SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Strategic Partnership Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The people and the Governments of the United States and Israel share a deep and unbreakable bond, forged by over 60 years of shared interests and shared values. (2) Today, the people and Governments of the United States and Israel are facing a dynamic and rapidly changing security environment in the Middle East and North Africa, necessitating deeper cooperation on a range of defense, security, and intelligence matters. (3) From Gaza, Hamas continues to deny Israel's right to exist and persists in firing rockets indiscriminately at population centers in Israel. (4) Hezbollah--with support from Iran--continues to stockpile rockets and may be seeking to exploit the tragic and volatile security situation within Syria. (5) The Government of Iran continues to pose a grave threat to the region and the world at large with its reckless uranium enrichment program and defiance of multiple United Nations Security Council resolutions. (6) The civil war in Syria is threatening the security of Syria's chemical weapons arsenal, which could be deployed against its own people or fall into the hands of terrorists. (7) Given these challenges, it is imperative that the United States continue to deepen cooperation with allies like Israel in pursuit of shared policy objectives. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to reaffirm the unwavering support of the United States for the security of Israel as a Jewish state; (2) to reaffirm the principals and objectives enshrined in the United States-Israel Enhanced Security Cooperation Act of 2012 (Public Law 112-150) and ensure its implementation to the fullest extent; (3) to reaffirm the importance of the 2007 United States- Israel Memorandum of Understanding on United States assistance to Israel and the semi-annual Strategic Dialogue between the United States and Israel; (4) to pursue every opportunity to deepen cooperation with Israel on a range of critical issues including defense, homeland, energy, and cyber security; (5) to continue to provide Israel with robust security assistance, including for the development, procurement, and maintenance of the Iron Dome Missile Defense System; and (6) to support the Government of Israel in its ongoing efforts to reach a negotiated political settlement with the Palestinian people that results in two states living side-by- side in peace and security. SEC. 4. SENSE OF CONGRESS ON ISRAEL AS A MAJOR STRATEGIC PARTNER. It is the sense of Congress that Israel is a Major Strategic Partner. SEC. 5. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY. (a) Department of Defense Appropriations Act, 2005.--Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) is amended by striking ``more than 10 years after'' and inserting ``more than 11 years after''. (b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and 2014'' and inserting ``, 2014, and 2015''. SEC. 6. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING REQUIREMENTS. (a) Finding.--Congress finds that Israel-- (1) has declared its unilateral adherence to the Missile Technology Control Regime and the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies; (2) is a party to-- (A) the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, signed at Geneva October 10, 1980; (B) the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva June 17, 1925; and (C) the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on October 26, 1979; and (3) is a country with a low risk of diversion of items subject to export controls. (b) Eligibility for Strategic Trade Authorization Exception.--The Secretary of Commerce shall take steps to include Israel in the list of countries eligible for the strategic trade authorization exception under section 740.20(c)(1) of title 15, Code of Federal Regulations, to the requirement for a license for the export, reexport, or in-country transfer of an item subject to controls under the Export Administration Regulations, consistent with the obligations of the United States pursuant to international agreements. SEC. 7. ENERGY, WATER, HOMELAND SECURITY, AGRICULTURE, AND ALTERNATIVE FUEL TECHNOLOGIES. (a) In General.--The President is authorized to carry out United States-Israel cooperative activities and to provide assistance promoting cooperation in the fields of energy, water, homeland security, agriculture, and alternative fuel technologies. (b) Requirements.--In carrying out subsection (a), the President is authorized to share and exchange with Israel research, technology, intelligence, information, equipment, and personnel that the President determines will advance the national security interests of the United States and is consistent with the Strategic Dialogue and pertinent provisions of law-- (1) by enhancing scientific cooperation between Israel and the United States; or (2) by the sale, lease, exchange in kind, or other techniques the President determines to be suitable. SEC. 8. REPORT ON ESTABLISHMENT OF UNITED STATES-ISRAEL CENTER OF EXCELLENCE ON CYBER SECURITY. Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the feasibility and advisability of establishing a joint United States-Israel Cyber Security Center for the purposes of sharing and advancing technologies related to the prevention of cybercrimes. SEC. 9. DESIGNATION OF ISRAEL AS VISA WAIVER PROGRAM COUNTRY. Section 217(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``subparagraph (G) and'' after ``Except as provided in''; and (2) by adding at the end the following: ``(G) Israel.--The State of Israel shall be designated as a program country on the date on which the Secretary of Homeland Security, after consultation with the Secretary of State, certifies that the Government of Israel-- ``(i) has complied with all of the requirements set forth in subparagraphs (B) through (F); and ``(ii) has made every reasonable effort, without jeopardizing the security of the State of Israel, to ensure that reciprocal travel privileges are extended to all United States citizens.''. SEC. 10. REPORT ON IMPLEMENTATION OF SECTION 4 OF THE UNITED STATES- ISRAEL ENHANCED SECURITY COOPERATION ACT OF 2012. Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Armed Services of the Senate and the House of Representatives a comprehensive report on current and future efforts undertaken by the President to fulfill the objectives of section 4 of the United States-Israel Enhanced Security Cooperation Act (22 U.S.C. 8603).

