Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring the Doctors of Our Country
through Scholarships Act of 2012'' or the ``RDOCS Act of 2012''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Due to an aging population, the retirement of a
        generation of physicians, and 30,000,000 newly insured under
        the Patient Protection and Affordable Care Act (Public Law 110-
        148), the United States is expected to experience an acute
        physician workforce shortage in the coming decades,
        particularly in primary care. If unaddressed, this shortage
        will compromise the health of the population as well as the
        ability of the United States to remain competitive in the
        world.
            (2) By 2020, the shortage of primary care doctors is
        expected to reach 45,000.
            (3) The shortage will disproportionately impact rural
        communities and underserved urban communities.
            (4) The Reserve Officers' Training Corps (ROTC) model of
        education and training is a respected and effective way of
        meeting the Nation's need for educated and trained officers in
        the United States Armed Forces, and can be applied to solving
        the Nation's primary care shortage.
            (5) There are 10 applicants for each National Health
        Service Corps scholarship awarded, indicating the unmet demand
        for medical scholarships.

SEC. 3. GRANTS TO STATES FOR RESTORING THE DOCTORS OF OUR COUNTRY
              THROUGH SCHOLARSHIPS (RDOCS) PROGRAMS.

    Subpart III of part D of title III of the Public Health Service Act
(42 U.S.C. 254l et seq.) is amended by adding at the end the following:

``SEC. 338N. GRANTS TO STATES FOR SCHOLARSHIP PROGRAMS.

    ``(a) Grants to States.--
            ``(1) In general.--The Secretary, acting through the
        Administrator of the Health Resources and Services
        Administration, shall make grants to States for the purpose of
        assisting the States in operating a program described in
        paragraph (2) (referred to in this section as an `RDOCS
        program') in order to provide for the increased availability of
        primary health care services in health professional shortage
        areas.
            ``(2) Applications.--To seek a grant under this section, a
        State shall submit an application in such form, in such manner,
        and containing such agreements, assurances, and information as
        the Secretary determines to be necessary to carry out this
        section.
    ``(b) Scholarship Program Described.--An RDOCS program is a program
of entering into contracts between the State involved and an RDOCS
scholar under which--
            ``(1) the State involved agrees--
                    ``(A) to pay all tuition and costs for the RDOCS
                scholar's undergraduate medical education, to the
                participating undergraduate medical program, for a
                period of study not exceeding 48 consecutive months;
                and
                    ``(B) to pay, during such period, a cost-of-living
                stipend, in an amount to be determined by the
                Secretary, to the RDOCS scholar; and
            ``(2) the RDOCS scholar agrees--
                    ``(A) to be admitted into and maintain enrollment
                in a participating undergraduate medical program in the
                RDOCS scholar's State of residence (or if such State of
                residence operates no such program, in a participating
                undergraduate medical program in a State within an
                associated region);
                    ``(B) when enrolled in such program, to maintain a
                minimum level (to be determined by the Secretary) of
                academic standing;
                    ``(C) to complete an accredited residency training
                program in a primary care specialty;
                    ``(D) to become licensed to practice medicine in
                the applicant's State of residence;
                    ``(E) to receive and maintain board certification
                in a primary care speciality; and
                    ``(F) to complete a 5-year post-graduate period of
                service in a health professional shortage area.
    ``(c) Priority in Awarding Scholarships.--In selecting RDOCS
scholars and awarding scholarship contracts described in subsection
(b), the State involved shall give preference to applicants who are
enrolled in--
            ``(1) an accelerated track family-medicine program; or
            ``(2) a program that includes clinical training in rural or
        underserved urban communities.
    ``(d) Direct Administration by State Agency.--The RDOCS program of
any State receiving a grant under this section shall be administered
directly by a State agency.
    ``(e) Requirement of Matching Funds.--
            ``(1) In general.--Any State receiving a grant under this
        section shall, with respect to the costs of making payments on
        behalf of individuals under scholarship contracts described in
        subsection (b), make available (directly or through donations
        from public or private entities) non-Federal contributions in
        cash toward such costs in an amount equal to not less than $1
        for each $9 of Federal funds provided through the grant.
            ``(2) Determination of amount of non-federal
        contribution.--In determining the amount of non-Federal
        contributions in cash that a State has provided pursuant to
        paragraph (1)--
                    ``(A) any amounts provided to the State by the
                Federal Government shall not be included; and
                    ``(B) any amounts expended by the State as
                administrative funds to operate its RDOCS program may,
                at the State's discretion, be included.
    ``(f) Coordination With Federal Program.--
            ``(1) Assignments for health professional shortage areas
        under federal program.--Any State receiving a grant under this
        section shall, in carrying out its RDOCS program, assign RDOCS
        officers participating in the program only to public and
        nonprofit private entities located in and providing health
        services in health professional shortage areas.
            ``(2) Remedies for breach of contracts.--The Secretary may
        not make a grant under subsection (a) unless the State involved
        agrees that the scholarship contracts provided by the State
        pursuant to subsection (b) will provide remedies for any breach
        of the contracts by the RDOCS scholars and RDOCS officers
        involved.
            ``(3) Limitation regarding contract inducements.--Any State
        receiving a grant under this section shall ensure that
        contracts between the State and RDOCS scholars under this
        section do not include any terms more favorable to the RDOCS
        scholars than the most favorable terms which the Secretary is
        authorized to provide in contracts under the National Health
        Service Corps Scholarship Program under section 338A, including
        terms regarding the availability of remedies for any breach of
        the contracts by the health professionals involved.
    ``(g) Restrictions on Use of Funds.--Any State receiving a grant
under this section shall not expend the grant funds for any purpose
other than making payments on behalf of or to RDOCS scholars under
contracts entered into pursuant to this section.
    ``(h) Reports by States.--Any State receiving a grant under this
section shall submit to the Secretary--
            ``(1) a report on the State's RDOCS program not later than
        January 10 of each fiscal year immediately following any fiscal
        year for which the State has received such a grant; and
            ``(2) such other reports regarding the State's RDOCS
        program, as are determined to be appropriate by the Secretary.
    ``(i) Reports by Secretary.--The Secretary shall report annually to
the relevant committees on the physician workforce in the United
States, and shall include in each such report--
            ``(1) data on the physician shortage, if any, disaggregated
        by State and region; and
            ``(2) a gap analysis of the primary care practitioners
        needed in each State and region, and 5- and 10-year estimates
        of the funding needed to close the gap through the RDOCS
        program.
    ``(j) Noncompliance.--
            ``(1) In general.--The Secretary may not make payments
        under this section to a State for any fiscal year subsequent to
        the first fiscal year of such payments unless the Secretary
        determines that, for the immediately preceding fiscal year, the
        State has complied with each of the agreements made by the
        State under this section.
            ``(2) Reduction in grant relative to number of breached
        contracts.--
                    ``(A) Determination of number of breached
                contracts.--Before making a grant under this section to
                a State for a fiscal year, the Secretary shall
                determine the number of contracts provided pursuant to
                the State's RDOCS program with respect to which there
                has been an initial breach by the RDOCS scholars or
                officers involved during the fiscal year preceding the
                fiscal year for which the State is applying to receive
                the grant.
                    ``(B) Reduction of grants.--Subject to paragraph
                (3), in the case of a State with 1 or more initial
                breaches for purposes of subparagraph (A), the
                Secretary shall reduce the amount of a grant under this
                section to the State for the fiscal year involved by an
                amount equal to the sum of--
                            ``(i) the expenditures of Federal funds
                        made regarding the contracts involved; and
                            ``(ii) an amount representing interest on
                        the amount of such expenditures, determined
                        with respect to each contract on the basis of
                        the maximum legal rate prevailing for loans
                        made during the time amounts were paid under
                        the contract, as determined by the Treasurer of
                        the United States.
            ``(3) Waiver regarding reduction in grant.--The Secretary
        may waive the requirement of paragraph (2)(B) with respect to
        the initial breach of a contract if the Secretary determines
        that such breach by the RDOCS scholar or officer involved was
        attributable solely to the professional having a serious
        illness.
    ``(k) Definitions.--For the purposes of this section:
            ``(1) Accelerated track family-medicine program.--The term
        `accelerated track family-medicine program' refers to an
        appropriately accredited, integrated course of study in which a
        candidate can complete undergraduate medical education and
        graduate medical education in 6 years.
            ``(2) Associated region.--The term `associated region'
        refers to--
                    ``(A) the area encompassing the boundaries of
                Washington, Wyoming, Alaska, Montana, and Idaho;
                    ``(B) the area encompassing the boundaries of
                Maine, New Hampshire, Massachusetts, Rhode Island,
                Connecticut, and Vermont;
                    ``(C) the area encompassing the boundaries of
                Delaware and Pennsylvania; or
                    ``(D) the area encompassing the boundaries of
                Maryland, the District of Columbia, and Virginia.
            ``(3) Board certification.--The term `board certification'
        means a certification to practice medicine in a specialty, by
        an appropriate medical specialty board.
            ``(4) Health professional shortage area.--The term `health
        professional shortage area' means a health professional
        shortage area designated under section 332.
            ``(5) Participating undergraduate medical program.--The
        term `participating undergraduate medical program' means an
        allopathic or osteopathic undergraduate medical program
        operated by a State.
            ``(6) Primary care specialty.--The term `primary care
        specialty' means pediatrics, family medicine, or general
        internal medicine.
            ``(7) RDOCS officer.--The term `RDOCS officer' means an
        RDOCS program participant who has completed undergraduate
        medical training, but has not yet fulfilled the remaining
        requirements of his or her scholarship contract under
        subsection (b).
            ``(8) RDOCS scholar.--The term `RDOCS scholar' means an
        individual participating in an RDOCS program pursuant to a
        scholarship contract under subsection (b), who has not yet
        completed undergraduate medical education.
            ``(9) Relevant committees.--The term `relevant committees'
        means the Committee on Health, Education, Labor, and Pensions
        of the Senate and the Committee on Energy and Commerce of the
        House of Representatives.
            ``(10) State.--The term `State' means each of the 50 States
        and the District of Columbia.
    ``(l) Authorization of Appropriations.--
            ``(1) In general.--For carrying out this section, there is
        authorized to be appropriated $200,000,000 for each of fiscal
        year 2013 through 2016.
            ``(2) Availability.--Amounts appropriated under paragraph
        (1) shall remain available until expended.''.

