Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Full Use of Federal Health
Care Funding Act of 2014''.

SEC. 2. RECOUPMENT AND REALLOCATION OF FEDERAL SECTION 1311 ACA GRANT
              FUNDS.

    Section 1311(a) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18031(a)) is amended--
            (1) in paragraph (1), by inserting before the period at the
        end the following: ``and to make grants under paragraph (7) to
        qualified entities in a State from funds recouped under
        paragraph (6) from that State'';
            (2) in paragraph (2), by adding at the end the following:
        ``Not later than May 1, 2014, the Secretary shall determine the
        recoupment amount under paragraph (6) for each State and the
        amounts that will be made so available for grants under
        paragraph (7) for qualified entities in each State.'';
            (3) in paragraph (3), by adding at the end the following:
        ``A qualified entity awarded a grant under paragraph (7) shall
        use such grant for activities consistent with subparagraph (C)
        of such paragraph.''; and
            (4) by adding at the end the following new paragraphs:
            ``(6) Recoupment of unexpended funds.--
                    ``(A) In general.--Subject to subparagraph (B), the
                Secretary shall recoup any funds awarded to a State
                under this subsection to the extent that such funds are
                not obligated by the State for expenditure before April
                1, 2014.
                    ``(B) Exception.--The Secretary may, in the
                Secretary's discretion, decide not to recoup the funds
                of a State under subparagraph (A) if the State has
                submitted to the Secretary and the Secretary has
                approved, before March 31, 2014, a plan for spending
                such funds in accordance with this subsection in a
                timely manner.
            ``(7) Application of recouped funds for grants to other
        entities within a state.--
                    ``(A) In general.--Insofar as the Secretary recoups
                funds under paragraph (6) from a State, the Secretary
                shall use all such funds to make grants, before the
                beginning of the open enrollment period for 2015, to
                qualified entities under subparagraph (B) to carry out
                activities in the State consistent with subparagraph
                (C).
                    ``(B) Eligibility.--
                            ``(i) In general.--To be eligible to
                        receive a grant under this paragraph with
                        respect to a State, an entity shall demonstrate
                        to the Secretary that the entity--
                                    ``(I) has (or can readily and on a
                                timely basis establish) relationships
                                with employers and employees, consumers
                                (including uninsured and underinsured
                                consumers), or self-employed
                                individuals in the State that are
                                likely to be qualified to enroll in
                                coverage options made available through
                                an Exchange in the State;
                                    ``(II) is capable of carrying out
                                the activities described in
                                subparagraph (C) for which a grant is
                                being granted;
                                    ``(III) meets the standards
                                described in clause (iii); and
                                    ``(IV) provides information
                                consistent with standards developed
                                under clause (iv).
                            ``(ii) Types of qualified entities.--Such
                        an entity may be a trade, industry, and
                        professional association, commercial fishing
                        industry organization, ranching and farming
                        organization, community and consumer-focused
                        nonprofit group, chamber of commerce, union,
                        resource partner of the Small Business
                        Administration, and other licensed insurance
                        agent or broker, and another entity, so long as
                        it meets the requirements of clause (i).
                            ``(iii) Entity standards.--The Secretary
                        shall establish standards for qualified
                        entities under this subparagraph relating to
                        their qualification to engage in the outreach,
                        education, and enrollment activities described
                        in subparagraph (C) and to avoid conflicts of
                        interest. Under such standards, a qualified
                        entity shall not--
                                    ``(I) be a health insurance issuer;
                                or
                                    ``(II) receive any consideration
                                directly or indirectly from any health
                                insurance issuer in connection with the
                                enrollment of any qualified individuals
                                or employees of a qualified employer in
                                a qualified health plan.
                            ``(iv) Fair and impartial information and
                        services.--The Secretary shall develop
                        standards to ensure that information made
                        available by qualified entities under a grant
                        under this paragraph is fair, accurate, and
                        impartial.
                    ``(C) Use of grants.--Grants under this paragraph
                may be used for any of the purposes or activities for
                which a grant to a State under this subsection may be
                used, including the following:
                            ``(i) Non-navigator assistance personnel.--
                        To build and fund operations of an in-person
                        assistance personnel (IPA) program (also known
                        as `non-Navigator assistance personnel').
                            ``(ii) Outreach.--To coordinate with other
                        health and human services organizations in the
                        State to broaden outreach (such as Marketplace
                        information on applications for other programs,
                        websites, emails or through IPA call centers)
                        to individuals eligible to enroll in qualified
                        health plans through the Exchange operating in
                        the State.
                            ``(iii) Marketing.--To produce and
                        disseminate marketing and campaign materials,
                        including brochures, direct mail, print ads,
                        social media and digital and online ads, and TV
                        and radio buys, such materials subject to
                        approval by the Secretary.''.

Output: Ensuring Full Use of Federal Health Care Funding Act of 2014 - Amends the Patient Protection and Affordable Care Act to direct the Secretary of Health and Human Services (HHS) to recoup any funds awarded to a state to establish health care exchanges to the extent the state has not obligated them for expenditure before April 1, 2014. Allows the Secretary, however, not to recoup such funds from a state if the state has approved, before March 31, 2014, a plan to spend them for such exchanges in a timely manner. Requires the Secretary to use any recouped funds to make grants to qualified entities to: (1) build and fund operations of an in-person assistance personnel (IPA) program (also known as "non-Navigator assistance personnel"); (2) coordinate with other health and human services organizations in the state to broaden outreach to individuals eligible to enroll in qualified health plans through the exchange operating in the state; and (3) produce and disseminate marketing and campaign materials, subject to the Secretary's approval. Requires a qualified entity to: (1) have (or readily and on a timely basis be able to establish) relationships with employers and employees, consumers (both uninsured and underinsured), or self-employed individuals in the state that are likely to be qualified to enroll in coverage options made available through a health care exchange in the state; (2) be capable of carrying out grant activities; and (3) meet specified standards. Lists as types of qualified entities: (1) a trade, industry, and professional association; (2) a commercial fishing industry organization; (3) a ranching and farming organization; (4) a community and consumer-focused nonprofit group; (5) a chamber of commerce; (6) a union; (7) a resource partner of the Small Business Administration (SBA); (8) a licensed insurance agent or broker; and (9) any other entity that meets the qualification standards.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``New War on Cancer Act''.

SEC. 2. NONPATENT MARKET EXCLUSIVITY FOR CANCER DRUGS.

     Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by adding at the end the following subchapter:

                      ``Subchapter G--Cancer Drugs

``SEC. 575. RECOMMENDATIONS FOR INVESTIGATIONS OF CANCER DRUGS.

    ``(a) Request for Recommendations.--The sponsor of a drug intended
for use for cancer (referred to in this subchapter as a `cancer drug')
may request the Secretary to provide written recommendations for the
nonclinical and clinical investigations which must be conducted with
the drug before--
            ``(1) it may be approved for use for cancer under section
        505; or
            ``(2) if the drug is a biological product, it may be
        licensed for use for cancer under section 351 of the Public
        Health Service Act.
    ``(b) Recommendations.--If the Secretary has reason to believe that
a drug for which a request is made under subsection (a) is a cancer
drug, the Secretary shall provide the person making the request written
recommendations for the nonclinical and clinical investigations which
the Secretary believes, on the basis of information available to the
Secretary at the time of the request, would be necessary for--
            ``(1) approval of such drug for use for cancer under
        section 505; or
            ``(2) licensing of such drug for use for cancer under
        section 351 of the Public Health Service Act.
    ``(c) Regulations.--The Secretary shall by regulation promulgate
procedures for the implementation of subsections (a) and (b).

``SEC. 576. DESIGNATION OF CANCER DRUGS.

    ``(a) Request for Designation.--The sponsor of a drug may request
the Secretary to designate the drug as a cancer drug. A request for
designation of a drug shall be made before the submission of an
application under section 505(b) for the drug, or the submission of an
application for licensing of the drug under section 351 of the Public
Health Service Act. Such a request shall contain the consent of the
applicant to notice being given by the Secretary under subsection (c)
respecting the designation of the drug.
    ``(b) Designation.--In the case of a drug for which a request is
submitted under subsection (a), the Secretary shall designate the drug
as a cancer drug if the Secretary finds that the drug is being or will
be investigated for use for cancer.
    ``(c) Conditions.--A designation of a drug under subsection (b)
shall be subject to the condition that--
            ``(1) after an application is approved for the drug under
        section 505(b) or a license is issued for the drug under
        section 351 of the Public Health Service Act, the manufacturer
        of the drug will notify the Secretary of any discontinuance of
        the production of the drug at least one year before
        discontinuance; and
            ``(2) before an application is approved for the drug under
        section 505(b) or a license is issued for the drug under
        section 351 of the Public Health Service Act, the sponsor of
        the drug will notify the Secretary of any decision to
        discontinue active pursuit of approval of an application under
        section 505(b) or approval of a license under section 351 of
        the Public Health Service Act.
    ``(d) Public Availability of Notice.--Notice respecting the
designation of a drug under subsection (b) shall be made available to
the public.
    ``(e) Regulations.--The Secretary shall by regulation promulgate
procedures for the implementation of subsections (a) and (b).

