§ 8110. Operation of medical facilities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1979

   Veterans’ Health Care Amendments of 1979

   Pub. L. 96–22 title III § 301(a) · 93 Stat. 47

   Enacted · 38 U.S.C. § 8110

   Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 59, § 5010

   Source evidence

   Code source credit
   Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 59, § 5010

   Enacted provision · exact public law section
   (a) Subchapter I of chapter 81 is amended to read as follows: “Subchapter I— Acquisition and Operation of Medical Facilities “§5001. Definitions “For the purposes of this subchapter: “(1) The term ‘alter’, with respect to a medical facility, means to repair, remodel, improve, or extend such medical facility. “(2) The terms ‘construct’ and ‘alter’, with respect to a medical facility, include such engineering, architectural, legal, fiscal, and economic investigations and studies and such surveys, designs, plans, working drawings, specifications, procedures, and other similar actions as are necessary for the construction or alteration, as the case may be, of such medical facility and as are carried out after the completion of the advanced planning (including the development of project requirements and preliminary plans) for such facility. “(3) The term ‘medical facility’ means any facility or part thereof which is, or will be, under the jurisdiction of the Administrator for the provision of health-care services (including hospital, nursing home, or domiciliary care or medical services), including any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, trackage facilities leading thereto, abutting sidewalks, accommodations for attending personnel, and recreation facilities associated therewith. “(4) The term ‘committee’ means the Committee on Veterans’ Affairs of the House of Representatives or the Committee on Veterans’ Affairs of the Senate, and the term ‘committees’ means both such committees. “§5002. Acquisition of medical facilities “(a) The Administrator shall provide medical facilities for veterans entitled to hospital, nursing home, or domiciliary care or medical services under this title. “(b) No medical facility may be constructed or otherwise acquired or altered except in accordance with the provisions of this subchapter. “(c) In carrying out this subchapter, the Administrator— Functions. “(1) shall provide for the construction and acquisition of medical facilities in a manner that results in the equitable distribution of such facilities throughout the United States, taking into consideration the comparative urgency of the need for the services to be provided in the case of each particular facility; and “(2) shall give due consideration to excellence of architecture and design. “§5003. Authority to construct and alter, and to acquire sites for, medical facilities “(a) Subject to section 5004 of this title, the Administrator— “(1) may construct or alter any medical facility and may acquire, by purchase, lease, condemnation, donation, exchange, or otherwise, such land or interests in land as the Administrator considers necessary for use as the site for such construction or alteration; “(2) may acquire, by purchase, lease, condemnation, donation, exchange, or otherwise, any facility (including the site of such facility) that the Administrator considers necessary for use as a medical facility; and “(3) in order to assure compliance with section 5010(a)(2) of this title, in the case of any outpatient medical facility for which it is proposed to lease space and for which a qualified lessor and an appropriate leasing arrangement are available, shall execute a lease for such facility within 12 months after funds are made available for such purpose. “(b) Whenever the Administrator considers it to be in the interest of the United States to construct a new medical facility to replace an existing medical facility, the Administrator (1) may demolish the existing facility and use the site on which it is located for the site of the new medical facility, or (2) if in the judgment of the Administrator it is more advantageous to construct such medical facility on a different site in the same locality, may exchange such existing facility and the site of such existing facility for the different site. “(c) Whenever the Administrator determines that any site acquired for the construction of a medical facility is not suitable for that purpose, the Administrator may exchange such site for another site to be used for that purpose or may sell such site. “§5004. Congressional approval of certain medical facility acquisitions “(a) In order to ensure the equitable distribution of medical facilities throughout the United States, taking into consideration the comparative urgency of the need for the services to be provided in the case of each particular facility— “(1) no appropriation may be made for the construction, alteration, or acquisition (not including exchanges) of any medical facility which involves a total expenditure of more than $2,000,000 unless each committee has first adopted a resolution approving such construction, alteration, or acquisition and setting forth the estimated cost thereof; and “(2) no appropriation may be made for the lease of any space for use as a medical facility at an average annual rental of more than $500,000 unless each committee has first adopted a resolution approving such lease and setting forth the estimated cost thereof. “(b) In the event that the President or the Administrator proposes to the Congress the funding of any construction, alteration, lease, or other acquisition to which subsection (a) of this section is applicable, the Administrator shall submit to each committee, on the same day, a prospectus of the proposed medical facility. Such prospectus shall Contents. include— “(1) a detailed description of the medical facility to be constructed, altered, leased, or otherwise acquired under this subchapter, including a description of the location of such facility; “(2) an estimate of the cost to the United States of the construction, alteration, lease, or other acquisition of such facility (including site costs, if applicable); and “(3) an estimate of the cost to the United States of the equipment required for the operation of such facility. “(c) The estimated cost of any construction, alteration, lease, or Cost increase, limitation. other acquisition that is approved under this section, as Set forth in the pertinent resolutions described in subsection (a) of this section, may be increased by the Administrator in the contract for such construction, alteration, lease, or other acquisition by an amount equal to the percentage increase, if any, as determined by the Administrator, in construction, alteration, lease, or other acquisition costs, as the case may be. from the date of such approval to the date of contract, but in no event may the amount of such increase exceed 10 per centum of such estimated cost. “(d) In the case of any medical facility approved for construction, Rescinding of approval. alteration, lease, or other acquisition by each committee under subsection la) of this section for which funds have not been appropriated within one year after the date of such approval, either such committee may by resolution rescind its approval at any time thereafter before such funds are appropriated. “(e) In any case in which the Administrator proposes that funds be used for a purpose other than the purpose for which such funds were appropriated, the Administrator shall promptly notify each committee, in writing, of the particulars involved and the reasons why such funds were not used for the purpose for which appropriated. “(f) The Administrator may accept gifts or donations for any of the Gifts or donations. purposes of this subchapter. “§5005. Structural requirements “(a) Each medical facility (including each nursing home facility for which the Administrator contracts under section 620 of this title and 38 USC 620. each State home facility constructed or altered under section 5031 of this title) shall be of fire, earthquake, and other natural disaster 38 USC 5031. resistant construction in accordance with standards which the Administrator 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 Administrator shall Advisory Committee on Structural Safety of Veterans’ Administration Facilities; membership. appoint an advisory committee to be known as the Advisory Committee on Structural Safety of Veterans’ Administration 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 Administrator on all Function. 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 Administrator on the regulations prescribed under this section. “(3) The Associate Deputy Administrator, the Chief Medical Director Ex officio members. or the designee of the Chief Medical Director, and the Veterans’ Administration official charged with the responsibility for construction shall be ex officio members of such advisory committee. “§5006. Construction contracts “(a) The Administrator may carry out any construction or alteration authorized under this subchapter by contract if the Administrator considers it to be advantageous to the United States to do so. “(b) (1) The Administrator 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 extent that the Administrator may require such services 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 Administrator shall be responsible for all construction authorized under this subchapter, including the interpretation of construction contracts, the approval of materials and workmanship supplied pursuant to a construction contract, approval of changes in the construction contract, certification of vouchers for payments due the contractor, and final settlement of the contract. “§5007. Reports to congressional committees “(a) In order to promote effective planning for the orderly construction, replacement, and alteration of medical facilities in accordance with the comparative urgency of the need for the services to be provided by such facilities, the Administrator shall submit to each committee an annual report on the construction, replacement, and alteration of medical facilities. Such report shall be submitted to the Contents. committees on the same day each year and shall contain— “(1) a five-year plan for the construction, replacement, or alteration of those medical facilities that, in the judgment of the Administrator, are most in need of