Output:
Restoring the Doctors of Our Country through Scholarships Act of 2012 or the RDOCS Act of 2012 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to make grants under which states provide RDOCS scholarships, paying all costs of a student's undergraduate medical education, to provide for the increased availability of primary health care services in health professional shortage areas.

Requires the scholarship recipient to agree to residency training in a primary care specialty and a five-year post-graduate period of service in a health professional shortage area.

Requires that preference be given in award of scholarships to applicants enrolled in: (1) an accelerated track family-medicine program (an integrated course of study allowing completion of undergraduate medical education and graduate medical education in six years), or (2) a program that includes clinical training in rural or underserved urban communities. Sets a minimum rate at which federal funding must be matched.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Library Trust Fund
Act''.

SEC. 2. UNITED STATES LIBRARY TRUST FUND.

    (a) Designation of Overpayments and Contributions for United States
Library Trust Fund.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:

  ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR UNITED
                       STATES LIBRARY TRUST FUND

                              ``Sec. 6097. Designation.

``SEC. 6097. DESIGNATION.

    ``(a) In General.--In the case of an individual, with respect to
each return of the taxpayer for the taxable year of the tax imposed by
chapter 1, such taxpayer may designate that--
            ``(1) $1 of any overpayment of tax for such taxable year,
        and
            ``(2) any cash contribution which the taxpayer includes
        with such return,
shall be paid over to the United States Library Trust Fund in
accordance with the provisions of section 9512. In the case of a joint
return with respect to which an overpayment of $2 or more is due, each
spouse may designate that $1 shall be paid to such trust fund.
    ``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year--
            ``(1) at the time of filing the return of the tax imposed
        by chapter 1 for such taxable year, or
            ``(2) at any other time (after the time of filing the
        return of the tax imposed by chapter 1 for such taxable year)
        specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that such designation shall be made
either on the first page of the return or on the page bearing the
taxpayer's signature.
    ``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as being refunded to the taxpayer as of the last
date prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions).''
    (b) Creation of Trust Fund.--Subchapter A of chapter 98 of such
Code is amended by adding at the end the following new section:

``SEC. 9512. UNITED STATES LIBRARY TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `United States
Library Trust Fund', consisting of such amounts as may be credited or
paid to such trust fund as provided in section 6097.
    ``(b) Transfers to Trust Fund.--There are hereby appropriated to
the United States Library Trust Fund amounts equivalent to--
            ``(1) the amounts of the overpayments of tax to which
        designations under section 6097 apply, and
            ``(2) the amounts of contributions made under such section
        to such trust fund.
    ``(c) Expenditures From Trust Fund.--Amounts in the United States
Library Trust Fund shall be available, as provided in appropriation
Acts, only for purposes of making expenditures to carry out section 3
of the United States Library Trust Fund Act.''
    (c) Clerical Amendments.--
            (1) The table of parts for subchapter A of chapter 61 of
        such Code is amended by adding at the end the following new
        item:

                              ``Part IX. Designation of overpayments
                                        and contributions for United
                                        States Library Trust Fund.''
            (2) The table of sections for subchapter A of chapter 98 of
        such Code is amended by adding at the end the following new
        item:

                              ``Sec. 9512. United States Library Trust
                                        Fund.''
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.

SEC. 3. GRANTS TO LIBRARIES.

    (a) Eligibility of Public Libraries and Public School Libraries.--A
public library or public school library is eligible to receive a grant
under this section from the United States Library Trust Fund
established pursuant to section 9512 of the Internal Revenue Code of
1986 for any fiscal year by submitting an application to the Office of
Library Services that includes--
            (1) certification that the library does not have the
        financial resources available to purchase new books or
        collections;
            (2) assurances that funds received under this section will
        be used only to purchase materials for the library;
            (3) assurances that funds received under this section will
        be used to supplement, not supplant, other funds received by
        such library; and
            (4) an agreement to make available any financial records
        that the Office of Library Services may need for audit
        purposes.
    (b) Grant Selection.--The Office of Library Services shall select
the number of grant awards made under this section and the amount of
each such award based upon economic need in accordance with regulations
published by the Office.

Output: United States Library Trust Fund Act - Amends the Internal Revenue Code to allow an individual taxpayer to designate that one dollar of any tax overpayment and any cash contribution shall be paid to the United States Library Trust Fund.  Establishes the Fund.  Provides for grants to applying public libraries and public school libraries, to be used to purchase materials for the libraries, with the grantees selected by the Office of Library Services.


Input:
SECTION 1. SHORT TITLE; FINDINGS AND PURPOSES; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``America's
Affordable Health Care Act of 2008''.
    (b) Findings and Purposes.--
            (1) Findings.--Congress finds the following:
                    (A) The regulation of the practice of insurance is
                a State prerogative.
                    (B) It is in the interests of health care consumers
                that Congress allows for policies that increase the
                affordability of health insurance products.
                    (C) The Federal government provides States and the
                medical community with public financing to support the
                medical needs of the uninsured.
                    (D) There is a correlation between the amount of
                insurance benefits and the cost of insurance products.
                    (E) State mandate laws have created barriers to
                affordable health coverage.
                    (F) A number of States allow for the creation of
                insurance products that recognize the increased costs
                associated with mandate laws.
                    (G) Consumers throughout the United States are
                finding it increasingly hard to secure affordable
                health care coverage which contributes to the national
                uninsured rate.
            (2) Federal insurance product.--Congress further finds that
        it is in the interests of taxpayers, health care purchasers,
        and the health care provider community, to allow for a class of
        federally certified insurance products that can be purchased in
        the individual market without being subject to State benefit
        mandate laws.
            (3) Purposes.--The purposes of this Act are--
                    (A) to promote increased affordability and access
                to health care coverage for citizens of the United
                States;
                    (B) to allow consumers the ability to make choices
                by weighing insurance benefits with the cost of
                insurance;
                    (C) to provide incentives to health plans and
                health insurance issuers to offer increasingly
                affordable insurance policies to all those in the
                individual market;
                    (D) to provide low-income and uninsured workers
                with incentives to purchase insurance policies;
                    (E) to provide incentives to companies and States
                to offer health care solutions for high-risk
                beneficiaries;
                    (F) to provide for new coverage opportunities to
                solve the problems of affordability and uninsurance;
                and
                    (G) to promote the availability of health insurance
                coverage through high-risk pools for individuals whose
                health conditions create barriers to such coverage.
    (c) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; findings and purposes; table of contents.
                     TITLE I--HEALTH BENEFIT PLANS

Sec. 101. Certification of Health Benefit Plans.
Sec. 102. Conditions for certification.
Sec. 103. Review of implementation.
Sec. 104. Definitions.
     TITLE II--EXPANSION OF STATE HIGH RISK HEALTH INSURANCE POOLS

Sec. 201. Increasing and expanding funding for State high risk health
                            insurance pools.
Sec. 202. Qualified high risk pools best practices guidelines and grant
                            program.

                     TITLE I--HEALTH BENEFIT PLANS

SEC. 101. CERTIFICATION OF HEALTH BENEFIT PLANS.

