
section 4. DIRECTORS, OFFICERS, AND EMPLOYEES OF CORPORATIONS states the
following:
a. Board of Directors
(a) The board must consist of at least five members including:
1. Statutory Directors, who are:
a. The medical center Director,
b. The Chief of Staff (COS), and
c. The Associate Chief of Staff for Research (ACOS/R&D).
d. The Associate Chief of Staff for Education (ACOS/E) is
included for research and education Corporations.
NOTE: In the case of a facility at which the positions of medical center Director, COS, ACOS/R&D, and ACOS/E do not exist, those officials who are responsible for carrying out the equivalent responsibilities shall serve on the board. Authority: 38 U.S.C. section 7363(a)(1); VAOPGCADV
40-89 (Office of General Counsel O.G.C.Adv.40-89).
2. Nonstatutory Directors. At least two persons who are not officers or employees of the Federal Government and who are familiar with issues involving research or education and training as appropriate for the activities of the Corporation. Members of the board who are not Federal officials or employees may not be affiliated with, employed by, or have any other financial relationship with any entity that is a source of funding for VA research and education unless that source of funding is a governmental entity or an entity the income of which is exempt from taxation under the Internal Revenue (IRS) Code of 1986. However, persons who own stock in such entities may be board members as long as they do not own a controlling interest. Authority: 38 U.S.C.
section 7363(c).
Note: NAVREF has pointed out to OGC that what are described above as “nonstatutory directors” are in fact statutory because the NPC authorizing statute mandates that the board must include these two individuals. A clarification will be provided in the next update of the handbook.
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