construction, replacement, or alteration; “(2) a list, in order of priority, of not less than ten hospitals that, in the judgment of the Administrator, are most in need of construction or replacement; and “(3) general plans (including projected costs, site location, and, if appropriate, necessary land acquisition) for each medical facility included in the five-year plan required under clause (1) of this subsection or the list required under clause (2) of this subsection. The first such report shall be submitted not later than September 1, 1979, and each succeeding report shall be submitted not later than June 30 of each year. “(b) The Administrator shall submit to each committee not later than January 31 of each year (beginning in 1981) a report showing the location, space, cost, and status of each medical facility the construction, alteration, lease, or other acquisition of which has been Ante, p. 56. approved under section 5004(a) of this title and, in the case of the second and each succeeding report made under this subsection, which was uncompleted as of the date of the last preceding report made under this subsection. “§5008. Contributions to local authorities “The Administrator may make contributions to local authorities toward, or for, the construction of traffic controls, road improvements, or other devices adjacent to a medical facility if considered necessary for safe ingress or egress. “§5069. Garages and parking facilities “(a) The Administrator may construct, alter, operate, and maintain, on reservations of medical facilities, garages and parking facilities for the accommodation of privately owned vehicles of employees of such facilities and vehicles of visitors and other individuals having business at such facilities. “(b) (1) The Administrator may establish and collect (or provide for Fees. the collection of) fees for the use of such garages and parking facilities at such rate or rates which the Administrator determines would be reasonable under the particular circumstances; but no fee may be charged for the accommodation of any publicly or privately owned vehicle used in connection with the transportation of a veteran to or from any medical facility for the purposes of examination or treatment or in connection with any visit to any patient in such facility. Employees using such garages shall make such reimbursement therefor as the Administrator may deem reasonable. “(2) The Administrator may contract, by lease or otherwise, with Lease of parking facilities, responsible persons, firms, or corporations for the operation of such parking facilities, under such terms and conditions as the Administrator shall prescribe, and without regard to the laws concerning advertising for competitive bids. “(c) (1) There are authorized to be appropriated such amounts as are Appropriation authorization. necessary to finance in part the construction, alteration, operation, and maintenance of garages and parking facilities (other than the construction or alteration of any garage or parking facility involving the expenditure of more than $2,000,000). Amounts appropriated Revolving fund. under the authority of this section, and all income from fees collected for the use of such garages and parking facilities, shall be administered as a revolving fund to effectuate the provisions of this section, but only to the extent provided for in appropriation Acts. “(2) The revolving fund shall be deposited in a checking account with the Treasurer of the United States, except that such amounts thereof as the Administrator may determine to be necessary to establish and maintain operating accounts for the various garages and parking facilities may be placed in depositories selected by the Administrator. “§5010. Operation of medical facilities “(a) (1) The Administrator, subject to the approval of the President, is authorized to establish and operate not less than one hundred and twenty-five thousand hospital beds in medical facilities over which the Administrator has direct jurisdiction for the care and treatment of eligible veterans. The Administrator shall staff and maintain, in such a manner as to ensure the immediate acceptance and timely and complete care of patients, sufficient beds and other treatment capacities to accommodate, and provide such care to, eligible veterans applying for admission and found to be in need of hospital care or medical services. “(2) The Administrator shall maintain the bed and treatment capacities of all Veterans’ Administration medical facilities so as to ensure the accessibility and availability of such beds and treatment capacities to eligible veterans in all States and to minimize delays in admissions and in the provision of hospital, nursing home, and domiciliary care, and of medical services furnished pursuant to section 612 of this title. 38 USC 612; ante, p. 47. Analysis of treatment facilities. “(3) The Chief Medical Director shall periodically analyze agencywide admission policies and the records of those eligible veterans who apply for hospital care and medical services but are rejected or not immediately admitted or provided such care or services, and the Administrator shall annually advise each committee of the results of such analysis and the number of any additional beds and treatment capacities and the appropriate staffing and funds therefor found necessary to meet the needs of such veterans for such necessary care and services. “(b) The Administrator, subject to the approval of the President, is authorized to establish and operate not less than twelve thousand beds during fiscal year 1980, and during each fiscal year thereafter, for the furnishing of nursing home care to eligible veterans in facilities over which the Administrator has direct jurisdiction. The beds authorized by this subsection shall be in addition to the beds provided for in subsection (a) of this section. “(c) When the Administrator determines, in accordance with regulations which the Administrator shall prescribe, that a Veterans’ Administration facility serves a substantial number of veterans with limited English-speaking ability, the Administrator shall establish and implement procedures, upon the recommendation of the Chief Medical Director, to ensure the identification of sufficient numbers of individuals on such facility’s staff who are fluent In both the language most appropriate to such veterans and in English and whose responsibilities shall include providing guidance to such veterans and to appropriate Veterans’ Administration staff members with respect to cultural sensitivities and bridging linguistic and cultural differences. “§5011. Use of Armed Forces facilities “The Administrator and the Secretary of the Army, the Secretary of the Air Force, and the Secretary of the Navy may enter into agreements and contracts for the mutual use or exchange of use of hospital and domiciliary facilities, and such supplies, equipment, and material as may be needed to operate such facilities properly, or for the transfer, without reimbursement of appropriations, of facilities, supplies, equipment, or material necessary and proper for authorized care for veterans, except that at no time shall the Administrator enter into any agreement which will result in a permanent reduction of Veterans’ Administration hospital and domiciliary beds below the number established or approved on June 22, 1944, plus the estimated number required to meet the load of eligibles under this title, or in any way subordinate or transfer the operation of the Veterans’ Administration to any other agency of the Government. “§5012. Partial relinquishment of legislative jurisdiction “The Administrator, on behalf of the United States, may relinquish to the State in which any lands or interests therein under the supervision or control of the Administrator are situated, such measure of legislative jurisdiction over such lands or interests as is necessary to establish concurrent jurisdiction between the Federal Filing of notice with Governor of State. Government and the State concerned. Such partial relinquishment of legislative jurisdiction shall be initiated by filing a notice thereof with the Governor of the State concerned, or in such other manner as may be prescribed by the laws of such State, and shall take effect upon acceptance by such State. “§5013. Property formerly owned by National Home for Disabled Volunteer Soldiers “If by reason of any defeasance or conditional clause or clauses contained in any deed of conveyance of property to the National Home for Disabled Volunteer Soldiers, which property is owned by the United States, the full and complete enjoyment and use of such property is threatened, the Attorney General, upon request of the President, shall institute in the United States district court for the district in which the property is located such proceedings as may be proper to extinguish all outstanding adverse interests. The Attorney General may procure and accept, on behalf of the United States, by gift, purchase, cession, or otherwise, absolute title to, and complete jurisdiction over, all such property. “§5014. Use of federally owned facilities; use of personnel “(a) The Administrator, subject to the approval of the President, may use as medical facilities such suitable buildings, structures, and grounds owned by the United States on March 3, 1925, as may be available for such purposes, and the President may by Executive order transfer any such buildings, structures, and grounds to the control and jurisdiction of the Veterans’ Administration upon the request of the Administrator. “(b) The President may require the architectural, engineering, constructing, or other forces of any of the departments of the Government to do or assist In the construction and alteration of medical facilities, and the President may employ for such purposes individuals and agencies not connected with the Government, if in the opinion of the President such is desirable, at such compensation as the President may consider reasonable. “§5015. Acceptance of certain property “The President may accept from any State or other political subdivision, or from any person, any building, structure, equipment, or grounds suitable for the care of disabled persons, with due regard to fire or other hazards, state of repair, and all other pertinent considerations. The President may designate which agency of the Federal Government shall have the control and management of any property so accepted.“.