``SEC. 577. MARKET PROTECTION FOR CANCER DRUGS.

    ``(a) In General.--Except as provided in subsection (b), if the
Secretary approves an application filed pursuant to section 505 for a
drug designated under section 576 as a cancer drug, or if the Secretary
issues a license under section 351 of the Public Health Service Act for
such a drug, the Secretary may not approve another application under
section 505 or issue another license under section 351 of the Public
Health Service Act for such drug for a person who is not the holder of
such approved application or of such license until the expiration of
seven years from the date of the approval of the approved application
or the issuance of the license. Section 505(c)(2) does not apply to the
refusal to approve an application under the preceding sentence.
    ``(b) Exception.--If an application filed pursuant to section 505
is approved for a drug designated under section 576 as a cancer drug or
if a license is issued under section 351 of the Public Health Service
Act for such a drug, the Secretary may, during the seven-year period
beginning on the date of the application approval or of the issuance of
the license, approve another application under section 505 or issue a
license under section 351 of the Public Health Service Act for such
drug for cancer for a person who is not the holder of such approved
application or of such license if--
            ``(1) the Secretary finds, after providing the holder
        notice and opportunity for the submission of views, that in
        such period the holder of the approved application or of the
        license cannot assure the availability of sufficient quantities
        of the drug to meet the needs of persons with the cancer
        involved; or
            ``(2) such holder provides the Secretary in writing the
        consent of such holder for the approval of other applications
        or the issuance of other licenses before the expiration of such
        seven-year period.

``SEC. 578. OPEN PROTOCOLS FOR INVESTIGATIONS OF CANCER DRUGS.

    ``If a drug is designated under section 576 as a cancer drug and if
notice of a claimed exemption under section 505(i) or regulations
issued thereunder is filed for such drug, the Secretary shall encourage
the sponsor of such drug to design protocols for the drug which include
persons with the cancer involved who need the drug to treat the cancer
and who cannot be satisfactorily treated by available alternative
drugs.''.

SEC. 3. ABBREVIATED APPLICATIONS FOR NEW DRUGS; NONPATENT MARKET
              EXCLUSIVITY FOR CANCER DRUGS.

    Section 505(j)(5)(F)(ii) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(j)(5)(F)(ii)) is amended--
            (1) by striking ``(ii)'' and inserting ``(ii)(I)''; and
            (2) by adding at the end the following subclause:
    ``(II) With respect to an application under subsection (b) for a
drug referred to in subclause (I), in any case in which the drug is for
use for cancer, the reference in such subclause to five years is deemed
to be ten years, the reference to four years is deemed to be eight
years, the reference to forty-eight months is deemed to be ninety-six
months, and the reference to seven and one-half years is deemed to be
twelve and one-half years.''.

SEC. 4. EXTENSION OF PATENT TERM ON CANCER DRUGS.

    Section 156(c) of title 35, United States Code, is amended by
adding at the end the following flush sentence:
``Paragraphs (2) and (3) shall not apply in the case of a drug approved
for use for cancer.''.

Output:
New War on Cancer Act - Allows the sponsor of a drug intended for use for cancer to request the Secretary of Health and Human Services to: (1) provide written recommendations for investigations which must be conducted before approval of a drug or before licensure of a biological product for use for cancer; and (2) designate such drug as a cancer drug before the submission of a request for approval or licensing. Requires the Secretary to designate such drug as a cancer drug if the drug is being or will be investigated for use for cancer. Prohibits the Secretary from approving another application or issuing another license for a designated cancer drug for a person who is not the holder of the approved application or license until the expiration of seven years, with certain exceptions.

Requires the Secretary to encourage the sponsor of a designated cancer drug approved for investigational use to design protocols for the drug that include persons with the cancer involved who cannot be satisfactorily treated by alternative drugs.

Extends the time during which an application for approval of drug with the same active ingredient as an approved cancer drug may not be approved.

Excludes approved cancer drugs from time limits imposed on the maximum length of a patent.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Homeland Security
Component Privacy Officer Act of 2008''.

SEC. 2. ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN EACH COMPONENT OF
              DEPARTMENT OF HOMELAND SECURITY.

    (a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended by inserting after
section 222 the following new section:

``SEC. 222A. PRIVACY OFFICIALS.

    ``(a) Designation.--
            ``(1) In general.--For each component of the Department
        under paragraph (2), the Secretary shall, in consultation with
        the head of the component, designate a full-time privacy
        official, who shall report directly to the senior official
        appointed under section 222. Each such component privacy
        official shall have primary responsibility for its component in
        implementing the privacy policy for the Department established
        by the senior official appointed under section 222.
            ``(2) Components.--The components of the Department
        referred to in this subparagraph are as follows:
                    ``(A) The Transportation Security Administration.
                    ``(B) The Bureau of Citizenship and Immigration
                Services.
                    ``(C) Customs and Border Protection.
                    ``(D) Immigration and Customs Enforcement.
                    ``(E) The Federal Emergency Management Agency.
                    ``(F) The Coast Guard.
                    ``(G) The Directorate of Science and Technology.
                    ``(H) The Office of Intelligence and Analysis.
                    ``(I) The Directorate for National Protection and
                Programs.
    ``(b) Responsibilities.--Each privacy official designated under
subsection (a) shall report directly to both the head of the official's
component and the senior official appointed under section 222, and
shall have the following responsibilities with respect to the
component:
            ``(1) Serve as such senior official's main point of contact
        at the component to implement the polices and directives of
        such senior official in carrying out section 222.
            ``(2) Advise the head of that component on privacy
        considerations when any law, regulation, program, policy,
        procedure, or guideline is proposed, developed, or implemented.
            ``(3) Assure that the use of technologies by the component
        sustain or enhance privacy protections relating to the use,
        collection, and disclosure of personal information within the
        component.
            ``(4) Identify privacy issues related to component programs
        and apply appropriate privacy policies in accordance with
        Federal privacy law and Departmental policies developed to
        ensure that the component protects the privacy of individuals
        affected by its activities.
            ``(5) Monitor the component's compliance with all
        applicable Federal privacy laws and regulations, implement
        corrective, remedial, and preventive actions and notify the
        senior official appointed under section 222 of privacy issues
        or non-compliance, whenever necessary.
            ``(6) Ensure that personal information contained in Privacy
        Act systems of records is handled in full compliance with
        section 552a of title 5, United States Code.
            ``(7) Assist in drafting and reviewing privacy impact
        assessments, privacy threshold assessments, and system of
        records notices, in conjunction with and under the direction of
        the senior official appointed under section 222, for any new or
        substantially changed program or technology that collects,
        maintains, or disseminates personally identifiable information
        within the official's component.
            ``(8) Assist in drafting and reviewing privacy impact
        assessments, privacy threshold assessments, and system of
        records notices in conjunction with and under the direction of
        the senior official appointed under section 222, for proposed
        rulemakings and regulations within the component.
            ``(9) Conduct supervision of programs, regulations,
        policies, procedures, or guidelines to ensure the component's
        protection of privacy and, as necessary, promulgate guidelines
        and conduct oversight to ensure the protection of privacy.
            ``(10) Implement and monitor privacy training for component
        employees and contractors in coordination with the senior
        official appointed under section 222.
            ``(11) Provide the senior official appointed under section
        222 with written materials and information regarding the
        relevant activities of the component, including privacy
        violations and abuse, that are needed by the senior official to
        successfully prepare the reports the senior official submits to
        Congress and prepares on behalf of the Department.
            ``(12) Any other responsibilities assigned by the Secretary
        or the senior official appointed under section 222.
    ``(c) Role of Component Heads.--The head of a component identified
in subsection (a)(2) shall ensure that the privacy official designated
under subsection (a) for that component--
            ``(1) has the information, material, and resources
        necessary to fulfill the responsibilities of such official
        under this section;
            ``(2) is advised of proposed policy changes and the
        development of new programs, rules, regulations, procedures, or
        guidelines during the planning stage and is included in the
        decision-making process; and
            ``(3) is given access to material and personnel the privacy
        official deems necessary to carry out the official's
        responsibilities.
    ``(d) Limitation.--Nothing in this section shall be considered to
abrogate the role and responsibilities of the senior official appointed
under section 222.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item related to section 222
the following new item:

``Sec. 222A. Privacy officials.''.

