datamatters24/research-document-archive huggingface dataset:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Hospital Mortgage In-
surance Act of 2003’’.
SEC. 2. STANDARDS FOR DETERMINING NEED AND FEASI-
BILITY FOR HOSPITALS.
(a) IN GENERAL.—Paragraph (4) of section 242(d)
of the National Housing Act (12 U.S.C. 1715z–7) is
amended to read as follows:
‘‘(4)(A) The Secretary shall require satisfactory evi-
dence that the hospital will be located in a State or polit-
ical subdivision of a State with reasonable minimum
standards of licensure and methods of operation for hos-
pitals and satisfactory assurance that such standards will
be applied and enforced with respect to the hospital.
‘‘(B) The Secretary shall establish the means for de-
termining need and feasibility for the hospital. If the State
has an official procedure for determining need for hos-
pitals, the Secretary shall also require that such procedure
be followed before the application for insurance is sub-
mitted, and the application shall document that need has
also been established under that procedure.’’.
(b) EFFECTIVE DATE.—
(1) IN
GENERAL.—The amendment made by
this subsection (a) shall take effect and apply as of
the date of the enactment of this Act.
(2) EFFECT
OF
REGULATORY
AUTHORITY.—
Any authority of the Secretary of Housing and
Urban Development to issue regulations to carry out
the amendment made by subsection (a) may not be
construed to affect the effectiveness or applicability
of such amendment under paragraph (1) of this sub-
section.
Passed the House of Representatives March 12,
2003.
Attest:
Clerk.
I 
108TH CONGRESS 
1ST SESSION 
H. R. 659
To amend section 242 of the National Housing Act regarding the 
requirements for mortgage insurance under such Act for hospitals. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2003
Mr. NEY (for himself, Ms. WATERS, and Mr. BAKER) introduced the following 
bill; which was referred to the Committee on Financial Services 
A BILL 
To amend section 242 of the National Housing Act regarding 
the requirements for mortgage insurance under such Act 
for hospitals.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hospital Mortgage In-
surance Act of 2003’’. 
SEC. 2. STANDARDS FOR DETERMINING NEED AND FEASI-
BILITY FOR HOSPITALS. 
Paragraph (4) of section 242(d) of the National 
Housing Act (12 U.S.C. 1715z–7) is amended to read as 
follows:
‘‘(4)(A) The Secretary shall require satisfactory evi-
dence that the hospital will be located in a State or polit-
ical subdivision of a State with reasonable minimum 
standards of licensure and methods of operation for hos-
pitals and satisfactory assurance that such standards will 
be applied and enforced with respect to the hospital. 
‘‘(B) The Secretary shall establish the means for de-
termining need and feasibility for the hospital. If the State 
has an official procedure for determining need for hos-
pitals, the Secretary shall also require that such procedure 
be followed before the application for insurance is sub-
mitted, and the application shall document that need has 
also been established under that procedure.’’.
Æ
IB
Union Calendar No. 18
108TH CONGRESS
1ST SESSION
H. R. 659
[Report No. 108–27]
To amend section 242 of the National Housing Act regarding the
requirements for mortgage insurance under such Act for hospitals.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 11, 2003
Mr. NEY (for himself, Ms. WATERS, and Mr. BAKER) introduced the following
bill; which was referred to the Committee on Financial Services
MARCH 6, 2003
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To amend section 242 of the National Housing Act regarding
the requirements for mortgage insurance under such Act
for hospitals.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Hospital Mortgage In-
surance Act of 2003’’.
SEC. 2. STANDARDS FOR DETERMINING NEED AND FEASI-
BILITY FOR HOSPITALS.
Paragraph (4) of section 242(d) of the National
Housing Act (12 U.S.C. 1715z–7) is amended to read as
follows:
‘‘(4)(A) The Secretary shall require satisfactory evi-
dence that the hospital will be located in a State or polit-
ical subdivision of a State with reasonable minimum
standards of licensure and methods of operation for hos-
pitals and satisfactory assurance that such standards will
be applied and enforced with respect to the hospital.
‘‘(B) The Secretary shall establish the means for de-
termining need and feasibility for the hospital. If the State
has an official procedure for determining need for hos-
pitals, the Secretary shall also require that such procedure
be followed before the application for insurance is sub-
mitted, and the application shall document that need has
also been established under that procedure.’’.
Union Calendar No. 18
108TH CONGRESS
1ST SESSION
H. R. 659
[Report No. 108–27]
A BILL
To amend section 242 of the National Housing Act
regarding the requirements for mortgage insur-
ance under such Act for hospitals.
