38-U.S.C.-8136
§8136 – Recapture Provisions
Pathway
Title 38 > Part VI > Chapter 81 > Subchapter III > Section 8136
Details
- Reference: Section 8136
- Legend: §8136 – Recapture Provisions
- USCode Year: 2013
Provision Content
(a) If, within the 20-year period beginning on the date of the approval by the Secretary of the final architectural and engineering inspection of any project with respect to which a grant has been made under this subchapter (except that the Secretary, pursuant to regulations which the Secretary shall prescribe, may at the time of such grant provide for a shorter period than 20, but not less than seven, years, based on the magnitude of the project and the grant amount involved, in the case of the acquisition, expansion, remodeling, or alteration of existing facilities), the facilities covered by the project cease to be operated by a State, a State home, or an agency or instrumentality of a State principally for furnishing domiciliary, nursing home, or hospital care to veterans, the United States shall be entitled to recover from the State which was the recipient of the grant under this subchapter, or from the then owner of such facilities, 65 percent of the then value of such project (but in no event an amount greater than the amount of assistance provided under this subchapter), as determined by agreement of the parties or by action brought in the district court of the United States for the district in which such facilities are situated.
(b) The establishment and operation by the Secretary of an outpatient clinic in facilities described in subsection (a) shall not constitute grounds entitling the United States to any recovery under that subsection.
(Added Pub. L. 88–450, §4(a), Aug. 19, 1964, 78 Stat. 503, §5036; amended Pub. L. 93–82, title IV, §403(f), Aug. 2, 1973, 87 Stat. 196; Pub. L. 94–581, title II, §206(b), Oct. 21, 1976, 90 Stat. 2859; Pub. L. 95–62, §3(13), July 5, 1977, 91 Stat. 263; Pub. L. 97–295, §4(92), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98–528, title I, §105(4), Oct. 19, 1984, 98 Stat. 2690; renumbered §8136, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102–585, title IV, §405, Nov. 4, 1992, 106 Stat. 4954; Pub. L. 106–419, title II, §222, Nov. 1, 2000, 114 Stat. 1845.)
Amendments
2000—Pub. L. 106–419 designated existing provisions as subsec. (a) and added subsec. (b).
1992—Pub. L. 102–585 substituted If, within the 20-year period beginning on the date of the approval by the Secretary of the final architectural and engineering inspection of any project for If, within 20 years after completion of any project and the facilities covered by the project cease for such facilities cease.
1991—Pub. L. 102–40 renumbered section 5036 of this title as this section.
Pub. L. 102–83 substituted Secretary for Administrator in two places.
1984—Pub. L. 98–528 struck out for construction after completion of any project; inserted acquisition, after in the case of the; substituted value of such project for value of such construction; struck out for such construction after assistance provided for, which amendment was executed by striking out for such construction after assistance provided as the probable intent of Congress, because for appeared only once after assistance provided; and substituted 20 for twenty in two places.
1982—Pub. L. 97–295 substituted percent for per centum.
1977—Pub. L. 95–62 substituted If, within twenty years after completion of any project for construction with respect to which a grant has been made under this subchapter (except that the Administrator, pursuant to regulations which the Administrator shall prescribe, may at the time of such grant provide for a shorter period than twenty, but not less than seven, years, based on the magnitude of the project and the grant amount involved, in the case of the expansion, remodeling, or alteration of existing facilities), such facilities cease to be operated by a State, a State home, or an agency or instrumentality of a State principally for furnishing domiciliary, nursing home, or hospital care to veterans, the United States shall be entitled to recover from the State which was the recipient of the grant under this subchapter, or from the then owner of such facilities, 65 per centum of the then value of such construction (but in no event an amount greater than the amount of assistance provided for such construction under this subchapter) for If, within twenty years after completion of any project for construction of facilities for furnishing nursing home care with respect to which a grant has been made under this subchapter, such facilities cease to be operated by a State, a State home, or an agency or instrumentality of a State principally for furnishing nursing home care to veterans, the United States shall be entitled to recover from the State which was the recipient of the grant under this subchapter, or from the then owner of such facilities, 65 per centum of the then value of such facilities.
1976—Pub. L. 94–581 substituted veterans for war veterans.
1973—Pub. L. 93–82 substituted 65 per centum for 50 per centum.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95–62 effective Oct. 1, 1977, with provision for the continuing force and effect of the terms and conditions of grants made prior to Oct. 1, 1977, under former section 644 of this title and with additional provision for the modification of the terms and conditions of both grants made under former section 644 of this title prior to Oct. 1, 1977, and of grants made under this subchapter prior to Oct. 1, 1977, see section 5 of Pub. L. 95–62, set out as a note under section 8131 of this title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Effective Date of 1973 Amendment
Amendment by Pub. L. 93–82 effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as a note under section 1701 of this title.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-8131 in the Legal Encyclopedia: Veterans
In this entry about 38-U.S.C.-8131, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.
38-U.S.C.-8131 in the Legal Encyclopedia: Property
In this entry about 38-U.S.C.-8131, find legal reference material, bibliographies and premiere content related to property in the American Encyclopedia of Law, presenting a comprehensive view of the United States property-specific issues, written by authorities in the field.
38-U.S.C.-8121 in the Legal Encyclopedia: Medical
In this entry about 38-U.S.C.-8121, find legal reference material, bibliographies and premiere content related to medical in the American Encyclopedia of Law, presenting a comprehensive view of the United States medical-specific issues, written by authorities in the field.
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