2. 1979

   Veterans Health Programs Extension and Improvement Act of 1979

   Pub. L. 96–151 title III § 301(a) · 93 Stat. 1092

   Added · 38 U.S.C. § 8110(a)(4)

   Pub. L. 96–151 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 96–151 added par. (4).

   Enacted provision · exact public law section
   (a) Section 5010(a) is amended by adding at the end the 38 USC 5010. following new paragraph: “(4) (A) With respect to each law making appropriations for the Veterans’ Administration, there shall be provided to the Veterans’ Administration the funded personnel ceiling defined in subparagraph (D) of this paragraph and the funds appropriated therefor. “(B) In order to carry out the provisions of subparagraph (A) of this Certification to congressional committees Comptroller General. paragraph, the Director of the Office of Management and Budget shall, with respect to each such law (i) provide to the Veterans’ Administration for the fiscal year concerned such funded personnel ceiling and the funds necessary to achieve such ceiling, and (ii) submit to the appropriate committees of the Congress and to the Comptroller General of the United States certification that the Director has so provided such ceiling. Not later than the thirtieth day after the enactment of such a law or, in the event of the enactment of such a law more than thirty days prior to the fiscal year for which such law makes such appropriations, not later than the tenth day of such fiscal year, the certification required in the first sentence of this subparagraph shall be submitted, together with a report containing complete information on the personnel ceiling that the Director has provided to the Veterans’ Administration for the employees described in subparagraph (D) of this paragraph. “(C) Not later than the forty-fifth day after the enactment of each Report to congressional committees. such law, the Comptroller General shall submit to the appropriate committees of the Congress a report stating the Comptroller General’s opinion as to whether the Director of the Office of Management and Budget has complied with the requirements of such subparagraph in providing to the Veterans’ Administration such funded personnel ceiling. “(D) For the purposes of this paragraph, the term ‘funded personnel ceiling’ “Funded personnel ceiling.” means, with respect to any fiscal year, the authorization by the Director of the Office of Management and Budget to employ (under the appropriation accounts for medical care, medical and prosthetic research, and medical administration and miscellaneous operating expenses) not less than the number of employees for the employment of which appropriations have been made for such fiscal year.”.

3. 1981

   Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

   Pub. L. 97–66 § 601(b)(1)(A) · 95 Stat. 1026

   Inserted · 38 U.S.C. § 8110(a)(4)(A)

   Pub. L. 97–66, § 601(b)(1)(A), inserted “for any fiscal year (or any part of a fiscal year)” after “With respect to each law making appropriations for the Veterans’ Administration”

   Source evidence

   Code amendment note
   Subsec. (a)(4)(A). Pub. L. 97–66, § 601(b)(1)(A), inserted “for any fiscal year (or any part of a fiscal year)” after “With respect to each law making appropriations for the Veterans’ Administration”.

   Enacted provision · exact public law section
   (A) by inserting “for any fiscal year (or any part of a fiscal year)” in subparagraph (A) after “for the Veterans’ Administration”; and

4. 1981

   Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

   Pub. L. 97–66 § 601(b)(1)(B) · 95 Stat. 1026

   Inserted · 38 U.S.C. § 8110(a)(4)(B)

   Pub. L. 97–66, § 601(b)(1)(B), inserted “(or part of a fiscal year)” after “provide to the Veterans’ Administration for the fiscal year”

   Source evidence

   Code amendment note
   Subsec. (a)(4)(B). Pub. L. 97–66, § 601(b)(1)(B), inserted “(or part of a fiscal year)” after “provide to the Veterans’ Administration for the fiscal year”.

   Enacted provision · exact public law section
   (B) by inserting “(or part of a fiscal year)” after “fiscal year” the first place it appears in subparagraph (B) and both places it appears in subparagraph (D); and

5. 1981

   Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

   Pub. L. 97–66 § 601(b)(1)(B) · 95 Stat. 1026

   Inserted · 38 U.S.C. § 8110(a)(4)(D)

   Pub. L. 97–66, § 601(b)(1)(B), inserted “(or part of a fiscal year)” after “fiscal year” in two places

   Source evidence

   Code amendment note
   Subsec. (a)(4)(D). Pub. L. 97–66, § 601(b)(1)(B), inserted “(or part of a fiscal year)” after “fiscal year” in two places.

   Enacted provision · exact public law section
   (B) by inserting “(or part of a fiscal year)” after “fiscal year” the first place it appears in subparagraph (B) and both places it appears in subparagraph (D); and

6. 1981

   Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

   Pub. L. 97–66 § 601(b)(2) · 95 Stat. 1026

   Added · 38 U.S.C. § 8110(a)(5)

   Pub. L. 97–66, § 601(b)(2), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 97–66, § 601(b)(2), added par. (5).

   Enacted provision · exact public law section
   (2) by adding at the end the following new paragraph: “(5) Notwithstanding any other provision of this title or of any other law, funds appropriated for the Veterans’ Administration under the appropriation accounts for medical care, medical and prosthetic research, and medical administration and miscellaneous operating expenses may not be used for, and no employee compensated from such funds may carry out any activity in connection with, the conduct of any study comparing the cost of the provision by private contractors with the cost of the provision by the Veterans Administration of commercial or industrial products and services for the Department of Medicine and Surgery unless such funds have been specifically appropriated for that purpose.”.

7. 1981

   Veterans’ Health Care, Training, and Small Business Loan Act of 1981

   Pub. L. 97–72 § 108(a)(1) · 95 Stat. 1047

   1. Struck · 38 U.S.C. § 8110(a)(1)

      Pub. L. 97–72, § 108(a)(1), struck out provision authorizing the Administrator, subject to the approval of the President to establish and operate not less than 125,000 hospital beds in medical facilities over which the Administrator has direct jurisdiction for the care and treatment of eligible veterans

   2. Substituted · 38 U.S.C. § 8110(a)(1)

      Pub. L. 97–72, § 108(a)(1), substituted therefor provisions directing the Administrator to establish a total number of hospital beds and nursing home beds in medical facilities over which the Administrator has direct jurisdiction for the care and treatment of eligible veterans at not more than one hundred and twenty-five thousand and not less than one hundred thousand, and provided that the Administrator establish the total number of such beds so as to maintain a contingency capacity to assist the Department of Defense in time of war or national emergency to care for the cas­ualties of such war or national emergency, that of the number of beds authorized pursuant to the preceding sentence, the Administrator operate and maintain a total of not less than ninety thousand hospital beds and nursing home beds and maintain the availability of such additional beds and facilities in addition to the operating bed level as the Administrator considers necessary for such contingency purposes, and that the President include in the Budget transmitted to the Congress for each fiscal year pursuant to section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a)), an amount for medical care and amounts for construction

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 97–72, § 108(a)(1), struck out provision authorizing the Administrator, subject to the approval of the President to establish and operate not less than 125,000 hospital beds in medical facilities over which the Administrator has direct jurisdiction for the care and treatment of eligible veterans and substituted therefor provisions directing the Administrator to establish a total number of hospital beds and nursing home beds in medical facilities over which the Administrator has direct jurisdiction for the care and treatment of eligible veterans at not more than one hundred and twenty-five thousand and not less than one hundred thousand, and provided that the Administrator establish the total number of such beds so as to maintain a contingency capacity to assist the Department of Defense in time of war or national emergency to care for the cas­ualties of such war or national emergency, that of the number of beds authorized pursuant to the preceding sentence, the Administrator operate and maintain a total of not less than ninety thousand hospital beds and nursing home beds and maintain the availability of such additional beds and facilities in addition to the operating bed level as the Administrator considers necessary for such contingency purposes, and that the President include in the Budget transmitted to the Congress for each fiscal year pursuant to section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a)), an amount for medical care and amounts for construction.

