100 STAT. 3262
PUBLIC LAW 99-576—OCT. 28, 1986
SEC. 224. REVISION OF STATE HOME CONSTRUCTION GRANT PROGRAM.
38 USC 5033.
(a) AUTHORIZATION OF APPROPRIATIONS.—The first sentence of section 5033(a) is amended to read as follows: "There are hereby authorized to be appropriated such sums as are necessary to carry out this subchapter through September 30, 1989.". (b) PRIORITY FOR CERTAIN PROJECT APPLICATIONS.—Subsection (b)
of section 5035 is amended to read as follows: "(b)(1) Upon receipt of an application for a grant under subsection (a) of this section, the Administrator— "(A) shall determine whether the application meets the requirements of this section and of the regulations prescribed under section 5034 of this title; "(B) shall notify the State submitting the application whether the application conforms with those requirements and, if it does not, of the actions necessary to bring the application into conformance with those requirements; and "(C) shall determine the priority of the project described in the application in accordance with the provisions of this subsection. "(2) Subject to paragraphs (3) and (5)(C) of this subsection, the Mm oiiij m Administrator shall accord priority to applications in the following order: "(A) An application from a State that has made sufficient funds available for the construction or acquisition of the project for which the grant is requested so that such project may proceed upon approval of the grant without further action required by the State to make such funds available for such purpose. "(B) An application from a State that does not have a State ,^ home facility constructed or acquired with assistance under this ^f*' subchapter (or for which such a grant has been made).
- 8Vv'* «(Q) ^jj application from a State which the Administrator
determines, in accordance with criteria and procedures specified e ( '>3U 8? DiiiB ii^ regulations which the Administrator shall prescribe, has a OK Hion g,^/ greater need for nursing home or domiciliary beds than other States from which applications are received. "(D) An application that meets such other criteria as the Administrator determines are appropriate and has established in regulations. "(3) In according priorities to projects under paragraph (2) of this subsection, the Administrator— "(A) shall accord priority only to projects which would involve construction or acquisition of either nursing home or domiciliary buildings; and "(B) may not accord any priority to a project which would expand a State's capacity to furnish hospital care in a State home. "(4) The Administrator shall establish a list of approved projects, in the order of their priority, as of July 1 of each year. The Administrator shall award grants in the order of their priority on the list during the fiscal year beginning on October 1 of the calendar year in which the list was made. "(5)(A) The Administrator shall defer approval of an application that otherwise meets the requirements of this section if the State submitting the application does not, by the July 1 deadline (as defined in subparagraph (D) of this paragraph), demonstrate to the
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