38 U.S.C. § 8105 — Structural requirements

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