---
kind: "section"
citation: "38 U.S.C. § 7365"
title: "38"
title_heading: "Veterans’ Benefits"
number: "7365"
heading: "Coverage of employees under certain Federal tort claims laws"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/7365"
units:
  - "Part V — Boards, Administrations, and Services"
  - "Chapter 73 — Veterans Health Administration—organization and Functions"
  - "Subchapter IV — Research Corporations"
---

# §7365. 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)](#b) shall be considered an employee of the Government, or a medical care employee of the [Veterans](/usc/38/101.md?p=2) Health Administration, for purposes of the following provisions of law:
  - (1) [Section 1346(b) of title 28](/usc/28/1346.md?p=b).
  - (2) Chapter 171 of title 28.
  - (3) [Section 7316 of this title](/usc/38/7316.md).
- (b) An employee described in this subsection is an employee who—
  - (1) has an appointment with the [Department](/usc/38/101.md?p=1), whether with or without [compensation](/usc/38/101.md?p=13);
  - (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](/usc/38/101.md?p=1) for Health for research or education and training; and
  - (3) performs such duties under the supervision of [Department](/usc/38/101.md?p=1) personnel.

## Source credit

(Added Pub. L. 108–170, title IV, § 402(a)(1), Dec. 6, 2003, 117 Stat. 2061, § 7364A; renumbered § 7365, Pub. L. 111–163, title VIII, § 805(a), May 5, 2010, 124 Stat. 1179.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 7365, added Pub. L. 100–322, title II, § 204(a), May 20, 1988, 102 Stat. 511, § 4165; renumbered § 7365, Pub. L. 102–40, title IV, § 401(a)(4)(B), May 7, 1991, 105 Stat. 221, which required any corporation established under this subchapter to be subject to applicable State law, was repealed by Pub. L. 111–163, title VIII, § 801(b)(2), May 5, 2010, 124 Stat. 1176.

### Amendments

2010—Pub. L. 111–163 renumbered section 7364A of this title as this section.