Page:United States Statutes at Large Volume 78.djvu/545

 78 STAT. ]

PUBLIC LAW 88-450-AUG. 19, 1964

"(5) the plans and specifications for such project are in accord with regulations prescribed pursuant to section 5034(2) of this title and that the construction of such project, together with other projects under construction and other facilities, will not result in more than the number of beds prescribed by the Administrator pursuant to section 5034(1) of this title for the State in which such project is located being available for furnishing nursing home care to war veterans in such State. "(c) No application submitted to the Administrator under this section shall be disapproved until the Administrator has afforded the applicant an opportunity for a hearing. " (d) Upon approving an application under this section, the Administrator shall certify to the Secretary of the Treasury the amount of the grant requested with respect to such project in such application, but in no event an amount greater than 50 per centum of the estimated cost of construction of the project, and shall designate the appropriation from which it shall be paid. Such certification shall provide for payment to the applicant or, if designated by the applicant, the State home for which such project is being constructed or any other agency or instrumentality of the applicant. Such amount shall be paid, in advance or by way of reimbursement, and in such installments consistent with the progress of construction as the Administrator may determine and certify for payment to the Secretary of the Treasury. Funds paid under this section for the construction of an approved project shall be used solely for carrying out such project as so approved. "(e) Any amendment of any approved application shall be subject to approval in the same manner as an original application. "§ 5036. Recapture provisions "If, within twenty years after completion of any project for construction of facilities for furnishing nursing home care with respect to which a grant has been made under this subchapter, such facilities cease to be operated by a State, a State home, or an agency or instrumentality of a State principally for furnishing nursing home care to war veterans, the United States shall be entitled to recover from the State which was the recipient of the grant under this subchapter, or from the then owner of such facilities, 50 per centum of the then value of such facilities, as determined by agreement of the parties or by action brought in the district court of the United States for the district in which such facilities are situated. "Except as otherwise specifically provided, nothing in this subchapter shall be construed as conferring on any Federal officer or employee the right to exercise any supervision or control over the administration, personnel, maintenance, or operation of any State home for which facilities are constructed with assistance received under this subchapter." (b) The analysis of chapter 81 of title 38, United States Code, is amended by adding at the end thereof the following: "SUBCHAPTER III — S T A T E H O M E F A C I L I T I E S FOR F U R N I S H I N G NURSING H O M E CARE
 * § 5037. State control of operations

"5031. "5032. "5033. "5034. "5035. "5036. "5037.

Definitions. Declaration of purpose. Authorization of appropriations. General regulations. Applications with respect to projects; Payments. Recapture provisions. State control of operations." 31-667 0-65—35

503

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