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Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Landowners Equal Treatment Act of 
1999''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds and declares the following:
            (1) The Secretary of the Interior, through the United 
        States Fish and Wildlife Service, recently demanded and 
        received compensation for the loss of use of federally owned 
        property resulting from constructive use of the property for 
        other public purposes, in an amount of approximately 
        $26,000,000.
            (2) The Secretary of Transportation has promulgated a 
        regulation allowing for compensation of Federal agencies for 
        the lost use of agency property for public purposes, through a 
        definition of the term ``constructive use'' that includes off-
        site impacts of Federal agency actions on federally owned 
        property.
            (3) The Federal Government enjoys no right under the 
        Constitution to compensation for use of Federal agency property 
        for other public purposes, while the rights of private persons 
        to be compensated for the taking of their property by the 
        Government for a public purpose is a fundamental right 
        protected by the Fifth and Fourteenth Amendments to the 
        Constitution.
            (4) Private property owners should be compensated in a 
        manner that is at least as equitable as the compensation 
        afforded to Federal agencies when their property is used or 
        constructively used for other public purposes.
            (5) Fair and equitable treatment of private property owners 
        will increase the willingness of private property owners to 
        provide habitat for wildlife and plants protected under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (b) Purpose.--The purpose of this Act is to increase the efforts of 
private property owners to protect and restore habitat for wildlife, by 
ensuring that their constitutional and legal property rights will be 
honored, respected, and protected in the implementation of the 
Endangered Species Act of 1973.

SEC. 3. MINIMIZING IMPACTS ON PRIVATE PROPERTY.

    The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is 
amended by adding at the end the following new section:

