42 U.S.C. § 1395hhh : US Code - Section 1395HHH: Health care infrastructure improvement program

Search 42 U.S.C. § 1395hhh : US Code - Section 1395HHH: Health care infrastructure improvement program

(a) Establishment
The Secretary shall establish a loan program that provides loans
to qualifying hospitals for payment of the capital costs of
projects described in subsection (d) of this section.
(b) Application
No loan may be provided under this section to a qualifying
hospital except pursuant to an application that is submitted and
approved in a time, manner, and form specified by the Secretary. A
loan under this section shall be on such terms and conditions and
meet such requirements as the Secretary determines appropriate.
(c) Selection criteria
(1) In general
The Secretary shall establish criteria for selecting among
qualifying hospitals that apply for a loan under this section.
Such criteria shall consider the extent to which the project for
which loan is sought is nationally or regionally significant, in
terms of expanding or improving the health care infrastructure of
the United States or the region or in terms of the medical
benefit that the project will have.
(2) Qualifying hospital defined
For purposes of this section, the term "qualifying hospital"
means a hospital or an entity described in paragraph (3) that -
(A) is engaged in research in the causes, prevention, and
treatment of cancer; and
(B) is designated as a cancer center for the National Cancer
Institute or is designated by the State legislature as the
official cancer institute of the State and such designation by
the State legislature occurred prior to December 8, 2003.
(3) Entity described
An entity described in this paragraph is an entity that -
(A) is described in section 501(c)(3) of title 26 and exempt
from tax under section 501(a) of such title;
(B) has at least 1 existing memorandum of understanding or
affiliation agreement with a hospital located in the State in
which the entity is located; and
(C) retains clinical outpatient treatment for cancer on site
as well as lab research and education and outreach for cancer
in the same facility.
(d) Projects
A project described in this subsection is a project of a
qualifying hospital that is designed to improve the health care
infrastructure of the hospital, including construction, renovation,
or other capital improvements.
(e) State and local permits
The provision of a loan under this section with respect to a
project shall not -
(1) relieve any recipient of the loan of any obligation to
obtain any required State or local permit or approval with
respect to the project;
(2) limit the right of any unit of State or local government to
approve or regulate any rate of return on private equity invested
in the project; or
(3) otherwise supersede any State or local law (including any
regulation) applicable to the construction or operation of the
project.
(f) Forgiveness of indebtedness
The Secretary may forgive a loan provided to a qualifying
hospital under this section under terms and conditions that are
analogous to the loan forgiveness provision for student loans under
part D of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087a et seq.), except that the Secretary shall condition such
forgiveness on the establishment by the hospital of -
(A) an outreach program for cancer prevention, early diagnosis,
and treatment that provides services to a substantial majority of
the residents of a State or region, including residents of rural
areas;
(B) an outreach program for cancer prevention, early diagnosis,
and treatment that provides services to multiple Indian tribes;
and
(C)(i) unique research resources (such as population
databases); or
(ii) an affiliation with an entity that has unique research
resources.
(g) Funding
(1) In general
There are appropriated, out of amounts in the Treasury not
otherwise appropriated, to carry out this section, $200,000,000,
to remain available during the period beginning on July 1, 2004,
and ending on September 30, 2008.
(2) Administrative costs
From funds made available under paragraph (1), the Secretary
may use, for the administration of this section, not more than
$2,000,000 for each of fiscal years 2004 through 2008.
(3) Availability
Amounts appropriated under this section shall be available for
obligation on July 1, 2004.
(h) Report to Congress
Not later than 4 years after December 8, 2003, the Secretary
shall submit to Congress a report on the projects for which loans
are provided under this section and a recommendation as to whether
the Congress should authorize the Secretary to continue loans under
this section beyond fiscal year 2008.
(i) Limitation on review
There shall be no administrative or judicial review of any
determination made by the Secretary under this section.