Page:United States Statutes at Large Volume 96 Part 2.djvu/85

 PUBLIC LAW 97-306—OCT. 14, 1982

96 STAT. 1447

"(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 5011, 5011A, or 5053 of this title or under section 1535 of title 31; ^^«/?,„,, __.

oo UbC 5011,

"(B) to a contract under section 213 or 4117 of this title if the 31 us^ 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;