    (a) In General.--A health insurance issuer may apply to the
Secretary for up to 3 health insurance coverage policies offered in the
individual market in any State to be certified as Health Benefit Plans
under this title with respect to eligible individuals and the policies
so certified may be offered and sold to such individuals without regard
to any State or local law respecting mandates for benefits.
    (b) Construction.--Except as specifically provided under subsection
(a) with respect to health insurance benefits, nothing in this title
shall be construed as--
            (1) modifying the application of State or local
        requirements relating to matters not described in subsection
        (a), such as underwriting, enrollment, and premiums;
            (2) superseding any provision of State or local law or
        regulation relating to the business of insurance, including the
        regulation of insurers and insurance products, underwriting,
        enrollment, and premiums;
            (3) preventing a State or local jurisdiction from applying
        fraud and abuse provisions otherwise applicable with respect to
        the sale and marketing of health insurance coverage to the sale
        and marketing of Health Benefit Plans under this title; or
            (4) exempting a Health Benefits Plan, and the health
        insurance issuer offering such a plan, from applicable
        requirements of State law and compliance with applicable
        provisions of title XXVII of the Public Health Service Act.

SEC. 102. CONDITIONS FOR CERTIFICATION.

    (a) In General.--The Secretary shall not certify under this title a
Health Benefit Plan offered by a health insurance issuer unless--
            (1) the Plan includes benefits for items and services
        within each of the categories of basic services described in
        subsection (b); and
            (2) the issuer--
                    (A) is licensed under State law to offer health
                insurance coverage in the State involved; and
                    (B) submits to the Secretary such information and
                assurances as the Secretary may require to assure
                compliance of the issuer, and Health Benefit Plans
                offered by the issuer, with the applicable requirements
                of this title.
    (b) Categories of Basic Services.--
            (1) In general.--The categories of basic services described
        in this subsection are as follows:
                    (A) Inpatient hospital services.
                    (B) Physicians' surgical and medical services.
            (2) Treatment of other categories.--Nothing in this section
        shall be construed as preventing a Health Benefit Plan from
        providing coverage of benefits that are not within a category
        of basic services described in paragraph (1).
    (c) Reciprocal Arrangements.--Health insurance issuers offering
Health Benefit Plans may create reciprocal arrangements with other
issuers of such plans in order to improve the portability of such plans
among eligible individuals.

SEC. 103. REVIEW OF IMPLEMENTATION.

    (a) Review.--The Secretary shall review the implementation of this
title and the impact of such implementation on the availability and
purchase of health insurance coverage.
    (b) Report.--Not later than 3 years after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on this
title and its impact on making health insurance coverage more
affordable.

SEC. 104. DEFINITIONS.

    In this title:
            (1) The term ``eligible individual'' means an individual
        who is a citizen or national of the United States or an alien
        lawfully residing permanently in the United States.
            (2) The terms ``health insurance coverage'', ``health
        insurance issuer'', and ``individual market'' have the meanings
        given such terms in section 2791 of the Public Health Service
        Act (42 U.S.C. 300gg-91).
            (3) The term ``Secretary'' means the Secretary of Health
        and Human Services.

     TITLE II--EXPANSION OF STATE HIGH RISK HEALTH INSURANCE POOLS

SEC. 201. INCREASING AND EXPANDING FUNDING FOR STATE HIGH RISK HEALTH
              INSURANCE POOLS.

    (a) In General.--Section 2745(d) of the Public Health Service Act
(42 U.S.C. 300gg-45(d)) is amended--
            (1) in paragraph (2)--
                    (A) in the heading, by striking ``through 2010''
                and inserting ``and 2008''; and
                    (B) in the matter preceding subparagraph (A), by
                striking ``through 2010'' and inserting ``and 2008'';
            (2) by redesignating paragraphs (3), (4), and (5) as
        paragraphs (4), (5), and (6), respectively; and
            (3) by inserting after paragraph (2) the following new
        paragraph:
            ``(3) Authorization of appropriations for fiscal years 2009
        through 2013.--There are authorized to be appropriated for each
        of fiscal years 2009 through 2013--
                    ``(A) $10,000,000 to carry out subsection (a); and
                    ``(B) $100,000,000, of which, subject to paragraph
                (5)--
                            ``(i) two-thirds of the amount appropriated
                        shall be made available for allotments under
                        subsection (b)(2); and
                            ``(ii) one-third of the amount appropriated
                        shall be made available for allotments under
                        subsection (c)(3).''.
    (b) Conforming Amendments.--Section 2745 of the Public Health
Service Act (42 U.S.C. 300gg-45) is amended--
            (1) in subsection (a), by striking ``subsection (d)(1)(A)''
        and inserting ``paragraphs (1)(A) and (3)(A) of subsection
        (d)'';
            (2) in each of paragraphs (1) and (2) of subsection (b), by
        striking ``(1)(B)(i) and (2)(A)'' and inserting ``(1)(B)(i),
        (2)(A), and (3)(B)(i)'';
            (3) in each of paragraphs (1) and (3) of subsection (c), by
        striking ``(1)(B)(ii) and (2)(B)'' and inserting ``(1)(B)(ii),
        (2)(B), and (3)(B)(ii)''; and
            (4) in subsection (d)--
                    (A) in each of paragraphs (1)(B) and (2), by
                striking ``paragraph (4)'' and inserting ``paragraph
                (5)''; and
                    (B) in paragraph (5), as redesignated by subsection
                (a)(2), by striking ``paragraph (1)(B) or (2)'' and
                inserting ``paragraph (1)(B), (2), or (3)(B)''.

SEC. 202. QUALIFIED HIGH RISK POOLS BEST PRACTICES GUIDELINES AND GRANT
              PROGRAM.

    Section 2745 of the Public Health Service Act (42 U.S.C. 300gg-45)
is amended--
            (1) in subsection (b)(1), by striking ``In the case'' and
        inserting ``Subject to subsection (f)(1), in the case'';
            (2) by redesignating subsection (f) and (g) as subsections
        (g) and (h), respectively; and
            (3) by inserting after subsection (e) the following new
        subsection:
    ``(f) Qualified High Risk Pools Best Practices Guidelines and Grant
Program.--
            ``(1) Best practices report requirement.--To be eligible to
        receive a grant under subsection (b) for a fiscal year
        beginning more than 60 days after the date of the enactment of
        the America's Affordable Health Care Act of 2008, a State that
        has established a qualified high risk pool shall submit to the
        Secretary, not later than 120 days after the beginning of such
        fiscal year, evidence-based information on the operation of
        such pool, as specified by the Secretary for purposes of
        creating the best practices guidelines described in paragraph
        (2).
            ``(2) Best practice guidelines.--Not later than 120 days
        after the date of the enactment of the America's Affordable
        Health Care Act of 2008, the Secretary shall, after providing
        for notice and comment, recommend and post on the public
        Internet site of the Department of Health and Human Services a
        list of best practices with respect to the operation of
        qualified high risk pools. The Secretary shall provide for
        notice to the States and insurers who manage such qualified
        high risk pools of the proposed development of such practices
        and shall develop such best practices with input obtained from
        such States and insurers. Such best practices should be
        categorized and applied according to the number of individuals
        enrolled in the qualified high risk pool involved.
            ``(3) Bonus grants for state qualified high risk pools that
        follow best practices.--
                    ``(A) In general.--In the case of a State that is
                one of the 50 States or the District of Columbia, that
                has established a qualified high risk pool, and that is
                receiving a grant under subsection (b)(1), for each
                fiscal year for which the State demonstrates according
                to a process specified by the Secretary that such
                qualified high risk pool was operated in accordance
                with the best practices posted under paragraph (2), the
                Secretary shall provide a bonus grant from the funds
                appropriated under subparagraph (C) and allotted to the
                State under subparagraph (B).
                    ``(B) Allotment; limitation.--The Secretary shall
                allot funds appropriated under subparagraph (C) among
                States qualifying for a bonus grant under subparagraph
                (A) in a manner specified by the Secretary, but in no
                case shall the amount so allotted to a State for a
                fiscal year exceed 10 percent of the funds so
                appropriated for the fiscal year.
                    ``(C) Authorization of appropriations for
                bonuses.--There are authorized to be appropriated for
                each of fiscal years 2010 through 2013 $26,000,000 for
                allotments under subparagraph (B).''.

Output:
America's Affordable Health Care Act of 2008 - Authorizes a health insurance issuer to apply to the Secretary of Health and Human Services to certify health insurance coverage policies offered in the individual market in any state as Health Benefit Plans. Allows certified plans to be offered to individuals in all states without regard to state and local laws respecting mandates for benefits. Requires such plans to cover inpatient hospital services and physicians' surgical and medical services.

Requires the Secretary to review the impact of this Act on the availability and purchase of health insurance coverage.

Amends the Public Health Service Act to increase the authorization of appropriations for FY2009-FY2013 for grants to states for the creation and operation of qualified high risk health insurance pools.

