
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC8105]

 
                      TITLE 38--VETERANS' BENEFITS
 
            PART VI--ACQUISITION AND DISPOSITION OF PROPERTY
 
   CHAPTER 81--ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY 
FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY
 
      SUBCHAPTER I--ACQUISITION AND OPERATION OF MEDICAL FACILITIES
 
Sec. 8105. Structural requirements

    (a) Each medical facility (including each nursing home facility for 
which the Secretary contracts 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 pertinent to each such facility. When an existing 
structure is acquired for use as a medical facility, 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 
structural 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 
facilities in accordance with the requirements of this section and shall 
review and make recommendations to the Secretary on the regulations 
prescribed 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 construction shall be ex 
officio members of such advisory committee.

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93 Stat. 
57, Sec. 5005; amended Pub. L. 96-128, title V, Sec. 501(e), Nov. 28, 
1979, 93 Stat. 987; renumbered Sec. 8105, Pub. L. 102-40, title IV, 
Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-83, 
Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 
404-406; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 
Stat. 1984.)


                               Amendments

    1992--Subsec. (b)(3). Pub. L. 102-405 substituted ``Under Secretary 
for Health'' for ``Chief Medical Director'' in two places.
    1991--Pub. L. 102-40 renumbered section 5005 of this title as this 
section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1720'' for 
``620''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' in two places.
    Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' wherever appearing.
    1979--Subsec. (a). Pub. L. 96-128 substituted ``subchapter III of 
this chapter'' for ``section 5031 of this title''.


                    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.


                   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 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, 
Government Organization and Employees.