Summary: United States-Israel Strategic Partnership Act of 2013 - Declares that Israel is a Major Strategic Partner of the United States. Amends the Israel Enhanced Security Cooperation Act of 2012 to extend authority to: (1) make additions to foreign-based defense stockpiles, and (2) transfer certain obsolete or surplus Department of Defense (DOD) items to Israel. Directs the Secretary of Commerce to take steps to make Israel eligible for the strategic trade authorization exception to the requirement for a license for the export, reexport, or in-country transfer of an item subject to certain export controls. Authorizes the President to carry out U.S.-Israel cooperative activities and to provide assistance for cooperation in the fields of energy, water, homeland security, agriculture, and alternative fuel technologies. Directs the President to report to Congress on the feasibility and advisability of establishing a joint United States-Israel Cyber Security Center. Includes Israel in the visa waiver program when Israel satisfies such program's inclusion requirements and provides, subject to security concerns, reciprocal travel privileges for U.S. citizens.


SECTION 1. SHORT TITLE. This Act may be cited as the ``American Livestock Protection and Ranching Opportunity Act of 2014''. SEC. 2. SENSE OF CONGRESS REGARDING COUNTRY OF ORIGIN LABELING. It is the sense of Congress that-- (1) the overwhelming majority of consumers in the United States want to know where animals used to produce the meat eaten by the consumers is born, raised, and slaughtered; (2) country-of-origin labeling provides information that consumers in the United States have a right to know; and (3) country-of-origin labeling facilitates supply chain information critical for food safety. SEC. 3. PROHIBITION ON IMPORTATION OF FRESH MEAT AND MEAT PRODUCTS FROM COUNTRIES WITH FOOT-AND-MOUTH DISEASE. Section 10404 of the Animal Health Protection Act (7 U.S.C. 8303) is amended by adding at the end the following: ``(d) Prohibition on Importation of Fresh Meat and Meat Products From Countries With Foot-and-Mouth Disease.--Notwithstanding any other provision of law, until the date on which the Secretary of Agriculture certifies to Congress that a country is free of foot-and-mouth disease without vaccination, the Secretary may not-- ``(1) allow the importation of fresh meat or meat products from that country; or ``(2) initiate, administer, finalize, or enforce any rulemaking allowing for the new importation of any fresh meat or meat product from that country.''. SEC. 4. BRUCELLOSIS RESEARCH AND COMPENSATION. (a) Livestock Disease Initiative.--Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7624 et seq.) is amended by inserting after the title heading the following: ``SEC. 401. LIVESTOCK DISEASE INITIATIVE. ``(a) In General.--There is established in the Department a livestock disease initiative under which the Secretary shall provide to eligible entities competitive grants for research and development described in subsection (d). ``(b) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) a Federal agency; ``(2) a National Laboratory; ``(3) an institution of higher education; ``(4) a research institution; or ``(5) a State agricultural experiment station. ``(c) Priority.--In awarding grants under this section, the Secretary shall give priority to research and development relating to bovine brucellosis, bovine tuberculosis, and other zoonotic diseases in livestock that are covered by a high-priority research and extension initiative authorized under section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925). ``(d) Use of Grants.--An entity that receives a grant under this section shall use the grant to conduct research and development relating to surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for diseases in domestic livestock that present a potential concern to public health and safety, as determined by the Secretary. ``(e) Matching Funds.-- ``(1) In general.--In awarding grants under this section, the Secretary may give priority to proposals from eligible entities that provide matching funds for the grants in a manner as determined by the Secretary, but shall not require eligible entities to have matching funds as a requirement of being awarded a grant. ``(2) Exemption.