            Passed the House of Representatives July 30, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Department of Homeland Security Component Privacy Officer Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to designate a full-time privacy official for each of the following Department of Homeland Security (DHS) components: (1) the Transportation Security Administration (TSA); (2) the Bureau of Citizenship and Immigration Services (CIS); (3) Customs and Border Protection (CBP); (4) Immigration and Customs Enforcement (ICE); (5) the Federal Emergency Management Agency (FEMA); (6) the Coast Guard; (7) the Directorate of Science and Technology; (8) the Office of Intelligence and Analysis; and (9) the Directorate for National Protection and Programs. Grants each component's privacy official primary responsibility for implementing the privacy policy for DHS established by DHS's privacy officer.

Requires each designated privacy official to report directly to both the component head and DHS's privacy officer. Lists the responsibilities of each component privacy official, including: (1) serving as DHS's privacy officer's main point of contact at the component to implement that officer's policies and directives; (2) advising the component head on privacy considerations when any law, regulation, or guideline is proposed, developed, or implemented; (3) assuring that the use of technologies sustains or enhances privacy protections; (4) identifying privacy issues related to component programs; (5) monitoring the component's compliance with all applicable federal privacy laws and regulations; (6) assisting in drafting and reviewing privacy impact assessments, privacy threshold assessments, and system of records notices; (7) implementing and monitoring privacy training for component employees and contractors in coordination with DHS's privacy officer; and (8) providing DHS's privacy officer with written materials and information regarding the relevant activities of the component, including privacy violations and abuse, that are needed to successfully prepare reports for Congress and on behalf of DHS.

Directs each component head to ensure that the component's privacy official: (1) has the information, resources, and access to material and personnel necessary to fulfill his or her responsibilities; (2) is advised of proposed policy changes and the development of new programs, regulations, procedures, or guidelines during the planning stages; and (3) is included in decision-making.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Opioids and Unused
Narcotics with Deliberate Disposal and Packaging Act of 2018'' or the
``SOUND Disposal and Packaging Act''.

SEC. 2. IMPROVED TECHNOLOGIES, CONTROLS, OR MEASURES WITH RESPECT TO
              THE PACKAGING OR DISPOSAL OF CERTAIN DRUGS.

    (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act is amended by inserting after section 505-1 (21 U.S.C. 355-1) the
following new section:

``SEC. 505-2. SAFETY-ENHANCING PACKAGING AND DISPOSAL FEATURES.

    ``(a) Orders.--
            ``(1) In general.--The Secretary may issue an order
        requiring the holder of a covered application to implement or
        modify one or more technologies, controls, or measures with
        respect to the packaging or disposal of one or more drugs
        identified in the covered application, if the Secretary
        determines such technologies, controls, or measures to be
        appropriate to help mitigate the risk of abuse or misuse of
        such drug or drugs, which may include by reducing the
        availability of unused drugs.
            ``(2) Prior consultation.--The Secretary may not issue an
        order under paragraph (1) unless the Secretary has consulted
        with relevant stakeholders, through a public meeting, workshop,
        or otherwise, about matters that are relevant to the subject of
        the order.
            ``(3) Assuring access and minimizing burden.--Technologies,
        controls, or measures required under paragraph (1) shall--
                    ``(A) be commensurate with the specific risk of
                abuse or misuse of the drug listed in the covered
                application;
                    ``(B) considering such risk, not be unduly
                burdensome on patient access to the drug, considering
                in particular any available evidence regarding the
                expected or demonstrated public health impact of such
                technologies, controls, or measures; and
                    ``(C) reduce the risk of abuse or misuse of such
                drug.
            ``(4) Order contents.--An order issued under paragraph (1)
        may--
                    ``(A) provide for a range of options for
                implementing or modifying the technologies, controls,
                or measures required to be implemented by such order;
                and
                    ``(B) incorporate by reference standards regarding
                packaging or disposal set forth in an official
                compendium, established by a nationally or
                internationally recognized standard development
                organization, or described on the public website of the
                Food and Drug Administration, so long as the order
                includes the rationale for incorporation of such
                standard.
            ``(5) Orders applicable to drug class.--When a concern
        about the risk of abuse or misuse of a drug relates to a
        pharmacological class, the Secretary may, after consultation
        with relevant stakeholders, issue an order under paragraph (1)
        which applies to the pharmacological class.
    ``(b) Compliance.--The holder of a covered application shall--
            ``(1) submit a supplement containing proposed changes to
        the covered application to comply with an order issued under
        subsection (a) not later than--
                    ``(A) 180 calendar days after the date on which the
                order is issued; or
                    ``(B)(i) such longer time period as specified by
                the Secretary in such order; or
                    ``(ii) if a request for an alternative date is
                submitted by the holder of such application not later
                than 60 calendar days after the date on which such
                order is issued--
                            ``(I) such requested alternative date if
                        agreed to by the Secretary; or
                            ``(II) another date as specified by the
                        Secretary; and
            ``(2) implement the changes approved pursuant to such
        supplement not later than the later of--
                    ``(A) 90 calendar days after the date on which the
                supplement is approved; or
                    ``(B) the end of such longer period as is--
                            ``(i) determined to be appropriate by the
                        Secretary; or
                            ``(ii) approved by the Secretary pursuant
                        to a request by the holder of the covered
                        application that explains why such longer
                        period is needed, including to satisfy any
                        other applicable Federal statutory or
                        regulatory requirements.
    ``(c) Alternative Measures.--The holder of the covered application
may propose, and the Secretary shall approve, technologies, controls,
or measures regarding packaging, storage, or disposal other than those
specified in the applicable order issued under subsection (a), if such
technologies, controls, or measures are supported by data and
information demonstrating that such alternative technologies, controls,
or measures can be expected to mitigate the risk of abuse or misuse of
the drug or drugs involved, including by reducing the availability of
unused drugs, to at least the same extent as the technologies,
controls, or measures specified in such order.
    ``(d) Dispute Resolution.--If a dispute arises in connection with a
supplement submitted under subsection (b), the holder of the covered
application may appeal a determination made with respect to such
supplement using applicable dispute resolution procedures specified by
the Secretary in regulations or guidance.
    ``(e) Definitions.--In this section--
            ``(1) the term `covered application' means an application
        submitted under subsection (b) or (j) of section 505 for
        approval under such section or an application submitted under
        section 351 of Public Health Service Act for approval under
        such section, with respect to a drug that is or contains an
        opioid for which a listing in schedule II or III (on a
        temporary or permanent basis) is in effect under section 202 of
        the Controlled Substances Act; and
            ``(2) the term `relevant stakeholders' may include
        scientific experts within the drug manufacturing industry;
        brand and generic drug manufacturers; standard development
        organizations; wholesalers and distributors; payers; health
        care providers; pharmacists; pharmacies; manufacturers; poison
        centers; and representatives of the National Institute on Drug
        Abuse, the National Institutes of Health, the Centers for
        Disease Control and Prevention, the Centers for Medicare &
        Medicaid Services, the Drug Enforcement Agency, the Consumer
        Product Safety Commission, individuals who specialize in
        treating addiction, and patient and caregiver groups.''.
    (b) Prohibited Acts.--Section 501 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph
(j) the following:
    ``(k) If it is a drug approved under a covered application (as
defined in section 505-2(e)), the holder of which does not meet the
requirements of paragraphs (1) and (2) of subsection (b) of such
section.''.
    (c) Required Content of an Abbreviated New Drug Application.--
Section 505(j)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(2)(A)) is amended--
            (1) in clause (vii)(IV), by striking ``and'' at the end;
            (2) in clause (viii), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(ix) if the drug is or contains an opioid for which a
        listing in schedule II or III (on a temporary or permanent
        basis) is in effect under section 202 of the Controlled
        Substances Act, information to show that the applicant has
        proposed technologies, controls, or measures related to the
        packaging or disposal of the drug that provide protections
        comparable to those provided by the technologies, controls, or
        measures required for the applicable listed drug under section
        505-2, if applicable.''.
    (d) Grounds for Refusing to Approve an Abbreviated New Drug
Application.--Section 505(j)(4) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(j)(4)), is amended--
            (1) in subparagraph (J), by striking ``or'' at the end;
            (2) in subparagraph (K), by striking the period at the end
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(L) if the drug is a drug described in paragraph
                (2)(A)(ix) and the applicant has not proposed
                technologies, controls, or measures related to the
                packaging or disposal of such drug that the Secretary
                determines provide protections comparable to those
                provided by the technologies, controls, or measures
                required for the applicable listed drug under section
                505-2.''.
    (e) Rules of Construction.--
            (1) Any labeling describing technologies, controls, or
        measures related to packaging or disposal intended to mitigate
        the risk of abuse or misuse of a drug product that is subject
        to an abbreviated new drug application, including labeling
        describing differences from the reference listed drug resulting
        from the application of section 505-2 of the Federal Food,
        Drug, and Cosmetic Act, as added by subsection (a), shall not
        be construed--
                    (A) as changes to labeling not permissible under
                clause (v) of section 505(j)(2)(A) of such Act (21
                U.S.C. 355(j)(2)(A)), or a change in the conditions of
                use prescribed, recommended, or suggested in the
                labeling proposed for the new drug under clause (i) of
                such section; or
                    (B) to preclude approval of an abbreviated new drug
                application under subparagraph (B) or (G) of section
                505(j)(4) of such Act (21 U.S.C. 355(j)(4)).
            (2) For a covered application that is an application
        submitted under subsection (j) of section 505 of the Federal
        Food, Drug, and Cosmetic Act (21 U.S.C. 355), subsection
        (j)(2)(A) of such section 505 shall not be construed to limit
        the type of data or information the Secretary of Health and
        Human Services may request or consider in connection with
        making any determination under section 505-2.
    (f) GAO Report.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General of the United States
shall prepare and submit to the Congress a report containing--
            (1) a description of available evidence, if any, on the
        effectiveness of site-of-use, in-home controlled substance
        disposal products and packaging technologies;
            (2) identification of ways in which such disposal products
        intended for use by patients, consumers, and other end users
        that are not registrants under the Controlled Substances Act,
        are made available to the public and barriers to the use of
        such disposal products;
            (3) identification of ways in which packaging technologies
        are made available to the public and barriers to the use of
        such technologies;
            (4) a description of Federal oversight, if any, of site-of-
        use, in-home controlled substance disposal products,
        including--
                    (A) identification of the Federal agencies that
                oversee such products;
                    (B) identification of the methods of disposal of
                controlled substances recommended by these agencies for
                site-of-use, in-home disposal; and
                    (C) a description of the effectiveness of such
                recommendations at preventing the diversion of legally
                prescribed controlled substances;
            (5) a description of Federal oversight, if any, of
        controlled substance packaging technologies, including--
                    (A) identification of the Federal agencies that
                oversee such technologies;
                    (B) identification of the technologies recommended
                by these agencies, including unit dose packaging,
                packaging that provides a set duration, or other
                packaging systems that may mitigate abuse or misuse;
                and
                    (C) a description of the effectiveness of such
                recommendations at preventing the diversion of legally
                prescribed controlled substances; and
            (6) recommendations on--
                    (A) whether site-of-use, in-home controlled
                substance disposal products and packaging technologies
                require Federal oversight and, if so, which agencies
                should be responsible for such oversight and, as
                applicable, approval of such products or technologies;
                and
                    (B) the potential role of the Federal Government in
                evaluating such products to ensure product efficacy.

