[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5861 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5861

 To amend title XVIII of the Social Security Act to establish a cancer 
                   center construction loan program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2010

  Ms. Kilroy (for herself, Mr. Ryan of Ohio, and Mr. Meek of Florida) 
 introduced the following bill; which was referred to the Committee on 
   Energy and Commerce, and in addition to the Committee on Ways and 
 Means, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title XVIII of the Social Security Act to establish a cancer 
                   center construction loan program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cancer Centers Assistance for 
Renovations and Expansion Act of 2010''.

SEC. 2. CANCER CENTER CONSTRUCTION LOAN PROGRAM.

    The Social Security Act is amended by inserting after section 1897 
the following new section:

               ``cancer center construction loan program

    ``Sec. 1897A.  (a) Establishment.--The Secretary shall establish a 
loan program that provides loans to qualifying cancer centers (as 
defined in subsection (b)) for payment of the capital costs of projects 
for the improvement of research, prevention, or patient care 
infrastructure.
    ``(b) Qualifying Cancer Center and Other Definitions.--In this 
section:
            ``(1) The term `qualifying cancer center' means an entity 
        that--
                    ``(A) is designated as a cancer center or 
                comprehensive cancer center by the National Cancer 
                Institute; or
                    ``(B) is both a National Cancer Institute-
                designated comprehensive cancer center and a cancer 
                hospital described in section 1886(d)(1)(B)(v).
            ``(2) The term `project for the improvement of research, 
        prevention, or patient care infrastructure' means--
                    ``(A) the expansion, remodeling, renovating, or 
                altering of an existing clinical, prevention, or 
                research facility; or
                    ``(B) the construction of a new clinical, 
                prevention, or research facility.
            ``(3) The term `intended use' means the purposes for which 
        the infrastructure improvements were made.
            ``(4) The term `shovel ready' means, with respect to a 
        project, that construction of the project--
                    ``(A) has begun as of the date of the enactment of 
                this section; or
                    ``(B) is ready (subject only to the receipt of 
                permits) to begin, and will begin, not later than 90 
                days after such date.
    ``(c) Application; Qualifications; Terms of Loans.--
            ``(1) In general.--No loan may be provided under this 
        section to a qualifying cancer center except pursuant to an 
        application that is submitted and approved in a time, manner, 
        and form specified by the Secretary.
            ``(2) Qualifications.--A loan may not be provided under 
        this section for a project for a qualifying cancer center 
        unless the applicant provides assurances satisfactory to the 
        Secretary that--
                    ``(A) the project is a project for the improvement 
                of research, prevention, or patient care infrastructure 
                of the center;
                    ``(B) the project is shovel ready;
                    ``(C) the applicant will use the facility improved 
                or resulting from the project for its intended use for 
                a period of at least 20 years after completion of the 
                project and has sufficient funds available to 
                demonstrate effective use of such facility for its 
                intended use;
                    ``(D) sufficient funds will be available to meet 
                the non-Federal share of the cost of the infrastructure 
                improvement; and
                    ``(E) the proposed infrastructure improvement will 
                expand the applicant's capacity for research, 
                prevention or patient care, or is necessary to improve 
                or maintain the quality of the applicant's research, 
                prevention, or patient care.
            ``(3) No further requirements.--The Secretary shall not 
        promulgate any further requirements or restrictions on a 
        qualifying cancer center to obtain assistance under this 
        section other than those specified in this section.
            ``(4) Terms of loans.--
                    ``(A) In general.--Loans under this section shall 
                be made consistent with the requirements of this 
                section.
                    ``(B) Interest rate.--The interest rate for loans 
                provided under this section shall be at lowest of the 
                following (as published or determined, as the case may 
                be, as of the date of the enactment of this section):
                            ``(i) Prime rate.--The bank prime loan rate 
                        posted by a majority of the largest 25 United 
                        States chartered commercial banks, as 
                        determined based on assets in domestic offices 
                        and as published by the Board of Governors of 
                        the Federal Reserve System.
                            ``(ii) Minimum federal interest rate.--The 
                        minimum annual rate of interest determined 
                        under section 3717(a) of title 31, United 
                        States Code.
                            ``(iii) Municipal market data rate.--The 
                        Municipal Market Data (MMD) rate for triple-A 
                        rated bonds with a 1-year maturity, as 
                        published by Thomson Financial Services.
                    ``(C) Limitations on loans.--The maximum, aggregate 
                amount of loans that may be made under this section 
                (and for which reimbursement may be provided under 
                subsection (d)(2)) for a qualifying cancer center is 75 
                percent of the total project costs, but not to exceed--
                            ``(i) $100,000,000 for a qualifying cancer 
                        center described in subsection (b)(1)(B); or
                            ``(ii) $50,000,000 for any other qualifying 
                        cancer center.
    ``(d) Forgiveness; Reimbursement Alternative.--
            ``(1) In general.--The Secretary may forgive repayment of a 
        loan under this section to a qualifying cancer center described 
        in subsection (b)(1)(B) if the center submits to the Secretary 
        a written request for loan forgiveness under this paragraph and 
        demonstrates that under the project for which the loan was made 
        the center--
                    ``(A) has made reasonable depth and breadth of 
                research activities in each of the three major areas of 
                laboratory research, clinical research, and population-
                based research, with substantial transdisciplinary 
                research that bridges these scientific areas;
                    ``(B) has initiated and conducted investigator-
                initiated, early phase, innovative clinical trials; and
                    ``(C) has performed community service, outreach, 
                dissemination, and education and training of biomedical 
                researchers and health care professionals.
            ``(2) Alternative of reimbursement of other loans.--The 
        Secretary shall establish an alternative to making a loan and 
        providing loan forgiveness under paragraph (1) under which a 
        qualifying cancer center may elect to obtain a loan from a 
        source other than under this section, and, in the event that it 
        would otherwise qualify for loan forgiveness under paragraph 
        (1), the Secretary shall provide for reimbursement for the 
        amount of such loan.
    ``(e) Funding.--
            ``(1) In general.--To carry out this section, there are 
        appropriated out of amounts in the Treasury not otherwise 
        appropriated, $900,000,000.
            ``(2) Administrative costs.--For the administration of this 
        section, Secretary may not use more than $1,000,000 from the 
        funds made available under paragraph (1) for fiscal years 2011 
        through 2013.
            ``(3) Availability.--Amounts appropriated under this 
        section shall be available for obligation and obligated during 
        the period beginning on October 1, 2010, and ending on 
        September 30, 2013.
    ``(f) Report to Congress.--Not later than 3 years after the date of 
the enactment of this section, the Secretary shall submit to Congress a 
report on the projects for which loans are provided under this section 
(or reimbursement is provided under subsection (d)(2)) and a 
recommendation as to whether the Congress should authorize the 
Secretary to continue loans under this section beyond fiscal year 
2013.''.
                                 <all>