   Enacted provision · exact public law section
   (1) Paragraph (1) of section 5010(a) is amended by 38 USC 5010. striking out the first sentence and inserting in lieu thereof the following: “The Administrator shall establish the total number of hospital beds and nursing home beds in medical facilities over which the Administrator has direct jurisdiction for the care and treatment of eligible veterans at not more than one hundred and twenty-five thousand and not less than one hundred thousand. The Administrator shall establish the total number of such beds so as to maintain a contingency capacity to assist the Department of Defense in time of war or national emergency to care for the casualties of such war or national emergency. Of the number of beds authorized pursuant to the preceding sentence, the Administrator shall operate and maintain a total of not less than ninety thousand hospital beds and nursing home beds and shall maintain the availability of such additional beds and facilities in addition to the operating bed level as the Administrator considers necessary for such contingency purposes. The President shall include in the Budget transmitted to the Presidential transmittal to Congress. Congress for each fiscal year pursuant to section 20I(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a)), an amount for medical care and amounts for construction sufficient to enable the Veterans’ Administration to operate and maintain a total of not less than ninety thousand hospital and nursing home beds in accordance with this paragraph and to maintain the availability of the contingency capacity referred to in the second sentence of this paragraph.”.

8. 1981

   Veterans’ Health Care, Training, and Small Business Loan Act of 1981

   Pub. L. 97–72 § 108(a)(2) · 95 Stat. 1047

   1. Struck · 38 U.S.C. § 8110(a)(3)

      Pub. L. 97–72, § 108(a)(2), struck out provision requiring that the Chief Medical Director periodically analyze agencywide admission policies and the records of those eligible veterans who apply for hospital care and medical services and annually advise each committee of the results and the added requirements which those results indicate

   2. Substituted · 38 U.S.C. § 8110(a)(3)

      Pub. L. 97–72, § 108(a)(2), substituted therefor provisions that the Chief Medical Director, at the end of each fiscal year, (i) analyze agencywide admission policies and the records of those eligible veterans who apply for hospital care, medical services and nursing home care, but are rejected or not immediately admitted or provided such care or services, and (ii) review and made recommendations regarding the adequacy of the established operating bed levels, the geographic distribution of operating beds, the demographic characteristics of the veteran population and the associated need for medical care and nursing home facilities and services in each State, and the proportion of the total number of operating beds that are hospital beds and that are nursing home beds, and that, after considering the analyses and recommendations of the Chief Medical Director pursuant to subparagraph (A) of this paragraph for any fiscal year, the Administrator report to the committees, on or before December 1 after the close of such fiscal year, on the results of the analysis of the Chief Medical Director and on the required number of beds and the level of treatment capacities required

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 97–72, § 108(a)(2), struck out provision requiring that the Chief Medical Director periodically analyze agencywide admission policies and the records of those eligible veterans who apply for hospital care and medical services and annually advise each committee of the results and the added requirements which those results indicate and substituted therefor provisions that the Chief Medical Director, at the end of each fiscal year, (i) analyze agencywide admission policies and the records of those eligible veterans who apply for hospital care, medical services and nursing home care, but are rejected or not immediately admitted or provided such care or services, and (ii) review and made recommendations regarding the adequacy of the established operating bed levels, the geographic distribution of operating beds, the demographic characteristics of the veteran population and the associated need for medical care and nursing home facilities and services in each State, and the proportion of the total number of operating beds that are hospital beds and that are nursing home beds, and that, after considering the analyses and recommendations of the Chief Medical Director pursuant to subparagraph (A) of this paragraph for any fiscal year, the Administrator report to the committees, on or before December 1 after the close of such fiscal year, on the results of the analysis of the Chief Medical Director and on the required number of beds and the level of treatment capacities required.

   Enacted provision · exact public law section
   (2) Paragraph (3) of such section is amended to read as follows: Admission policy, analysis and recommendation. “(3) (A) The Chief Medical Director shall at the end of each fiscal year (i) analyze agencywide admission policies and the records of those eligible veterans who apply for hospital care, medical services, and nursing home care, but are rejected or not immediately admitted or provided such care or services, and (ii) review and make recommendations regarding the adequacy of the established operating bed levels, the geographic distribution of operating beds, the demographic characteristics of the veteran population and the associated need for medical care and nursing home facilities and services in each State, and the proportion of the total number of operating beds that are hospital beds and that are nursing home beds. “(B) After considering the analyses and recommendations of the Report to congressional committees. Chief Medical Director pursuant to subparagraph (A) of this paragraph for any fiscal year, the Administrator shall report to the committees, on or before December I after the close of such fiscal year, on the results of the analysis of the Chief Medical Director and on the numbers of operating beds and level of treatment capacities required to enable the Veterans’ Administration to carry out the primary function of the Department of Medicine and Surgery. The Administrator shall include in each such report recommendations for (i) the numbers of operating beds and the level of treatment capacities required for the health care of veterans and the maintenance of the contingency capacity referred to in paragraph (1) of this subsection, and (ii) the appropriate staffing and funds therefor.”.

9. 1981

   Veterans’ Health Care, Training, and Small Business Loan Act of 1981

   Pub. L. 97–72 § 108(b) · 95 Stat. 1047

   Redesignated · 38 U.S.C. § 8110(b); 38 U.S.C. § 8110(c)

   Pub. L. 97–72, § 108(b), redesignated subsec. (c) as (b). Former subsec. (b), authorizing the Administrator to establish, subject to the approval of the President, not less than twelve thousand beds during fiscal year 1980, and during each fiscal year thereafter, for the furnishing of nursing home care to eligible veterans in facilities over which the Administrator has direct jurisdiction, was struck out

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 97–72, § 108(b), redesignated subsec. (c) as (b). Former subsec. (b), authorizing the Administrator to establish, subject to the approval of the President, not less than twelve thousand beds during fiscal year 1980, and during each fiscal year thereafter, for the furnishing of nursing home care to eligible veterans in facilities over which the Administrator has direct jurisdiction, was struck out.

   Enacted provision · exact public law section
   (b) Section 5010 is further amended by striking out subsection (b) and redesignating subsection (c) as subsection (b).

10. 1982

    Veterans’ Compensation, Education, and Employment Amendments of 1982

    Pub. L. 97–306 title IV § 409(b) · 96 Stat. 1429

    Added · 38 U.S.C. § 8110(c)

    Pub. L. 97–306 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–306 added subsec. (c).