                ``minimizing impacts on private property

    ``Sec. 19. (a) In General.--In implementing this Act, the head of 
an agency shall make every possible effort to avoid, minimize, or 
mitigate impacts on non-Federal property that result in Federal use of 
the property as a direct result of the action of the agency head under 
this Act or in furtherance of the purposes of this Act. An agency shall 
not take action that results in a Federal use of non-Federal property 
under this Act unless the agency--
            ``(1) obtains the written permission of its owner;
            ``(2) negotiates a voluntary agreement authorizing that 
        use; or
            ``(3) pays compensation in accordance with this section.
    ``(b) Compensation for Federal Use of Non-Federal Property.--An 
agency that takes action under this Act or in furtherance of the 
purposes of this Act that results in a Federal use of non-Federal 
property or any portion of non-Federal property without the written 
consent of the owner of the property shall compensate the owner for the 
fair market value of the Federal use of the property or portion. 
Compensation paid shall reflect the duration of the Federal use as 
necessary to achieve the purposes of this Act.
    ``(c) Request of Owner.--An owner of non-Federal property seeking 
compensation under this section shall make a written request for 
compensation to the agency implementing the agency action resulting in 
the Federal use of property. The request shall, at a minimum, identify 
the affected portion of the property, the nature of the Federal use of 
non-Federal property for which the compensation is sought, and the 
amount of compensation sought.
    ``(d) Negotiations.--The agency may negotiate with the owner to 
reach agreement on the amount of the compensation under this section, 
the terms of any agreement for payment, and the terms of any Federal 
use of non-Federal property for which compensation is paid. If such an 
agreement is reached, the agency shall within 6 months pay the owner 
the amount agreed upon. An agreement under this section may include a 
transfer of title or an agreement to limit the period of time of the 
Federal use of non-Federal property.
    ``(e) Choice of Remedies.--If, not later than 180 days after the 
written request is made, the parties have not reached an agreement on 
compensation, the owner of the property may elect binding arbitration 
or seek compensation due under this section in a civil action.
    ``(f) Arbitration.--The procedures that govern the arbitration 
shall, as nearly as practicable, be those established under title 9, 
United States Code, for arbitration proceedings to which that title 
applies. An award made in such arbitration shall include a reasonable 
attorney's fee and other arbitration costs, including appraisal fees. 
The agency shall promptly pay any award made to the owner.
    ``(g) Civil Actions.--A civil action to enforce this section may be 
filed under section 11(g). An owner who prevails in a civil action 
against the agency pursuant to this section shall be entitled to, and 
the agency shall be liable for, the amount of compensation awarded plus 
reasonable attorney's fees and other litigation costs, including 
appraisal fees. The court shall award interest on the amount of any 
compensation from the time of the Federal use of non-Federal property.
    ``(h) Source of Payments.--Any payment made under this section to 
an owner of property and any judgment obtained by an owner of property 
in a civil action under this section shall, notwithstanding any other 
provision of law, be made from the annual appropriation of the agency 
that took the agency action giving rise to the payment or civil action. 
If the agency action resulted from a requirement imposed by another 
agency, then the agency making the payment or satisfying the judgment 
may seek partial or complete reimbursement from the appropriated funds 
of the other agency. For this purpose, the head of the agency concerned 
may transfer or reprogram any appropriated funds available to the 
agency. If insufficient funds exist for the payment or to satisfy the 
judgment, it shall be the duty of the head of the agency to seek the 
appropriation of such funds for the next fiscal year.
    ``(i) Availability of Appropriations.--Notwithstanding any other 
provision of law, any obligation of the United States to make any 
payment under this section shall be subject to the availability of 
appropriations.
    ``(j) Duty of Notice to Owners.--An agency may not take any action 
that is a Federal use of non-Federal property unless the agency has 
given 30 days notice to each owner of the property directly affected 
explaining their rights under this section and either obtaining their 
permission for the Federal use or providing the procedures for 
obtaining any compensation that may be available under this section.
    ``(k) Rules of Construction.--The following rules of construction 
shall apply to this Act:
            ``(1) Other rights preserved.--Nothing in this Act shall be 
        construed to limit any right to compensation that exists under 
        the Constitution or under other laws.
            ``(2) Extent of federal authority.--Payment of compensation 
        under this section (other than when property is bought by the 
        Federal Government at the option of the owner) shall not confer 
        any rights on the Federal Government other than the Federal use 
        of non-Federal property agreed to so that the agency action may 
        achieve the species conservation purposes of this Act.
    ``(l) Definitions.--For the purposes of this section:
            ``(1) Agency.--The term `agency' has the meaning given that 
        term in section 551 of title 5, United States Code.
            ``(2) Federal use.--(A) The term `Federal use' means--
                    ``(i) any action under this Act to--
                            ``(I) permanently incorporate non-Federal 
                        property into a Federal facility;
                            ``(II) place non-Federal property under the 
                        control of the Secretary; or
                            ``(III) temporarily occupy non-Federal 
                        property in a manner that is adverse to the 
                        constitutional right of the owner of the 
                        property against taking of the property by the 
                        Federal Government; and
                    ``(ii) any constructive use of non-Federal 
                property.
            ``(B) In this paragraph the term `constructive use' means 
        any action described in subparagraph (C) taken under this Act 
        that results in--
                    ``(i) substantial diminution in the normal or 
                reasonably expected uses of non-Federal property;
                    ``(ii) a reduction in the fair market value of non-
                Federal property of 25 percent or more; or
                    ``(iii) in the case of the right to receive water, 
                any diminution in the quantity of water received or 
                available for use.
            ``(C) The actions referred to in subparagraph (B) are the 
        following:
                    ``(i) The imposition or enforcement of a 
                prohibition of use of non-Federal property the purpose 
                of which is to provide or retain habitat for any 
                species of wildlife or plant determined to be an 
                endangered species or threatened species.
                    ``(ii) A designation of non-Federal property as 
                critical habitat under this Act.
                    ``(iii) The denial of a permit under section 10 
                that results in the loss of the ability to use non-
                Federal property in order to provide habitat for 
                wildlife or plants.
                    ``(iv) An agency action pursuant to a reasonable 
                and prudent alternative suggested by the Secretary 
                under section 7, that would cause an agency to restrict 
                the use of non-Federal property.
                    ``(v) The imposition by any governmental entity of 
                a limitation or restriction on an otherwise permissible 
                use of non-Federal property by the owner of the 
                property, as a condition of a Federal agency providing 
                any land, money, permit, or other benefit to the 
                governmental entity, if imposition of the limitation or 
                restriction by the agency directly would constitute a 
                Federal use of non-Federal property under the other 
                provisions of this paragraph, unless the governmental 
                entity has some other legal basis for imposing the 
                limitation or restriction.
            ``(3) Fair market value.--The term `fair market value' 
        means the most probable price at which property or a right to 
        use property would change hands, in a competitive and open 
        market under all conditions requisite to fair sale, between a 
        willing buyer and willing seller, neither being under any 
        compulsion to buy or sell and both having reasonable knowledge 
        of relevant facts, and without regard to the presence of any 
        species protected under this Act. With respect to a right to 
        use property, fair market value shall be determined on or 
        immediately before the exercise of the right.
            ``(4) Law of the state.--The term `law of the State' 
        includes the law of a political subdivision of a State.
            ``(5) Non-federal property.--The term `non-Federal 
        property' means property which is owned by a person other than 
        any Federal entity of government.
            ``(6) Property.--The term `property' means land, an 
        interest in land, the right to use or receive water, and any 
        personal property, as defined under the law of the State.''.

