§8135 Applications with respect to projects; payments

2002—Subsec. (a)(8). Pub. L. 107–217 substituted “section 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (40 U.S.C. 276a—276a–5) (known as the Davis-Bacon Act)”. 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

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

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

.” 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

or acquisition of either nursing home or domiciliary buildings or

(other than new

) 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

(other than new

) 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

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

(or of the estimated cost of facility acquisition and

) 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

)” after “cost of

”. Subsec. (a)(6). Pub. L. 98–528, § 105(3)(C), inserted “(or for facility acquisition and

of the project)” after “

of the project”. Subsec. (a)(8). Pub. L. 98–528, § 105(3)(D), substituted “the Act of March 3, 1931 (40 U.S.C. 276a—276a–5)” for “sections 276a through 276a–5 of title 40”. 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

)” after “cost of

”. Subsec. (b)(4). Pub. L. 98–528, § 105(3)(G), substituted “the carrying out of such project” for “the

of such project”. Subsec. (d)(1). Pub. L. 98–528, § 105(3)(H), inserted “(or of the estimated cost of facility acquisition and

)” after “cost of

” in first sentence, substituted “carried out” for “constructed” in second sentence, substituted “the project” for “

” in third sentence, struck out “the

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

of facilities in any one state, and redesignated pars. (4) and (5) as pars. (3) and (4), respectively.

of 1992 Amendment Pub. L. 102–585, title IV, § 403(b), Nov. 4, 1992, 106 Stat. 4954, provided that: “The amendment made by subsection (a) [amending this section] shall apply to projects that are conditionally approved after September 30, 1992.” Pub. L. 102–585, title IV, § 404(b), Nov. 4, 1992, 106 Stat. 4954, provided that: “The amendment made by subsection (a) [amending this section] shall apply to rescissions of conditional approval of projects after the date of the enactment of this Act [Nov. 4, 1992].”

of 1986 AmendmentAmendment by Pub. L. 99–576 effective July 1, 1987, see section 224(e) of Pub. L. 99–576, set out as a note under section 8131 of this title.

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.

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.

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.

Pub. L. 99–576, title II, § 224(f), Oct. 28, 1986, 100 Stat. 3263, provided that: “The Administrator of Veterans’ Affairs shall prescribe

not later than April 1, 1987, to implement the