    Enacted provision · exact public law section
    (b) Section 5010 is amended by adding at the end the following new subsection: “(c) (1) Notwithstanding any other provision of law but except as provided in paragraph (3) of this subsection— “(A) a contract may not be entered into as a result of which Limitation. an activity at a health-care facility over which the Administrator has direct jurisdiction (hereinafter in this subsection referred to as a ‘Veterans’ Administration health-care facility’) would be converted from an activity performed by Federal employees to an activity performed by employees of a contractor of the Government unless the Chief Medical Director has determined that such activity is not a direct patient care activity or an activity incident to direct patient care; and “(B) in the case of an activity determined by the Chief Medical Director under clause (A) of this paragraph to be neither such activity, the Administrator, after considering the advice of the Chief Medical Director and the results of a study described in paragraph (4) of this subsection, may, in the exercise of the Administrator’s sole discretion but subject to paragraph (2) of this subsection, enter into a contract as a result of which the activity would be converted from an activity performed by Federal employees to an activity performed by employees of a contractor of the Government. “(2) The Administrator may enter into a contract under the circumstances described in paragraph (1)(B) of this subsection only if the Administrator determines— “(A) based on the study described in paragraph (4) of this subsection with respect to the activity involved, that the cost to the Government of the performance of such activity under such a contract over the first five years of such performance (including the cost to the Government of conducting the study) would be lower by 15 percent or more than the cost of performance of such activity by Federal employees; and “(B) that the quantity or quality of health-care services provided to eligible veterans by the Veterans’ Administration at the facility at which the activity is carried out would be maintained or enhanced as a result of such a contract. “(3) The provisions of paragraph (1) of this subsection do not apply— “(A) to a contract or agreement under chapter 17 or section 38 USC 601 et seq. 38 USC 5011, ante, p. 5011, 5011A, or 5053; of this title or under section 1535 of title 31; or “(B) to a contract under section 213 or 4117 of this title if the 31 USC 1535. Chief Medical Director determines that such contract is necessary in order to provide services to eligible veterans at a Veterans’ Administration health-care facility that could not otherwise be provided at such facility. “(4) A study referred to in paragraph (1)(B) of this subsection is a Study. study that— “(A) compares the cost of performing an activity at a Veterans’ Administration health-care facility through Federal employees with the cost of performing such activity through a contractor of the Government; “(B) is based on an estimate of the most efficient and cost-effective organization for the effective performance of the activity by Federal employees; “(C) with respect to the costs of performance of such activity through Federal employees, is based (to the maximum extent feasible) on actual cost factors of the Veterans’ Administration for pay and retirement and other fringe benefits for the Federal employees who perform the activity; and “(D) takes into account (i) the costs to the Government (including severance pay) that would result from the separation of employees whose Federal employment may be terminated as a result of the Administrator entering into a contract described in paragraph (1)(B) of this subsection, and (ii) all costs to the Government associated with the contracting process. “(5) Prior to conducting a study described in paragraph (4) of this subsection, the Administrator shall (in a timely manner) submit to the appropriate committees of the Congress written notice of a decision to study the activity involved for possible performance by a contractor. “(6) If, after completion of a study described in paragraph (4) of this subsection, a decision is made to convert performance of the activity involved to contractor performance, the Administrator shall promptly submit to the appropriate committees of the Congress written notice of such decision and a report with respect to such conversion. Each such report shall include— “(A) a summary of the study described in paragraph (4) of this subsection with respect to such contract; “(B) a certification that the study itself is available to such committees and that the results of the study meet the requirements of paragraph (2)(A) of this subsection; “(C) a certification that the requirements of paragraph (2)(B) of this subsection would be met with respect to such contract and a summary of the information that supports such certification; “(D) if more than 25 jobs are affected, information showing the potential economic impact on the Federal employees affected and the potential economic impact on the local community and the Government of contracting for performance of such activity; and “(E) information showing the amount of the bid accepted for a contract for the performance of the activity and the cost of performance of such activity by Federal employees, together with the total estimated costs which the Government will incur because of the contract. “(7) Not later than February 1, 1984, and February 1 of each of the five succeeding years, the Administrator shall submit a written report to Congress describing the extent to which activities at Veterans’ Administration health-care facilities were performed by contractors during the preceding fiscal year and the actual cost savings resulting from such contracts.”.

11. 1983

    Pub. L. 97–452 § 2(e)(4) · 96 Stat. 2467

    Substituted · 38 U.S.C. § 8110(a)(1)

    Pub. L. 97–452 substituted “section 1105 of title 31” for “section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a))”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 97–452 substituted “section 1105 of title 31” for “section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a))”.

    Enacted provision · exact public law section
    (4) Sections 5010(a)(1) and 5011(f) are each amended by striking 38 USC 5010, ante, p. 70 out “section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a))” and substituting “section 1105 of title 31”.

12. 1983

    Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 title VII § 702(19) · 97 Stat. 993

    Substituted · 38 U.S.C. § 8110(c)(2)(B)

    Pub. L. 98–160 substituted “quantity and quality” for “quantity or quality”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B). Pub. L. 98–160 substituted “quantity and quality” for “quantity or quality”.

    Enacted provision · exact public law section
    (19) Section 5010(c)(2)(B) is amended by striking out “or” the first place it appears and inserting in lieu thereof “and”.

13. 1984

    Veterans’ Health Care Act of 1984

    Pub. L. 98–528 title I § 102 · 98 Stat. 2686

    Substituted · 38 U.S.C. § 8110(a)(4)(C)

    Pub. L. 98–528 substituted provision requiring the Comptroller General to submit a report stating the Comptroller General’s opinion as to whether the Director has complied with subpar. (B) not later than fifteen days after end of period specified in that subparagraph for Director to submit required certification for provision which had required the Comptroller General to submit a report stating the Comptroller General’s opinion as to whether the Director has complied with the requirements of any law making appropriations for the Veterans’ Administration for any fiscal year or any part thereof regarding funded personnel ceilings not later than forty-fifth day after enactment of each such law

    Source evidence

    Code amendment note
    Subsec. (a)(4)(C). Pub. L. 98–528 substituted provision requiring the Comptroller General to submit a report stating the Comptroller General’s opinion as to whether the Director has complied with subpar. (B) not later than fifteen days after end of period specified in that subparagraph for Director to submit required certification for provision which had required the Comptroller General to submit a report stating the Comptroller General’s opinion as to whether the Director has complied with the requirements of any law making appropriations for the Veterans’ Administration for any fiscal year or any part thereof regarding funded personnel ceilings not later than forty-fifth day after enactment of each such law.

    Enacted provision · exact public law section
    Sec. 102. comptroller general report on medical personnel staffing levels Section 5010(a)(4)(C) is amended to read as follows: “(C) Whenever the Director of the Office of Management and Budget is required to submit a certification under subparagraph (B) of this paragraph, the Comptroller General shall submit to the appropriate committees of the Congress a report stating the Comptroller General’s opinion as to whether the Director has complied with the requirements of that subparagraph. The Comptroller General shall submit the report not later than fifteen days after the end of the period specified in such subparagraph for the Director to submit the certification.”.

14. 1986

    Pub. L. 99–576 title VII § 702(15) · 100 Stat. 3248

    1. Substituted · 38 U.S.C. § 8110(a)(1)

       Pub. L. 99–576 substituted “125,000 and not less than 100,000” for “one hundred and twenty-five thousand and not less than one hundred thousand” in two places

    2. Substituted · 38 U.S.C. § 8110(a)(1)

       Pub. L. 99–576 substituted “90,000” for “ninety thousand” in two places

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 99–576 substituted “125,000 and not less than 100,000” for “one hundred and twenty-five thousand and not less than one hundred thousand” and “90,000” for “ninety thousand” in two places.

    Enacted provision · exact public law section
    (15) Section 5010(a)(1) is amended— (A) by striking out “one hundred and twenty-five thousand and not less than one hundred thousand” and inserting in lieu thereof “125,000 and not less than 100,000”; and (B) by striking out “ninety thousand” both places it appears and inserting in lieu thereof “90,000”.

15. 1988

    Veterans

    Pub. L. 100–322 § 222(a) · 102 Stat. 487

    Added · 38 U.S.C. § 8110(a)(6)

    Pub. L. 100–322, § 222(a), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 100–322, § 222(a), added par. (6).

