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Title 38, Veterans' BenefitsRelease 119-102

§8105 Structural Requirements

Title 38 › 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 › § 8105

Last updated Aug 21, 2026|Official source

Summary

All medical facilities the Secretary oversees, including nursing homes the Secretary contracts with and State homes built or changed under the law, must be built or modified to resist fire, earthquakes, and other natural disasters. The Secretary must set state- or region-based safety standards for these hazards after checking relevant state and local laws, building codes, and climate and seismic conditions. If an existing building is taken for use as a medical facility, it must be updated to meet those standards. The Secretary must create an Advisory Committee on Structural Safety of Department Facilities to advise on these rules. The committee must include at least one architect and at least one structural engineer who are experts in resistance to fire, earthquakes, and other natural disasters and who are not federal employees. The committee reviews and makes recommendations on construction and alteration standards. The Associate Deputy Secretary, the Under Secretary for Health (or that person’s designee), and the Department official who handles construction are automatic members.

Full Legal Text

Title 38, §8105

Veterans' Benefits, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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, § 5(c)(1), substituted “1720” for “620”. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” 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 “subchapter III of this chapter” for “section 5031 of this title”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1979 AmendmentAmendment 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,

Construction

, or alteration (not including exchange) was approved 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 CommitteesAdvisory 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.

Reference

Citations & Metadata

Citation

38 U.S.C. § 8105

Title 38, Veterans' Benefits

Last Updated

Aug 21, 2026

Release point: 119-102