Conditions eligibility for receiving an operating grant on a state submitting to the Secretary evidence-based information on the operation of such pool for purposes of creating best practice guidelines. Requires the Secretary to: (1) recommend and publicly post a list of best practices on the operation of qualified high risk pools; and (2) give a bonus grant to states that demonstrate that their pool was operated in accordance with such best practices.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ROTC and Military Recruiter Equal
Access to Campus Act of 2004''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Reserve Officers Training Corps (ROTC) program is
        the most common path for undergraduates to become United States
        military officers.
            (2) The inclusion of both public and private undergraduate
        institutions in the ROTC program insures a more racially,
        ethnically, and socially diverse pool for leadership in the
        higher ranks of the Armed Forces.
            (3) The majority of both minority officers and female
        officers in the Armed Forces are acquired through undergraduate
        ROTC programs.
            (4) The presence of ROTC programs on college campuses
        benefits even those students who are not enrolled by making
        them aware of the presence and role of the United States
        military.
            (5) Land-grant colleges received land from the United
        States on the condition that they offer some military
        instruction in addition to their regular curriculum, forming
        the basis for the Nation's tradition of college and university
        acceptance of responsibility to contribute to the Nation's
        readiness.
            (6) The Armed Forces face a constant challenge in
        recruiting top-quality personnel that ROTC programs are ideally
        suited to meet.
            (7) Military recruiters should have access to college
        campuses and to college students equal in quality and scope to
        that provided all other employers.
            (8) If any college or university discriminates against ROTC
        programs or military recruiters, then under current law that
        college or university becomes ineligible for certain Federal
        taxpayer support, especially funding for many military and
        defense programs.
            (9) The personnel and programs of the Department of
        Homeland Security and the Department of Energy are mutually
        dependent upon a high caliber of well-educated, professional
        leadership in the Armed Forces in order to protect the people
        and territory of the United States.
            (10) In order to more fully promote the ability of the
        Nation's Armed Forces to recruit on college campuses and to
        facilitate the ability of students to participate in ROTC
        programs on campus, the laws to prevent discrimination against
        ROTC and military recruiters should be updated.

SEC. 3. CERTIFICATION OF COMPLIANCE WITH ROTC ACCESS PROVISIONS.

    Subsection (a) of section 983 of title 10, United States Code, is
amended--
            (1) by inserting ``(1)'' before ``No funds'';
            (2) by striking ``prevents--'' and inserting ``prevents,
        either (or both) of the following:'';
            (3) by striking ``(1) the'' and inserting ``(A) The'';
            (4) by striking ``; or'' and inserting a period;
            (5) by striking ``(2) a'' and inserting ``(B) A''; and
            (6) by adding at the end the following:
    ``(2)(A) Not later than 180 days after the date of the enactment of
the ROTC and Military Recruiter Equal Access to Campus Act of 2004 and
annually thereafter, the Secretary of Defense shall request from each
institution of higher education that has students participating in a
Senior Reserve Officer Training Corps program during the then-current
academic year of that institution a certification that such
institution, during the next academic year of the institution, will--
            ``(i) permit the Secretary of each military department to
        maintain a unit of the Senior Officer Training Corps (in
        accordance with subsection (a)) at that institution (or any
        subelement of that institution), should such Secretary elect to
        maintain such a unit; and
            ``(ii) if the Secretary of the military department
        concerned elects not to establish or maintain a unit of the
        Senior Reserve Officer Training Corps at that institution,
        permit a student of that institution (or any subelement of that
        institution) to enroll in a unit of the Senior Reserve Officer
        Training Corps at another institution of higher education.
    ``(B) Any certification under subparagraph (A) shall be made by the
president of the institution (or equivalent highest ranking
administrative official) and shall be submitted to the Secretary of
Defense no later than 90 days after receipt of the request from the
Secretary.
    ``(C) In the case of any institution from which a certification is
requested under subparagraph (A), if the Secretary of Defense does not
receive a certification in accordance with subparagraph (B), or if the
certification does not state that the university will comply with both
clauses (i) and (ii) of subparagraph (A) during its next academic year,
the Secretary shall make a determination under paragraph (1) as to
whether the institution has a policy or practice described in that
paragraph.''.

SEC. 4. EQUAL TREATMENT OF MILITARY RECRUITERS WITH OTHER RECRUITERS.

    Subsection (b)(1) of section 983 of title 10, United States Code,
is amended--
            (1) by striking ``entry to campuses'' and inserting
        ``access to campuses''; and
            (2) by inserting before the semicolon at the end the
        following: ``in a manner that is at least equal in quality and
        scope to the degree of access to campuses and to students that
        is provided to any other employer''.

SEC. 5. PROHIBITION OF FUNDING FOR POST-SECONDARY SCHOOLS THAT PREVENT
              ROTC ACCESS OR MILITARY RECRUITING.

    (a) Covered Funds.--Subsection (d) of section 983 of title 10,
United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``limitation established in
                subsection (a) applies'' and inserting ``limitations
                established in subsections (a) and (b) apply'';
                    (B) in subparagraph (B), by inserting ``for any
                department or agency for which regular appropriations
                are made'' after ``made available''; and
                    (C) by adding at the end the following new
                subparagraphs:
            ``(C) Any funds made available for the Department of
        Homeland Security.
            ``(D) Any funds made available for the National Nuclear
        Security Administration of the Department of Energy.
            ``(E) Any funds made available for the Department of
        Transportation.
            ``(F) Any funds made available for the Central Intelligence
        Agency.''; and
            (2) by striking paragraph (2).
    (b) Conforming Amendments.--(1) Subsection (b) of such section is
amended by striking ``subsection (d)(2)'' and inserting ``subsection
(d)(1)''.
    (2) Subsection (e) of such section is amended by inserting ``, to
the head of each other department and agency the funds of which are
subject to the determination,'' after ``Secretary of Education''.

SEC. 6. EXCLUSION OF AMOUNTS TO COVER INDIVIDUAL PAYMENTS.

    (a) Codification and Extension of Exclusion.--Subsection (d) of
section 983 of title 10, United States Code, as amended by section
5(a), is further amended--
            (1) by striking ``The'' after ``(1)'' and inserting
        ``Except as provided in paragraph (2), the''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Any Federal funding specified in paragraph (1) that is
provided to an institution of higher education, or to an individual, to
be available solely for student financial assistance, related
administrative costs, or costs associated with attendance, may be used
for the purpose for which the funding is provided.''.
    (b) Conforming Amendments.--Subsections (a) and (b) of such section
are amended by striking ``(including a grant of funds to be available
for student aid)''.
    (c) Conforming Repeal of Codified Provision.--Section 8120 of the
Department of Defense Appropriations Act, 2000 (Public Law 106-79; 10
U.S.C. 983 note), is repealed.

SEC. 7. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to funds
appropriated for fiscal year 2005 and thereafter.

            Passed the House of Representatives March 30, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output:
ROTC and Military Recruiter Equal Access to Campus Act of 2004 - Amends Federal armed forces provisions to direct the Secretary to annually request, from each institution of higher education that has students participating at that institution in a Senior ROTC program during that academic year, a certification that the institution will, during the next academic year: (1) permit the Secretary of each military department to maintain a unit of the Senior ROTC at that institution, should the department Secretary elect to maintain such a unit; and (2) if the department Secretary elects not to maintain such a unit, permit a student of that institution to enroll in a Senior ROTC unit at another institution.

Denies the provision of funds made available for certain Federal departments and agencies to institutions of higher education unless military recruiters are provided access to campuses at such institutions that is at least equal in quality and scope to the access to campuses and students that is provided to any other employer. Adds the Department of Homeland Security, the National Nuclear Security Administration, and the Central Intelligence Agency to the list of Federal departments and agencies whose funds will be denied to postsecondary schools that prevent ROTC access or military recruiting. Codifies under Federal armed forces law a provision of the Department of Defense Appropriations Act, 2000 which excludes from such funding prohibition any amounts provided solely for student financial assistance, related administrative costs, or costs associated with attendance.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Full Faith and Credit in Our
Communities Act of 2007''.

SEC. 2. GUARANTEES FOR BONDS AND NOTES ISSUED FOR COMMUNITY OR ECONOMIC
              DEVELOPMENT PURPOSES.

    The Community Development Banking and Financial Institutions Act of
1994 (12 U.S.C. 4701 et seq.) is amended by inserting after section 114
the following:

``SEC. 114A. GUARANTEES FOR BONDS AND NOTES ISSUED FOR COMMUNITY OR
              ECONOMIC DEVELOPMENT PURPOSES.