    Enacted provision · exact public law section
    (a) Exclusion From Personnel Ceilings.— Section 5010(a) is amended by adding at the end the following new paragraph: “(6) (A) Temporary research personnel of the Department of Medicine and Surgery shall be excluded from any ceiling on full-time equivalent employees of the Veterans’ Administration or any other personnel ceiling otherwise applicable to employees of the Veterans’ Administration. “(B) For purposes of subparagraph (A) of this paragraph, the term ‘temporary research personnel’ means personnel who are employed in the Department of Medicine and Surgery in other than a career appointment for work on a research activity and who are not paid by the Veterans’ Administration or are paid from funds appropriated to the Veterans’ Administration to support such activity.”.

16. 1988

    Veterans

    Pub. L. 100–322 § 401(a) · 102 Stat. 487

    Inserted · 38 U.S.C. § 8110(c)(2)

    Pub. L. 100–322, § 401(a), inserted “responsive bids are received from at least two responsible, financially autonomous bidders and” after “only if”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 100–322, § 401(a), inserted “responsive bids are received from at least two responsible, financially autonomous bidders and” after “only if”.

    Enacted provision · exact public law section
    (a) Requirement for Two Bidders.— Section 5010(c)(2) is amended by inserting “responsive bids are received from at least two responsible, financially autonomous bidders and” after “only if.”

17. 1991

    Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 402(b)(1) · 105 Stat. 187

    Changed · 38 U.S.C. § 8110

    Pub. L. 102–40, § 402(b)(1), renumbered section 5010 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(b)(1), renumbered section 5010 of this title as this section.

    Enacted provision · exact public law section
    (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

18. 1991

    Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

    Substituted · 38 U.S.C. § 8110(c)

    Pub. L. 102–40, § 402(d)(1), substituted “8111, 8111A, or 8153” for “5011, 5011A, or 5053” in par. (3)(A)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(d)(1), substituted “8111, 8111A, or 8153” for “5011, 5011A, or 5053” in par. (3)(A).

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

19. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 8110(a)

    Pub. L. 102–83, § 5(c)(1), substituted “1712” for “612” in par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1712” for “612” in par. (2).

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

20. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 8110(a)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

21. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 8110(a)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

22. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 8110(b)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

23. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 8110(b)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

24. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 8110(c)

       Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    2. Substituted · 38 U.S.C. § 8110(c)

       Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary’s” for “Administrator’s” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” and “Secretary’s” for “Administrator’s” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

25. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 8110(c)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

26. 1992

    Veterans’ Medical Programs Amendments of 1992

    Pub. L. 102–405 title III § 302(c)(1) · 106 Stat. 1972

    Substituted · 38 U.S.C. § 8110(a)(3); 38 U.S.C. § 8110(a)(b); 38 U.S.C. § 8110(c)(1); 38 U.S.C. § 8110(3)(B)

    Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a)(3), (b), (c)(1), (3)(B). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38, United States Code, is amended by striking out “Chief Medical Director” and “Chief Benefits Director” each place they appear (including in headings and tables but not including the sentences added by paragraphs (2) and (3)) and inserting in lieu thereof “Under Secretary for Health” and “Under Secretary for Benefits”, respectively.

27. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 § 1201(b)(1) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 8110(a)(3)(B); 38 U.S.C. § 8110(a)(3)(5); 38 U.S.C. § 8110(a)(3)(6)

    Pub. L. 103–446, § 1201(b)(1), substituted “Veterans Health Administration” for “Department of Medicine and Surgery” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B), (5), (6). Pub. L. 103–446, § 1201(b)(1), substituted “Veterans Health Administration” for “Department of Medicine and Surgery” wherever appearing.

    Enacted provision · exact public law section
    (1) The following sections of title 38, United States Code, are amended by striking out “Department of Medicine and Surgery” each place it appears and inserting in lieu thereof “Veterans Health Administration”: sections 3120(a), 3120(f), 3121(a)(3), 7603(a), 7603(c)(l)(B), 7604(1)(B), 7604(2)(D), 7612(C)(1)(B), 7615, 7616(b)(2), 7616(c), 7622(b)(1), 7622(c)(2)(A), 7623(b), 7635(a)(1), 7635(a)(2), and 8110(a)

28. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 § 1201(d)(17) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 8110(c)(3)(B)

    Pub. L. 103–446, § 1201(d)(17), substituted “section 513 or 7409” for “section 213 or 4117”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B). Pub. L. 103–446, § 1201(d)(17), substituted “section 513 or 7409” for “section 213 or 4117”.

    Enacted provision · exact public law section
    (17) Section 8110(c)(3)(B) is amended by striking out “section 213 or 4117” and inserting in lieu thereof “section 513 or 7409”.

29. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 § 1201(g)(7) · 108 Stat. 4645

    Struck · 38 U.S.C. § 8110(c)(7)

    Pub. L. 103–446, § 1201(g)(7), which provided for striking out obsolete or executed provisions and directed the amendment of subsec. (c) by striking out par. (7), was not executed because of the prior amendment of subsec. (c) by Pub. L. 103–446, § 1103. See below

    Source evidence

    Code amendment note
    Subsec. (c)(7). Pub. L. 103–446, § 1201(g)(7), which provided for striking out obsolete or executed provisions and directed the amendment of subsec. (c) by striking out par. (7), was not executed because of the prior amendment of subsec. (c) by Pub. L. 103–446, § 1103. See below.

    Enacted provision · exact public law section
    (7) Section 8110(c) is amended by striking out paragraph 38 USC 8110. (7).

30. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 § 1103 · 108 Stat. 4645

    1. Added · 38 U.S.C. § 8110(c)(7)

       Pub. L. 103–446, § 1103, added par. (7)

    2. Struck · 38 U.S.C. § 8110(c)(7)

       Pub. L. 103–446, § 1103, struck out former par. (7) which read as follows: “Not later than February 1, 1984, and February 1 of each of the five succeeding years, the Secretary shall submit a written report to Congress describing the extent to which activities at Department health-care facilities were performed by contractors during the preceding fiscal year and the actual cost savings resulting from such contracts.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–446, § 1103, added par. (7) and struck out former par. (7) which read as follows: “Not later than February 1, 1984, and February 1 of each of the five succeeding years, the Secretary shall submit a written report to Congress describing the extent to which activities at Department health-care facilities were performed by contractors during the preceding fiscal year and the actual cost savings resulting from such contracts.”

    Enacted provision · exact public law section
    SEC. 1103. ENHANCED AUTHORITY TO CONTRACT FOR NECESSARY SERVICES. Section 8110(c) is amended by striking out paragraph (7) and inserting in lieu thereof the following: “(7) Paragraphs (1) through (6) shall not be in effect during 38 USC 8110. fiscal years 1995 through 1999. “(8) During the period covered by paragraph (7), whenever an activity at a Department health-care facility is converted from performance by Federal employees to performance by employees of a contractor of the Government, the Secretary shall— “(A) require in the contract for the performance of such activity that the contractor, in hiring employees for the performance of the contract, give priority to former employees of the Department who have been displaced by the award of the contract; and “(B) provide to such former employees of the Department all possible assistance in obtaining other Federal employment or entrance into job training and retraining programs. “(9) The Secretary shall include in the Secretary’s annual report Reports. to Congress under section 529 of this title, for each fiscal year covered by paragraph (7), a report on the use during the year covered by the report of contracting-out authority made available by reason of paragraph (7). The Secretary shall include in each such report a description of each use of such authority, together with the rationale for the use of such authority and the effect of the use of such authority on patient care and on employees of the Department”.

31. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 § 1103 · 108 Stat. 4645

    Added · 38 U.S.C. § 8110(c)(8); 38 U.S.C. § 8110(c)(9)

    Pub. L. 103–446, § 1103, added pars. (8) and (9)

    Source evidence

    Code amendment note
    Subsec. (c)(8), (9). Pub. L. 103–446, § 1103, added pars. (8) and (9).

    Enacted provision · exact public law section
    SEC. 1103. ENHANCED AUTHORITY TO CONTRACT FOR NECESSARY SERVICES. Section 8110(c) is amended by striking out paragraph (7) and inserting in lieu thereof the following: “(7) Paragraphs (1) through (6) shall not be in effect during 38 USC 8110. fiscal years 1995 through 1999. “(8) During the period covered by paragraph (7), whenever an activity at a Department health-care facility is converted from performance by Federal employees to performance by employees of a contractor of the Government, the Secretary shall— “(A) require in the contract for the performance of such activity that the contractor, in hiring employees for the performance of the contract, give priority to former employees of the Department who have been displaced by the award of the contract; and “(B) provide to such former employees of the Department all possible assistance in obtaining other Federal employment or entrance into job training and retraining programs. “(9) The Secretary shall include in the Secretary’s annual report Reports. to Congress under section 529 of this title, for each fiscal year covered by paragraph (7), a report on the use during the year covered by the report of contracting-out authority made available by reason of paragraph (7). The Secretary shall include in each such report a description of each use of such authority, together with the rationale for the use of such authority and the effect of the use of such authority on patient care and on employees of the Department”.

32. 1995

    Federal Reports Elimination and Sunset Act of 1995

    Pub. L. 104–66 title I § 1141(c) · 109 Stat. 707

    1. Substituted · 38 U.S.C. § 8110(a)(4)

       Pub. L. 104–66 substituted “subparagraph (C)” for “subparagraph (D)” in subpars. (A) and (B)

    2. Redesignated · 38 U.S.C. § 8110(a)(4)

       Pub. L. 104–66 redesignated subpar. (D) as (C)

    3. Struck · 38 U.S.C. § 8110(a)(4)

       Pub. L. 104–66 struck out former subpar. (C) which read as follows: “Whenever the Director of the Office of Management and Budget is required to submit a certification under subparagraph (B) of this paragraph, the Comptroller General shall submit to the appropriate committees of the Congress a report stating the Comptroller General’s opinion as to whether the Director has complied with the requirements of that subparagraph. The Comptroller General shall submit the report not later than fifteen days after the end of the period specified in such subparagraph for the Director to submit the certification.”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 104–66 substituted “subparagraph (C)” for “subparagraph (D)” in subpars. (A) and (B), redesignated subpar. (D) as (C), and struck out former subpar. (C) which read as follows: “Whenever the Director of the Office of Management and Budget is required to submit a certification under subparagraph (B) of this paragraph, the Comptroller General shall submit to the appropriate committees of the Congress a report stating the Comptroller General’s opinion as to whether the Director has complied with the requirements of that subparagraph. The Comptroller General shall submit the report not later than fifteen days after the end of the period specified in such subparagraph for the Director to submit the certification.”

    Enacted provision · exact public law section
    (c) Report on Compliance With Funded Personnel Coding.— (1) Repeal of report requirement.— Section 8110(a)(4) of title 38, United States Code, is amended by striking out subparagraph (C). (2) Conforming amendments.— Section 8110(a)(4) of title 38, United States Code, is amended by— (A) redesignating subparagraph (D) as subparagraph (C); (B) in subparagraph (A), by striking out “subparagraph (D)” and inserting in lieu thereof “subparagraph (C)”; and (C) in subparagraph (B), by striking out “subparagraph (D)” and inserting in lieu thereof “subparagraph (C)”.

33. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 § 101(e)(4) · 110 Stat. 3177

    Substituted · 38 U.S.C. § 8110(a)(2)

    Pub. L. 104–262, § 101(e)(4), substituted “section 1710(a)” for “section 1712”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 104–262, § 101(e)(4), substituted “section 1710(a)” for “section 1712”.

    Enacted provision · exact public law section
    (4) Section 8110(a)(2) is amended by striking out “section 1712” and inserting in lieu thereof “section 1710(a)”.

34. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 § 305 · 110 Stat. 3177

    1. Amended · 38 U.S.C. § 8110(c)

       Pub. L. 104–262, § 305, amended subsec. (c) generally

    2. Substituted · 38 U.S.C. § 8110(c)

       Pub. L. 104–262, § 305, substituting provisions consisting of an introductory par. and pars. (1) and (2), relating to reports on activities and proposals involving contracting for performance by contractor personnel of work previously performed by Department employees for provisions consisting of pars. (1) to (9), relating to conversion of activities at health-care facilities from those performed by Federal employees to those performed by Government contractors

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–262, § 305, amended subsec. (c) generally, substituting provisions consisting of an introductory par. and pars. (1) and (2), relating to reports on activities and proposals involving contracting for performance by contractor personnel of work previously performed by Department employees for provisions consisting of pars. (1) to (9), relating to conversion of activities at health-care facilities from those performed by Federal employees to those performed by Government contractors.

    Enacted provision · exact public law section
    SEC. 305. REPEAL OF LIMITATIONS ON CONTRACTS FOR CONVERSION OF PERFORMANCE OF ACTIVITIES OF DEPARTMENT HEALTH-CARE FACILITIES AND REVISED ANNUAL REPORTING REQUIREMENT. Subsection (c) of section 8110 is amended to read as follows: “(c) The Secretary shall include in the materials submitted to Congress each year in support of the budget of the Department for the next fiscal year a report on activities and proposals involving contracting for performance by contractor personnel of work previously performed by Department employees. The report shall— “(1) identify those specific activities that are currently performed at a Department facility by more than 10 Department employees which the Secretary proposes to study for possible contracting involving conversion from performance by Department employees to performance by employees of a contractor; and “(2) identify those specific activities that have been contracted for performance by contractor employees during the prior fiscal year (shown by location, subject, scope of contracts, and savings) and shall describe the effect of such contracts on the quality of delivery of health services during such year.”

35. 1999

    Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 title III § 301 · 113 Stat. 1545

    Added · 38 U.S.C. § 8110(d)(f)

    Pub. L. 106–117 added subsecs. (d) to (f)

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 106–117 added subsecs. (d) to (f).

    Enacted provision · exact public law section
    SEC. 301. REVIEW OF PROPOSED CHANGES TO OPERATION OF MEDICAL FACILITIES. Section 8110 is amended by adding at the end the following new subsections: “(d) The Secretary may not in any fiscal year close more than Reports. 50 percent of the beds within a bed section (of 20 or more beds) of a Department medical center unless the Secretary first submits to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report providing a justification for the closure. No action to carry out such closure may be taken after the submission of such report until the end of the 21-day period beginning on the date of the submission of the report. “(e) The Secretary shall submit to the Committees on Veterans’ Deadline. Affairs of the Senate and the House of Representatives, not later Reports. than January 20 of each year, a report documenting by network for the preceding fiscal year the following: “(1) The number of medical service and surgical service beds, respectively, that were closed during that fiscal year and, for each such closure, a description of the changes in delivery of services that allowed such closure to occur. “(2) The number of nursing home beds that were the subject of a mission change during that fiscal year and the nature of each such mission change. “(f) For purposes of this section: “(1) The term ‘closure’, with respect to beds in a medical center, means ceasing to provide staffing for, and to operate, those beds. Such term includes converting the provision of such bed care from care in a Department facility to care under contract arrangements. “(2) The term ‘bed section’, with respect to a medical center, means psychiatric beds (including beds for treatment of substance abuse and post-traumatic stress disorder), intermediate, neurology, and rehabilitation medicine beds, extended care (other than nursing home) beds, and domiciliary beds. “(3) The term ‘justification’, with respect to closure of beds, means a written report that includes the following: “(A) An explanation of the reasons for the determination that the closure is appropriate and advisable. “(B) A description of the changes in the functions to be carried out and the means by which such care and services would continue to be provided to eligible veterans. “(C) A description of the anticipated effects of the closure on veterans and on their access to care.”.

36. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 § 124(a)(1) · 115 Stat. 2446

    Inserted · 38 U.S.C. § 8110(a)(1)

    Pub. L. 107–135, § 124(a)(1), inserted “and in a manner consistent with the policies of the Secretary on overtime,” after “complete care of patients,” in fifth sentence

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–135, § 124(a)(1), inserted “and in a manner consistent with the policies of the Secretary on overtime,” after “complete care of patients,” in fifth sentence.

    Enacted provision · exact public law section
    (1) in paragraph (1), by inserting after “complete care of patients,” in the fifth sentence the following: “and in a manner consistent with the policies of the Secretary on overtime,”; and

37. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 § 124(a)(2) · 115 Stat. 2446

    1. Inserted · 38 U.S.C. § 8110(a)(2)

       Pub. L. 107–135, § 124(a)(2), inserted “, including the staffing required to maintain such capacities,” after “all Department medical facilities”

    2. Substituted · 38 U.S.C. § 8110(a)(2)

       Pub. L. 107–135, § 124(a)(2), substituted “, to minimize” for “and to minimize”

    3. Inserted · 38 U.S.C. § 8110(a)(2)

       Pub. L. 107–135, § 124(a)(2), inserted before period at end “, and to ensure that eligible veterans are provided such care and services in an appropriate manner”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 107–135, § 124(a)(2), inserted “, including the staffing required to maintain such capacities,” after “all Department medical facilities”, substituted “, to minimize” for “and to minimize”, and inserted before period at end “, and to ensure that eligible veterans are provided such care and services in an appropriate manner”.

    Enacted provision · exact public law section
    (2) in paragraph (2)— (A) by inserting “, including the staffing required to maintain such capacities,” after “all Department medical facilities”; (B) by striking “and to minimize” and inserting “, to minimize”; and (C) by inserting before the period the following: “, and to ensure that eligible veterans are provided such care and services in an appropriate manner”.

38. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 § 124(b)(1) · 115 Stat. 2446

    Inserted · 38 U.S.C. § 8110(a)(3)(A)

    Pub. L. 107–135, § 124(b)(1), inserted “the adequacy of staff levels for compliance with the policy established under subparagraph (C),” after “regarding”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A). Pub. L. 107–135, § 124(b)(1), inserted “the adequacy of staff levels for compliance with the policy established under subparagraph (C),” after “regarding”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by inserting “the adequacy of staff levels for compliance with the policy established under subparagraph (C),” after “regarding”; and

39. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 § 124(b)(2) · 115 Stat. 2446

    Added · 38 U.S.C. § 8110(a)(3)(C)

    Pub. L. 107–135, § 124(b)(2), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(C). Pub. L. 107–135, § 124(b)(2), added subpar. (C).

    Enacted provision · exact public law section
    (2) by inserting after subparagraph (B) the following new subparagraph: “(C) Policy. The Secretary shall, in consultation with the Under Secretary for Health, establish a nationwide policy on the staffing of Department medical facilities in order to ensure that such facilities have adequate staff for the provision to veterans of appropriate, high-quality care and services. The policy shall take into account the staffing levels and mixture of staff skills required for the range of care and services provided veterans in Department facilities.”.

40. 2002

    Pub. L. 107–314 div. A title VII § 726(a) · 116 Stat. 2458

    Struck · 38 U.S.C. § 8110(a)(1)

    Pub. L. 107–314 struck out “at not more than 125,000 and not less than 100,000” before period at end of first sentence, “shall operate and maintain a total of not less than 90,000 hospital beds and nursing home beds and” before “shall maintain the availability” in third sentence, and “to enable the Department to operate and maintain a total of not less than 90,000 hospital and nursing home beds in accordance with this paragraph and” after “construction sufficient” in fourth sentence

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 107–314 struck out “at not more than 125,000 and not less than 100,000” before period at end of first sentence, “shall operate and maintain a total of not less than 90,000 hospital beds and nursing home beds and” before “shall maintain the availability” in third sentence, and “to enable the Department to operate and maintain a total of not less than 90,000 hospital and nursing home beds in accordance with this paragraph and” after “construction sufficient” in fourth sentence.

    Enacted provision · exact public law section
    (a) Repeal of VA Bed Limits.— Section 8110(a)(1) of title 38, United States Code, is amended— (1) in the first sentence, by striking “at not more than 125,000 and not less than 100,000”; (2) in the third sentence, by striking “shall operate and maintain a total of not less than 90,000 hospital beds and nursing home beds and”; and (3) in the fourth sentence, by striking “to enable the Department to operate and maintain a total of not less than 90,000 hospital and nursing home beds in accordance with this paragraph and”.

    Effective date note
    Pub. L. 107–314, div. A, title VII, § 726(b), Dec. 2, 2002, 116 Stat. 2599, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2003.”

41. 2018

    Department of Veterans Affairs Expiring Authorities Act of 2018

    Pub. L. 115–251 title II § 207 · 132 Stat. 3166

    1. Redesignated · 38 U.S.C. § 8110(c)(f)

       Pub. L. 115–251 redesignated subsecs. (d) to (f) as (c) to (e), respectively

    2. Struck · 38 U.S.C. § 8110(c)(f)

       Pub. L. 115–251 struck out former subsec. (c) which read as follows: “The Secretary shall include in the materials submitted to Congress each year in support of the budget of the Department for the next fiscal year a report on activities and proposals involving contracting for performance by contractor personnel of work previously performed by Department employees. The report shall—

    Source evidence

    Code amendment note
    Subsecs. (c) to (f). Pub. L. 115–251 redesignated subsecs. (d) to (f) as (c) to (e), respectively, and struck out former subsec. (c) which read as follows: “The Secretary shall include in the materials submitted to Congress each year in support of the budget of the Department for the next fiscal year a report on activities and proposals involving contracting for performance by contractor personnel of work previously performed by Department employees. The report shall—

    “(1) identify those specific activities that are currently performed at a Department facility by more than 10 Department employees which the Secretary proposes to study for possible contracting involving conversion from performance by Department employees to performance by employees of a contractor; and “(2) identify those specific activities that have been contracted for performance by contractor employees during the prior fiscal year (shown by location, subject, scope of contracts, and savings) and shall describe the effect of such contracts on the quality of delivery of health services during such year.”

    Enacted provision · exact public law section
    SEC. 207. ELIMINATION OF REPORT ON ACTIVITIES AND PROPOSALS INVOLVING CONTRACTING FOR PERFORMANCE BY CONTRACTOR PERSONNEL OF WORK PREVIOUSLY PERFORMED BY DEPARTMENT EMPLOYEES.   Section 8110 is amended— (1) by striking subsection (c); and (2) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively.

52 of 52 references resolved to an enrolled provision