--The matching funds requirement under section 1492 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3371) shall not apply in the case of a grant awarded under this section. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2015 through 2018.''. (b) Assistance for Losses Due to Brucellosis.--Section 1501(c) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)) is amended-- (1) in paragraph (1)(A), by inserting ``or brucellosis'' after ``fire condition'' both places it appears; (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(C) brucellosis, as described in paragraph (6).''; and (3) by adding at the end the following: ``(6) Assistance for losses due to brucellosis.-- ``(A) In general.--An eligible livestock producer may receive assistance under this paragraph only if the grazing losses occur due to quarantine of livestock under section 10407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8306) due to brucellosis infection in the Greater Yellowstone Designated Surveillance Area, as determined by the Secretary. ``(B) Payment rate.--The payment rate for assistance under this paragraph shall be equal to 60 percent of the monthly feed cost (as determined under paragraph (3)(C)) for the total number of livestock of the eligible livestock producer subject to quarantine.''. SEC. 5. LIVESTOCK INDEMNITY PAYMENTS. Section 1501(b) of the Agricultural Act of 2014 (7 U.S.C. 9081(b)) is amended by striking paragraph (2) and inserting the following: ``(2) Payment rates.--Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 75 percent of the higher of, as determined by the Secretary-- ``(A) the market value of the applicable livestock on the earliest day that information is available to the Secretary; or ``(B) the applicable nationwide price of the applicable livestock for the previous calendar year.''. SEC. 6. LIVESTOCK FORAGE DISASTER PROGRAM. Section 1501(c)(3)(C) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(C)) is amended by adding at the end the following: ``(iv) High-value forage.--The Secretary may provide for a price adjustment in the monthly feed cost in the case of high-value forage, as determined by the Secretary.''.

Summary: American Livestock Protection and Ranching Opportunity Act of 2014 - Expresses the sense of Congress that: the majority of consumers in the United States want to know where animals used to produce the meat eaten are born, raised, and slaughtered; country-of-origin labeling provides information that consumers have a right to know; and country-of-origin labeling facilitates supply chain information critical for food safety. Amends the Animal Health Protection Act to prohibit the Secretary of Agriculture (USDA) from allowing or advancing regulations that allow the importation of fresh meat and meat products from a country until the Secretary certifies to Congress that a country is free of foot-and-mouth disease without vaccination. Amends the Agricultural Research, Extension, and Education Reform Act of 1998 to establish a USDA livestock disease initiative to provide competitive grants for research and development related to surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for diseases in domestic livestock that present a potential concern to public health and safety. Makes federal agencies, national laboratories, institutions of higher education, research institutions, and state agricultural experiment stations eligible for grants. Amends the Agricultural Act of 2014 to provide eligible livestock producers with assistance for losses due to brucellosis and to alter the payment rates USDA uses to provide agricultural disaster assistance under the Livestock Indemnity Program and the Livestock Forage Disaster Program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Survivors' and Dependents' Educational Assistance Adjustment Act of 2002''. SEC. 2. INCREMENTAL INCREASE IN RATES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE. (a) Survivors' and Dependents' Educational Assistance.