MARCH 6, 2003
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
which apply for certification as meeting the requirements 
of this part. 
‘‘(b) STANDARDS.—Under the procedure prescribed 
pursuant to subsection (a), in the case of an association 
health plan that provides at least one benefit option which 
does not consist of health insurance coverage, the applica-
ble authority shall certify such plan as meeting the re-
quirements of this part only if the applicable authority is 
satisfied that the applicable requirements of this part are 
met (or, upon the date on which the plan is to commence 
operations, will be met) with respect to the plan. 
‘‘(c) REQUIREMENTS APPLICABLE
TO CERTIFIED 
PLANS.—An association health plan with respect to which 
certification under this part is in effect shall meet the ap-
plicable requirements of this part, effective on the date 
of certification (or, if later, on the date on which the plan 
is to commence operations). 
‘‘(d) REQUIREMENTS
FOR
CONTINUED
CERTIFI-
CATION.—The applicable authority may provide by regula-
tion, through negotiated rulemaking, for continued certifi-
cation of association health plans under this part. 
‘‘(e) CLASS CERTIFICATION FOR FULLY INSURED 
PLANS.—The applicable authority shall establish a class 
certification procedure for association health plans under 
which all benefits consist of health insurance coverage.
vidual who is an employee of such employer, a part-
ner in such employer, or a self-employed individual 
who is such employer (or any dependent, as defined 
under the terms of the plan, of such individual) is 
or was covered under such plan in connection with 
the status of such individual as such an employee, 
partner, or self-employed individual in relation to the 
plan. 
‘‘(9) APPLICABLE
STATE
AUTHORITY.—The 
term ‘applicable State authority’ means, with respect 
to a health insurance issuer in a State, the State in-
surance commissioner or official or officials des-
ignated by the State to enforce the requirements of 
title XXVII of the Public Health Service Act for the 
State involved with respect to such issuer. 
‘‘(10) QUALIFIED ACTUARY.—The term ‘quali-
fied actuary’ means an individual who is a member 
of the American Academy of Actuaries or meets 
such reasonable standards and qualifications as the 
Secretary may provide by regulation through nego-
tiated rulemaking. 
‘‘(11) AFFILIATED MEMBER.—The term ‘affili-
ated member’ means, in connection with a sponsor—
115TH CONGRESS 
2D SESSION 
H. R. 4376 
AN ACT 
To direct the Secretary of Energy to carry out certain up-
grades to research equipment and the construction of 
a research user facility, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
Security Act of 1974 shall be deemed met with
respect to such arrangement;
(C) the requirements of section 803(b) of
such Act shall be deemed met, if the arrange-
ment is operated by a board of directors
which—
(i) is elected by the participating em-
ployers, with each employer having one
vote; and
(ii) has complete fiscal control over
the arrangement and which is responsible
for all operations of the arrangement;
(D) the requirements of section 804(a) of
such Act shall be deemed met with respect to
such arrangement; and
(E) the arrangement may be certified by
any applicable authority with respect to its op-
erations in any State only if it operates in such
State on the date of certification.
The provisions of this subsection shall cease to apply
with respect to any such arrangement at such time
after the date of the enactment of this Act as the
applicable requirements of this subsection are not
met with respect to such arrangement.
(2) DEFINITIONS.—For purposes of this sub-
section, the terms ‘‘group health plan’’, ‘‘medical
care’’, and ‘‘participating employer’’ shall have the
meanings provided in section 812 of the Employee
Retirement Income Security Act of 1974, except
that the reference in paragraph (7) of such section
to an ‘‘association health plan’’ shall be deemed a
reference to an arrangement referred to in this sub-
section.
Passed the House of Representatives June 19, 2003.
Attest:
Clerk.
115TH CONGRESS 
2D SESSION 
H. R. 4377 
AN ACT 
To direct the Secretary of Energy to carry out certain up-
grades to research equipment and construct research 
user facilities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 660 RFS 
employers represent a broad cross-section of trades 
and businesses or industries, or 
‘‘(3) a plan whose eligible participating employ-
ers represent one or more trades or businesses, or 
one or more industries, consisting of any of the fol-
lowing: agriculture; equipment and automobile deal-
erships; barbering and cosmetology; certified public 
accounting practices; child care; construction; dance, 
theatrical and orchestra productions; disinfecting 
and 
pest 
control; 
financial 
services; 
fishing; 
foodservice establishments; hospitals; labor organiza-
tions; logging; manufacturing (metals); mining; med-
ical and dental practices; medical laboratories; pro-
fessional consulting services; sanitary services; trans-
portation (local and freight); warehousing; whole-
saling/distributing; or any other trade or business or 
industry which has been indicated as having average 
or above-average risk or health claims experience by 
reason of State rate filings, denials of coverage, pro-
posed premium rate levels, or other means dem-
onstrated by such plan in accordance with regula-
tions.
