II 110th CONGRESS 1st Session S. 1441 IN THE SENATE OF THE UNITED STATES May 21, 2007 Mr. Craig introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to modify authorities for the Secretary of Veterans Affairs to accept new applications for grants for State home construction projects, to authorize the Secretary to award grants for construction of facilities used in non-institutional care programs, and for other purposes.

1.

Short title

This Act may be cited as the State Veterans Home Modernization Act of 2007.

2.

Modification of authorities for construction of State homes

(a)

Prohibition on approval of new grants for new construction that would expand the number of beds in State homes in a State

Section 8135 of title 38, United States Code, is amended by adding at the end the following new subsection: (g)(1)The Secretary shall not approve any application for financial assistance under this subchapter that is first submitted after the date that is 730 days after the date of the enactment of this subsection if the Secretary determines that the construction for which the assistance is sought would result in an increase in the total number of beds in such State for which the Secretary makes payments under section 1741(a)(1) of this title. (2)The Secretary shall allow a State to modify an application to meet the requirements of this subsection and the modified application shall be treated as submitted on the date of the original application. . (b)

Disapproval of projects that lack matching funds

(1)

In general

Notwithstanding section 8135(c)(5) of such title, the Secretary of Veterans Affairs shall disapprove any application for financial assistance under subchapter III of chapter 81 of such title that— (A)was submitted under section 8135 of such title on or before the 730th day after the date of the enactment of this Act; (B)after the date that is 730 days after the date of the enactment of this Act— (i)is on the list of approved projects established under subsection (c)(4) of such section; and (ii)has not been accorded priority under subsection (c)(2)(A) of such section; and (C)the Secretary determines that the construction for which the assistance is sought would result in an increase in the total number of beds in such State for which the Secretary makes payments under section 1741(a)(1) of such title. (2)

No notice or opportunity for hearing required

Section 8135(d) of such title shall not apply to a disapproval under paragraph (1).

3.

Expansion of State home grant program to include grants for non-institutional care programs

(a)

Definitions

Section 8131 of title 38, United States Code, is amended— (1)in paragraph (3)— (A)by striking domiciliary or and inserting non-institutional care, domiciliary,; and (B)by striking provision of and inserting provision of non-institutional care or; and (2)by adding at the end the following new paragraph: (5)The term non-institutional care means care consisting of services described in paragraphs (4), (5), and (6) of section 1710B(a) of this title. . (b)

Authorization of grants

Section 8132 of such title is amended to read as follows:

8132.

Declaration of purpose

The purpose of this subchapter is to assist the several States in the following: (1)Constructing— (A)State home facilities (or acquiring facilities to be used as State home facilities) for furnishing domiciliary or nursing home care to veterans; and (B)non-institutional care facilities (or to acquire facilities to be used as non-institutional care facilities) for furnishing non-institutional care to veterans. (2)Expanding, remodeling, or altering existing buildings for— (A)furnishing domiciliary, nursing home, adult day health, or hospital care to veterans in State homes; and (B)furnishing non-institutional care to veterans in non-institutional care programs.

. (c)

Modification of authorization of appropriations

Section 8133(a) of such title is amended— (1)by inserting (1) before There are; (2)by designating the second sentence as paragraph (2) and indenting the margin of such paragraph, as so designated, two ems from the left margin; (3)in paragraph (2), as so designated by paragraph (2) of this subsection, by striking Sums appropriated and inserting Subject to paragraph (3), sums appropriated; and (4)by adding at the end the following new paragraph: (3)In the case of each fiscal year beginning after September 30, 2007, not less than 10 percent of sums appropriated for construction under this subchapter shall be used for making grants to States which have submitted, and have had approved by the Secretary, applications for non-institutional care projects. . (d)

Applications

Section 8135(a) of such title is amended— (1)in the matter before paragraph (1), by inserting or non-institutional care after State home both places it appears; and (2)in paragraph (4), by inserting , in the case of a State home facility, after and. (e)

Conforming amendments

(1)Section 1741(a)(2) of such title is amended by striking extended care services and inserting non-institutional care services. (2)Section 8136 of such title is amended by striking or hospital care and inserting hospital care, or non-institutional care. (3)Section 8137 of such title is amended inserting or non-institutional care program after State home. (4)The heading at the beginning of subchapter III of chapter 81 of such title, is amended to read as follows: III

Facilities for State homes and non-institutional care programs

. (f)

Clerical amendment

The table of sections at the beginning of such chapter is amended by striking the item related to subchapter III and inserting the following new item: Subchapter III—Facilities for State homes and non-institutional care programs .