A: Landowners Equal Treatment Act of 1999 - Amends the Endangered Species Act of 1973 to require the head of an agency to make every possible effort to avoid, minimize, or mitigate impacts on non-Federal property that result from Federal use of the property (including constructive use) as a direct result of an agency action under such Act (including actions to provide or retain habitat for endangered or threatened species or to designate non-Federal property as critical habitat).  Prohibits an agency from taking action under such Act that results in a Federal use of non-Federal property unless it: (1) obtains the landowner's permission; (2) negotiates a voluntary agreement authorizing such use; or (3) compensates the landowner for the fair market value of the Federal use.  Sets forth provisions governing landowner requests for compensation, compensation negotiations, arbitration or civil actions to resolve compensation disagreements, and payment of compensation from an agency's annual appropriations. 
Prohibits an agency from taking any action that is a Federal use of non-Federal property unless it has given 30 days notice to each property owner directly affected explaining their rights and either obtaining their permission or providing procedures for obtaining compensation.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Government Shutdowns Act''.

SEC. 2. AUTOMATIC CONTINUATION OF FEDERAL FUNDING.

    (a) In General.--If, as a result of a failure to enact a regular or 
continuing appropriation Act or joint resolution, there is a lapse in 
appropriations for any projects or activities of the Federal Government 
that were conducted in the previous fiscal year, and for which 
appropriations, funds, or other authority were made available in such 
fiscal year, there is appropriated, out of any money in the Treasury 
not otherwise appropriated, and out of applicable corporate or other 
revenues, receipts, and funds, such amounts as may be necessary for 
continuing such projects or activities (including the costs of direct 
loans and loan guarantees), at the current rate for operations and 
under the authority and conditions provided in the applicable 
appropriation Act or Acts that provided funds for the project or 
activity for the previous fiscal year.
    (b) Continuation Period.--Appropriations and funds made available 
and authority granted for a project or activity pursuant to this Act 
shall be available until whichever of the following first occurs:
            (1) the enactment into law of an appropriation for such 
        project or activity;
            (2) the enactment into law of the applicable appropriation 
        Act for such fiscal year without any provision for such project 
        or activity; or
            (3) the last day of the fiscal year for which such 
        appropriations and funds are made available or such authority 
        is granted for such project or activity pursuant to subsection 
        (a).

SEC. 3. AVAILABILITY OF FUNDS.

    (a) Extent and Manner.--Appropriations made by section 2(a) shall 
be available to the extent and in the manner that would be provided by 
the applicable appropriation Act.
    (b) Coverage.--Appropriations made and authority granted pursuant 
to this Act shall cover all obligations or expenditures incurred for 
any project or activity during the period for which funds or authority 
for such project or activity are available under this Act.

SEC. 4. USE OF FUNDS.

    (a) No New Starts.--No appropriation or funds made available or 
authority granted pursuant to section 2(a) shall be used to initiate or 
resume any project or activity for which appropriations, funds, or 
other authority were not available during the previous fiscal year.
    (b) Apportionment Timing.--Appropriations made and funds made 
available by or authority granted pursuant to this Act may be used 
without regard to the time limitations for submission and approval of 
apportionments set forth in section 1513 of title 31, United States 
Code, but nothing in this Act may be construed to waive any other 
provision of law governing the apportionment of funds.
    (c) High Rates for Operation.--Notwithstanding any other provision 
of this Act, except section 2(b), for those programs that would 
otherwise have high rates for operation or complete distribution of 
appropriations in the period for which appropriations for such programs 
are made available under this Act because of distributions of funding 
to States, foreign countries, grantees, or others, such high initial 
rates for operation or complete distribution shall not be made, and no 
grants shall be awarded for such programs funded by this Act that would 
impinge on final funding prerogatives.
    (d) Limited Funding Actions.--This Act shall be implemented so that 
only the most limited funding action of that permitted in the Act shall 
be taken in order to provide for continuation of projects and 
activities.
    (e) Prevention of Furloughs.--Amounts made available under section 
2(a) for civilian personnel compensation and benefits in each 
department and agency may be apportioned up to the rate for operations 
necessary to avoid furloughs within such department or agency, 
consistent with the applicable appropriation Act for the previous 
fiscal year, except that such authority provided under this section 
shall not be used until after the department or agency has taken all 
necessary actions to reduce or defer non-personnel-related 
administrative expenses.
    (f) Pay for Members of the Armed Forces.--During a period in which 
appropriations are made available under this Act for the pay of members 
of the Armed Forces, the rate of pay for such members shall not be 
decreased by reason of this Act.
    (g) Application of Certain Authorization Requirements.--Funds 
appropriated by this Act may be obligated and expended notwithstanding 
section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), 
section 313 of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National 
Security Act of 1947 (50 U.S.C. 414(a)(1)).