(E) the arrangement may be certified by 
any applicable authority with respect to its op-
erations in any State only if it operates in such 
State on the date of certification. 
The provisions of this subsection shall cease to apply 
with respect to any such arrangement at such time 
after the date of the enactment of this Act as the 
applicable requirements of this subsection are not 
met with respect to such arrangement. 
(2) DEFINITIONS.—For purposes of this sub-
section, the terms ‘‘group health plan’’, ‘‘medical 
care’’, and ‘‘participating employer’’ shall have the 
meanings provided in section 812 of the Employee 
Retirement Income Security Act of 1974, except 
that the reference in paragraph (7) of such section 
to an ‘‘association health plan’’ shall be deemed a 
reference to an arrangement referred to in this sub-
section.
Æ
‘‘(4) Disclosures of patient safety work product
in accordance with this part by a provider to a pa-
tient safety organization.
‘‘(d) EFFECT OF TRANSFER, DISCLOSURE.—The fol-
lowing shall not be treated as a waiver of any privilege
or protection established under this part:
‘‘(1) The transfer of any patient safety work
product between a provider and a patient safety or-
ganization.
‘‘(2) Disclosure of patient safety work product
as described in subsection (c).
‘‘(3) The unauthorized disclosure of patient
safety work product.
‘‘(e) PENALTY.—
‘‘(1) PROHIBITION.—Except as provided in this
part, and subject to paragraphs (2) and (4), it shall
be unlawful for any person to disclose patient safety
work product in violation of this section, if such dis-
closure constitutes a negligent or knowing breach of
confidentiality.
‘‘(2) RELATION TO HIPAA.—The penalty under
paragraph (3) for a disclosure in violation of para-
graph (1) does not apply if the person would be sub-
ject to a penalty under section 264(c) of the Health
Insurance Portability and Accountability Act of
†
HR 663 EAS
‘‘(B) any other person specified in regula-
tions promulgated by the Secretary.
‘‘SEC. 922. PRIVILEGE AND CONFIDENTIALITY PROTEC-
TIONS.
‘‘(a) PRIVILEGE.—Notwithstanding any other provi-
sion of Federal, State, or local law, patient safety data shall
be privileged and, subject to the provisions of subsection
(c)(1), shall not be—
‘‘(1) subject to a Federal, State, or local civil,
criminal, or administrative subpoena;
‘‘(2) subject to discovery in connection with a
Federal, State, or local civil, criminal, or administra-
tive proceeding;
‘‘(3) disclosed pursuant to section 552 of title 5,
United States Code (commonly known as the Freedom
of Information Act) or any other similar Federal,
State, or local law;
‘‘(4) admitted as evidence or otherwise disclosed
in any Federal, State, or local civil, criminal, or ad-
ministrative proceeding; or
‘‘(5) utilized in a disciplinary proceeding
against a provider.
‘‘(b) CONFIDENTIALITY.—Notwithstanding any other
provision of Federal, State, or local law, and subject to the
Union Calendar No. 78
108TH CONGRESS 
1ST SESSION 
H. R. 660
[Report No. 108–156] 
A BILL 
To amend title I of the Employee Retirement In-
come Security Act of 1974 to improve access and 
choice for entrepreneurs with small businesses 
with respect to medical care for their employees. 
JUNE 16, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed
I 
108TH CONGRESS 
1ST SESSION 
H. R. 661
To amend the Internal Revenue Code of 1986 to permit financial institutions 
to determine their interest expense deduction without regard to tax-
exempt bonds issued to provide certain small loans for health care or 
educational purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2003
Mr. NUSSLE (for himself, Mr. BOSWELL, Mrs. JOHNSON of Connecticut, Mr. 
LEACH, Mr. PAUL, Mr. SENSENBRENNER, and Mr. SOUDER) introduced 
the following bill; which was referred to the Committee on Ways and 
Means 
A BILL 
To amend the Internal Revenue Code of 1986 to permit 
financial institutions to determine their interest expense 
deduction without regard to tax-exempt bonds issued to 
provide certain small loans for health care or educational 
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Health and Higher 
Education Facilities Improvement Act of 2003’’.
SEC. 2. BANK DEDUCTIBILITY OF SMALL, TAX-EXEMPT 
DEBTS. 
