
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 222]
[CITE: 38USC8136]

 
                      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. 8136. Recapture provisions

    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.

(Added Pub. L. 88-450, Sec. 4(a), Aug. 19, 1964, 78 Stat. 503, 
Sec. 5036; amended Pub. L. 93-82, title IV, Sec. 403(f), Aug. 2, 1973, 
87 Stat. 196; Pub. L. 94-581, title II, Sec. 206(b), Oct. 21, 1976, 90 
Stat. 2859; Pub. L. 95-62, Sec. 3(13), July 5, 1977, 91 Stat. 263; Pub. 
L. 97-295, Sec. 4(92), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98-528, 
title I, Sec. 105(4), Oct. 19, 1984, 98 Stat. 2690; renumbered 
Sec. 8136, Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 
Stat. 238; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 
404, 405; Pub. L. 102-585, title IV, Sec. 405, Nov. 4, 1992, 106 Stat. 
4954.)


                               Amendments

    1992--Pub. L. 102-585 substituted ``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'' for ``If, 
within 20 years after completion of any project'' and ``the facilities 
covered by the project cease'' for ``such facilities cease''.
    1991--Pub. L. 102-40 renumbered section 5036 of this title as this 
section.
    Pub. L. 102-83 substituted ``Secretary'' for ``Administrator'' in 
two places.
    1984--Pub. L. 98-528 struck out ``for construction'' after 
``completion of any project''; inserted ``acquisition,'' after ``in the 
case of the''; substituted ``value of such project'' for ``value of such 
construction''; struck out ``for such construction'' after ``assistance 
provided for'', which amendment was executed by striking out ``for such 
construction'' after ``assistance provided'' as the probable intent of 
Congress, because ``for'' appeared only once after ``assistance 
provided''; and substituted ``20'' for ``twenty'' in two places.
    1982--Pub. L. 97-295 substituted ``percent'' for ``per centum''.
    1977--Pub. L. 95-62 substituted ``If, within twenty years after 
completion of any project for construction with respect to which a grant 
has been made under this subchapter (except that the Administrator, 
pursuant to regulations which the Administrator shall prescribe, may at 
the time of such grant provide for a shorter period than twenty, but not 
less than seven, years, based on the magnitude of the project and the 
grant amount involved, in the case of the expansion, remodeling, or 
alteration of existing facilities), such facilities 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 per centum of the then value 
of such construction (but in no event an amount greater than the amount 
of assistance provided for such construction under this subchapter)'' 
for ``If, within twenty years after completion of any project for 
construction of facilities for furnishing nursing home care with respect 
to which a grant has been made under this subchapter, such facilities 
cease to be operated by a State, a State home, or an agency or 
instrumentality of a State principally for furnishing nursing home 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 per centum of the then value 
of such facilities''.
    1976--Pub. L. 94-581 substituted ``veterans'' for ``war veterans''.
    1973--Pub. L. 93-82 substituted ``65 per centum'' for ``50 per 
centum''.


                    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.