--Section 3532 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``at the monthly rate of'' and all that follows and inserting ``at the monthly rate of-- ``(A) for months occurring during fiscal year 2003, $900 for full-time, $676 for three-quarter-time, or $450 for half- time pursuit; and ``(B) for months occurring during a subsequent fiscal year, $985 for full-time, $740 for three-quarter-time, or $492 for half-time pursuit.''; and (B) in paragraph (2), by striking ``at the rate of'' and all that follows and inserting ``at the rate of the lesser of-- ``(A) the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay; or ``(B)(i) for months occurring during fiscal year 2003, $900 per month for a full-time course; or (ii) for months occurring during a subsequent fiscal year, $985 per month for a full-time course.''; (2) in subsection (b), by striking ``at the rate of'' and all that follows and inserting ``at the rate of-- ``(1) for months occurring during fiscal year 2003, $900 per month; and ``(2) for months occurring during a subsequent fiscal year, $985 per month.''; and (3) in subsection (c)(2), by striking ``shall be'' and all that follows and inserting ``shall be-- ``(A) for months occurring during fiscal year 2003, $727 for full-time, $545 for three-quarter-time, or $364 for half- time pursuit; and ``(B) for months occurring during a subsequent fiscal year, $795 for full-time, $596 for three-quarter-time, or $398 for half-time pursuit.''. (b) Correspondence Courses.--Section 3534(b) of that title is amended by striking ``for each $670'' and all that follows and inserting ``for each amount which is paid to the spouse as an educational assistance allowance for such course as follows: ``(1) For amounts paid during fiscal year 2003, $900. ``(2) For amounts paid during a subsequent fiscal year, $985.''. (c) Special Restorative Training.--Section 3542(a) of that title is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by designating the second sentence as paragraph (2) and indenting such paragraph, as so designated, two ems from the left margin; (3) in paragraph (1), as so designated, by striking ``the basic rate of $670 per month.'' and inserting ``the basic rate of-- ``(A) for months occurring during fiscal year 2003, $900 per month; and ``(B) for months occurring during a subsequent fiscal year, $985 per month.''; and (4) in paragraph (2), as so designated-- (A) by striking ``$184 per calendar month'' and inserting ``$282 per calendar month for months occurring during fiscal year 2003, or $307 per calendar months for months occurring during a subsequent fiscal year''; and (B) by striking ``$184 a month'' and inserting ``$282 a month for months occurring during fiscal year 2003, or $307 a month for months occurring during a subsequent fiscal year''. (d) Apprenticeship Training.--Section 3687(b)(2) of that title is amended by striking ``shall be $488 for the first six months'' and all that follows and inserting ``shall be-- ``(A) $655 for the first six months, $490 for the second six months, $325 for the third six months, and $164 for the fourth and any succeeding six-month period of training, if such six-month period of training begins during fiscal year 2003; and ``(B) $717 for the first six months, $536 for the second six months, $356 for the third six months, and $179 for the fourth and any succeeding six-month period of training, if such six-month period of training begins during a subsequent fiscal year.''. (e) Effective Date.--(1) The amendments made by this section shall take effect as of October 1, 2003, and shall apply with respect to educational assistance allowances payable under chapter 35 and section 3687(b)(2) of title 38, United States Code, for months beginning on or after that date. (2) No adjustment in rates of monthly training allowances shall be made under section 3687(d) of title 38, United States Code, for fiscal years 2003 and 2004. SEC. 3. MODIFICATION OF DURATION OF EDUCATIONAL ASSISTANCE. Section 3511(a)(1) of title 38, United States Code, is amended by striking ``45 months'' and all that follows and inserting ``45 months, or 36 months in the case of a person who first files a claim for educational assistance under this chapter after the date of the enactment of the Survivors' and Dependents' Educational Assistance Adjustment Act of 2002, or to the equivalent thereof in part-time training.''. SEC. 4. INCREASE IN AGGREGATE ANNUAL AMOUNT AVAILABLE FOR STATE APPROVING AGENCIES FOR ADMINISTRATIVE EXPENSES. (a) Increase in Amount.--Section 3674(a)(4) of title 38, United States Code, is amended in the first sentence by striking ``may not exceed $13,000,000'' and all that follows through the end and inserting ``may not exceed $18,000,000.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2002.

