Browse Arkansas Code titles and sections
38 U.S.C. § 8131 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) The veteran population of each State shall be determined on the basis of the latest figures certified by the Department of Commerce.
(2) The term “State” includes each Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 5304](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim))) but does not include any possession of the United States.
(3) The term “construction” means the construction of new domiciliary or nursing home buildings, the expansion, remodeling, or alteration of existing buildings for the provision of domiciliary, nursing home, adult day health, or hospital care in State homes, and the provision of initial equipment for any such buildings.
(4) The term “cost of construction” means the amount found by the Secretary to be necessary for a construction project, including architect fees, but excluding land acquisition costs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8131
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: f6d8f1367aaa14d160c0195d274b6eaaa0e959cc7f577229659f59f3e4cdb992. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_65ac4e11ed925dd062efc69f
Source file: Laws/federal/codes/united-states-code/title-38/section-8131-definitions--5912fcf521.md
Pages: Not recorded – Not recorded
Passage SHA-256: 2e26c7d19908de12bee8c30719ff1a51d98e40e064f32b80b24f06e24cfbbda2
Source location: Title 38, Chapter 81, § 8131; chapter-081-acquisition-and-operation-of-hospital-and-domiciliary-facilities-procurement-and-supply-enhanced-use-leases-of-real-property.md
Stored source content
For the purpose of this subchapter—
(1) The veteran population of each State shall be determined on the basis of the latest figures certified by the Department of Commerce.
(2) The term “State” includes each Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 5304](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim))) but does not include any possession of the United States.
(3) The term “construction” means the construction of new domiciliary or nursing home buildings, the expansion, remodeling, or alteration of existing buildings for the provision of domiciliary, nursing home, adult day health, or hospital care in State homes, and the provision of initial equipment for any such buildings.
(4) The term “cost of construction” means the amount found by the Secretary to be necessary for a construction project, including architect fees, but excluding land acquisition costs.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the President pursuant to the provisions of this section, the Secretary may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage (at a rate of 41.5 cents per mile), of any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care. Actual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facility. In addition to the mileage allowance authorized by this section, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls.
**(b)**
(1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2) of this section or any other provision of law, if, with respect to any fiscal year, the Secretary exercises the authority under this section to make any payments, the Secretary shall make the payments provided for in this section to or for the following persons for travel during such fiscal year for examination, treatment, or care for which the person is eligible:
(A) A veteran or other person whose travel is in connection with treatment or care for a service-connected disability.
(B) A veteran with a service-connected disability rated at 30 percent or more.
(C) A veteran receiving pension under [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim).
(D) A veteran (i) who is not traveling by air and whose annual income (as determined under [secti
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 111
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The purpose of this subchapter is to assist the States to construct State home facilities (or to acquire facilities to be used as State home facilities) for furnishing domiciliary or nursing home care to veterans, and to expand, remodel, or alter existing buildings for furnishing domiciliary, nursing home, adult day health, or hospital care to veterans in State homes.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8132
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** There are hereby authorized to be appropriated such sums as are necessary to carry out this subchapter. Sums appropriated pursuant to this section shall be used for making grants to States which have submitted, and have had approved by the Secretary, applications for carrying out the purposes and meeting the requirements of this subchapter.
**(b)** Sums appropriated pursuant to subsection (a) of this section shall remain available until expended.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8133
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary shall prescribe regulations for the purposes of this subchapter.
(2) In those regulations, the Secretary shall prescribe for each State the number of nursing home and domiciliary beds for which assistance under this subchapter may be furnished. Such regulations shall be based on projected demand for such care 10 years after the date of the enactment of the Veterans Millennium Health Care and Benefits Act by veterans who at such time are 65 years of age or older and who reside in that State. In determining such projected demand, the Secretary shall take into account travel distances for veterans and their families.
(3)
(A) In those regulations, the Secretary shall establish criteria under which the Secretary shall determine, with respect to an application for assistance under this subchapter for a project described in subparagraph (B) which is from a State that has a need for additional beds as determined under subsections (a)(2) and (d)(1), whether the need for such beds is most aptly characterized as great, significant, or limited. Such criteria shall take into account the availability of beds already operated by the Secretary and other providers which appropriately serve the needs which the State proposes to meet with its application.
(B) This paragraph applies to a project for the construction or acquisition of a new State home facility, a project to increase the number of beds available at a State home facility, and a project to replace beds at a State home facility.
