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38 U.S.C. § 8136 — Recapture provisions
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.
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Stable record: federal_law:legal_authorities:record_usc_9bbd025ac1b637f0b8cb1998
Source file: Laws/federal/codes/united-states-code/title-38/section-8136-recapture-provisions--8f39947273.md
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Passage SHA-256: 8299e972039badecefa272fb3417668a12496e9b018bc666cc4116969040ac6e
Source location: Title 38, Chapter 81, § 8136; chapter-081-acquisition-and-operation-of-hospital-and-domiciliary-facilities-procurement-and-supply-enhanced-use-leases-of-real-property.md
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**(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.
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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
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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
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “disability” means a disease, injury, or other physical or mental defect.
(2) The term “veteran of any war” includes any veteran awarded the Medal of Honor.
(3) The term “facilities of the Department” means—
(A) facilities over which the Secretary has direct jurisdiction;
(B) Government facilities for which the Secretary contracts; and
(C) public or private facilities at which the Secretary provides recreational activities for patients receiving care under [section 1710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710&num=0&edition=prelim).
(4) The term “non-Department facilities” means facilities other than Department facilities.
(5) The term “hospital care” includes—
(A)
(i) medical services rendered in the course of the hospitalization of any veteran, and (ii) travel and incidental expenses pursuant to the provisions of [section 111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section111&num=0&edition=prelim);
(B) such mental health services, consultation, professional counseling, marriage and family counseling, and training for the members of the immediate family or legal guardian of a veteran, or the individual in whose household such veteran certifies an intention to live, as the Secretary considers appropriate for the effective treatment and rehabilitation of a veteran or dependent or survivor of a veteran receiving care under the last sentence of [section 1781(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1781/b&num=0&edition=prelim); and
(C)
(i) medical services rendered in the course of the hospitalization of a dependent or survivor of a veteran rece
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
Page 1360
TITLE 38—VETERANS’ BENEFITS
§ 8136
‘‘(1) The provisions of sections 8134 and 8135 of title 38,
United States Code, as in effect on November 10, 1999,
shall continue in effect after that date with respect to
applications described in section 8135(b)(2)(A) of such
title, as in effect on that date, that are identified in
paragraph (2) (and to projects and grants pursuant to
those applications). The Secretary [of Veterans Affairs]
shall accord priority among those applications in the
order listed in paragraph (2).
‘‘(2) Applications covered by paragraph (1) are the fol-
lowing:
‘‘(A) Any application for a fiscal year 1999 priority
one project.
‘‘(B) Any application for a fiscal year 2000 priority
one project that was submitted by a State that (i) did
not receive grant funds from amounts appropriated
for fiscal year 1999 under the State home grant pro-
gram, and (ii) does not have any fiscal year 1999 pri-
ority one projects.
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘fiscal year 1999 priority one project’
means a project on the list of approved projects es-
tablished by the Secretary on October 29, 1998, under
section 8135(b)(4) of title 38, United States Code, as in
effect on that date that (pursuant to section
8135(b)(2)(A) of that title) is in the grouping of
projects on that list designated as Priority Group 1;
‘‘(B) the term ‘fiscal year 2000 priority one project’
means a project on the list of approved projects es-
tablished by the Secretary on November 3, 1999, under
section 8135(b)(4) of title 38, United States Code, as in
effect on that date that (pursuant to section
8135(b)(2)(A) of that title) is in the grouping of
projects on that list designated as Priority Group 1;
and
‘‘(C) the term ‘State home grant program’
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 8136
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