An Act to amend title 38 of the United States Code in order to revise and improve the program of making grants to the States for the construction, remodeling, or renovation of State home facilities for furnishing hospital, domiciliary, and nursing home care for eligible veterans, and for other purposes.
PL 95-62 (H.R.3695), enacted 07/05/1977

91 STAT. 262 
PUBLIC LAW 95-62—JULY 5, 1977 
Public Law 95-62 
95th Congress 
An Act 
July 5, 1977 
[H.R. 3695] 
State Veterans' 
Home Assistance 
Improvement Act 
of 1977. 
38 use 101 note. 
Repeal. 
"Construction". 
"Cost of 
construction' 
Appropriation 
authorization. 
Funds, 
availability. 
To amend title 38 of the United States Code in order to revise and improve the 
program of making grants to the States for the construction, remodeling, or 
renovation of State home facilities for furnishing hospital, domiciliary, and 
nursing home care for eligible veterans, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America 
in Congress assembled, That this Act may 
be cited as the "State Veterans' Home Assistance Improvement Act 
of 1977". 
SEC. 2. Subchapter V of chapter 17 of title 38, United States Code, 
is amended by striking out section 644 in its entirety. 
SEC. 3. Subchapter III of chapter 81 of title 38, United States Code, 
is amended by— 
(1) amending section 5031 (c) to read as follows: 
"(c) The term 'construction' means the construction of new domi-
ciliary or nursing home buildings, the expansion, remodeling, or altera-
tion of existing buildings for the provision of domiciliary, nursing 
home, or hospital care in State homes, and the provision of initial 
equipment for any such buildings."; 
(2) amending section 5031 (d) to read as follows: 
"(d) The term 'cost of construction' means the amount found by the 
Administrator to be necessary for a construction project, including 
architect fees, but excluding land acquisition costs."; 
(3) amending section 5032 to read as follows: 
"The purpose of this subchapter is to assist the several States to 
construct State home facilities for furnishing domiciliary or nursing 
home care to veterans, and to expand, remodel, or alter existing build-
ings for furnishing domiciliary, nursing home, or hospital care to 
veterans in State homes."; 
(4) amending section 5033 to read as follows: 
"(a) There is hereby authorized to be appropriated $15,000,000 for 
the fiscal year ending September 30, 1978, and a like sum for the suc-
ceeding fiscal year. Sums appropriated pursuant to this section shall 
be used for making grants to States which have submitted, and have 
had approved by the Administrator, applications for carrying out the 
purposes and meeting the requirements of this subchapter. 
"(b) Sums appropriated pursuant to subsection (a) of this section 
shall remain available until expended."; 
(5) amending section 5034(2) to read as follows: 
"(2) General standards of construction, repair, and equipment for 
facilities constructed with assistance received under this subchapter."; 
(6) striking out in section 5034(3) "nursing home"; 
(7) striking out in section 5035(a) "for furnishing nursing 
home care"; 
(8) amending section 5035(a)(4) by striking out "nursing 
home care to veterans" and inserting in lieu thereof "to veterans 
the level of care for which such application is made"; by striking 
PUBLIC LAW 95-62—JULY 5, 1977 
91 STAT. 263 
out "10 per centum" and inserting in lieu thereof "25 per centum"; 
and by striking out "nursing home" and inserting in lieu thereof 
"such level of"; 
(9) amending section 5035(b)(3) to read as follows: 
"(3) the application contains such reasonable assurances under 
subsection (a) of this section as the Administrator may determine 
to be necessary, and"; 
(10) inserting in section 5035(c) "notice and" after "appli-
cant" ; 
(11) amending section 5035(d) by inserting " ( 1 ) " before 
"Upon"; by striking out "requested with respect to such project 
in such application," and inserting in lieu thereof "so approved,"; 
and by inserting at the end of subsection (d) the following new 
paragraph: 
"(2) No one State may receive in any fiscal year in the aggregate 
under this subchapter more than one-third of the amount appro-
priated for carrying out this subchapter in such fiscal year."; 
(12) striking out in section 5035(e) "approved application" 
and inserting in lieu thereof 
"application, whether or not 
approved,"; and 
(13) amending section 5036 bv striking out "of facilities for Regulations, 
furnishing nursing home care"; by inserting immediately before 
the comma following the word "subchapter" where it first appears 
"(except 
that 
the Administrator, 
pursuant to 
regulations 
which the Administrator shall prescribe, may at the time of such 
grant provide for a shorter period than twenty, but not less than 
seven, years, based on the magnitude of the project and the grant 
amount involved, in the case of the expansion, remodeling, or 
alteration of existing facilities)"; by striking out "nursing home 
care" w^here it appears the second time and inserting in lieu thereof 
"domiciliary, nursing home, or hospital care"; and by striking 
out "facilities," where it appears the third time and inserting 
in lieu thereof "construction (but in no event an amount greater 
than the amount of assistance provided for such construction 
under this subchapter),". 
SEC. 4. (a) The heading at the beginning of subchapter I I I of chap-
ter 81 of title 38, United States Code, is amended by striking out 
"Nursing Home Care" and inserting in lieu thereof "Domiciliary, 
Nursing Home, and Hospital Care". 
(b) The table of sections at the beginning of chapter 17 of such 
title, is amended by striking out 
"644. Authorization of appropriations.". 
(c) The table of sections at the beginning of the heading of sub-
chapter I I I of chapter 81 of such title, is amended by striking out 
"NURSING HOME CARE" and inserting in lieu thereof 
"DOMICILIARY, 
NURSING HOME, AND HOSPITAL C A R E " . 
SEC. 5. (a) Except as provided in subsection (b) of this section, the 
amendments made by this Act shall be effective October 1, 1977. 
(b) (1) The terms and conditions of any grant made prior to Octo-
ber 1,1977, under section 644 of title 38, United States Code, and regu-
lations prescribed thereunder, shall remain in full force and effect 
unless modified, by the mutual agreement of the parties, in accordance 
with the provisions of subchapter I I I of chapter 81 of such title, and 38 USC 5031 et 
regulations prescribed thereunder, in effect after September 30, 1977. **?• 
Effective date. 
38 USC 5031 
note. 
Savings provision. 
91 STAT. 264 
PUBLIC LAW 95-62—JULY 5, 1977 
Grants, 
(2) With respect to any grant made prior to October 1,1977, under 
modification. 
subchapter III of chapter 81 of such title, the Administrator of Veter-
38 use 5031 et 
^j^gj Affairs shall, upOn application of a grantee, modify the terms 
**^' 
and conditions of such grant to comply with the provisions of such 
subchapter as amended by this Act, and regulations prescribed there-
under, and shall promptly notify each such grantee of the grantee's 
right to request such modification. 
Approved July 5, 1977. 
i 5 
. 1 ; 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-112 (Comm. on Veterans' Affairs). 
SENATE REPORT No. 95-166 (Comm. on Veterans' Affairs). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
Apr. 4, considered and passed House. 
May. 24, considered and passed Senate, amended. 
June 22, House concurred in Senate amendment.