Summary: Survivors' and Dependents' Educational Assistance Adjustment Act of 2002 - Provides incremental increases in the rates of educational assistance provided to veterans' survivors and dependents, including for full- and part-time courses, correspondence courses, special restorative training, and apprenticeship training.Entitles an eligible person who first files a claim for such assistance after enactment of this Act to assistance for up to 36 (currently 45) months.Increases the annual aggregate amount available to State educational approving agencies for the reimbursement of administrative expenses.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Entrepreneurs' Economic Development Act of 2013''. SEC. 2. DIRECT LENDING PROGRAM FOR SMALL BUSINESS CONCERNS. (a) Establishment.--The Administrator of the Small Business Administration shall-- (1) establish and carry out a loan program (in this Act referred to as the ``program''); and (2) establish a process under which an eligible small business concern may submit an application to the Administrator for the purpose of securing a loan under the program. (b) Loan Amount.--Each loan made to an eligible small business concern under the program shall be in an amount not to exceed $150,000. (c) Repayment Period.--An eligible small business concern that receives a loan under the program shall repay the loan not later than 6 years after the date on which such loan is disbursed. (d) No Prepayment Penalty.--There shall be no prepayment penalty on a loan made under the program. (e) Interest Rate.--The maximum legal rate of interest on any loan made under the program shall not exceed the sum of the rate prescribed by the Administrator pursuant to section 7(a)(4)(A) of the Small Business Act (15 U.S.C. 636(a)(4)(A)) for direct loans plus 5 percent. (f) Borrower Fees.--With respect to each loan made to an eligible small business concern under the program, the Administrator may collect a fee from the borrower using the formula established under section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)). (g) Underwriting Standards.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue guidance regarding prudent underwriting standards that must be used for loans made under the program. (h) Lender Participation.-- (1) Lenders.-- (A) In general.--The Administrator shall establish a process under which the Administrator makes available to lenders each loan application submitted for the purpose of such lenders originating, underwriting, closing, and servicing the loan for which the applicant applied. (B) Eligibility.--Lenders are eligible to receive a loan application described in subparagraph (A) if they participate in the program. (C) Local lenders.--The Administrator shall first make available a loan application described in subparagraph (A) to lenders within 50 miles of the principal office of the loan applicant. (D) Preferred lenders.--If a lender described in subparagraph (C) does not agree to originate, underwrite, close, and service the loan applied for within 5 business days of receiving a loan application described in subparagraph (A), the Administrator shall subsequently make available such loan application to lenders in the Preferred Lenders Program under section 7(a)(2)(C)(ii) of the Small Business Act (15 U.S.C. 636(a)(2)(C)(ii)). (E) Authority of administration to lend.--If a lender described in subparagraphs (C) and (D) does not agree to originate, underwrite, close, and service the loan applied for within 10 business days of receiving a loan application described in subparagraph (A), the Administrator shall, in accordance with the underwriting standards promulgated under subsection (g), consider such loan for origination, underwriting, closing, and servicing by the Administration within 10 business days. (2) Asset sales.--The Administrator shall offer to sell loans made by the Administrator under the program. Such sales shall be made through the semi-annual public solicitation (in the Federal Register and in other media) of offers to purchase. The Administrator may contract with vendors for due diligence, asset valuation, and other services related to such sales. The Administrator may not sell any loan under the program for less than 90 percent of the net present value of the loan, as determined and certified by a qualified third party. (3) Loans not sold.--The Administrator shall maintain and service loans made by the Administrator under this paragraph that are not sold through the asset sales under this subsection. (i) Definitions.--In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Eligible small business concern.--The term ``eligible small business concern'' means a small business concern that has less than 20 employees. (3) Small business concern.--The term ``small business concern'' has the same meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. FEE FOR HIGH-DOLLAR 7(A) LOANS. Section 7(a) of the Small Business Act is amended-- (1) by redesignating paragraphs (31) through (35) as paragraphs (32) through (36); and (2) by inserting the following new paragraph: ``(31) Fee for high-dollar loans.--With respect to each loan in excess of $2,000,000 approved under this subsection, the Administration shall assess, collect, and retain a fee not to exceed a certain percentage, as determined by the Administrator, of the outstanding balance of the deferred participation share of the loan, as necessary to reduce to zero the cost to the Administration of making loans under this subsection. As used in the paragraph, the term `cost' has the meaning given that term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).''.

Summary: Strengthening Entrepreneurs' Economic Development Act of 2013 - Directs the Administrator of the Small Business Administration (SBA) to establish and carry out a direct lending program for small businesses (businesses with fewer than 20 employees). Sets forth provisions governing the amount and repayment period of, and interest rate on, such a loan. Authorizes the Administrator to collect a fee from the borrower. Directs the Administrator to: (1) issue guidance regarding prudent underwriting standards for such loans; (2) establish a process of making each loan application available to lenders for the purpose of originating, underwriting, closing, and servicing the loan; (3) first give priority to lenders within 50 miles of the principal office of the applicant, then make such applications available to lenders in the Preferred Lenders Program, and then consider such a loan for origination, underwriting, closing, and servicing by the Administrator; (4) offer to sell loans made under the program through the semi-annual public solicitation of offers to purchase; and (5) maintain and service loans that are not sold through asset sales. Amends the Small Business Act to require the SBA, for each small business loan in excess of $2 million that is approved under such Act, to collect a fee not to exceed a certain percentage of the outstanding balance of the deferred participation share of the loan as necessary to reduce to zero the cost to the SBA of making such loan.


