38 U.S.C. § 8106 — Construction contracts

Page 1308 TITLE 38—VETERANS’ BENEFITS § 8105 erans Affairs from any statutory or regulatory obliga- tions or requirements existing prior to the enactment of this section and such amendments.’’ § 8105. Structural requirements (a) Each medical facility (including each nurs- ing home facility for which the Secretary con- tracts under section 1720 of this title and each State home facility constructed or altered under subchapter III of this chapter) shall be of fire, earthquake, and other natural disaster resistant construction in accordance with standards which the Secretary shall prescribe on a State or regional basis after surveying appropriate State and local laws, ordinances, and building codes and climatic and seismic conditions perti- nent to each such facility. When an existing structure is acquired for use as a medical facil- ity, it shall be altered to comply with such standards. (b)(1) In order to carry out this section, the Secretary shall appoint an advisory committee to be known as the ‘‘Advisory Committee on Structural Safety of Department Facilities’’, on which shall serve at least one architect and one structural engineer who are experts in struc- tural resistance to fire, earthquake, and other natural disasters and who are not employees of the Federal Government. (2) Such advisory committee shall advise the Secretary on all matters of structural safety in the construction and altering of medical facili- ties in accordance with the requirements of this section and shall review and make recommenda- tions to the Secretary on the regulations pre- scribed under this section. (3) The Associate Deputy Secretary, the Under Secretary for Health or the designee of the Under Secretary for Health, and the Department official charged with the responsibility for con- struction shall be ex officio members of such ad- visory committee. (Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 57, § 5005; amended Pub. L. 96–128, title V, § 501(e), Nov. 28, 1979, 93 Stat. 987; renum- bered § 8105, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.) Editorial Notes AMENDMENTS 1992—Subsec. (b)(3). Pub. L. 102–405 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Direc- tor’’ in two places. 1991—Pub. L. 102–40 renumbered section 5005 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1720’’ for ‘‘620’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in two places. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ wherever appearing. 1979—Subsec. (a). Pub. L. 96–128 substituted ‘‘sub- chapter III of this chapter’’ for ‘‘section 5031 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–128 effective Nov. 28, 1979, see section 601(b) of Pub. L. 96–128, set out as a note under section 1114 of this title. EFFECTIVE DATE Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construc- tion, or alteration (not including exchange) was ap- proved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title. TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees. § 8106. Construction contracts (a) The Secretary may carry out any construc- tion or alteration authorized under this sub- chapter by contract if the Secretary considers it to be advantageous to the United States to do so. (b)(1) The Secretary may obtain, by contract or otherwise, the services of individuals who are architects or engineers and of architectural and engineering corporations and firms, to the ex- tent that the Secretary may require such serv- ices for any medical facility authorized to be constructed or altered under this subchapter. (2) No corporation, firm, or individual may be employed under the authority of paragraph (1) of this subsection on a permanent basis. (c) Notwithstanding any other provision of this section, the Secretary shall be responsible for all construction authorized under this sub- chapter, including the interpretation of con- struction contracts, the approval of materials and workmanship supplied pursuant to a con- struction contract, approval of changes in the construction contract, certification of vouchers for payments due the contractor, and final set- tlement of the contract. (Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 58, § 5006; renumbered § 8106, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 5006 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration Page 1309 TITLE 38—VETERANS’ BENEFITS § 8109 of any medical facilities if the acquisition, construc- tion, or alteration (not including exchange) was ap- proved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title. [§ 8107. Repealed. Pub. L. 111–163, title V, § 501(b)(1), May 5, 2010, 124 Stat. 1157] Section, added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 58, § 5007; amended Pub. L. 99–166, title III, § 302(a)–(c)(1), Dec. 3, 1985, 99 Stat. 955; Pub. L. 99–576, title II, § 222, Oct. 28, 1986, 100 Stat. 3259; renumbered § 8107 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(f)(3), June 13, 1991, 105 Stat. 287; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104–262, title II, § 204, Oct. 9, 1996, 110 Stat. 3188; Pub. L. 105–368, title X, § 1005(b)(18), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 108–170, title II, § 203, Dec. 6, 2003, 117 Stat. 2048, related to operational and construction plans for medical facilities. § 8108. Contributions to local authorities The Secretary may make contributions to local authorities toward, or for, the construc- tion of traffic controls, road improvements, or other devices adjacent to a medical facility if considered necessary for safe ingress or egress. (Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 58, § 5008; renumbered § 8108, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in former section 5001(g) of this title prior to the general revision of this subchapter by Pub. L. 96–22. AMENDMENTS 1991—Pub. L. 102–40 renumbered section 5008 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construc- tion, or alteration (not including exchange) was ap- proved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title. § 8109. Parking facilities (a) For the purpose of this section— (1) The term ‘‘garage’’ means a structure (or part of a structure) in which vehicles may be parked. (2) The term ‘‘parking facility’’ includes— (A) a surface parking lot; and (B) a garage. (3) The term ‘‘eligible person’’ means an in- dividual to whom the Secretary is authorized to furnish medical examination or treatment. (b) In order to accommodate the vehicles of employees of medical facilities, vehicles used to transport veterans and eligible persons to or from such facilities for the purpose of examina- tion or treatment, and the vehicles of visitors and other individuals having business at such fa- cilities, the Secretary— (1) may construct or alter parking facilities, and may acquire, by purchase, lease, con- demnation, donation, exchange, or otherwise, such land or interests in land as the Secretary considers necessary for use as the site for any such construction or alteration; (2) may acquire, by purchase, lease, con- demnation, donation, exchange, or otherwise, any facility that the Secretary considers nec- essary for use as a parking facility; (3) may operate and maintain parking facili- ties; and (4) notwithstanding subsection (a) of section 1344 of title 31, may use a passenger carrier (as such term is defined in subsection (h)(1) of such section) to transport such an employee between a parking facility and the medical fa- cility of the Department at which the em- ployee works. (c)(1) Except as provided in paragraph (2) of this subsection, each employee, visitor, and other individual having business at a medical fa- cility for which parking fees have been estab- lished under subsection (d) or (e) of this section shall be charged the applicable parking fee for the use of a parking facility at such medical fa- cility. (2) A parking fee shall not be charged under this subsection for the accommodation of any vehicle used to transport to or from a medical facility— (A) a veteran or eligible person in connec- tion with such veteran or eligible person seek- ing examination or treatment; or (B) a volunteer worker (as determined in ac- cordance with regulations which the Secretary shall prescribe) in connection with such work- er performing services for the benefit of vet- erans receiving care at a medical facility. (3) The Secretary shall collect (or provide for the collection of) parking fees charged under this subsection. (d)(1) For each medical facility where funds from the revolving fund described in subsection (h) of this section are expended for— (A) a garage constructed or acquired by the Department at a cost exceeding $500,000 (or, in the case of acquisition by lease, $100,000 per year); or (B) a project for the alteration of a garage at a cost exceeding $500,000, the Secretary shall prescribe a schedule of park- ing fees to be charged at all parking facilities used in connection with such medical facility. (2) The parking fee schedule prescribed for a medical facility referred to in paragraph (1) of this subsection shall be designed to establish fees which the Secretary determines are reason- able under the circumstances. (e) The Secretary may prescribe a schedule of parking fees for the parking facilities at any medical facility not referred to in subsection (d) of this section. Any such schedule shall be de- signed to establish fees which the Secretary de- termines to be reasonable under the cir-