38 U.S.C. § 8133 — Authorization of appropriations

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 Page 1355 TITLE 38—VETERANS’ BENEFITS § 8134 by this Act [amending this section and enacting provi- sions set out as notes under sections 1712, 1720B, and 3729 of this title and under section 6302 of Title 5, Gov- ernment Organization and Employees] shall take effect as of October 1, 1989.’’ EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–576 effective July 1, 1987, see section 224(e) of Pub. L. 99–576, set out as a note under section 8131 of this title. 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 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. § 8134. General regulations (a)(1) The Secretary shall prescribe regula- tions 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 en- actment 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 de- mand, 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 avail- ability of beds already operated by the Sec- retary 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 nec- essary, revise regulations prescribed under para- graphs (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 equipment for facilities constructed or ac- quired with assistance received under this sub- chapter. (2) General standards for the furnishing of care in facilities which are constructed or ac- quired with assistance received under this sub- chapter, which standards shall be no less strin- gent than those standards prescribed by the Secretary pursuant to section 1720(b) of this title. (c) The Secretary may inspect any State facil- ity constructed or acquired with assistance re- ceived under this subchapter at such times as the Secretary deems necessary to insure that such facility meets the standards prescribed under subsection (b)(2). (d)(1) In prescribing regulations to carry out this subchapter, the Secretary shall provide that in the case of a State that seeks assistance under this subchapter for a project described in subsection (a)(3)(B), the determination of the unmet need for beds for State homes in that State shall be reduced by the number of beds in all previous applications submitted by that State under this subchapter, including beds which have not been recognized by the Sec- retary under section 1741 of this title. (2)(A) Financial assistance under this sub- chapter for a renovation project may only be provided for a project for which the total cost of construction is in excess of $400,000 (as adjusted from time-to-time in such regulations to reflect changes in costs of construction). (B) For purposes of this paragraph, a renova- tion project is a project to remodel or alter ex- isting buildings for which financial assistance under this subchapter may be provided and does not include maintenance and repair work which is the responsibility of the State. (Added Pub. L. 88–450, § 4(a), Aug. 19, 1964, 78 Stat. 502, § 5034; amended Pub. L. 89–311, § 7(b), Oct. 31, 1965, 79 Stat. 1157; Pub. L. 93–82, title IV, § 403(d), Aug. 2, 1973, 87 Stat. 196; Pub. L. 94–581, title I, § 107(b), title II, § 206(b), Oct. 21, 1976, 90 Stat. 2847, 2859; Pub. L. 95–62, § 3(5), (6), July 5, 1977, 91 Stat. 262; Pub. L. 96–330, title IV, § 404, Aug. 26, 1980, 94 Stat. 1052; Pub. L. 98–528, title I, § 105(2), Oct. 19, 1984, 98 Stat. 2689; renumbered § 8134, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, § 14(f)(6), June 13, 1991, 105 Stat. 288; Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 106–117, title II, § 207(a), Nov. 30, 1999, 113 Stat. 1564.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Veterans Millen- nium Health Care and Benefits Act, referred to in sub- sec. (a)(2), is the date of enactment of Pub. L. 106–117, which was approved Nov. 30, 1999. AMENDMENTS 1999—Subsecs. (a), (b). Pub. L. 106–117, § 207(a)(1)–(3), added subsec. (a), redesignated former subsec. (a) as (b) and struck out introductory provisions and par. (1) which authorized Secretary to prescribe number of beds needed for adequate nursing home care of veterans, and redesignated former pars. (2) and (3) of subsec. (a) as pars. (1) and (2), respectively, of subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 106–117, § 207(a)(1), (4), redesig- nated subsec. (b) as (c) and substituted ‘‘subsection (b)(2)’’ for ‘‘subsection (a)(3)’’. Subsec. (d). Pub. L. 106–117, § 207(a)(5), added subsec. (d).