2002—Subsec. (a)(8). Pub. L. 107–217 substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of
1999—Subsec. (a). Pub. L. 106–117, § 207(b)(1), in introductory provisions, substituted “set forth the following:” for “set forth—”, in pars. (1) to (7), capitalized the first letter of the first word and substituted a period for the comma at the end, in par. (8), capitalized the first letter of the first word and substituted a period for “, and” at the end, and in par. (9), capitalized the first letter of the first word.
Subsec. (b). Pub. L. 106–117, § 207(b)(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 106–117, § 207(b)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (c)(1). Pub. L. 106–117, § 207(b)(4)(A), in introductory provisions, substituted “under subsection (a) for financial assistance under this subchapter” for “for a grant under subsection (a) of this section”.
Subsec. (c)(2)(A). Pub. L. 106–117, § 207(b)(4)(B)(i), struck out “the construction or acquisition of” after “sufficient funds available for”.
Subsec. (c)(2)(B) to (H). Pub. L. 106–117, § 207(b)(4)(B)(ii), added subpars. (B) to (H) and struck out former subpars. (B) to (D) which read as follows:
“(B) An application from a State that does not have a State home facility constructed or acquired with assistance under this subchapter (or for which such a grant has been made).
“(C) An application from a State which the Secretary determines, in accordance with criteria and procedures specified in regulations which the Secretary shall prescribe, has a greater need for nursing home or domiciliary beds or adult day health care facilities than other States from which applications are received.
“(D) An application that meets such other criteria as the Secretary determines are appropriate and has established in regulations.”
Subsec. (c)(3)(A). Pub. L. 106–117, § 207(b)(4)(C), added subpar. (A) and struck out former subpar. (A) which read as follows: “shall accord priority only to projects which would involve construction or acquisition of either nursing home or domiciliary buildings or construction (other than new construction) of adult day health care buildings; and”.
Subsecs. (d) to (f). Pub. L. 106–117, § 207(b)(2), redesignated subsecs. (c) to (e) as (d) to (f), respectively.
1996—Subsec. (b)(2)(C). Pub. L. 104–262, § 342(b)(3)(A), inserted “or adult day health care facilities” after “domiciliary beds”.
Subsec. (b)(3)(A). Pub. L. 104–262, § 342(b)(3)(B), inserted “or construction (other than new construction) of adult day health care buildings” before semicolon.
1994—Subsec. (a)(3). Pub. L. 103–446 substituted “section 8134(a)(2)” for “section 8134(2)”.
1992—Subsec. (b)(6)(A). Pub. L. 102–585, § 403(a), substituted “180 days” for “90 days”.
Subsec. (b)(6)(B). Pub. L. 102–585, § 404(a), inserted at end “In the event the Secretary rescinds conditional approval of a project under this subparagraph, the Secretary may not further obligate funds for the project during the fiscal year in which the Secretary rescinds such approval.”
1991—Pub. L. 102–40, § 402(b)(1), renumbered section 5035 of this title as this section.
Subsec. (a). Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing.
Pub. L. 102–54 amended subsec. (a) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “Any State” for “After regulations have been prescribed by the Administrator under section 5034 of this title, any State”.
Pub. L. 102–40, § 402(d)(1), substituted “8134(2)” for “5034(2)” in par. (3).
Subsec. (b). Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing.
Subsec. (b)(1)(A). Pub. L. 102–40, § 402(d)(1), substituted “8134” for “5034”.
Subsecs. (c), (d). Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing.
1988—Subsec. (b)(4). Pub. L. 100–322, § 206(a), (b)(1), inserted “(including projects that have been conditionally approved under paragraph (6) of this subsection)” after “projects” and substituted “August 15” for “July 1”.
Subsec. (b)(6), (7). Pub. L. 100–322, § 206(b)(2), added pars. (6) and (7).
1986—Subsec. (b). Pub. L. 99–576, § 224(b), amended subsec. (b) generally, substituting provisions consisting of pars. (1) to (5) for former provisions consisting of pars. (1) and (2).
Subsec. (d). Pub. L. 99–576, § 224(c), struck out par. (1) designation, substituted “The amount of a grant under this subchapter shall be paid” for “Upon approving an application under this section, the Administrator shall certify to the Secretary of the Treasury the amount of the grant so approved, but in no event an amount greater than 65 percent of the estimated cost of construction (or of the estimated cost of facility acquisition and construction) of the project, and shall designate the appropriation from which it shall be paid. Such certification shall provide for payment” and struck out par. (2) which read as follows: “No one State may receive in any fiscal year in the aggregate under this subchapter more than one-third of the amount appropriated for carrying out this subchapter in such fiscal year.”
1985—Subsec. (a)(6). Pub. L. 99–166, § 205(a), inserted “by July 1 of the fiscal year for which the application is approved”.
Subsec. (b). Pub. L. 99–166, § 205(b), designated existing provisions as par. (1), redesignated cls. (1) to (4) as (A) to (D), respectively, and added par. (2).