            Passed the House of Representatives June 19, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Securing Opioids and Unused Narcotics with Deliberate Disposal and Packaging Act of 2018 or the SOUND Disposal and Packaging Act This bill amends the Federal Food, Drug, and Cosmetic Act to authorize the Food and Drug Administration to require certain packaging and disposal technologies, controls, or measures to mitigate the risk of abuse or misuse of a drug or a class of drugs.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Surface Transportation
Policy and Planning Act of 2009''.

SEC. 2. ESTABLISHMENT OF A NATIONAL SURFACE TRANSPORTATION POLICY AND
              PLAN.

    (a) In General.--Chapter 3 of title 49, United States Code, is
amended--
            (1) by redesignating sections 304 through 309 as sections
        307 through 312;
            (2) by redesignating sections 303 and 303a as sections 305
        and 306, respectively; and
            (3) by inserting after section 302, the following:
``Sec. 303. National surface transportation policy
    ``(a) Policy.--It is the policy of the United States to develop a
comprehensive national surface transportation system that advances the
national interest and defense, interstate and foreign commerce, the
efficient and safe interstate mobility of people and goods, and the
protection of the environment. The system shall be built, maintained,
managed, and operated as a partnership between the Federal, State, and
local governments and the private sector and shall be coordinated with
the overall transportation system of the United States, including the
Nation's air, rail, pipeline, and water transportation systems. The
Secretary of Transportation shall be responsible for carrying out this
policy and for defining the Federal Government's role in the system.
    ``(b) Objectives.--The objectives of the policy shall be to
facilitate and advance--
            ``(1) the efficient connectivity of persons and goods
        within and between nations, regions, States, and metropolitan
        areas;
            ``(2) the safety and health of the public;
            ``(3) the security of the Nation and the public;
            ``(4) environmental protection and enhancement, including
        the reduction of carbon-related emissions;
            ``(5) energy conservation and security, including reducing
        transportation-related energy use;
            ``(6) international and interstate freight movement, trade
        enhancement, job creation, and economic development;
            ``(7) responsible land use and sustainable development;
            ``(8) the preservation and adequate performance of system-
        critical transportation assets, as defined by the Secretary;
            ``(9) reasonable access to the national surface
        transportation system for all system users, including rural
        communities;
            ``(10) sustainable, balanced, and adequate financing of the
        national surface transportation system; and
            ``(11) innovation in transportation services,
        infrastructure, and technology.
    ``(c) Goals.--
            ``(1) In general.--The goals of the policy shall be--
                    ``(A) to reduce national per capita motor vehicle
                miles traveled on an annual basis;
                    ``(B) to reduce national motor vehicle-related
                fatalities by 50 percent by 2030;
                    ``(C) to reduce national surface transportation-
                generated carbon dioxide levels by 40 percent by 2030;
                    ``(D) to reduce national surface transportation
                delays per capita on an annual basis;
                    ``(E) to increase the percentage of system-critical
                surface transportation assets, as defined by the
                Secretary, that are in a state of good repair by 20
                percent by 2030;
                    ``(F) to increase the total usage of public
                transportation, intercity passenger rail services, and
                non-motorized transportation on an annual basis;
                    ``(G) to increase the proportion of national
                freight transportation provided by non-highway or
                multimodal services by 10 percent by 2020;
                    ``(H) to reduce passenger and freight
                transportation delays and congestion at international
                points of entry on an annual basis;
                    ``(I) to ensure adequate transportation of domestic
                energy supplies; and
                    ``(J) to maintain or the reduce the percentage of
                gross domestic product consumed by transportation
                costs.
            ``(2) Baselines.--Within 1 year after the date of enactment
        of the National Surface Transportation Policy and Planning Act
        of 2009, the Secretary shall develop baselines for the goals
        and shall determine appropriate methods of data collection to
        measure the attainment of the goals.
    ``(d) Requirements.--The Secretary, consistent with the plan
developed under section 304 and notwithstanding any other provision of
law in effect as of the date of enactment of the National Surface
Transportation Policy and Planning Act of 2009, shall--
            ``(1) develop appropriate performance criteria and data
        collections systems for each Federal surface transportation
        program in order to evaluate:
                    ``(A) whether such programs are consistent with the
                policy, objectives, and goals established by this
                section; and
                    ``(B) how effective such programs are in
                contributing to the achievement of the policy,
                objectives, and goals established by this section;
            ``(2) using the criteria developed under paragraph (1),
        annually evaluate each such program and provide the results to
        the public;
            ``(3) based on the evaluation performed under paragraph
        (2), make any necessary changes or improvements to such
        programs to ensure such consistency and effectiveness;
            ``(4) align the availability and award of Federal surface
        transportation funding to meet the policy, objectives, goals,
        and performance criteria established by this section,
        consistent with the evaluation performed under paragraph (2);
            ``(5) carry out this section in a manner that is consistent
        with sections 302, 5503, 10101, and 13101 of this title and
        section 101 of title 23 to the extent that such sections do not
        conflict with the policy, objectives, and goals established by
        this section;
            ``(6) review, update, and reissue all relevant surface
        transportation planning requirements to ensure that such
        requirements require that regional, State, and local surface
        transportation planning efforts funded with Federal funds are
        consistent with the policy, objectives, and goals established
        by this section; and
            ``(7) require recipients of Federal surface transportation
        funds to annually report on the use of such funds, including a
        description of--
                    ``(A) which projects and priorities were funded
                with such funds;
                    ``(B) the rationale and method employed for
                apportioning such funds to the projects and priorities;
                and
                    ``(C) how the obligation of such funds is
                consistent with or advances the policy, objectives, and
                goals established by this section.
    ``(e) Authority.--
            ``(1) In general.--Notwithstanding any other provision of
        law in effect as of the date of enactment of the National
        Surface Transportation Policy and Planning Act of 2009, the
        Secretary may, through a process of public notice and comment
        and with reasonable prior notice to the Senate Committee on
        Commerce, Science, and Transportation and the House of
        Representatives Committee on Transportation and Infrastructure
        preceding any significant change, consistent with the public
        interest, amend the goals under subsection (c) or develop
        additional goals to effectively meet the policy and objectives
        set forth in this section.
            ``(2) The Secretary may also make recommendations to those
        Committees for reorganizing the Department of Transportation,
        as necessary and consistent with the requirements of section
        304(b)(6), in order to achieve the policy, objectives, and
        goals established by this section.
``Sec. 304. National surface transportation performance plan
    ``(a) Development.--Within 2 years after the date of enactment of
the National Surface Transportation Policy and Planning Act of 2009,
the Secretary of Transportation shall develop and implement a National
Surface Transportation Performance Plan to achieve the policy,
objectives, and goals set forth in section 303.
    ``(b) Contents.--The plan shall include--
            ``(1) an assessment of the current performance of the
        national surface transportation system and an analysis of the
        system's ability to achieve the policy, objectives, and goals
        set forth in section 303;
            ``(2) an analysis of emerging and long-term projected
        trends that will impact the performance, needs, and uses of the
        national surface transportation system;
            ``(3) a description of the major impediments to effectively
        meeting the policy, objectives, and goals set forth in section
        303 and recommended actions to address such impediments;
            ``(4) a comprehensive strategy and investment plan to meet
        the policy, objectives, and goals set forth in section 303;
            ``(5) initiatives to improve transportation modeling,
        research, data collection, and analysis; and
            ``(6) a plan for any reorganization of the Department of
        Transportation or its agencies necessary to meet the policy,
        objectives, and goals set forth in section 303.
    ``(c) Consultation.--In developing the plan required by subsection
(a), the Secretary shall--
            ``(1) consult with local, State, and tribal governments,
        public and private transportation providers and carriers, non-
        profit organizations representing transportation employees,
        appropriate foreign governments, and other interested parties;
        and
            ``(2) provide public notice and hearings and solicit public
        comments on the plan.
    ``(d) Submittal.--The Secretary shall submit the completed plan to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure.
    ``(e) Progress Reports.--The Secretary shall submit biennial
progress reports on the implementation of the plan beginning 2 years
after the date of submittal of the plan under subsection (d) to the
Committees. The progress report shall--
            ``(1) describe progress made toward fully implementing the
        plan and achieving the policies, objectives, and goals
        established under section 303;
            ``(2) describe challenges and obstacles to full
        implementation;
            ``(3) describe updates to the plan necessary to reflect
        changed circumstances or new developments; and
            ``(4) make policy and legislative recommendations the
        Secretary believes are necessary and appropriate to fully
        implement the plan.
    ``(f) Data.--The Secretary shall have the authority to conduct
studies, gather information, and require the production of data
necessary to develop or update this plan, consistent with Federal
privacy standards.
    ``(g) Funding.--The Secretary may use such sums as may be necessary
from any funds provided to the Department of Transportation for surface
transportation programs for the purpose of completing and updating the
plan and developing and issuing the progress reports pursuant to this
section.''.
    (b) Conforming Amendments.--
            (1) Section 302(a) of title 49, United States Code, is
        amended by striking ``10101 and 13101'' and inserting ``303,
        10101, and 13101''.
            (2) Section 308, as redesignated, of title 49, United
        States Code, is amended by striking ``sections 301-304'' and
        inserting ``sections 301 through 307''.
            (3) The table of contents for chapter 3 of title 49, United
        States Code, is amended--
                    (A) by redesignating the items relating to sections
                303 through 309 as relating to sections 305 through
                312; and
                    (B) by inserting after the item relating to section
                302 the following:

