US Code

Public Law 119-83 (04/13/2026)

38 U.S.C. § 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)
section 1720(b) of this title 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 .
(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)
section 1741 of this title 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 .
(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.

Pub. L. 88–450, § 4(a)78 Stat. 502 Pub. L. 89–311, § 7(b)79 Stat. 1157 Pub. L. 93–82, title IV, § 403(d)87 Stat. 196 Pub. L. 94–581, title I, § 107(b)90 Stat. 2847 Pub. L. 95–62, § 3(5)91 Stat. 262 Pub. L. 96–330, title IV, § 40494 Stat. 1052 Pub. L. 98–528, title I, § 105(2)98 Stat. 2689 Pub. L. 102–40, title IV, § 402(b)(1)105 Stat. 238 Pub. L. 102–54, § 14(f)(6)105 Stat. 288 Pub. L. 102–83105 Stat. 404–406 Pub. L. 106–117, title II, § 207(a)113 Stat. 1564 (Added , , , § 5034; amended , , ; , , ; , title II, § 206(b), , , 2859; , (6), , ; , , ; , , ; renumbered § 8134, , , ; , , ; , §§ 4(b)(1), (2)(E), 5(c)(1), , ; , , .)

Editorial Notes

References in Text

Pub. L. 106–117The 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 , which was approved .

Amendments

Pub. L. 106–117, § 207(a)(1)1999—Subsecs. (a), (b). –(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).

Pub. L. 106–117, § 207(a)(1)Subsec. (c). , (4), redesignated subsec. (b) as (c) and substituted “subsection (b)(2)” for “subsection (a)(3)”.

Pub. L. 106–117, § 207(a)(5)Subsec. (d). , added subsec. (d).

Pub. L. 102–40section 5034 of this title1991— renumbered as this section.

Pub. L. 102–83, § 5(c)(1), substituted “1720(b)” for “620(b)” in subsec. (a)(3).

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 102–54Pub. L. 102–40 amended section as in effect immediately before the enactment of 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.

Pub. L. 98–5281984—Pars. (2), (3). inserted “or acquired” after “constructed” wherever appearing.

Pub. L. 96–3301980—Par. (1). 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”.

Pub. L. 95–62, § 3(5)1977—Par. (2). , substituted “repair, and equipment for facilities constructed” for “repairs, modernization, alteration, and equipment for facilities for furnishing nursing home care which are constructed”.

Pub. L. 95–62, § 3(6)Par. (3). , substituted “furnishing of care” for “furnishing of nursing home care”.

Pub. L. 94–5811976— 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).

Pub. L. 93–821973—Par. (1). substituted “two and one-half beds” for “one and one-half beds”.

Pub. L. 89–3111965—Par. (1). substituted “one and one-half beds” for “one-half bed”.

Statutory Notes and Related Subsidiaries

Effective Date of 1977 Amendment

Pub. L. 95–62section 644 of this titlesection 644 of this titlesection 5 of Pub. L. 95–62section 8131 of this titleAmendment by effective , with provision for the continuing force and effect of the terms and conditions of grants made prior to , under former and with additional provision for the modification of the terms and conditions of both grants made under former prior to , and of grants made under this subchapter prior to , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–581section 211 of Pub. L. 94–581section 111 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1973 Amendment

Pub. L. 93–82section 501 of Pub. L. 93–82section 1701 of this titleAmendment by effective , see , set out as a note under .

Regulations

Pub. L. 106–117, title II, § 207(d)113 Stat. 1567

section 8134 of title 38“The Secretary [of Veterans Affairs] shall prescribe the initial regulations under subsection (a) of , United States Code, as added by subsection (a), not later than .”
, , , provided that:

Transition Provisions

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