SECTION 1. ADJUSTED DIFFERENTIALS. (a) In General.--Paragraph (1) of section 404(b) of the Federal Law Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305 note) is amended by striking the matter after ``follows:'' and inserting the following: ``Area Differential Atlanta Consolidated Metropolitan Statistical Area. 16.82% Boston-Worcester-Lawrence, MA-NH-ME-CT-RI 24.42% Consolidated Metropolitan Statistical Area. Chicago-Gary-Kenosha, IL-IN-WI Consolidated 25.68% Metropolitan Statistical Area. Cincinnati-Hamilton, OH-KY-IN Consolidated 21.47% Metropolitan Statistical Area. Cleveland Consolidated Metropolitan Statistical 17.83% Area. Columbus Consolidated Metropolitan Statistical Area 16.90% Dallas Consolidated Metropolitan Statistical Area.. 18.51% Dayton Consolidated Metropolitan Statistical Area.. 15.97% Denver-Boulder-Greeley, CO Consolidated 22.78% Metropolitan Statistical Area. Detroit-Ann Arbor-Flint, MI Consolidated 25.61% Metropolitan Statistical Area. Hartford, CT Consolidated Metropolitan Statistical 24.47% Area. Houston-Galveston-Brazoria, TX Consolidated 30.39% Metropolitan Statistical Area. Huntsville Consolidated Metropolitan Statistical 13.29% Area. Indianapolis Consolidated Metropolitan Statistical 13.38% Area. Kansas City Consolidated Metropolitan Statistical 14.11% Area. Los Angeles-Riverside-Orange County, CA 27.25% Consolidated Metropolitan Statistical Area. Miami-Fort Lauderdale, FL Consolidated Metropolitan 21.75% Statistical Area. Milwaukee Consolidated Metropolitan Statistical 17.45% Area. Minneapolis-St. Paul, MN-WI Consolidated 20.27% Metropolitan Statistical Area. New York-Northern New Jersey-Long Island, NY-NJ-CT- 27.11% PA Consolidated Metropolitan Statistical Area. Orlando, FL Consolidated Metropolitan Statistical 14.22% Area. Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD 21.03% Consolidated Metropolitan Statistical Area. Pittsburgh Consolidated Metropolitan Statistical 14.89% Area. Portland-Salem, OR-WA Consolidated Metropolitan 20.96% Statistical Area. Richmond Consolidated Metropolitan Statistical Area 16.46% Sacramento-Yolo, CA Consolidated Metropolitan 20.77% Statistical Area. San Diego, CA Consolidated Metropolitan Statistical 22.13% Area. San Francisco-Oakland-San Jose, CA Consolidated 32.98% Metropolitan Statistical Area. Seattle-Tacoma-Bremerton, WA Consolidated 21.18% Metropolitan Statistical Area. St. Louis Consolidated Metropolitan Statistical 14.69% Area. Washington-Baltimore, DC-MD-VA-WV Consolidated 19.48% Metropolitan Statistical Area. Rest of United States Consolidated Metropolitan 14.19%''. Statistical Area. (b) Special Rules.--For purposes of the provision of law amended by subsection (a)-- (1) the counties of Providence, Kent, Washington, Bristol, and Newport, RI, the counties of York and Cumberland, ME, and the city of Concord, NH, shall be treated as if located in the Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated Metropolitan Statistical Area; and (2) members of the Capitol Police shall be considered to be law enforcement officers within the meaning of section 402 of the Federal Law Enforcement Pay Reform Act of 1990. (c) Effective Date.--The amendment made by subsection (a)-- (1) shall take effect as if included in the Federal Law Enforcement Pay Reform Act of 1990 on the date of the enactment of such Act; and (2) shall be effective only with respect to pay for service performed in pay periods beginning on or after the date of the enactment of this Act. Subsection (b) shall be applied in a manner consistent with the preceding sentence. SEC. 2. SEPARATE PAY, EVALUATION, AND PROMOTION SYSTEM FOR FEDERAL LAW ENFORCEMENT OFFICERS. (a) Study.--Not later than 6 months after the date of the enactment of this Act, the Office of Personnel Management shall study and submit to Congress a report which shall contain its findings and recommendations regarding the need for, and the potential benefits to be derived from, the establishment of a separate pay, evaluation, and promotion system for Federal law enforcement officers. In carrying out this subsection, the Office of Personnel Management shall take into account the findings and recommendations contained in the September 1993 report of the Office entitled ``A Plan to Establish a New Pay and Job Evaluation System for Federal Law Enforcement Officers''. (b) Demonstration Project.-- (1) In general.--If, after completing its report under subsection (a), the Office of Personnel Management considers it to be appropriate, the Office shall implement, within 12 months after the date of the enactment of this Act, a demonstration project to determine whether a separate system for Federal law enforcement officers (as described in subsection (a)) would result in improved Federal personnel management. (2) Applicable provisions.