``303. National surface transportation policy.
``304. National surface transportation performance plan.''.

Output:
Federal Surface Transportation Policy and Planning Act of 2009 - Declares it is U.S. policy to develop a national surface transportation system that advances the national interest and defense, interstate and foreign commerce, the efficient and safe interstate mobility of people and goods, and the protection of the environment.

Sets forth certain U.S. policy objectives and goals, including to: (1) reduce national per capita motor vehicle miles traveled annually; (2) reduce national surface transportation-generated carbon dioxide levels by 40% by 2030; (3) reduce national surface transportation (including passenger and freight) delays and congestion at U.S. points of entry; (4) increase the total usage of public transportation, intercity passenger rail services, and non-motorized transportation; and (5) ensure adequate transportation of domestic energy supplies.

Directs the Secretary of Transportation to: (1) develop performance criteria and data collections systems to evaluate the effectiveness of federal surface transportation programs; (2) implement such programs to meet the policy, objectives, goals, and performance criteria established by this Act; and (3) develop and implement a National Surface Transportation Performance Plan.

Authorizes the Secretary to amend the goals established under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhancing Renewable Energy
Investment Act''.

SEC. 2. INCREASE OF ENERGY CREDIT FOR EQUIPMENT USED TO GENERATE
              ELECTRICITY BY GEOTHERMAL POWER.

    (a) In General.--Clause (i) of section 48(a)(2)(A) of the Internal
Revenue Code of 1986 is amended--
            (1) in subclause (III), by striking ``and''; and
            (2) by adding at the end the following:
                                    ``(V) energy property described in
                                paragraph (3)(A)(iii), but only with
                                respect to periods ending before
                                January 1, 2017, and''.
    (b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.

SEC. 3. EXTENSION OF SPECIFIED ENERGY PROPERTY GRANTS IN LIEU OF
              CREDIT.

    (a) In General.--Subsection (a) of section 1603 of the American
Recovery and Reinvestment Tax Act of 2009 is amended by striking
``unless such property--'' and all that follows through the period at
the end and inserting the following: ``unless such property is placed
in service before the credit termination date with respect to such
property.''.
    (b) Effective Date.--The amendment made by this section shall apply
to grants made after the date of the enactment of this Act.

SEC. 4. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX INDIFFERENT
              PARTIES.

    (a) In General.--Subpart B of part II of subchapter E of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 457 the following new section:

``SEC. 457A. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX
              INDIFFERENT PARTIES.

