Title 38Veterans' BenefitsRelease 119-73

§8136 Recapture provisions

Title 38 › Part PART VI— - ACQUISITION AND DISPOSITION OF PROPERTY › Chapter CHAPTER 81— - ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY › Subchapter SUBCHAPTER III— - STATE HOME FACILITIES FOR FURNISHING DOMICILIARY, NURSING HOME, AND HOSPITAL CARE › § 8136

Last updated Apr 6, 2026|Official source

Summary

If a facility that got a federal grant stops being run by a State (or a State home or state agency) mainly to give domiciliary, nursing home, or hospital care to veterans within 20 years after the Secretary approves the project’s final inspection, the United States can recover money. For projects that fixed up existing buildings, the Secretary may set a shorter period at the time of the grant, but not less than seven years. The government can recover 65% of the facility’s current value, but never more than the total grant. Recovery can be agreed on or decided in the U.S. district court where the facility is located, and the money can be taken from the original grantee State or the facility’s current owner. If the Secretary opens and runs an outpatient clinic in those facilities, that alone does not let the United States demand recovery.

Full Legal Text

Title 38, §8136

Veterans' Benefits — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Pub. L. 106–419 designated existing provisions as subsec. (a) and added subsec. (b). 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1977 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

38 U.S.C. § 8136

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73