38 U.S.C. § 8131 — Definitions

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- Determination and Education Assistance Act (25 U.S.C. 5304)) but does not include any pos- session of the United States. (3) The term ‘‘construction’’ means the con- struction of new domiciliary or nursing home buildings, the expansion, remodeling, or alter- ation of existing buildings for the provision of domiciliary, nursing home, adult day health, or hospital care in State homes, and the provi- sion of initial equipment for any such build- ings. (4) The term ‘‘cost of construction’’ means the amount found by the Secretary to be nec- essary for a construction project, including ar- chitect fees, but excluding land acquisition costs. (Added Pub. L. 88–450, § 4(a), Aug. 19, 1964, 78 Stat. 501, § 5031; amended Pub. L. 94–581, title II, § 206(b), Oct. 21, 1976, 90 Stat. 2859; Pub. L. 95–62, § 3(1), (2), July 5, 1977, 91 Stat. 262; Pub. L. 99–576, title II, § 224(d), Oct. 28, 1986, 100 Stat. 3263; re- numbered § 8131, 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. 104–262, title III, § 342(b)(1), Oct. 9, 1996, 110 Stat. 3206; Pub. L. 116–315, title III, § 3004(c)(1), Jan. 5, 2021, 134 Stat. 4992.) Editorial Notes AMENDMENTS 2021—Par. (2). Pub. L. 116–315 inserted ‘‘includes each Indian tribe (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)) but’’ before ‘‘does not’’. 1996—Par. (3). Pub. L. 104–262 inserted ‘‘adult day health,’’ before ‘‘or hospital care’’. 1991—Pub. L. 102–40 renumbered section 5031 of this title as this section. Par. (4). Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Administrator’’. 1986—Pub. L. 99–576 redesignated pars. (a) to (d) as pars. (1) to (4), respectively. 1977—Par. (c). Pub. L. 95–62, § 3(1), inserted construc- tion of new domiciliary buildings, expansion, remod- eling, or alteration of existing domiciliary and hospital buildings, and provision of initial equipment for any such buildings to definition of ‘‘construction’’. Par. (d). Pub. L. 95–62, § 3(2), struck out provisions which had limited definition of ‘‘cost of construction’’ to the cost of construction of nursing home facilities. 1976—Par. (a). Pub. L. 94–581 substituted ‘‘veteran’’ for ‘‘war veteran’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–576, title II, § 224(e), Oct. 28, 1986, 100 Stat. 3263, provided that: ‘‘The amendments made by this section [amending this section and sections 5033 and 5035 [now 8133 and 8135] of this title] shall take effect on July 1, 1987.’’ EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–62, § 5, July 5, 1977, 91 Stat. 263, provided that: ‘‘(a) Except as provided in subsection (b) of this sec- tion, the amendments made by this Act [amending this section and sections 5032 to 5036 [now 8132 to 8136] of this title and repealing section 644 of this title] shall be effective October 1, 1977. ‘‘(b)(1) The terms and conditions of any grant made prior to October 1, 1977, under section 644 of title 38, United States Code [former section 644 of this title], and regulations prescribed thereunder, shall remain in full force and effect unless modified, by the mutual agreement of the parties, in accordance with the provi- sions of subchapter III of chapter 81 of such title, and regulations prescribed thereunder, in effect after Sep- tember 30, 1977. ‘‘(2) With respect to any grant made prior to October 1, 1977, under subchapter III of chapter 81 of such title, the Administrator of Veterans’ Affairs shall, upon ap- plication of a grantee, modify the terms and conditions of such grant to comply with the provisions of such subchapter as amended by this Act, and regulations prescribed thereunder, and shall promptly notify each such grantee of the grantee’s right to request such modification.’’ 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. SHORT TITLE OF 1977 AMENDMENT For short title of Pub. L. 95–62 as the ‘‘State Vet- erans’ Home Assistance Improvement Act of 1977’’, see Page 1354 TITLE 38—VETERANS’ BENEFITS § 8132 section 1 of Pub. L. 95–62, set out as a Short Title of 1977 Amendment note under section 101 of this title. § 8132. Declaration of purpose 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 fa- cilities) for furnishing domiciliary or nursing home care to veterans, and to expand, remodel, or alter existing buildings for furnishing domi- ciliary, nursing home, adult day health, or hos- pital care to veterans in State homes. (Added Pub. L. 88–450, § 4(a), Aug. 19, 1964, 78 Stat. 501, § 5032; amended Pub. L. 94–581, title II, § 206(b), Oct. 21, 1976, 90 Stat. 2859; Pub. L. 95–62, § 3(3), July 5, 1977, 91 Stat. 262; Pub. L. 98–528, title I, § 105(1), Oct. 19, 1984, 98 Stat. 2689; renum- bered § 8132, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 104–262, title III, § 342(b)(2), Oct. 9, 1996, 110 Stat. 3206; Pub. L. 116–315, title III, § 3004(c)(2), Jan. 5, 2021, 134 Stat. 4992.