    ``(a) In General.--Any compensation which is deferred under a
nonqualified deferred compensation plan of a nonqualified entity shall
be includible in gross income when there is no substantial risk of
forfeiture of the rights to such compensation.
    ``(b) Nonqualified Entity.--For purposes of this section, the term
`nonqualified entity' means--
            ``(1) any foreign corporation unless substantially all of
        its income is--
                    ``(A) effectively connected with the conduct of a
                trade or business in the United States, or
                    ``(B) subject to a comprehensive foreign income
                tax, and
            ``(2) any partnership unless substantially all of its
        income is allocated to persons other than--
                    ``(A) foreign persons with respect to whom such
                income is not subject to a comprehensive foreign income
                tax, and
                    ``(B) organizations which are exempt from tax under
                this title.
    ``(c) Determinability of Amounts of Compensation.--
            ``(1) In general.--If the amount of any compensation is not
        determinable at the time that such compensation is otherwise
        includible in gross income under subsection (a)--
                    ``(A) such amount shall be so includible in gross
                income when determinable, and
                    ``(B) the tax imposed under this chapter for the
                taxable year in which such compensation is includible
                in gross income shall be increased by the sum of--
                            ``(i) the amount of interest determined
                        under paragraph (2), and
                            ``(ii) an amount equal to 20 percent of the
                        amount of such compensation.
            ``(2) Interest.--For purposes of paragraph (1)(B)(i), the
        interest determined under this paragraph for any taxable year
        is the amount of interest at the underpayment rate under
        section 6621 plus 1 percentage point on the underpayments that
        would have occurred had the deferred compensation been
        includible in gross income for the taxable year in which first
        deferred or, if later, the first taxable year in which such
        deferred compensation is not subject to a substantial risk of
        forfeiture.
    ``(d) Other Definitions and Special Rules.--For purposes of this
section--
            ``(1) Substantial risk of forfeiture.--
                    ``(A) In general.--The rights of a person to
                compensation shall be treated as subject to a
                substantial risk of forfeiture only if such person's
                rights to such compensation are conditioned upon the
                future performance of substantial services by any
                individual.
                    ``(B) Exception for compensation based on gain
                recognized on an investment asset.--
                            ``(i) In general.--To the extent provided
                        in regulations prescribed by the Secretary, if
                        compensation is determined solely by reference
                        to the amount of gain recognized on the
                        disposition of an investment asset, such
                        compensation shall be treated as subject to a
                        substantial risk of forfeiture until the date
                        of such disposition.
                            ``(ii) Investment asset.--For purposes of
                        clause (i), the term `investment asset' means
                        any single asset (other than an investment fund
                        or similar entity)--
                                    ``(I) acquired directly by an
                                investment fund or similar entity,
                                    ``(II) with respect to which such
                                entity does not (nor does any person
                                related to such entity) participate in
                                the active management of such asset (or
                                if such asset is an interest in an
                                entity, in the active management of the
                                activities of such entity), and
                                    ``(III) substantially all of any
                                gain on the disposition of which (other
                                than such deferred compensation) is
                                allocated to investors in such entity.
                            ``(iii) Coordination with special rule.--
                        Paragraph (3)(B) shall not apply to any
                        compensation to which clause (i) applies.
            ``(2) Comprehensive foreign income tax.--The term
        `comprehensive foreign income tax' means, with respect to any
        foreign person, the income tax of a foreign country if--
                    ``(A) such person is eligible for the benefits of a
                comprehensive income tax treaty between such foreign
                country and the United States, or
                    ``(B) such person demonstrates to the satisfaction
                of the Secretary that such foreign country has a
                comprehensive income tax.
            ``(3) Nonqualified deferred compensation plan.--
                    ``(A) In general.--The term `nonqualified deferred
                compensation plan' has the meaning given such term
                under section 409A(d), except that such term shall
                include any plan that provides a right to compensation
                based on the appreciation in value of a specified
                number of equity units of the service recipient.
                    ``(B) Exception.--Compensation shall not be treated
                as deferred for purposes of this section if the service
                provider receives payment of such compensation not
                later than 12 months after the end of the taxable year
                of the service recipient during which the right to the
                payment of such compensation is no longer subject to a
                substantial risk of forfeiture.
            ``(4) Exception for certain compensation with respect to
        effectively connected income.--In the case of a foreign
        corporation with income which is taxable under section 882,
        this section shall not apply to compensation which, had such
        compensation had been paid in cash on the date that such
        compensation ceased to be subject to a substantial risk of
        forfeiture, would have been deductible by such foreign
        corporation against such income.
            ``(5) Application of rules.--Rules similar to the rules of
        paragraphs (5) and (6) of section 409A(d) shall apply.
    ``(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section, including regulations disregarding a substantial risk of
forfeiture in cases where necessary to carry out the purposes of this
section.''.
    (b) Conforming Amendment.--Section 26(b)(2) of such Code is amended
by striking ``and'' at the end of subparagraph (V), by striking the
period at the end of subparagraph (W) and inserting ``, and'', and by
adding at the end the following new subparagraph:
                    ``(X) section 457A(c)(1)(B) (relating to
                determinability of amounts of compensation).''.
    (c) Clerical Amendment.--The table of sections of subpart B of part
II of subchapter E of chapter 1 of such Code is amended by inserting
after the item relating to section 457 the following new item:

``Sec. 457A. Nonqualified deferred compensation from certain tax
                            indifferent parties.''.
    (d) Effective Date.--
            (1) In general.--Except as otherwise provided in this
        subsection, the amendments made by this section shall apply to
        amounts deferred which are attributable to services performed
        after December 31, 2008.
            (2) Application to existing deferrals.--In the case of any
        amount deferred to which the amendments made by this section do
        not apply solely by reason of the fact that the amount is
        attributable to services performed before January 1, 2009, to
        the extent such amount is not includible in gross income in a
        taxable year beginning before 2018, such amounts shall be
        includible in gross income in the later of--
                    (A) the last taxable year beginning before 2018, or
                    (B) the taxable year in which there is no
                substantial risk of forfeiture of the rights to such
                compensation (determined in the same manner as
                determined for purposes of section 457A of the Internal
                Revenue Code of 1986, as added by this section).
            (3) Accelerated payments.--No later than 120 days after the
        date of the enactment of this Act, the Secretary shall issue
        guidance providing a limited period of time during which a
        nonqualified deferred compensation arrangement attributable to
        services performed on or before December 31, 2008, may, without
        violating the requirements of section 409A(a) of the Internal
        Revenue Code of 1986, be amended to conform the date of
        distribution to the date the amounts are required to be
        included in income.
            (4) Certain back-to-back arrangements.--If the taxpayer is
        also a service recipient and maintains one or more nonqualified
        deferred compensation arrangements for its service providers
        under which any amount is attributable to services performed on
        or before December 31, 2008, the guidance issued under
        paragraph (4) shall permit such arrangements to be amended to
        conform the dates of distribution under such arrangement to the
        date amounts are required to be included in the income of such
        taxpayer under this subsection.
            (5) Accelerated payment not treated as material
        modification.--Any amendment to a nonqualified deferred
        compensation arrangement made pursuant to paragraph (4) or (5)
        shall not be treated as a material modification of the
        arrangement for purposes of section 409A of the Internal
        Revenue Code of 1986.

Output:
Enhancing Renewable Energy Investment Act - Amends the Internal Revenue Code to: (1) allow a 30% energy tax credit through 2016 for equipment used to produce electricity by geothermal power; and (2) require the inclusion in gross income for income tax purposes of employee compensation deferred under a nonqualified deferred compensation plan of certain foreign entities when there is no substantial risk of forfeiture of the rights to such compensation.

Amends the American Recovery and Reinvestment Tax Act of 2009 to allow an extension of the grant period for specified energy property in lieu of applicable tax credits.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coastal Barrier Resources
Reauthorization Act of 1999''.

SEC. 2. ADDITIONS TO COASTAL BARRIER RESOURCES SYSTEM.

    (a) Voluntary Additions.--Section 4 of the Coastal Barrier
Resources Act (16 U.S.C. 3503) is amended by adding at the end the
following:
    ``(d) Voluntary Additions to System.--The Secretary may add any
parcel of real property to the System, if--
            ``(1) the owner of the parcel requests that the Secretary
        add the parcel to the System; and
            ``(2) the parcel is a depositional geologic feature
        described in section 3(1)(A).''.
    (b) Technical Amendments Relating to Additions of Excess
Property.--
            (1) In general.--Section 4(d) of the Coastal Barrier
        Improvement Act of 1990 (16 U.S.C. 3503 note)--
                    (A) is redesignated and moved so as to appear as
                subsection (e) of section 4 of the Coastal Barrier
                Resources Act (16 U.S.C. 3503); and
                    (B) is amended--
                            (i) in paragraph (1) by striking ``one
                        hundred and eighty'' and inserting ``180'';
                            (ii) in paragraph (2) by striking
                        ``subsection (d)(1)'' and inserting ``paragraph
                        (1)''; and
                            (iii) by striking paragraph (3).
            (2) Conforming amendment.--Section 4(f) of the Coastal
        Barrier Improvement Act of 1990 (16 U.S.C. 3503 note) is
        repealed.
    (c) Notice Regarding Additions to System.--Section 4 of the Coastal
Barrier Resources Act (16 U.S.C. 3503) is further amended by adding at
the end the following:
    ``(f) Notice Regarding Additions to System.--The Secretary shall--
            ``(1) publish in the Federal Register a notice of any
        addition of property to the System under this section,
        including notice of the availability of a map showing the
        location of the property;
            ``(2) provide a copy of that map to the State and local
        government in which the property is located and the Committee
        on Resources of the House of Representatives; and
            ``(3) revise the maps referred to in subsection (a) to
        reflect the addition of the property to the System.''.
    (d) Conforming Amendment.--Subsection (a) of section 4 of the
Coastal Barrier Resources Act (16 U.S.C. 3503(a)) is amended by
striking ``, which shall consist of'' and all that follows through the
end of that subsection and inserting the following: ``, that--
            ``(1) shall consist of those undeveloped coastal barriers
        and other areas located on the coasts of the United States that
        are identified and generally depicted on the set of maps on
        file with the Secretary entitled `Coastal Barrier Resources
        System', dated October 24, 1990, as such maps may be modified,
        revised, corrected, or replaced under subsection (c), (d), or
        (e) of this section, or any other provision of law enacted on
        or after November 16, 1990, that specifically authorizes the
        modification, revision, correction, or replacement; and
            ``(2) includes areas added to the System in accordance with
        subsection (d) or (e).''.

