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Title 38 — Veterans’ Benefits

Part VI · Chapter 81 — Acquisition and Operation of Hospital and Domiciliary Facilities; Procurement and Supply; Enhanced-Use Leases of Real Property

§ 8116. Nursing home revolving fund

Statutory text

(a)
(1)

Amounts realized from a transfer pursuant to section 8122(a)(2)(C) 1 of this title shall be administered as a revolving fund and shall be available without fiscal year limitation.

(2)

The revolving fund shall be deposited in a checking account with the Treasurer of the United States.

(b)
(1)

The expenditure of funds from the revolving fund may be made only for the construction, alteration, and acquisition (including site acquisition) of nursing home facilities and may be made only as provided for in appropriation Acts.

(2)

For the purpose of section 8104(a)(2) of this title, a bill, resolution, or amendment which provides that funds in the revolving fund may be expended for a project involving a total expenditure of more than $2,000,000 for the construction, alteration, or acquisition (including site acquisition) of a nursing home facility shall be considered to be a bill, resolution, or amendment making an appropriation which may be expended for a major medical facility project.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Veterans

    Pub. L. 100–322 title II § 205(a) · 102 Stat. 487

    Enacted · 38 U.S.C. § 8116

    Added Pub. L. 100–322, title II, § 205(a), May 20, 1988, 102 Stat. 512, § 5016

    Source evidence

    Code source credit
    Added Pub. L. 100–322, title II, § 205(a), May 20, 1988, 102 Stat. 512, § 5016

    Enacted provision · exact public law section
    (a) Establishment of Fund.— Chapter 81 is amended by inserting after section 5015 the following new section: “§ 5016. Nursing home revolving fund “(a) (1) Amounts realized from a transfer pursuant to section 5022(a)(2)(C) of this title shall be administered as a revolving fund and shall be available without fiscal year limitation. “(2) The revolving fund shall be deposited in a checking account with the Treasurer of the United States. “(b) (1) The expenditure of funds from the revolving fund may be made only for the construction, alteration, and acquisition (including site acquisition) of nursing home facilities and may be made only as provided for in appropriation Acts. “(2) For the purpose of section 5004(a)(2) of this title, a bill, resolution, or amendment which provides that funds in the revolving fund may be expended for a project involving a total expenditure of more than $2,000,000 for the construction, alteration, or acquisition (including site acquisition) of a nursing home facility shall be considered to be a bill, resolution, or amendment making an appropriation which may be expended for a major medical facility project.”.

  2. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 402(b)(1) · 105 Stat. 187

    Changed · 38 U.S.C. § 8116

    Pub. L. 102–40, § 402(b)(1), renumbered section 5016 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(b)(1), renumbered section 5016 of this title as this section.

    Enacted provision · exact public law section
    (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  3. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

    1. Substituted · 38 U.S.C. § 8116

      Pub. L. 102–40, § 402(d)(1), substituted “8122(a)(2)(C)” for “5022(a)(2)(C)” in subsec. (b)(2)

    2. Substituted · 38 U.S.C. § 8116

      Pub. L. 102–40, § 402(d)(1), substituted “8104(a)(2)” for “5004(a)(2)” in subsec. (b)(2)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(d)(1), substituted “8122(a)(2)(C)” for “5022(a)(2)(C)” in subsec. (a)(1) and “8104(a)(2)” for “5004(a)(2)” in subsec. (b)(2).

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

4 of 4 references resolved to an enrolled provision

Notes

Repeal of Section

Pub. L. 108–422, title IV, § 411(c)(1),(f), , 118 Stat. 2389, 2390, provided that this section is repealed effective at the end of the 30-day period beginning on the date on which the Secretary of Veterans Affairs certifies to Congress that the Secretary is in compliance with section 1710B(b) of this title.

Editorial Notes

References in Text

Section 8122(a)(2) of this title, referred to in subsec. (a)(1), was amended generally by Pub. L. 108–422, title IV, § 411(e)(1), , 118 Stat. 2389, and, as so amended, no longer contains a subpar. (C).

Amendments

1991—Pub. L. 102–40, § 402(b)(1), renumbered section 5016 of this title as this section.

Pub. L. 102–40, § 402(d)(1), substituted “8122(a)(2)(C)” for “5022(a)(2)(C)” in subsec. (a)(1) and “8104(a)(2)” for “5004(a)(2)” in subsec. (b)(2).

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective at the end of the 30-day period beginning on the date on which the Secretary of Veterans Affairs certifies to Congress that the Secretary is in compliance with section 1710B(b) of this title, see section 411(f) of Pub. L. 108–422, set out as an Effective Date of 2004 Amendment note under section 1710B of this title.

Transfer of Nursing Home Revolving Fund Balances and Receipts

For provisions relating to the transfer of balances and receipts from the Nursing Home Revolving Fund to the “Medical services” account, see section 115 of Pub. L. 108–447, set out as a note under section 1729a of this title.

Credits

1988–1991 · 2 acts
  1. 1988Added Pub. L. 100–322, title II, § 205(a), , 102 Stat. 512, § 5016
  2. 1991renumbered § 8116 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), , 105 Stat. 238, 239.
Show as published

(Added Pub. L. 100–322, title II, § 205(a), , 102 Stat. 512, § 5016; renumbered § 8116 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), , 105 Stat. 238, 239.)

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