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–315 struck out ‘‘several’’ before ‘‘States’’. 1996—Pub. L. 104–262 inserted ‘‘adult day health,’’ be- fore ‘‘or hospital care’’. 1991—Pub. L. 102–40 renumbered section 5032 of this title as this section. 1984—Pub. L. 98–528 inserted ‘‘(or to acquire facilities to be used as State home facilities) after ‘‘State home facilities’’. 1977—Pub. L. 95–62 inserted references to the con- struction of State home facilities for furnishing of domiciliary care and to the expansion, remodeling, and alteration of existing buildings for furnishing domi- ciliary, nursing home, or hospital care to veterans in State homes. 1976—Pub. L. 94–581 substituted ‘‘veterans’’ for ‘‘war veterans’’. Statutory Notes and Related Subsidiaries 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 ad- ditional 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. § 8133. Authorization of appropriations (a) There are hereby authorized to be appro- priated 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 ap- proved by the Secretary, applications for car- rying out the purposes and meeting the require- ments of this subchapter. (b) Sums appropriated pursuant to subsection (a) of this section shall remain available until expended. (Added Pub. L. 88–450, § 4(a), Aug. 19, 1964, 78 Stat. 501, § 5033; amended Pub. L. 89–311, § 7(a), Oct. 31, 1965, 79 Stat. 1157; Pub. L. 90–432, § 2, July 26, 1968, 82 Stat. 448; Pub. L. 93–82, title IV, § 403(c), Aug. 2, 1973, 87 Stat. 196; Pub. L. 95–62, § 3(4), July 5, 1977, 91 Stat. 262; Pub. L. 96–151, title I, § 101(a), Dec. 20, 1979, 93 Stat. 1092; Pub. L. 97–251, § 8, Sept. 8, 1982, 96 Stat. 716; Pub. L. 99–576, title II, § 224(a), Oct. 28, 1986, 100 Stat. 3262; Pub. L. 101–110, § 1(c), Oct. 6, 1989, 103 Stat. 682; Pub. L. 101–237, title II, § 201(b), Dec. 18, 1989, 103 Stat. 2066; renumbered § 8133, 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, § 402, Nov. 4, 1992, 106 Stat. 4954.) Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–585 struck out before pe- riod at end of first sentence ‘‘through September 30, 1992’’. 1991—Pub. L. 102–40 renumbered section 5033 of this title as this section. Subsec. (a). Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Administrator’’. 1989—Subsec. (a). Pub. L. 101–237 substituted ‘‘Sep- tember 30, 1992’’ for ‘‘September 30, 1990’’. Pub. L. 101–110 substituted ‘‘1990’’ for ‘‘1989’’. 1986—Subsec. (a). Pub. L. 99–576 amended first sen- tence generally. Prior to amendment, first sentence read as follows: ‘‘There is hereby authorized to be ap- propriated $15,000,000 for fiscal year 1980 and such sums as may be necessary for fiscal year 1981 and for each of the five succeeding fiscal years.’’ 1982—Subsec. (a). Pub. L. 97–251 substituted ‘‘for fis- cal year 1980 and such sums as may be necessary for fis- cal year 1981 and for each of the five succeeding fiscal years’’ for ‘‘for the fiscal year ending September 30, 1978, a like sum for each of the two succeeding fiscal years, and such sums as may be necessary for the fiscal years ending September 30, 1981, and September 30, 1982’’. 1979—Subsec. (a). Pub. L. 96–151 inserted provisions extending authorization of a like sum from one to two years, and provisions authorizing to be appropriated such sums as necessary for the fiscal years ending Sept. 30, 1981, and Sept. 30, 1982. 1977—Subsec. (a). Pub. L. 95–62 substituted ‘‘$15,000,000 for the fiscal year ending September 30, 1978, and a like sum for the succeeding fiscal year’’ for ‘‘$5,000,000 for the fiscal year ending June 30, 1965, and a like sum for each of the fourteen succeeding fiscal years’’ and ‘‘ap- plications for carrying out the purposes and meeting the requirements of this subchapter’’ for ‘‘applications for carrying out the purposes of section 5032 of this title’’. Subsec. (b). Pub. L. 95–62 substituted ‘‘shall remain available until expended’’ for ‘‘shall remain available until the end of the second fiscal year following the fis- cal year for which they are appropriated’’. 1973—Subsec. (a). Pub. L. 93–82 substituted ‘‘fourteen succeeding fiscal years’’ for ‘‘nine succeeding fiscal years’’. 1968—Subsec. (a). Pub. L. 90–432 substituted ‘‘nine succeeding fiscal years’’ for ‘‘four succeeding fiscal years’’. 1965—Subsec. (c). Pub. L. 89–311 repealed subsec. (c) which limited to not more than 10 per centum of the funds appropriated pursuant to subsec. (a) of this sec- tion the moneys which could be used to assist in the construction of nursing home care facilities in any one State. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–110, § 3(a), Oct. 6, 1989, 103 Stat. 682, pro- vided that: ‘‘The provisions of and amendments made