PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2447
SEC. 1016. HEALTH CARE INFRASTRUCTURE IMPROVEMENT PROGRAM.
Title XVIII is amended by adding at the end the following new section: ‘‘HEALTH
CARE INFRASTRUCTURE IMPROVEMENT PROGRAM
‘‘SEC. 1897. (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). ‘‘(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 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 as the official cancer institute of the State. ‘‘(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;
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