1984—Subsec. (a). Pub. L. 98–528, § 105(3)(A), inserted “(or acquisition of a facility to be used as a State home facility)” after “State home facilities” in provisions preceding par. (1).
Subsec. (a)(1). Pub. L. 98–528, § 105(3)(B), inserted “(or of the estimated cost of facility acquisition and construction)” after “cost of construction”.
Subsec. (a)(6). Pub. L. 98–528, § 105(3)(C), inserted “(or for facility acquisition and construction of the project)” after “construction of the project”.
Subsec. (a)(8). Pub. L. 98–528, § 105(3)(D), substituted “the Act of
Subsec. (a)(9). Pub. L. 98–528, § 105(3)(E), added par. (9).
Subsec. (b)(2). Pub. L. 98–528, § 105(3)(F), inserted “(or of the estimated cost of facility acquisition and construction)” after “cost of construction”.
Subsec. (b)(4). Pub. L. 98–528, § 105(3)(G), substituted “the carrying out of such project” for “the construction of such project”.
Subsec. (d)(1). Pub. L. 98–528, § 105(3)(H), inserted “(or of the estimated cost of facility acquisition and construction)” after “cost of construction” in first sentence, substituted “carried out” for “constructed” in second sentence, substituted “the project” for “construction” in third sentence, struck out “the construction of” before “an approved project” in fourth sentence.
1982—Subsecs. (a)(1), (4), (b)(2), (d)(1). Pub. L. 97–295 substituted “percent” for “per centum” wherever appearing.
1977—Subsec. (a). Pub. L. 95–62, § 3(7), (8), substituted “State home facilities must submit” for “State home facilities for furnishing nursing home care must submit” in provisions preceding par. (1) and, “to furnish to veterans the level of care for which such application is made and that not more than 25 per centum of the bed occupancy at any one time will consist of patients who are not receiving such level of care as war veterans” for “to furnish nursing home care to veterans and that not more than 10 per centum of the bed occupancy at any one time will consist of patients who are not receiving nursing home care as veterans” in par. (4).
Subsec. (b)(3). Pub. L. 95–62, § 3(9), substituted “reasonable assurances under subsection (a) of this section as the Administrator” for “reasonable assurances as to use, title, financial support, reports and access to records, and payment of prevailing rates of wages, as the Administrator”.
Subsec. (c). Pub. L. 95–62, § 3(10), substituted “afforded the applicant notice and an opportunity for a hearing” for “afforded the applicant an opportunity for a hearing”.
Subsec. (d). Pub. L. 95–62, § 3(11), designated existing provisions as par. (1), substituted “the Administrator shall certify to the Secretary of the Treasury the amount of the grant so approved” for “the Administrator shall certify to the Secretary of the Treasury the amount of the grant requested with respect to such project in such application”, and added par. (2).
Subsec. (e). Pub. L. 95–62, § 3(12), substituted “amendment of any application, whether or not approved,” for “amendment of any approved application”.
1976—Subsec. (a)(4). Pub. L. 94–581, § 206(b), substituted “veterans” for “war veterans” in two places.
Subsec. (b). Pub. L. 94–581, §§ 206(b), 210(e)(10), substituted “the Administrator” for “he” in provisions preceding par. (1) and “veterans” for “war veterans” in par. (4).
1973—Subsecs. (a)(1), (b)(2), (d). Pub. L. 93–82 substituted “65 per centum” for “50 per centum”.
1965—Subsec. (b). Pub. L. 89–311 repealed par. (3) which placed a limit of 10 per centum of the funds appropriated for any fiscal year pursuant to section 5033(a) of this title upon the amount which could be used to assist in the construction of facilities in any one state, and redesignated pars. (4) and (5) as pars. (3) and (4), respectively.
Pub. L. 102–585, title IV, § 403(b),
Pub. L. 102–585, title IV, § 404(b),
Amendment by Pub. L. 99–576 effective
Amendment by Pub. L. 95–62 effective
Amendment by Pub. L. 94–581 effective
Amendment by Pub. L. 93–82 effective
Pub. L. 99–576, title II, § 224(f),
Pub. L. 106–117, title II, § 207(c), “(1) The provisions of sections 8134 and 8135 of title 38, United States Code, as in effect on “(2) Applications covered by paragraph (1) are the following:“(A) Any application for a fiscal year 1999 priority one project.“(B) Any application for a fiscal year 2000 priority one project that was submitted by a State that (i) did not receive grant funds from amounts appropriated for fiscal year 1999 under the State home grant program, and (ii) does not have any fiscal year 1999 priority one projects.“(3) For purposes of this subsection—“(A) the term ‘fiscal year 1999 priority one project’ means a project on the list of approved projects established by the Secretary on “(B) the term ‘fiscal year 2000 priority one project’ means a project on the list of approved projects established by the Secretary on “(C) the term ‘State home grant program’ means the grant program under subchapter III of chapter 81 of title 38, United States Code.”