SEC. 5. ADJUSTMENT OF ACCOUNTS.

    Expenditures made pursuant to this Act shall be charged to the 
applicable appropriation, fund, or authorization whenever a bill in 
which such applicable appropriation, fund, or authorization is 
contained is enacted into law.

SEC. 6. ENTITLEMENTS AND OTHER MANDATORY PROGRAMS.

    (a) For entitlements and other mandatory payments whose budget 
authority was provided in previous appropriation Acts, and for 
activities under the Food and Nutrition Act of 2008, activities shall 
be continued at the rate to maintain program levels under current law, 
under the authority and conditions provided in the applicable 
appropriation Act for the previous fiscal year, to be continued through 
the date on which appropriations for such programs under this Act 
expire (as specified in section 2(b)).
    (b) Notwithstanding section 2(b)(3), obligations for mandatory 
payments due on or about the first day of any month that begins after 
the first month in which appropriations for such programs are made 
under this Act but not later than 30 days after the date on which 
appropriations for such programs under this Act expire (as specified in 
section 2(b)(3)) may continue to be made, and funds shall be available 
for such payments.

A: Stop Government Shutdowns Act - Appropriates amounts for continuing federal projects and activities at the current rate for operations and under the authority and conditions provided in the applicable appropriation Act or Acts that provided funds for them for the previous fiscal year if, as a result of a failure to enact a regular or continuing appropriation Act or joint resolution, there is a lapse in appropriations for such projects or activities.

 Makes appropriations, funds, and authority granted in this Act available until the earliest of: (1) the enactment into law of an appropriation for the project or activity concerned, (2) the enactment into law of the applicable appropriation Act for such fiscal year without any provision for such project or activity, or (3) the last day of the fiscal year for which such appropriations and funds are made available or such authority is granted for such project or activity.

Prohibits appropriations or funds made available or authority granted pursuant to this Act from being used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the previous fiscal year.

Authorizes the use of appropriations or funds made available or authority granted without regard to specified time limitations for submission and approval of apportionments requirements; but declares that nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds.

Prescribes requirements for: (1) denial of high rates for operation or complete distribution of appropriations in the lapsed-appropriations period, (2) the most limited funding action for continuation of projects and activities, and (3) apportionment of funds for civilian personnel compensation and benefits as necessary to avoid furloughs. Prohibits any decrease in the pay for members of the Armed Forces during a lapsed-appropriations period.

Requires expenditures made pursuant to this Act to be charged to the applicable appropriation, fund, or authorization whenever an appropriations bill is subsequently enacted into law.

Continues at a specified maintenance rate, through the date on which appropriations for such programs under this Act expires, certain activities with respect to entitlements and other mandatory payments whose budget authority was provided in previous appropriations Acts, as well as for activities under the Food and Nutrition Act of 2008.
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Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Tampering of Prescription Pills 
Act of 2013''.

SEC. 2. ABUSE-DETERRENT TECHNOLOGY.