(a) IN GENERAL.—Section 265(b)(3) of the Internal 
Revenue Code of 1986 (relating to exception for certain 
tax-exempt obligations) is amended by adding at the end 
the following: 
‘‘(G) ELECTION TO APPLY LIMITATION ON 
AMOUNT
OF
OBLIGATIONS
AT
BORROWER 
LEVEL.—
‘‘(i) IN
GENERAL.—An issuer, the 
proceeds of the obligations of which are to 
be used to make or finance eligible loans, 
may elect to apply subparagraphs (C) and 
(D) by treating each borrower as the issuer 
of a separate issue. 
‘‘(ii) ELIGIBLE LOAN.—For purposes 
of this subparagraph—
‘‘(I) IN GENERAL.—The term ‘el-
igible loan’ means one or more loans 
to a qualified borrower the proceeds of 
which are used by the borrower for 
health care or educational purposes 
and the outstanding balance of which 
in the aggregate does not exceed 
$10,000,000.
‘‘(II) QUALIFIED
BORROWER.—
The term ‘qualified borrower’ means a 
borrower which is an organization de-
scribed in section 501(c)(3) and ex-
empt from taxation under section 
501(a). 
‘‘(iii) MANNER
OF
ELECTION.—The 
election described in clause (i) may be 
made by an issuer for any calendar year at 
any time prior to its first issuance during 
such year of obligations the proceeds of 
which will be used to make or finance one 
or more eligible loans. 
‘‘(iv) MODIFICATION
OF
RULE
FOR 
COMPOSITE ISSUES.—In the case of an ob-
ligation which is issued by any issuer 
which has made the election described in 
clause (i), subparagraph (F) shall be ap-
plied without regard to clause (i) of such 
subparagraph.’’
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to taxable years beginning after 
December 31, 2003.
Æ
I 
108TH CONGRESS 
1ST SESSION 
H. R. 662
To amend the Internal Revenue Code of 1986 to improve tax equity for 
military personnel, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2003
Mr. SKELTON introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to improve 
tax equity for military personnel, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Armed and Foreign 
Services Tax Fairness Act of 2003’’.
SEC. 2. SPECIAL RULE FOR MEMBERS OF UNIFORMED 
SERVICES AND FOREIGN SERVICE IN DETER-
MINING EXCLUSION OF GAIN FROM SALE OF 
PRINCIPAL RESIDENCE. 
(a) IN GENERAL.—Subsection (d) of section 121 of 
the Internal Revenue Code of 1986 (relating to exclusion 
of gain from sale of principal residence) is amended by 
adding at the end the following new paragraph: 
‘‘(9) MEMBERS OF UNIFORMED SERVICES AND 
FOREIGN SERVICE.—
‘‘(A) IN GENERAL.—At the election of an 
individual with respect to a property, the run-
ning of the 5-year period described in sub-
section (a) with respect to such property shall 
be suspended during any period that such indi-
vidual or such individual’s spouse is serving on 
qualified official extended duty as a member of 
the uniformed services or of the Foreign Serv-
ice. 
‘‘(B) MAXIMUM PERIOD OF SUSPENSION.—
The 5-year period described in subsection (a) 
shall not be extended more than 5 years by rea-
son of subparagraph (A). 
‘‘(C) QUALIFIED
OFFICIAL
EXTENDED 
DUTY.—For purposes of this paragraph—
†
HR 663 EAS
provisions of subsections (c) and (d), patient safety data
shall be confidential and shall not be disclosed.
‘‘(c) EXCEPTIONS
TO PRIVILEGE
AND CONFIDEN-
TIALITY.—Nothing in this section shall be construed to pro-
hibit one or more of the following uses or disclosures:
‘‘(1) Disclosure by a provider or patient safety
organization of relevant patient safety data for use in
a criminal proceeding only after a court makes an in
camera determination that such patient safety data
contains evidence of a wanton and criminal act to di-
rectly harm the patient.
‘‘(2) Voluntary disclosure of non-identifiable pa-
tient safety data by a provider or a patient safety or-
ganization.
‘‘(d) PROTECTED DISCLOSURE AND USE OF INFORMA-
TION.—Nothing in this section shall be construed to prohibit
one or more of the following uses or disclosures:
‘‘(1) Disclosure of patient safety data by a per-
son that is a provider, a patient safety organization,
or a contractor of a provider or patient safety organi-
zation, to another such person, to carry out patient
safety organization activities.