SEC. 3. CLERICAL AMENDMENTS.

    (a) Coastal Barrier Resources Act.--The Coastal Barrier Resources
Act (16 U.S.C. 3501 et seq.) is amended--
            (1) in section 3(3) (16 U.S.C. 3502(3)), in the matter
        following subparagraph (D), by striking ``Effective October 1,
        1983, such'' and inserting ``Such''; and
            (2) by repealing section 10 (16 U.S.C. 3509).
    (b) Coastal Barrier Improvement Act of 1990.--Section 8 of the
Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note) is
repealed.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Section 12 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is
redesignated as section 10 and amended to read as follows:

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary to carry
out this Act $2,000,000 for each of fiscal years 2000, 2001, 2002,
2003, and 2004.''.

SEC. 5. DIGITAL MAPPING PILOT PROJECT.

    (a) Requirement to Undertake Project.--
            (1) In general.--The Secretary of the Interior, in
        consultation with the Director of the Federal Emergency
        Management Agency, shall undertake a pilot project to determine
        the feasibility and cost of creating digital versions of the
        Coastal Barrier Resources System maps referred to in section
        4(a)(1) of the Coastal Barrier Resources Act, as amended by
        this Act. The pilot project shall include the creation of
        digital maps for at least 5 units of the System.
            (2) Use of existing data.--(A) To the extent practicable,
        in completing the pilot project under this subsection, the
        Secretary shall use existing digital spatial data including
        digital orthophotos; shoreline, elevation, and bathymetric
        data; and electronic navigational charts in the possession of
        other Federal agencies, including the United States Geological
        Survey and the National Oceanic and Atmospheric Administration.
            (B) The head of any Federal agency that possesses digital
        spatial data referred to in subparagraph (A) shall promptly
        provide that data to the Secretary at no cost upon request by
        the Secretary.
            (3) Obtaining additional data.--If the Secretary determines
        that data necessary to complete the pilot project under this
        subsection does not exist, the Secretary shall enter into an
        agreement with the Director of the United States Geological
        Survey under which the Director shall obtain, in cooperation
        with other Federal agencies, as appropriate, and provide to the
        Secretary any digital spatial data required to carry out this
        subsection.
            (4) Data standards.--All digital spatial data used or
        created to carry out this subsection shall comply with the
        National Spatial Data Infrastructure established by Executive
        Order 12906 and any other standards established by the Federal
        Geographic Data Committee established by the Office of
        Management and Budget Circular A-16.
            (5) Digital maps not controlling.--Any determination of
        whether a location is inside or outside of the System shall be
        made without regard to the digital maps prepared under this
        subsection.
            (6) Report.--(A) Not later than 2 years after the date of
        the enactment of this Act, the Secretary shall submit a report
        to the Committee on Resources of the House of Representatives
        that describes the results of the pilot project and the
        feasibility, data needs, and costs of completing digital maps
        for the entire System.
            (B) The report shall include a description of--
                    (i) the cooperative agreements entered into by the
                Secretary with other Federal agencies to complete the
                pilot project and cooperative agreements needed to
                complete digital mapping of the entire System;
                    (ii) the availability of existing data to complete
                digital mapping of the entire System;
                    (iii) the need for additional data to complete
                digital mapping of the entire System; and
                    (iv) the funding needed to complete digital mapping
                of the entire System.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $500,000 for each of
fiscal years 2000, 2001, and 2002 to carry out the pilot project
required under this section.

SEC. 6. CORRECTIONS TO MAPS RELATING TO UNIT P19-P.

    (a) In General.--The Secretary of the Interior shall, before the
end of the 30-day period beginning on the date of the enactment of this
Act, make such corrections to the map described in subsection (b) as
are necessary to ensure that depictions of areas on that map are
consistent with the depictions of areas appearing on the map relating
to unit P19-P entitled ``Amendment to the Coastal Barrier Resources
System'' and dated September 16, 1998.
    (b) Map Described.--The map described in this subsection is the map
that--
            (1) is included in a set of maps entitled ``Coastal Barrier
        Resources System'', dated November 2, 1994; and
            (2) relates to unit P19-P of the Coastal Barrier Resources
        System.

SEC. 7. REPLACEMENT OF MAPS RELATING TO UNITS NC-03P AND L03.

    (a) In General.--The 7 maps included in the set of maps entitled
``Coastal Barrier Resources System'' and referred to in section 4(a)(1)
of the Coastal Barrier Resources Act, as amended by this Act, relating
to the portions of Coastal Barrier Resources System units NC-03P and
L03 located in Dare County, North Carolina, are hereby replaced by
other maps relating to that unit that are entitled ``DARE COUNTY, NORTH
CAROLINA, Coastal Barrier Resources System, Cape Hatteras Unit NC-03P''
or ``DARE COUNTY, NORTH CAROLINA, Coastal Barrier Resources System,
Cape Hatteras Unit NC-03P, Hatteras Island Unit L03'' and dated July 1,
1999.
    (b) Availability.--The Secretary of the Interior shall keep the
maps referred to in subsection (a) on file and available for inspection
in accordance with the provisions of section 4(b) of the Coastal
Barrier Resources Act (16 U.S.C. 3503(b)).

SEC. 8. CORRECTIONS TO MAP RELATING TO UNIT DE-03P.

    (a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary of the Interior shall make such corrections
to the map described in subsection (b) as are necessary to move on that
map the boundary of the otherwise protected area (as defined in section
12 of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note;
Public Law 101-591)) to the Cape Henlopen State Park boundary to the
extent necessary--
            (1) to exclude from the otherwise protected area the
        adjacent property leased, as of the date of enactment of this
        Act, by the Barcroft Company and Cape Shores Associates (which
        are privately held corporations under the law of the State of
        Delaware); and
            (2) to include in the otherwise protected area the
        northwestern corner of Cape Henlopen State Park seaward of the
        Lewes and Rehoboth Canal.
    (b) Map Described.--The map described in this subsection is the map
that is included in a set of maps entitled ``Coastal Barrier Resources
System'', dated October 24, 1990, as revised October 15, 1992, and that
relates to the unit of the Coastal Barrier Resources System entitled
``Cape Henlopen Unit DE-03P''.

            Passed the House of Representatives September 21, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output: Coastal Barrier Resources Reauthorization Act of 1999 - Amends the Coastal Barrier Resources Act to authorize the Secretary of the Interior to add any parcel of real property to the Coastal Barrier Resources System if the parcel's owner so requests and the parcel is a depositional geologic feature described in specified provisions. Moves from the Coastal Barrier Improvement Act of 1990 to the Coastal Barrier Resources Act provisions relating to additions to the System of excess government property and amends the Coastal Barrier Improvement Act of 1990 to repeal notice provisions relating to the moved provisions.  Amends the Coastal Barrier Resources Act to impose notice requirements regarding any System addition. (Sec. 4) Authorizes appropriations to carry out the Coastal Barrier Resources Act. (Sec. 5) Mandates a pilot project and report to a specified House of Representatives committee on the feasibility and cost of creating digital versions of System maps.  Authorizes appropriations. (Sec. 6) Mandates corrections to the System map for unit P19-P (North Captiva Island, Florida) to make that map consistent with a specified map. (Sec. 7) Replaces seven System maps relating to units NC-03P and L03 in Dare County, North Carolina, with other specified maps. (Sec. 8) Directs the Secretary of the Interior to make corrections to a specified Coastal Barrier Resources map as necessary to move the boundary of the otherwise-protected area to the Cape Henlopen Sate Park boundary to the extent necessary to exclude from the otherwise- protected area the adjacent property leased by the Barcroft Company and Cape Shores Associates, privately held corporations under the law of the State of Delaware, and to include in the otherwise-protected area the northeastern corner of Cape Henlopen State Park seaward of the Lewes and Rehoboth Canal.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Good Neighbor Social Security Office
and Community Protection Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds that:
            (1) As of March 2012, more than 61,000,000 Americans
        received benefits from the Social Security Administration.
            (2) Americans depend upon convenient access to Social
        Security Administration field offices.
            (3) The Social Security Administration faces growing
        financial constraints consistent with the fiscal emergency
        faced by the Nation.
            (4) Americans rightly expect the Social Security
        Administration to meet its financial objectives through methods
        that preserve service standards to the highest degree possible.
            (5) The Social Security Administration is in the process of
        closing large numbers of field offices in an effort that is
        expected to last several years.
            (6) The Social Security Administration is closing field
        offices without adequate community input and process
        transparency.
            (7) The shortcomings in the Social Security
        Administration's process for closing field offices are due in
        part to an absence of a statutorily defined field office
        closure procedures that protect the interests of all interested
        parties.
            (8) Social Security beneficiaries and the communities
        surrounding Social Security field offices deserve notice of
        office closures, an opportunity to offer comment and have those
        comments given due consideration, and a clear plan to minimize
        service disruption from an office closure.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the
        Social Security Administration.
            (2) Closure.--The term ``closure'' includes any
        realignment, consolidation, or merger of an Administration
        field office.
            (3) Commissioner.--The term ``Commissioner'' means the
        Commissioner of Social Security.
            (4) State.--The term ``State'' means each of the 50 States,
        the District of Columbia, the Commonwealth of Puerto Rico, the
        United States Virgin Islands, Guam, American Samoa, and the
        Commonwealth of the Northen Mariana Islands.