(4) The Secretary shall review and, as necessary, revise regulations prescribed under paragraphs (2) and (3) not less often than every four years.
**(b)** The Secretary shall prescribe the following by regulation:
(1) General standards of construction, repair, and e
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8134
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any State desiring to receive assistance for a project for construction of State home facilities (or acquisition of a facility to be used as a State home facility) must submit to the Secretary an application. Such application shall set forth the following:
(1) The amount of the grant requested with respect to such project which may not exceed 65 percent of the estimated cost of construction (or of the estimated cost of facility acquisition and construction) of such project.
(2) A description of the site for such project.
(3) Plans and specifications for such project in accordance with regulations prescribed by the Secretary pursuant to [section 8134(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8134/a/2&num=0&edition=prelim).
(4) Reasonable assurance that upon completion of such project the facilities will be used principally to furnish to veterans the level of care for which such application is made and that not more than 25 percent of the bed occupancy at any one time will consist of patients who are not receiving such level of care as veterans.
(5) Reasonable assurance that title to such site is or will be vested solely in the applicant, a State home, or another agency or instrumentality of the State.
(6) Reasonable assurance that adequate financial support will be available for the construction of the project (or for facility acquisition and construction of the project) by July 1 of the fiscal year for which the application is approved and for its maintenance and operation when complete.
(7) Reasonable assurance that the State will make such reports in such form and containing such information as the Secretary may from time to time reasonably require, and give the Secretary, upon demand, access to the
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8135
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8136
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 719
TITLE 25—INDIANS
§ 5304
with the Secretary of the Interior, shall report to the
President on progress toward establishing training
modules regarding Tribal consultation and shall iden-
tify additional resources or other support necessary to
implement this training.
SEC. 9. Definitions. The terms ‘‘Tribal officials,’’
‘‘policies that have Tribal implications,’’ and ‘‘agency’’
as used in this memorandum are as defined in Execu-
tive Order 13175. The terms ‘‘Tribes’’ and ‘‘Tribal Na-
tions’’ as used in this memorandum have the same defi-
nition as the term ‘‘Indian Tribe’’ as defined in Execu-
tive Order 13175.
SEC. 10. Scope. Nothing in this memorandum shall be
construed to impair or otherwise affect the ability of
heads of agencies to set more specific or more stringent
standards, or to incorporate other best practices, for
conducting Tribal consultation.
SEC. 11. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) Independent agencies are strongly encouraged to
comply with the provisions of this memorandum.
(e) The Director of the Office of Manage
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5304
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 5304. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1353
TITLE 38—VETERANS’ BENEFITS
§ 8131
(2) The Secretary shall determine such pref-
erence based on the percentage of the full-time
employees of the offeror who are veterans.
(b) ENFORCEMENT PENALTIES
FOR MISREPRE-
SENTATION.—(1) Any offeror that is determined
by the Secretary to have willfully and inten-
tionally misrepresented the veteran status of
the employees of the offeror for purposes of sub-
section (a) may be debarred from contracting
with the Department for a period of not less
than five years.
(2) If the Secretary carries out a debarment
under paragraph (1), the Secretary shall—
(A) commence debarment action against the
offeror by not later than 30 days after deter-
mining that the offeror willfully and inten-
tionally misrepresented the veteran status of
the employees of the offeror as described in
paragraph (1); and
(B) complete debarment actions against such
offeror by not later than 90 days after such de-
termination.
(3) The debarment of an offeror under para-
graph (1) includes the debarment of all prin-
cipals in the offeror for a period of not less than
five years.
(Added Pub. L. 116–315, title VII, § 7003(a), Jan. 5,
2021, 134 Stat. 5058.)
SUBCHAPTER III—STATE HOME FACILITIES
FOR FURNISHING DOMICILIARY, NURS-
ING HOME, AND HOSPITAL CARE
Editorial Notes
AMENDMENTS
1977—Pub. L. 95–62, § 4(a), July 5, 1977, 91 Stat. 263,
substituted ‘‘DOMICILIARY, NURSING HOME, AND
HOSPITAL CARE’’ for ‘‘NURSING HOME CARE’’ in
subchapter heading.
§ 8131. Definitions
For the purpose of this subchapter—
(1) The veteran population of each State
shall be determined on the basis of the latest
figures certified by the Department of Com-
merce.
(2) The term ‘‘State’’ includes each Indian
tribe (as defined in section 4 of the Indian Self-
Determ
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 8131
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.