‘‘(2) Disclosure of patient safety data by a pro-
vider or patient safety organization to grantees or
contractors carrying out patient safety research, eval-
‘‘(i) IN GENERAL.—The term ‘quali-
fied official extended duty’ means any ex-
tended duty while serving at a duty station 
which is at least 50 miles from such prop-
erty or while residing under Government 
orders in Government quarters. 
‘‘(ii) 
UNIFORMED
SERVICES.—The 
term ‘uniformed services’ has the meaning 
given such term by section 101(a)(5) of 
title 10, United States Code, as in effect 
on the date of the enactment of this para-
graph. 
‘‘(iii) FOREIGN
SERVICE
OF
THE 
UNITED
STATES.—The term ‘member of 
the Foreign Service’ has the meaning given 
the term ‘member of the Service’ by para-
graph (1), (2), (3), (4), or (5) of section 
103 of the Foreign Service Act of 1980. 
‘‘(iv) EXTENDED
DUTY.—The term 
‘extended duty’ means any period of duty 
pursuant to a call or order to such duty for 
a period in excess of 90 days or for an in-
definite period. 
‘‘(D) SPECIAL RULES RELATING TO ELEC-
TION.—
‘‘(i) ELECTION LIMITED TO 1 PROP-
ERTY AT A TIME.—An election under sub-
paragraph (A) with respect to any property 
may not be made if such an election is in 
effect with respect to any other property. 
‘‘(ii) REVOCATION OF ELECTION.—An 
election under subparagraph (A) may be 
revoked at any time.’’. 
(b) EFFECTIVE DATE; SPECIAL RULE.— 
(1) EFFECTIVE DATE.—The amendment made 
by this section shall take effect as if included in the 
amendments made by section 312 of the Taxpayer 
Relief Act of 1997. 
(2) WAIVER
OF
LIMITATIONS.—If refund or 
credit of any overpayment of tax resulting from the 
amendment made by this section is prevented at any 
time before the close of the 1-year period beginning 
on the date of the enactment of this Act by the oper-
ation of any law or rule of law (including res judi-
cata), such refund or credit may nevertheless be 
made or allowed if claim therefor is filed before the 
close of such period.
Æ
(1) Subsection (b) of section 38 of such Code 
is amended by striking ‘‘plus’’ at the end of para-
graph (14), by striking the period at the end of 
paragraph (15) and inserting ‘‘, plus’’, and by add-
ing at the end the following new paragraph: 
‘‘(16) the radio broadcasting station donation 
credit determined under section 45G(a).’’. 
(2) 
NO
CARRYBACK
BEFORE
EFFECTIVE 
DATE.—Subsection (d) of section 39 of such Code 
(relating to carryback and carryforward of unused 
credits) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(11) NO CARRYBACK OF SECTION 45G CREDIT 
BEFORE EFFECTIVE DATE.—No portion of the un-
used business credit for any taxable year which is 
attributable to any credit determined under section 
45G may be carried back to a taxable year beginning 
before January 1, 2004.’’. 
(3) The table of sections for subpart D of part 
IV of subchapter A of chapter 1 of such Code is 
amended by adding at the end the following new 
item:
‘‘Sec. 45G. Credit for donation of license and other assets of com-
mercial radio broadcasting stations to certain non-
profit corporations.’’.
or physical contact with a person’s clothed or 
unclothed genitals, pubic area, buttocks or, if such 
person be a female, a breast. 
‘‘(6) The term ‘strong sexual content’ means 
the visual depiction, actual or virtual, of human nu-
dity or explicit human sexual behavior, including 
acts of masturbation, deviate sexual conduct, sexual 
intercourse, or fondling of genitals. 
‘‘(7) The term ‘sexual violence’ means the vis-
ual depiction, actual or virtual, of rape or other sex-
ual assault. 
‘‘(8) The term ‘video game’ means any copy of 
an electronic game that may be played using a port-
able electronic device or with a hand-held gaming de-
vice using a television or computer. 
‘‘§ 2732. Prohibition on sale or rental of adult video 
games to minors 
‘‘Whoever sells at retail or rents, or attempts to sell 
at retail or rent, to a minor any video game that depicts 
nudity, sexual conduct, or other content harmful to mi-
nors, shall be fined under this chapter. 
‘‘§ 2733. Penalties 
‘‘(a) FIRST VIOLATION.—Whoever knowingly violates 
section 2732 shall be fined not more than $1,000.
(c) CONFORMING AMENDMENT.—Section 2402(8) of 
such title is amended by inserting ‘‘or 107(b)’’ after 
‘‘107(a)’’. 
(d) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to deaths occurring 
on or after the date of the enactment of this Act.
Æ