    ``(a) Definitions.--In this section, the following definitions
shall apply:
            ``(1) Director.--The term `Director' means the Director of
        the Community Development Financial Institutions Fund.
            ``(2) Eligible community development financial
        institution.--The term `eligible community development
        financial institution' means a community development financial
        institution that is organized as a private, not-for-profit
        association, or otherwise on a nonprofit basis, that has
        applied to an issuer for, or been granted by an issuer, a loan
        or note under the Program.
            ``(3) Eligible community or economic development purpose.--
        The term `eligible community or economic development purpose'--
                    ``(A) means any purpose described in section
                108(b); and
                    ``(B) includes the provision of community or
                economic development in low-income or underserved rural
                areas.
            ``(4) Guarantee.--The term `guarantee' means a written
        agreement between the Secretary and a guaranteed note or
        bondholder, pursuant to which, the Secretary ensures repayment
        of the verifiable losses on any bond issue of the principal,
        interest, and call premium, if any, on the guaranteed notes or
        bonds of the issuer.
            ``(5) Issuer.--
                    ``(A) In general.--The term `issuer' means a
                community development financial institution that has
                been approved by the Secretary to receive a guarantee
                under the Program, and that otherwise meets the
                qualification requirements of this section and the
                rules of the Secretary.
                    ``(B) Approval criteria for issuers.--
                            ``(i) In general.--The Secretary shall
                        approve a community development financial
                        institution for a guarantee under the Program
                        in accordance with such terms and procedures as
                        the Secretary establishes, by rule, for such
                        purpose.
                            ``(ii) Terms and qualifications.--For
                        approval as an issuer under the Program, a
                        community development financial institution
                        shall--
                                    ``(I) have appropriate expertise,
                                capacity, and experience, or otherwise
                                be qualified to make loans for eligible
                                community or economic development
                                purposes;
                                    ``(II) provide to the Secretary an
                                acceptable capital distribution plan
                                that meets the requirements of this
                                section; and
                                    ``(III) certify to the Secretary
                                that the bonds or notes to be
                                guaranteed are to be used for eligible
                                community or economic development
                                purposes.
                    ``(C) Department opinion; timing.--
                            ``(i) Department opinion.--Not later than
                        30 days after the date of a request by an
                        issuer for approval of a guarantee under the
                        Program, the General Counsel of the Fund shall
                        provide to the Secretary an opinion regarding
                        compliance by the issuer with the requirements
                        of the Program under this section.
                            ``(ii) Timing.--The Secretary shall approve
                        or deny a guarantee under this section after
                        consideration of the opinion provided to the
                        Secretary under clause (i), and in no case
                        later than 45 days after receipt of all
                        required information is submitted to the
                        Secretary with respect to a request for such
                        guarantee.
            ``(6) Loan.--The term `loan' means any credit instrument
        that is extended under the Program for any eligible community
        or economic development purpose.
            ``(7) Master servicer.--
                    ``(A) In general.--The term `master servicer' means
                any entity approved by the Secretary in accordance with
                subparagraph (B) to oversee the activities of
                servicers, as provided in subsection (g)(4).
                    ``(B) Approval criteria for master servicers.--The
                Secretary shall approve or deny any application to
                become a master servicer under the Program not later
                than 30 days after the date on which all required
                information is submitted to the Secretary, based on the
                capacity and experience of the applicant in--
                            ``(i) loan administration, servicing, and
                        loan monitoring;
                            ``(ii) managing regional or national loan
                        intake, processing, or servicing operational
                        systems and infrastructure;
                            ``(iii) managing regional or national
                        originator communication systems and
                        infrastructure;
                            ``(iv) developing and implementing training
                        and other risk management strategies on a
                        regional or national basis; and
                            ``(v) compliance monitoring, investor
                        relations, and reporting.
            ``(8) Program.--The term `Program' means the guarantee
        program for tax-exempt bonds and notes issued for eligible
        community or economic development purposes created by this
        section.
            ``(9) Program administrator.--The term `program
        administrator' means an entity designated by the issuer to
        perform various administrative duties, as provided in
        subsection (g)(2).
            ``(10) Secretary.--The term `Secretary' means the Secretary
        of the Treasury.
            ``(11) Servicer.--The term `servicer' means an entity
        designated by the issuer to perform various servicing duties,
        as provided in subsection (g)(3).
    ``(b) Guarantees Authorized.--The Secretary shall guarantee
payments on tax-exempt bonds or notes issued by any issuer approved for
such purpose under subsection (a)(5)(B), if the proceeds of the bonds
or notes are used in accordance with this section to make loans to
eligible community development financial institutions--
            ``(1) for eligible community or economic development
        purposes; or
            ``(2) to refinance loans or notes issued for such purposes.
    ``(c) Issuer Requirements and Authority.--
            ``(1) In general.--The capital distribution plan required
        by subsection (a)(5)(B) shall reflect investment of not less
        than 90 percent of the principal amount of guaranteed bonds or
        notes in otherwise unencumbered loans for any eligible
        community or economic development purpose, measured annually,
        beginning at the end of year 1 of the Program.
            ``(2) Relending account.--Not more than 10 percent of the
        principal amount of guaranteed bonds or notes, multiplied by an
        amount equal to the outstanding principal balance of issued
        notes or bonds, minus the risk-share pool amount under
        subsection (e), may be held in a relending account and may be
        made available for new eligible community or economic
        development purposes.
            ``(3) Limitations on unpaid principal balances.--The unpaid
        principal balance of the issued bonds or notes that are
        guaranteed under the Program may not be used to pay fees, and
        shall be held in--
                    ``(A) community or economic development loans;
                    ``(B) a relending account, to the extent authorized
                under paragraph (2); or
                    ``(C) a risk-share pool established under
                subsection (e).
            ``(4) Repayment.--If an issuer fails to meet the
        requirements of paragraph (1), not later than 30 days after the
        date on which such failure occurs, repayment shall be made on
        the issued bonds or notes to bring the issuer into compliance.
            ``(5) Prohibited uses.--The Secretary shall, by
        regulation--
                    ``(A) prohibit, as appropriate, certain uses of
                amounts from the guarantee of a bond or note under the
                Program, including the use of such funds for political
                activities, lobbying, outreach, counseling services, or
                travel expenses; and
                    ``(B) provide that the guarantee of a bond or note
                under the Program may not be used for salaries or other
                administrative costs of--
                            ``(i) the issuer; or
                            ``(ii) any recipient of amounts from the
                        guarantee of a bond or note.
    ``(d) Certain Interest Rate Reductions Authorized.--An eligible
community development financial institution or an issuer may use a bond
or note issued under the Program, or the proceeds from a guarantee of
such a bond or note, as applicable, to reduce the interest rate on a
loan, if the loan is made by an issuer to an eligible community
development financial institution for any community or economic
development purpose.
    ``(e) Risk-Share Pool.--Each issuer shall, during the term of a
guarantee provided under the Program, establish a risk-share pool,
capitalized by an amount equal to not less than 3 percent of the
guaranteed amount outstanding on the subject notes and bonds.
    ``(f) Guarantees.--
            ``(1) In general.--A guarantee issued under the Program
        shall--
                    ``(A) be for the full amount of a bond or note,
                including the amount of principal, interest, and call
                premiums;
                    ``(B) be fully assignable and transferable to the
                Federal Financing Bank or the capital market, on terms
                and conditions that are consistent with comparable
                Government-guaranteed bonds, and satisfactory to the
                Secretary;
                    ``(C) represent the full faith and credit of the
                United States; and
                    ``(D) have a final maturity date for the bonds not
                to exceed 40 years.
            ``(2) Limitations.--
                    ``(A) Annual number of guarantees.--The Secretary
                shall issue not more than 5 guarantees in any calendar
                year under the Program.
                    ``(B) Guarantee amount.--The Secretary may not
                guarantee any amount under the Program equal to less
                than $100,000,000, but the total of all such guarantees
                in any fiscal year may not exceed $1,000,000,000.
    ``(g) Servicing of Transactions.--
            ``(1) In general.--To maximize efficiencies and minimize
        cost and interest rates, loans made under this section may be
        serviced by qualified program administrators, bond servicers,
        and a master servicer.
            ``(2) Duties of program administrator.--The duties of a
        program administrator shall include--
                    ``(A) approving and qualifying eligible community
                development financial institution applications for
                participation in the Program;
                    ``(B) compliance monitoring;
                    ``(C) bond packaging in connection with the
                Program; and
                    ``(D) all other duties and related services that
                are customarily expected of a program administrator.
            ``(3) Duties of servicer.--The duties of a servicer shall
        include--
                    ``(A) billing and collecting loan payments;
                    ``(B) initiating collection activities on past-due
                loans;
                    ``(C) transferring loan payments to the master
                servicing accounts;
                    ``(D) loan administration and servicing;
                    ``(E) systematic and timely reporting of loan
                performance through remittance and servicing reports;
                    ``(F) proper measurement of annual outstanding loan
                requirements; and
                    ``(G) all other duties and related services that
                are customarily expected of servicers.
            ``(4) Duties of master servicer.--The duties of a master
        servicer shall include--
                    ``(A) tracking the movement of funds between the
                accounts of the master servicer and any other servicer;
                    ``(B) ensuring orderly receipt of the monthly
                remittance and servicing reports of the servicer;
                    ``(C) monitoring the collection comments and
                foreclosure actions;
                    ``(D) aggregating the reporting and distribution of
                funds to trustees and investors;
                    ``(E) removing and replacing a servicer, as
                necessary;
                    ``(F) loan administration and servicing;
                    ``(G) systematic and timely reporting of loan
                performance compiled from all bond servicers' reports;
                    ``(H) proper distribution of funds to investors;
                and
                    ``(I) all other duties and related services that
                are customarily expected of a master servicer.
    ``(h) Fees.--
            ``(1) In general.--An issuer that receives a guarantee
        issued under this section on a bond or note shall pay a fee to
        the Director, in an amount equal to 30 basis points of the
        amount of the unpaid principal of the bond or note guaranteed.
            ``(2) Payment.--An issuer shall pay the fee required under
        this subsection on a semiannual basis.
            ``(3) Fund subaccount created.--Fees collected under this
        subsection shall be--
                    ``(A) deposited into a separate subaccount in the
                Fund;
                    ``(B) awarded to eligible community development
                financial institutions through a competitive grant
                process, in accordance with sections 103(5) and 105 and
                regulations issued thereunder, or to an eligible
                community partnership, in accordance with sections
                103(7) and 106 and regulations issued thereunder;
                    ``(C) limited to eligible community or economic
                development purposes; and
                    ``(D) committed for use by the Fund within 2 years
                of the date of receipt from the issuer.
    ``(i) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated,
        such sums as are necessary to carry out this section.
            ``(2) Use of fees.--To the extent that the amount of funds
        appropriated for a fiscal year under paragraph (1) are not
        sufficient to carry out this section, the Director may use up
        to 20 percent of the fees collected under subsection (h) for
        the cost of providing guarantees of bonds and notes under this
        section before depositing the remainder of the fees into the
        Fund subaccount established under subsection (h).
    ``(j) Administration.--
            ``(1) Regulations.--Not later than 180 days after the date
        of enactment of this section, the Secretary shall promulgate
        regulations to carry out this section.
            ``(2) Implementation.--Not later than 240 days after the
        date of enactment of this section, the Secretary shall
        implement this section.
    ``(k) Termination.--This section is repealed, and the authority
provided under this section shall terminate, on September 30, 2012.''.