--Any demonstration project under this subsection shall be conducted in accordance with the provisions of chapter 47 of title 5, United States Code, except that a project under this subsection shall not be taken into account for purposes of the numerical limitation under section 4703(d)(2) of such title. (3) Permanent changes.--Not later than 6 months before the demonstration project's scheduled termination date, the Office of Personnel Management shall submit to Congress-- (A) its evaluation of the system tested under the demonstration project; and (B) recommendations as to whether or not that system (or any aspects of that system) should be continued or extended to other Federal law enforcement officers. (c) Federal Law Enforcement Officer Defined.--In this section, the term ``Federal law enforcement officer'' means a law enforcement officer as defined under section 8331(20) or 8401(17) of title 5, United States Code. SEC. 3. LIMITATION ON PREMIUM PAY. (a) In General.--Section 5547 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``5545a,''; (2) in subsection (c), by striking ``or 5545a''; and (3) in subsection (d), by striking the period and inserting ``or a criminal investigator who is paid availability pay under section 5545a.''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 1114 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1239).

Summary: Amends the Federal Law Enforcement Pay Reform Act of 1990 to revise the special pay adjustments for (percentage differentials payable to) Federal law enforcement officers in specified consolidated metropolitan statistical areas. Includes Capitol Police as law enforcement officers under such Act.Directs the Office of Personnel Management: (1) to study and report to Congress on the need for, and the potential benefits to be derived from, the establishment of a separate pay, evaluation, and promotion system for Federal law enforcement officers; (2) if it considers it to be appropriate, to implement a demonstration project to determine whether a separate system for such officers would result in improved Federal personnel management; and (3) to submit to Congress its evaluation of the system tested under the demonstration project and recommendations as to whether that system should be continued or extended to other Federal law enforcement officers.Eliminates the limitation on the aggregate of basic pay and premium pay with respect to availability pay for Federal criminal investigators.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Durham Woods Natural Gas Pipeline Safety Act of 1995''. SEC. 2. INCREASED INSPECTION REQUIREMENTS IN HIGH-DENSITY POPULATION AREAS. (a) Instrumented Internal Inspection Devices.--Section 60102(f)(2) of title 49, United States Code, is amended by inserting ``In the case of gas pipelines, such inspection shall be required not less than once every 7 years.'' after ``60109 of this title.''. (b) Additional Inspections.--Section 60108 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(e) Additional Inspection Requirements for Gas Transmission Pipeline Facilities.--Within 2 years after the date of the enactment of this subsection, the Secretary shall prescribe regulations requiring that each owner or operator of a gas transmission pipeline facility-- ``(1) establish a program for observing from the air, or inspecting from the ground, or both, at least once every month, the surface conditions on and adjacent to the right-of-way of all of such owner or operator's gas transmission pipeline facilities identified under section 60109 of this title for indications of leaks, construction, and other circumstances affecting safety or operation; and ``(2) place line markers at suitable intervals along the rights-of-way of all of such owner or operator's gas transmission pipeline facilities identified under section 60109 of this title, unless such placement is impractical.''. SEC. 3. DAMAGE REPORTING. Section 60123(d)(2) of title 49, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: ``(B) a pipeline facility and does not report the damage promptly to the operator of the pipeline facility and other appropriate authorities; or''. SEC. 4. INCREASED PENALTIES. (a) Criminal Penalties.--Section 60123 of title 49, United States Code, is amended-- (1) in subsection (a), by striking ``5 years'' and inserting in lieu thereof ``10 years''; (2) in subsection (b), by striking ``15 years'' and inserting in lieu thereof ``30 years''; (3) in subsection (c), by striking ``one year'' and inserting in lieu thereof ``5 years''; and (4) in subsection (d), by striking ``5 years'' and inserting in lieu thereof ``10 years''. (b) Civil Penalties.--Section 60122(a) of title 49, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``or 60118(a)'' and inserting in lieu thereof ``, 60102(l), or 60118(a)''; (B) by striking ``$25,000'' and inserting in lieu thereof ``$50,000''; and (C) by striking ``$500,000'' and inserting in lieu thereof ``$1,000,000''; and (2) in paragraph (2), by striking ``$50,000'' and inserting in lieu thereof ``$100,000''. SEC. 5. PUBLIC AWARENESS. Section 60116 of title 49, United States Code, is amended-- (1) by inserting ``(a) Requirement.