SEC. 4. GUIDELINES AND STANDARDIZED PROCEDURES FOR CLOSURE OF SOCIAL
              SECURITY ADMINISTRATION FIELD OFFICES.

    (a) Guidelines for Identification of Offices for Possible
Closure.--Not later than 180 days after the date of enactment of this
Act, the Commissioner shall develop and publish--
            (1) financial guidelines that may be used to identify
        Administration field offices for possible closure; and
            (2) standardized closure procedures that meet the
        requirements of section 5.
    (b) Non-Binding.--The financial guidelines and standardized closure
procedures developed under subsection (a) shall provide that
identification of an Administration field office for possible closure
shall not require the Commissioner to begin closure procedures for any
field office identified as a result of the application of such
guidelines or the initiation of such procedures.

SEC. 5. REQUIREMENTS FOR CLOSURE OF SOCIAL SECURITY ADMINISTRATION
              FIELD OFFICES.

    (a) Office Closure and Service Continuity Proposal.--In any case
where the Commissioner has identified an Administration field office
for possible closure as a result of the application of the financial
guidelines developed under section 4 and decides to initiate procedures
to close that field office, the Commissioner shall develop an office
closure and service continuity proposal for the office that contains
the following information:
            (1) The financial justification for the proposed office
        closure, with estimated savings in costs relating to real
        estate, labor, and miscellaneous expenses.
            (2) The estimated cost of the office closure.
            (3) Data for monthly customer traffic at the office.
            (4) The location of the two nearest Administration field
        offices that would remain open after the office closure.
            (5) The estimated travel time, by private vehicle and
        public transit, from the Administration field office proposed
        for closure and the two nearest Administration field offices
        that would remain open after the office closure.
            (6) The steps the Administration plans to take to mitigate
        any hardship created by the office closure.
            (7) The names and addresses of governmental agencies and
        community organizations to be notified in accordance with
        subsection (b).
            (8) The postal and electronic addresses for which public
        comments may be sent in accordance with subsection (c).
    (b) Notices Required Prior to Final Closure Decision.--
            (1) In general.--Not less than 90 days prior to the
        proposed closure date for an Administration field office, the
        Commissioner shall--
                    (A) provide copies of the office closure and
                service continuity proposal developed for the
                Administration field office to--
                            (i) the chief executive office of the State
                        in which field office proposed for closure is
                        located;
                            (ii) the chief executive officers for the
                        county and city government jurisdictions in
                        which the field office proposed for closure is
                        located; and
                            (iii) the head of the social services
                        agencies that receive Federal funds that are
                        located within a 10-mile radius of the field
                        office proposed for closure;
                    (B) publish the proposal in newspapers whose
                circulation area includes areas served by the field
                office proposed for closure; and
                    (C) broadcast the proposal over Federally licensed
                radio stations whose broadcast area includes areas
                served by the field office proposed for closure.
            (2) Records.--The Commissioner shall maintain records of
        the dates on which the notices, publications, and broadcasts
        required under paragraph (1) are made.
    (c) Public Comment Required Prior to Final Closure Decision.--
            (1) In general.--The Commissioner shall hold at least 1
        hearing at which public comments may be made prior making any
        final decision to close an Administration field office. The
        Commissioner also shall provide postal and electronic addresses
        for which written comments regarding the proposed closure may
        be submitted.
            (2) Notice.--The date and time for the public comment
        hearing on the proposed closure of an Administration field
        office shall be included in the notices, publications, and
        broadcasts required under subsection (b).
            (3) Timing.--The public comment hearing shall be held at
        least 21 days after notice of the date and time for the hearing
        is made in accordance with paragraph (2) and at least 60 days
        prior to the proposed closure date for the Administration field
        office.
            (4) Attendance.--The Regional Commissioner for the region
        in which the Administration field office proposed for closure
        is located shall attend the public comment hearing. Only in
        cases where Regional Commissioner is, in good faith, unable to
        attend the hearing, may a designated representative attend the
        public comment hearing in lieu of the Regional Commissioner.
            (5) Format.--The public comment hearing shall be conducted
        as follows:
                    (A) The hearing shall begin with a presentation by
                the Commissioner of the case for closure of the field
                office.
                    (B) The hearing shall then provide at least 1 hour
                following the conclusion of the presentation of the
                case for closure for comments from elected officials.
                    (C) Following the conclusion of the period for
                comment from elected officials, the hearing shall then
                provide at least 1 hour for comments from the public.
            (6) Records.--The Commissioner shall maintain a record of
        the comments provided at the hearing and shall include in the
        record any written comments received regarding the proposed
        closure of the field office. The Commissioner shall publish the
        record on the Administration Web site within 5 days after the
        conclusion of the public comment hearing.
    (d) Final Closure Decision.--
            (1) In general.--The Commissioner shall issue a final
        closure decision regarding an Administration field office only
        after review of the comments received regarding the closure and
        evaluation of any alternatives to closing the office that are
        made at the public comment hearing or through written
        submission.
            (2) Notice.--Notice of the Commissioner's final closure
        decision with respect to an Administration field office shall
        be published on the Administration Web site and shall be
        distributed, published, and broadcast in the same manner as
        notice of the office closure and service continuity proposal is
        made under subsection (b).
            (3) Decision to close.--If the Commissioner's final closure
        decision is to close a field office, the Commissioner shall
        amend the office closure and service continuity proposal for
        the field office to incorporate additional information obtained
        during the public comment period.
            (4) Timing.--Notice of the Commissioner's final closing
        decision shall be provided at least 45 days prior to a closing
        date for a field office.
    (e) Additional Requirements.--The Commissioner shall continue to
operate an Administration field office proposed for closure in good
faith and with the assumption of continued service, until notice of the
Commissioner's final closure decision is made. The Commissioner shall
not take any action to close an Administration field office prior to
providing notice of the Commissioner's final closure decision,
including--
            (1) terminating or providing notice to terminate any real
        estate lease, rental, or similar arrangement;
            (2) concluding agreements with collective bargaining units
        related to the office closure;
            (3) making expenditures related to the proposed office
        closure, except those necessary to fulfill the requirements of
        this Act; and
            (4) entering into contracts related to the proposed office
        closure, except those necessary to fulfill the process
        requirements of this Act.
    (f) Extensions of Time for Closure.--The Commissioner may--
            (1) toll any time periods for action established by this
        Act, provided that an equivalent delay in the proposed closing
        date is made; and
            (2) delay the proposed closing date for an Administration
        field office at any time in the closing process, including, if
        the final closure decision is to close the office, after making
        that decision.

SEC. 6. NON-APPLICABILITY TO DISPOSAL OF REAL PROPERTY RELATED TO
              CLOSED OFFICES.

    Nothing in this Act shall be construed to prevent or delay the
speedy disposal of surplus Government real property, including any
Administration field offices closed in accordance with the requirements
of this Act.

Output:
Good Neighbor Social Security Office and Community Protection Act of 2012 - Directs the Commissioner of Social Security to develop and publish: (1) financial guidelines that may be used to identify Social Security Administration field offices for possible closure, and (2) standardized closure procedures that meet certain requirements.

Requires such guidelines and procedures to provide that identification of an Administration field office for possible closure shall not require the Commissioner to begin closure procedures for it.

Requires the Commissioner to: (1) develop an office closure and service continuity proposal for any office so identified which the Commissioner decides to close that contains, among other specified items, the estimated cost of the closure; (2) notify state and local chief executive offices and the public before closure; (3) require the Commissioner to hold at least one hearing to take public comments before making a final decision to close a field office; (5) issue a final closure decision only after review of such comments and evaluation of any alternatives to closing the office; and (6) continue to operate an office proposed for closure in good faith and with the assumption of continued service until the notice of the Commisioner's final closure decision is made.