Output:
Full Faith and Credit in Our Communities Act of 2007 - Amends the Community Banking and Financial Institutions Act of 1994 to require the Secretary of the Treasury to guarantee payments on tax-exempt bonds or notes issued by any approved issuer if their proceeds are used to make loans to eligible community development financial institutions: (1) for eligible community or economic development purposes; or (2) to refinance loans or notes issued for such purposes.

Lists among such community or economic development purposes, especially in low-income or underserved rural areas, developing or supporting: (1) commercial facilities that promote revitalization, community stability, or job creation or retention; (2) businesses that provide jobs for low-income people or are owned by low-income people, or enhance the availability of products and services to them; (3) community facilities; (4) the provision of basic financial services; and (5) housing that is principally affordable to low-income people.

Specifies that assistance used to facilitate homeownership shall only be used for services and lending products that: (1) serve low-income people; and (2) are not provided by other lenders in the area, or complement the services and lending products provided by other lenders that serve the investment area or targeted population.

Authorizes an eligible community development financial institution or an issuer to use a bond or note to reduce the interest rate on a loan made by an issuer to an eligible community development financial institution for any community or economic development purpose.

Requires each issuer, during the term of a guarantee, to establish a risk-share pool meeting certain criteria.

Requires any issuer receiving a guarantee on a bond or note to pay a specified fee to the Director of the Community Development Financial Institutions Fund.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Decabromine Elimination and Control
Act of 2009''.

SEC. 2. BAN ON DECABDE, DECABDE MIXTURES, AND DECABDE PRODUCTS.

    Beginning January 1, 2013, it shall be unlawful for any entity to
produce for distribution in commerce, distribute in commerce, import,
or export--
            (1) decaBDE;
            (2) decaBDE mixtures; or
            (3) decaBDE products.

SEC. 3. PHASING IN OF BAN.

    (a) Report of DecaBDE Activity During 2009.--Not later than 90 days
after the date of enactment of this Act, each entity who, during 2009,
engaged in any activity that will be prohibited under paragraph (1) or
(2) of section 2 shall report to the Administrator of the Environmental
Protection Agency (hereinafter in this Act referred to as the
``Administrator''), in such form and detail as the Administrator
requires in order to carry out this Act, the following:
            (1) Each such activity engaged in with regard to decaBDE,
        including the amount of decaBDE used in that activity.
            (2) Each such activity engaged in with regard to decaBDE
        mixtures, including the amount of such mixtures used in that
        activity.
    (b) Establishment of Quotas for Each Entity.--Not later than 15
days after receiving a report from an entity under subsection (a), the
Administrator shall establish an annual quota for that entity for each
activity that entity reports, in accordance with the following:
            (1) For activities with regard to decaBDE, each such annual
        quota shall be equal to the amount of decaBDE reported to have
        been used in that activity.
            (2) For activities with regard to decaBDE mixtures, each
        such annual quota shall be equal to the amount of such mixtures
        reported to have been used in that activity.
    (c) Only Entities With Quotas Able To Engage in Activities.--Not
later than 90 days after the date of enactment of this Act, it shall be
unlawful for any entity to engage in an activity that will be
prohibited under paragraph (1) or (2) of section 2 if the Administrator
has not established an annual quota for that entity for that activity.
    (d) Annual Quotas.--During each year shown on the left column of
the table below, it shall be unlawful for any entity to engage in an
activity with regard to an amount of decaBDE or decaBDE mixture that
exceeds the percentage, shown on the right column of the table below,
of the annual quota established for that entity for that activity:

  2010.................................  100 percent
  2011.................................   66 percent
  2012.................................  33 percent.

SEC. 4. REPORTING DURING PHASE OUT.

    Beginning on the date that is 1 year after the date on which an
entity reports an activity under section 3(a), that entity shall submit
to the Administrator an annual report on that activity, in such manner
as the Administrator determines appropriate.

SEC. 5. DISCLOSURE OF INFORMATION REGARDING DECABDE PRODUCTS.

    (a) In General.--Beginning on the date of enactment of this Act,
any entity that produces for distribution in commerce, distributes in
commerce, imports, or exports decaBDE, decaBDE mixtures, or decaBDE
products shall disclose to any entity that receives such decaBDE,
decaBDE mixtures, or decaBDE products that such decaBDE, decaBDE
mixtures, or decaBDE products contain decaBDE.
    (b) DecaBDE Products.--Not later than 1 year after the date of
enactment of this Act, any entity that produces for distribution in
commerce, distributes in commerce, imports, or exports decaBDE products
shall disclose to the Administrator any articles that contain decaBDE.

SEC. 6. ENFORCEMENT RELATING TO VIOLATIONS.

    (a) Same Enforcement Mechanism as Used for Violations of Section 15
of the Toxic Substances Control Act.--The same enforcement procedures
as would apply to a violation of section 15 of the Toxic Substances
Control Act shall apply to each violation of this Act.
    (b) Rules.--
            (1) The Administrator shall make rules to enforce the
        annual quotas and ban of this Act on the production for
        distribution in commerce, distribution in commerce, or
        importation of decaBDE, decaBDE mixtures, or decaBDE products.
            (2) The President shall exercise the authorities set forth
        in section 203 of the International Emergency Economic Powers
        Act, consistent with the requirements of this Act, to enforce
        the annual quotas and ban of this Act on the exportation of
        decaBDE, decaBDE mixtures, or decaBDE products.
    (c) Citizens' Civil Actions.--Any entity may commence a civil
action against any other entity that is alleged to be in violation of
this Act to restrain such violation. To the extent practicable, such an
action shall be handled in the same way as a civil action under section
7002 of the Solid Waste Disposal Act.

SEC. 7. EXCEPTIONS.

    (a) Critical Uses.--A use of decaBDE, decaBDE mixtures, or decaBDE
products by the Armed Forces or the aviation industry shall be exempt
from the annual quotas or ban imposed by this Act if the Administrator
determines that there is not a feasible alternative to such use. Such
exemption shall be for a term of 5 years, and the Administrator may
renew such exemption only if the Administrator determines that there is
not a feasible alternative to such use at the time of such renewal.
    (b) Recycled Articles.--A recycled article that contains decaBDE
shall be exempt from the annual quotas and ban imposed by this Act,
unless the Administrator determines by rule that the article poses a
threat to public health.
    (c) Resold Articles.--This Act does not apply with regard to a
decaBDE product subsequent to its first sale at retail.
    (d) Low Concentration Articles.--The Administrator may by rule make
exemptions from this Act for articles that contain decaBDE in
concentrations that the Administrator determines to be unavoidable due
to contamination of the environment by decaBDE.

SEC. 8. SAFER ALTERNATIVES.