    (a) Definition.--Section 201 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the 
following:
    ``(ss) The term `abuse-deterrent drug' means a drug that--
            ``(1) contains as an active moiety a controlled substance 
        that has been classified as opium, an opiate, or a derivative 
        thereof, as such terms are defined or used in section 102 of 
        the Controlled Substances Act;
            ``(2) has been formulated for oral administration; and
            ``(3)(A) exhibits physicochemical properties (demonstrated 
        by in vitro, in vivo, or other testing, or some combination 
        thereof, as determined appropriate by the Secretary) that make 
        product manipulation significantly more difficult or 
        ineffective in altering the characteristics of the drug for 
        purposes of misuse or abuse when compared to drugs without such 
        properties; or
            ``(B) contains one or more additional active or inactive 
        ingredients that are intended to deter abuse through potential 
        pharmacological effects, the effectiveness of which has been 
        demonstrated by at least one adequate and well-controlled 
        investigation.''.
    (b) Required Information in Application for Approval of Brand Name 
Drugs.--Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 355(b)) is amended by adding at the end the following:
            ``(7) Abuse-deterrent drugs.--If an application submitted 
        under this subsection is potentially subject to refusal under 
        subsection (d)(7), the application shall include such 
        information as the Secretary determines necessary to 
        demonstrate that the application is not subject to such 
        refusal.''.
    (c) Approval of New Brand Name Drugs.--Section 505(d) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(d)) is amended--
            (1) by inserting ``(7)(A) such drug has been formulated for 
        oral administration; (B) such drug contains as an active moiety 
        a controlled substance that has been classified as opium, an 
        opiate, or a derivative thereof, as such terms are defined or 
        used in section 102 of the Controlled Substances Act; (C) such 
        drug is not an abuse-deterrent drug; and (D) the Secretary has 
        previously approved pursuant to an application submitted under 
        subsection (b) or (j) a drug that (i) contains the same active 
        moiety; (ii) is an abuse-deterrent drug, and (iii) has not been 
        discontinued from marketing; or'' after ``(6) the application 
        failed to contain the patent information prescribed by 
        subsection (b); or'';
            (2) by striking ``(7) based on fair'' and inserting ``(8) 
        based on fair'';
            (3) by striking ``clauses (1) through (6)'' and inserting 
        ``paragraphs (1) through (7)''; and
            (4) by inserting ``The Secretary may issue an order 
        approving an application, even if paragraph (7) applies, upon a 
        finding that paragraphs (1) through (6) and paragraph (8) do 
        not apply and that such approval is necessary either to prevent 
        or alleviate a drug shortage or to otherwise address a 
        significant unmet public health need.'' before ``As used in 
        this subsection and subsection (e)''.
    (d) Generic Drugs.--Section 505(j) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 355(j)) is amended--
            (1) in paragraph (2)--
                    (A) subparagraph (A)--
                            (i) in clause (vii), by striking ``and'' at 
                        the end;
                            (ii) in clause (viii), by striking the 
                        period at the end and inserting ``; and'';
                            (iii) by inserting after clause (viii) the 
                        following:
            ``(ix) if the listed drug is an abuse-deterrent drug due to 
        its physicochemical properties, information from comparative in 
        vitro, in vivo, or other testing, or some combination thereof, 
        as appropriate based on the type of data submitted for the 
        listed drug, that demonstrates the new drug resists 
        manipulation or the effect of manipulation to a degree at least 
        comparable to the listed drug.''; and
                            (iv) in the continuation text at the end of 
                        the subparagraph, by striking ``clauses (i) 
                        through (viii)'' and inserting ``clauses (i) 
                        through (ix)'';
                    (B) in subparagraph (C)--
                            (i) in clause (i), by striking ``or'' at 
                        the end;
                            (ii) in clause (ii), by striking the period 
                        at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
            ``(iii) that the listed drug is an abuse-deterrent drug and 
        one or more of the new drug's active moieties differ in any 
        material respect (in amount or otherwise) from those of the 
        listed drug.'';
            (2) in paragraph (5), by adding at the end the following:
    ``(G) If a drug has been approved pursuant to an application 
submitted under paragraph (2), and thereafter the listed drug referred 
to in the application becomes an abuse-deterrent drug, the drug so 
approved shall not be considered to be bioequivalent to, or to have the 
same therapeutic effect as, the listed drug (as described in paragraph 
(2)(A)(iv)) unless and until the drug so approved has been found by the 
Secretary to meet the requirements of paragraph (2)(A)(ix).''; and
            (3) in paragraph (6)--
                    (A) by striking ``(6) If a drug'' and inserting 
                ``(6)(A) If a drug'';
                    (B) by striking ``(A) for the'' and inserting ``(i) 
                for the'';
                    (C) by striking ``(B) if the'' and inserting ``(ii) 
                if the''; and
                    (D) by adding at the end the following:
    ``(B) For purposes of this paragraph and paragraph (7)(C), a 
withdrawal or suspension of a drug formulated for oral administration 
shall be considered to have been for safety or effectiveness reasons 
if--
            ``(i) the approval of a listed drug, which is not an abuse-
        deterrent drug, is withdrawn or suspended, or a listed drug, 
        which is not an abuse-deterrent drug, is withdrawn from sale; 
        and
            ``(ii) the Secretary has previously approved pursuant to an 
        application under subsection (b) a drug that--
                    ``(I) is in the same dosage form;
                    ``(II) contains the same controlled substance as an 
                active moiety;
                    ``(III) is an abuse-deterrent drug; and
                    ``(IV) has not been discontinued from marketing.''.
    (e) Withdrawal of Previously Approved Brand Name and Generic 
Drugs.--Section 505(e) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 355(e)) is amended--
            (1) by inserting ``or (6)(A) the drug contains as an active 
        moiety a controlled substance that has been classified as 
        opium, an opiate, or a derivative thereof, as such terms are 
        defined or used in section 102 of the Controlled Substances 
        Act; (B) the drug is formulated for oral administration; (C) 
        the drug is not an abuse-deterrent drug; and (D) the Secretary 
        has previously approved pursuant to an application submitted 
        under subsection (b) or (j) a drug that contains the same 
        active moiety, is an abuse-deterrent drug, and has not been 
        discontinued from marketing'' before ``: Provided,''; and
            (2) by adding at the end the following: ``The Secretary may 
        waive the application of paragraph (6) of the first sentence of 
        this subsection in the case of a drug intended for use in a 
        special needs population. In withdrawing (under paragraph (6) 
        of the first sentence of this subsection) the approval of an 
        application with respect to any drug, the Secretary shall, on a 
        case-by-case basis, delay the effective date of such withdrawal 
        for a period deemed sufficient by the Secretary to give the 
        sponsor an opportunity to obtain approval under this section 
        for a formulation of the drug meeting the criteria described in 
        paragraph (2) of the definition of a `abuse-deterrent drug' in 
        section 201(ss).''.
    (f) Listed Drugs.--Section 505(j)(7) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the 
following:
    ``(D) Beginning 60 days after the date of the enactment of the Stop 
Tampering of Prescription Pills Act of 2013, the Secretary shall--
            ``(i) include in the list under subparagraph (A) a list of 
        each drug or category of drugs which the Secretary has found to 
        be abuse-deterrent drugs; and
            ``(ii) update the list under subparagraph (A)--
                    ``(I) to remove from the list of abuse-deterrent 
                drugs any drug the Secretary later determines is not an 
                abuse-deterrent drug; and
                    ``(II) as required by subparagraph (C) to reflect 
                the application of paragraph (6)(B) to drugs that are 
                withdrawn or suspended.''.

