Sec. 263.
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Paragraph
(4)of section 8135(c) of title 38, United States Code, is amended— by striking The Secretary and inserting
(A)The Secretary ; and by adding at the end the following new subparagraph: With respect to a project that is approved in a fiscal year but for which a grant has not been awarded under this subchapter in that fiscal year, the Secretary may not accord a lower priority on the list described in subparagraph
(A)to that project in any subsequent fiscal year (as compared to the priority accorded that project in any previous fiscal year) unless the reason for such lower priority is the inclusion in such list of a project described in subparagraph
(A)or
(B)of paragraph (2). . Paragraph
(2)of such section is amended, in the matter preceding subparagraph (A), by striking paragraphs
(3)and (5)(C) and inserting paragraphs (3), (4)(B), and (5)(C) . Such section is further amended by adding at the end the following new paragraph: In determining under subparagraphs (D), (F), and
(H)of paragraph
(2)whether a State has a great, significant, or limited need for beds in connection with an application under subsection (a), the Secretary shall— consider the availability and accessibility to individuals in that State of private facilities providing similar care to the care for which the application is submitted under such subsection; and accord a lower priority in the list established under paragraph
(4)to applications by States with a significant number of such private facilities, as determined by the Secretary. .