    (a) Policy.--DecaBDE shall be replaced by safer alternatives. For
the purposes of this section, a ``safer alternative'' means a
substitute process, product, material, chemical, strategy, or
combination of these that serves a functionally equivalent purpose to
decaBDE that, when compared to decaBDE, would reduce the potential for
harm to human health or the environment.
    (b) Replacements.--With regard to a use of decaBDE, decaBDE
mixtures, or decaBDE products, no chemical substance (as defined in
section 3(2) of the Toxic Substances Control Act), mixture (as defined
in section 3(8) of the Toxic Substances Control Act) containing that
chemical substance, or article containing that chemical substance may
be used in lieu thereof if the Administrator determines that such
chemical substance is a persistent, bioaccumulative, and toxic
chemical.
    (c) Studies and Notification.--The Administrator shall require any
entity who produces for distribution in commerce a chemical substance
that is a substitute for decaBDE to provide the Administrator with all
existing information about the hazard and exposure characteristics of
the chemical substance that--
            (1) is known to, in the possession or control of, or
        reasonably ascertainable by the entity; and
            (2) has not previously been submitted to the Administrator.
        The Administrator shall require any such entity to notify the
        Administrator not less than 90 days before new or existing
        chemicals are introduced into interstate commerce for
        significant new uses as substitutes for decaBDE.

SEC. 9. REPORT TO CONGRESS.

    The Administrator shall monitor, and, not later than December 31,
2014, submit a report to Congress on, the production, use, and
consumption of decaBDE. Such report shall include data on production,
use, and consumption of decaBDE in the United States and on the
environmental and economic effects of decaBDE.

SEC. 10. RELATION TO OTHER LAWS.

    Nothing in this Act affects the right of a State or local
government to adopt or enforce any regulation, requirement, or
liability that is more stringent than a regulation, requirement, or
liability established by this Act.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) The term ``decaBDE'' means decabromodiphenyl ether, CAS
        No. 1163-19-5, either pure or in commercial mixtures which are
        predominantly decabromodiphenyl ether.
            (2) The term ``decaBDE mixture'' means any mixture (as
        defined in section 3(8) of the Toxic Substances Control Act)
        containing decaBDE.
            (3) The term ``decaBDE product'' means any article
        containing decaBDE.
            (4) The terms ``distribute in commerce'' and ``distribution
        in commerce'' have the meanings given such terms in section
        3(4) of the Toxic Substances Control Act.
            (5) The term ``export'' means to engage in any of the
        actions that the President has authority over under section 203
        of the International Emergency Economic Powers Act.
            (6) The term ``first sale at retail'' means, with regard to
        an article, the first occasion on which that article is sold to
        an end user.

Output:
Decabromine Elimination and Control Act of 2009 - Makes it unlawful, beginning January 1, 2013, to produce for distribution in commerce, distribute in commerce, import, or export decabromodiphenyl ether, CAS No. 1163-19-5, either pure or in commercial mixtures which are predominantly decabromodiphenyl ether (decaBDE) or decaBDE mixtures or products. Phases in such ban through a series of annual quotas through 2012.

Requires each entity that engaged in such decaBDE activities during 2009 to report on them, including the amount of decaBDE and decaBDE mixtures used, and to then report annually.

Requires an entity that engages in decaBDE activities to: (1) disclose to any entity that receives decaBDE, decaBDE mixtures, or decaBDE products that these contain decaBDE; and (2) disclose to the Administrator of the Environmental Protection Agency (EPA) any articles that contain decaBDE.

Applies to violations of this Act the enforcement procedures applicable to violations of the Toxic Substances Control Act (TSCA). Allows citizens' civil actions to restrain violations.

Provides exceptions from the restrictions imposed by this Act relating to critical uses, recycled articles, resale, and low-concentration articles.

States as policy that decaBDE shall be replaced by safer alternatives and prohibits use of any alternative determined to contain a chemical substance that is a persistent, bioaccumulative, and toxic chemical. Directs the Administrator to: (1) require any entity that produces a chemical substance that is a substitute for decaBDE to provide all existing information about the hazard and exposure characteristics of the chemical substance that is known to, in the possession or control of, or reasonably ascertainable by the entity and that has not previously been submitted; and (2) require any such entity to notify the Administrator at least 90 days before new or existing chemicals are introduced into interstate commerce for significant new uses as decaBDE substitutes.


Input:
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Appalachian Regional Development Act
Amendments of 2008''.
SEC. 2. LIMITATION ON AVAILABLE AMOUNTS; MAXIMUM COMMISSION
CONTRIBUTION.
    (a) Grants and Other Assistance.--Section 14321(a) of title 40,
United States Code, is amended--
        (1) in paragraph (1)(A) by striking clause (i) and inserting
    the following:
                ``(i) the amount of the grant shall not exceed--

                    ``(I) 50 percent of administrative expenses;
                    ``(II) at the discretion of the Commission, if the
                grant is to a local development district that has a
                charter or authority that includes the economic
                development of a county or a part of a county for which
                a distressed county designation is in effect under
                section 14526, 75 percent of administrative expenses;
                or
                    ``(III) at the discretion of the Commission, if the
                grant is to a local development district that has a
                charter or authority that includes the economic
                development of a county or a part of a county for which
                an at-risk county designation is in effect under
                section 14526, 70 percent of administrative
                expenses;''; and