A:
Stop Tampering of Prescription Pills Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act to prescribe new drug application requirements for abuse-deterrent drugs: (1) containing as an active moiety (the part of the drug that makes it work the way it does) a controlled substance classified as opium, an opiate, or a derivative; (2) formulated for oral administration; (3) exhibiting physicochemical properties making them significantly more difficult or ineffective in altering the drug's characteristics for purposes of misuse or abuse; and (4) containing one or more additional ingredients intended to deter abuse through potential pharmacological effects. Requires the Secretary to refuse a new drug application for any new (brand name) drug containing opium, an opiate, or a derivative as an active moiety that is not abuse-deterrent if an abuse-deterrent drug containing the same active moiety has been approved and has not been discontinued from marketing. Authorizes the Secretary to approve an application failing to meet such requirements, however, if approval is necessary to prevent or alleviate a drug shortage or otherwise address a significant unmet public health need. Requires an abbreviated new (generic) drug application for an abuse-deterrent drug to include testing information demonstrating that the generic drug resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug. Authorizes the Secretary to deny approval of a generic application if the listed drug is abuse-deterrent and one or more of the generic drug's active moieties differ in any material respect from those of the listed drug. Declares that an approved generic drug shall not be considered bioequivalent to, or as having the same therapeutic effect as, a listed drug if the listed drug becomes abuse-deterrent unless and until the generic drug demonstrates that it resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug. Prescribes requirements governing when a drug which is not abuse-deterrent may have its approval withdrawn or suspended.
****