
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC8134]

 
                      TITLE 38--VETERANS' BENEFITS
 
            PART VI--ACQUISITION AND DISPOSITION OF PROPERTY
 
   CHAPTER 81--ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY 
FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY
 
   SUBCHAPTER III--STATE HOME FACILITIES FOR FURNISHING DOMICILIARY, 
                     NURSING HOME, AND HOSPITAL CARE
 
Sec. 8134. General regulations

    (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 equipment for 
    facilities constructed or acquired with assistance received under 
    this subchapter.
        (2) General standards for the furnishing of care in facilities 
    which are constructed or acquired with assistance received under 
    this subchapter, which standards shall be no less stringent than 
    those standards prescribed by the Secretary pursuant to section 
    1720(b) of this title.

    (c) The Secretary may inspect any State facility constructed or 
acquired with assistance received 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 Secretary under section 1741 
of this title.
    (2)(A) Financial assistance under this subchapter 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 renovation project is a 
project to remodel or alter existing 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, Sec. 4(a), Aug. 19, 1964, 78 Stat. 502, 
Sec. 5034; amended Pub. L. 89-311, Sec. 7(b), Oct. 31, 1965, 79 Stat. 
1157; Pub. L. 93-82, title IV, Sec. 403(d), Aug. 2, 1973, 87 Stat. 196; 
Pub. L. 94-581, title I, Sec. 107(b), title II, Sec. 206(b), Oct. 21, 
1976, 90 Stat. 2847, 2859; Pub. L. 95-62, Sec. 3(5), (6), July 5, 1977, 
91 Stat. 262; Pub. L. 96-330, title IV, Sec. 404, Aug. 26, 1980, 94 
Stat. 1052; Pub. L. 98-528, title I, Sec. 105(2), Oct. 19, 1984, 98 
Stat. 2689; renumbered Sec. 8134, Pub. L. 102-40, title IV, 
Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-54, 
Sec. 14(f)(6), June 13, 1991, 105 Stat. 288; Pub. L. 102-83, 
Secs. 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 
106-117, title II, Sec. 207(a), Nov. 30, 1999, 113 Stat. 1564.)

                       References in Text

    The date of the enactment of the Veterans Millennium Health Care and 
Benefits Act, referred to in subsec. (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, Sec. 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, Sec. 207(a)(1), (4), redesignated 
subsec. (b) as (c) and substituted ``subsection (b)(2)'' for 
``subsection (a)(3)''.
    Subsec. (d). Pub. L. 106-117, Sec. 207(a)(5), added subsec. (d).
    1991--Pub. L. 102-40 renumbered section 5034 of this title as this 
section.
    Pub. L. 102-83, Sec. 5(c)(1), substituted ``1720(b)'' for ``620(b)'' 
in subsec. (a)(3).
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' wherever appearing.
    Pub. L. 102-54 amended section as in effect immediately before the 
enactment of Pub. L. 102-40 by inserting ``(a)'' before ``Within six 
months'', substituting ``any amendment to this section'' for ``this 
section or any amendment to it'', designating sentence at end of par. 
(3) as subsec. (b), realigning such sentence, and substituting ``the 
standards prescribed under subsection (a)(3)'' for ``such standards'' at 
end of such sentence.
    1984--Pars. (2), (3). Pub. L. 98-528 inserted ``or acquired'' after 
``constructed'' wherever appearing.
    1980--Par. (1). Pub. L. 96-330 struck out ``, which number shall not 
exceed two and one-half beds per thousand veteran population in the case 
of any State'' after ``residing in each State''.
    1977--Par. (2). Pub. L. 95-62, Sec. 3(5), substituted ``repair, and 
equipment for facilities constructed'' for ``repairs, modernization, 
alteration, and equipment for facilities for furnishing nursing home 
care which are constructed''.
    Par. (3). Pub. L. 95-62, Sec. 3(6), substituted ``furnishing of 
care'' for ``furnishing of nursing home care''.
    1976--Pub. L. 94-581 substituted ``date of enactment of this section 
or any amendment to it with respect to such amendment'' for ``date of 
enactment of this subchapter'' in provisions preceding par. (1), 
substituted ``veterans'' and ``veteran'' for ``war veterans'' and ``war 
veteran'', respectively, in par. (1), and added par. (3).
    1973--Par. (1). Pub. L. 93-82 substituted ``two and one-half beds'' 
for ``one and one-half beds''.
    1965--Par. (1). Pub. L. 89-311 substituted ``one and one-half beds'' 
for ``one-half bed''.


                    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.


                               Regulations

    Pub. L. 106-117, title II, Sec. 207(d), Nov. 30, 1999, 113 Stat. 
1567, provided that: ``The Secretary [of Veterans Affairs] shall 
prescribe the initial regulations under subsection (a) of section 8134 
of title 38, United States Code, as added by subsection (a), not later 
than April 30, 2000.''


                          Transition Provisions

    Provisions of this section in effect on Nov. 10, 1999, to continue 
in effect after that date with respect to certain applications described 
in section 8135(b)(2)(A) of this title that are identified in section 
207(c)(2) of Pub. L. 106-117, see section 207(c) of Pub. L. 106-117, set 
out as a note under section 8135 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 8135 of this title.