        (2) in paragraph (2) by striking subparagraph (A) and inserting
    the following:
            ``(A) In general.--Except as provided in subparagraph (B),
        of the cost of any activity eligible for financial assistance
        under this section, not more than--
                ``(i) 50 percent may be provided from amounts
            appropriated to carry out this subtitle;
                ``(ii) in the case of a project to be carried out in a
            county for which a distressed county designation is in
            effect under section 14526, 80 percent may be provided from
            amounts appropriated to carry out this subtitle; or
                ``(iii) in the case of a project to be carried out in a
            county for which an at-risk county designation is in effect
            under section 14526, 70 percent may be provided from
            amounts appropriated to carry out this subtitle.''.
    (b) Demonstration Health Projects.--Section 14502 of title 40,
United States Code, is amended--
        (1) in subsection (d) by striking paragraph (2) and inserting
    the following:
        ``(2) Limitation on available amounts.--Grants under this
    section for the operation (including initial operating amounts and
    operating deficits, which include the cost of attracting, training,
    and retaining qualified personnel) of a demonstration health
    project, whether or not constructed with amounts authorized to be
    appropriated by this section, may be made for up to--
            ``(A) 50 percent of the cost of that operation;
            ``(B) in the case of a project to be carried out in a
        county for which a distressed county designation is in effect
        under section 14526, 80 percent of the cost of that operation;
        or
            ``(C) in the case of a project to be carried out for a
        county for which an at-risk county designation is in effect
        under section 14526, 70 percent of the cost of that
        operation.''; and
        (2) in subsection (f)--
            (A) in paragraph (1) by striking ``paragraph (2)'' and
        inserting ``paragraphs (2) and (3)''; and
            (B) by adding at the end the following:
        ``(3) At-risk counties.--The maximum Commission contribution
    for a project to be carried out in a county for which an at-risk
    county designation is in effect under section 14526 may be
    increased to the lesser of--
            ``(A) 70 percent; or
            ``(B) the maximum Federal contribution percentage
        authorized by this section.''.
    (c) Assistance for Proposed Low- and Middle-Income Housing
Projects.--Section 14503 of title 40, United States Code, is amended--
        (1) in subsection (d) by striking paragraph (1) and inserting
    the following:
        ``(1) Limitation on available amounts.--A loan under subsection
    (b) for the cost of planning and obtaining financing (including the
    cost of preliminary surveys and analyses of market needs,
    preliminary site engineering and architectural fees, site options,
    application and mortgage commitment fees, legal fees, and
    construction loan fees and discounts) of a project described in
    that subsection may be made for up to--
            ``(A) 50 percent of that cost;
            ``(B) in the case of a project to be carried out in a
        county for which a distressed county designation is in effect
        under section 14526, 80 percent of that cost; or
            ``(C) in the case of a project to be carried out for a
        county for which an at-risk county designation is in effect
        under section 14526, 70 percent of that cost.''; and
        (2) in subsection (e) by striking paragraph (1) and inserting
    the following:
        ``(1) In general.--A grant under this section for expenses
    incidental to planning and obtaining financing for a project under
    this section that the Secretary considers to be unrecoverable from
    the proceeds of a permanent loan made to finance the project
    shall--
            ``(A) not be made to an organization established for
        profit; and
            ``(B) except as provided in paragraph (2), not exceed--
                ``(i) 50 percent of those expenses;
                ``(ii) in the case of a project to be carried out in a
            county for which a distressed county designation is in
            effect under section 14526, 80 percent of those expenses;
            or
                ``(iii) in the case of a project to be carried out in a
            county for which an at-risk county designation is in effect
            under section 14526, 70 percent of those expenses.''.
    (d) Telecommunications and Technology Initiative.--Section 14504 of
title 40, United States Code, is amended by striking subsection (b) and
inserting the following:
    ``(b) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section, not more than--
        ``(1) 50 percent may be provided from amounts appropriated to
    carry out this section;
        ``(2) in the case of a project to be carried out in a county
    for which a distressed county designation is in effect under
    section 14526, 80 percent may be provided from amounts appropriated
    to carry out this section; or
        ``(3) in the case of a project to be carried out in a county
    for which an at-risk county designation is in effect under section
    14526, 70 percent may be provided from amounts appropriated to
    carry out this section.''.
    (e) Entrepreneurship Initiative.--Section 14505 of title 40, United
States Code, is amended by striking subsection (c) and inserting the
following:
    ``(c) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section, not more than--
        ``(1) 50 percent may be provided from amounts appropriated to
    carry out this section;
        ``(2) in the case of a project to be carried out in a county
    for which a distressed county designation is in effect under
    section 14526, 80 percent may be provided from amounts appropriated
    to carry out this section; or
        ``(3) in the case of a project to be carried out in a county
    for which an at-risk county designation is in effect under section
    14526, 70 percent may be provided from amounts appropriated to
    carry out this section.''.
    (f) Regional Skills Partnerships.--Section 14506 of title 40,
United States Code, is amended by striking subsection (d) and inserting
the following:
    ``(d) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section, not more than--
        ``(1) 50 percent may be provided from amounts appropriated to
    carry out this section;
        ``(2) in the case of a project to be carried out in a county
    for which a distressed county designation is in effect under
    section 14526, 80 percent may be provided from amounts appropriated
    to carry out this section; or
        ``(3) in the case of a project to be carried out in a county
    for which an at-risk county designation is in effect under section
    14526, 70 percent may be provided from amounts appropriated to
    carry out this section.''.
    (g) Supplements to Federal Grant Programs.--Section 14507(g) of
title 40, United States Code, is amended--
        (1) in paragraph (1) by striking ``paragraph (2)'' and
    inserting ``paragraphs (2) and (3)''; and
        (2) by adding at the end the following:
        ``(3) At-risk counties.--The maximum Commission contribution
    for a project to be carried out in a county for which an at-risk
    county designation is in effect under section 14526 may be
    increased to 70 percent.''.
SEC. 3. ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE.
    (a) In General.--Subchapter I of chapter 145 of subtitle IV of
title 40, United States Code, is amended by adding at the end the
following:
``Sec. 14508. Economic and energy development initiative
    ``(a) Projects To Be Assisted.--The Appalachian Regional Commission
may provide technical assistance, make grants, enter into contracts, or
otherwise provide amounts to persons or entities in the Appalachian
region for projects and activities--
        ``(1) to promote energy efficiency in the Appalachian region to
    enhance the economic competitiveness of the Appalachian region;
        ``(2) to increase the use of renewable energy resources,
    particularly biomass, in the Appalachian region to produce
    alternative transportation fuels, electricity, and heat; and
        ``(3) to support the development of regional, conventional
    energy resources to produce electricity and heat through advanced
    technologies that achieve a substantial reduction in emissions,
    including greenhouse gases, over the current baseline.
    ``(b) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section, not more than--
        ``(1) 50 percent may be provided from amounts appropriated to
    carry out this section;
        ``(2) in the case of a project to be carried out in a county
    for which a distressed county designation is in effect under
    section 14526, 80 percent may be provided from amounts appropriated
    to carry out this section; or
        ``(3) in the case of a project to be carried out in a county
    for which an at-risk county designation is in effect under section
    14526, 70 percent may be provided from amounts appropriated to
    carry out this section.
    ``(c) Sources of Assistance.--Subject to subsection (b), grants
provided under this section may be provided from amounts made available
to carry out this section in combination with amounts made available
under other Federal programs or from any other source.
    ``(d) Federal Share.--Notwithstanding any provision of law limiting
the Federal share under any other Federal program, amounts made
available to carry out this section may be used to increase that
Federal share, as the Commission decides is appropriate.''.
    (b) Conforming Amendment.--The analysis for chapter 145 of title
40, United States Code, is amended by inserting after the item relating
to section 14507 the following:

``14508. Economic and energy development initiative.''.
SEC. 4. DISTRESSED, AT-RISK, AND ECONOMICALLY STRONG COUNTIES.
    (a) Designation of At-Risk Counties.--Section 14526 of title 40,
United States Code, is amended--
        (1) in the section heading by inserting ``, at-risk,'' after
    ``Distressed''; and
        (2) in subsection (a)(1)--
            (A) by redesignating subparagraph (B) as subparagraph (C);
            (B) in subparagraph (A) by striking ``and'' at the end; and
            (C) by inserting after subparagraph (A) the following:
            ``(B) designate as `at-risk counties' those counties in the
        Appalachian region that are most at risk of becoming
        economically distressed; and''.
    (b) Conforming Amendment.--The analysis for chapter 145 of such
title is amended by striking the item relating to section 14526 and
inserting the following:

``14526. Distressed, at-risk, and economically strong counties.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
    (a) In General.--Section 14703(a) of title 40, United States Code,
is amended to read as follows:
    ``(a) In General.--In addition to amounts made available under
section 14501, there is authorized to be appropriated to the
Appalachian Regional Commission to carry out this subtitle--
        ``(1) $87,000,000 for fiscal year 2008;
        ``(2) $100,000,000 for fiscal year 2009;
        ``(3) $105,000,000 for fiscal year 2010;
        ``(4) $108,000,000 for fiscal year 2011; and
        ``(5) $110,000,000 for fiscal year 2012.''.
    (b) Economic and Energy Development Initiative.--Section 14703(b)
of such title is amended to read as follows:
    ``(b) Economic and Energy Development Initiative.--Of the amounts
made available under subsection (a), the following amounts may be used
to carry out section 14508--
        ``(1) $12,000,000 for fiscal year 2008;
        ``(2) $12,500,000 for fiscal year 2009;
        ``(3) $13,000,000 for fiscal year 2010;
        ``(4) $13,500,000 for fiscal year 2011; and
        ``(5) $14,000,000 for fiscal year 2012.''.
    (c) Allocation of Funds.--Section 14703 of such title is amended by
adding at the end the following:
    ``(d) Allocation of Funds.--Funds approved by the Appalachian
Regional Commission for a project in a State in the Appalachian region
pursuant to a congressional directive shall be derived from the total
amount allocated to the State by the Appalachian Regional Commission
from amounts appropriated to carry out this subtitle.''.
SEC. 6. TERMINATION.
    Section 14704 of title 40, United States Code, is amended by
striking ``2007'' and inserting ``2012''.
SEC. 7. ADDITIONS TO APPALACHIAN REGION.
    (a) Kentucky.--Section 14102(a)(1)(C) of title 40, United States
Code, is amended--
        (1) by inserting ``Metcalfe,'' after ``Menifee,'';
        (2) by inserting ``Nicholas,'' after ``Morgan,''; and
        (3) by inserting ``Robertson,'' after ``Pulaski,''.
    (b) Ohio.--Section 14102(a)(1)(H) of such title is amended--
        (1) by inserting ``Ashtabula,'' after ``Adams,'';
        (2) by inserting ``Mahoning,'' after ``Lawrence,''; and
        (3) by inserting ``Trumbull,'' after ``Scioto,''.
    (c) Tennessee.--Section 14102(a)(1)(K) of such title is amended by
inserting ``Lawrence, Lewis,'' after ``Knox,''.
    (d) Virginia.--Section 14102(a)(1)(L) of such title is amended--
        (1) by inserting ``Henry,'' after ``Grayson,''; and
        (2) by inserting ``Patrick,'' after ``Montgomery,''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output:
Appalachian Regional Development Act Amendments of 2008- Limits the amount of Appalachian regional development grants and loans for projects in at-risk counties to 70% of project costs. Directs the Appalachian Regional Commission to designate as "at-risk" those counties in the Appalachian region that are most at risk of becoming economically distressed.

Authorizes the Commission to provide technical assistance, provide grants, enter into contracts, or otherwise provide amounts to entities in the region for projects and activities to: (1) promote energy efficiency; (2) increase the use of renewable energy resources; and (3) support the development of regional, conventional energy resources to produce electricity and heat through advanced technologies.

Authorizes appropriations to the Commission through FY2012, with specified amounts designated for the economic and energy development initiative. Requires funds approved by the Commission for a project in an Appalachian state pursuant to a congressional directive to be derived from the amount allocated to that state.

Extends the termination date of the Appalachian Regional Development Act of 1965 until October 1, 2012.

Adds to the Appalachian region the counties of: (1) Metcalfe, Nicholas, and Robertson in Kentucky; (2) Ashtabula, Mahoning, and Trumbull in Ohio; (3) Lawrence and Lewis in Tennessee; and (4) Henry and Patrick in Virginia.