--'' before ``Under regulations the Secretary''; and (2) by adding at the end the following new subsection: ``(b) State Programs.--The Secretary shall, to the extent provided in advance in appropriations Acts, make grants to States for the promotion of public awareness of the dangers of excavating near pipeline facilities by advertising in the media and other means.''. SEC. 6. PIPELINE SAFETY STUDY. (a) Study.--The Secretary of Transportation shall conduct a comprehensive study on the safety of all gas transmission pipeline facilities in the State of New Jersey. Such study shall address, at a minimum-- (1) increasing population encroachment on pipeline rights- of-way; (2) environmental concerns; (3) financial pressures on the pipeline industry to control their costs; and (4) the feasibility of utilizing remotely operated or automatic shut-off valves, and their appropriate spacing. (b) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall transmit to the Congress a report containing the results of the study conducted under subsection (a). SEC. 7. RISK ASSESSMENT. (a) Assessment.--The Secretary of Transportation shall conduct an assessment of the risks to public safety and the environment posed by the transportation of gas by pipeline. Such assessment shall-- (1) rank the risks identified by the Secretary in terms of their probability of occurrence and the severity of their likely consequences, and in terms of any other factors the Secretary considers relevant; (2) identify and prioritize technically feasible and economically justified actions that should be taken to lessen the risks identified; and (3) address, at a minimum-- (A) inspection by instrumented internal inspection devices; (B) installation of state-of-the-art leak detection systems, including automatic and remotely controlled valves; (C) inspection and burial of underwater pipelines; and (D) inspection and replacement of cast iron pipelines. (b) Report to Congress.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Transportation shall transmit to the Congress a report including the assessment required under subsection (a) and a plan for actions proposed by the Secretary to address each risk identified in the assessment. SEC. 8. MAPPING. Section 60102 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(l) Mapping of Pipeline Facilities.--(1) The owner or operator of a gas transmission or hazardous liquid pipeline facility, or a regulated gathering line, shall inform the Secretary of the specific location of such pipeline facility or gathering line. ``(2) The Secretary, using the information received under paragraph (1) and any other information available to the Secretary, shall develop a comprehensive mapping program to identify the specific location of all gas transmission and hazardous liquid pipeline facilities, and regulated gathering lines. The program shall include information on the proximity of such pipeline facilities and gathering lines to high- density population areas, environmentally sensitive areas, water intakes, and other appropriate areas or facilities. The Secretary shall establish an electronic data base for the comprehensive mapping program, and shall ensure that such data base is available to State and local governments and the public in an appropriate manner. ``(3) The Secretary shall ensure the security of the program developed under paragraph (2) against terrorism, sabotage, and other threats.''. SEC. 9. TECHNICAL SAFETY STANDARDS COMMITTEE. Section 60115(f) is amended-- (1) by striking the first 2 sentences thereof; and (2) by inserting ``of a committee under this section'' after ``A member''. SEC. 10. DEFINITIONS. Terms used in this Act shall have the same definitions given such terms in section 60101 of title 49, United States Code.

Summary: Durham Woods Natural Gas Pipeline Safety Act of 1995 - Amends Federal pipeline safety law to instruct the Secretary of Transportation to issue regulations requiring: (1) periodic inspections of gas pipeline facilities with the use of instrumented internal inspection devices at least once every seven years in high-density population areas; and (2) transmission pipeline operators to institute a monthly inspection program for leaks and other specified hazards and line markers along pipeline rights-of-way. (Sec. 3) Declares it is a criminal offense to fail to report damage to a gas or hazardous liquid pipeline facility after knowingly and willfully engaging in excavation activities without taking specified steps to establish the location of underground facilities. (Sec. 4) Increases the civil and criminal penalties for violations of such law. (Sec. 5) Directs the Secretary to: (1) make grants to the States to promote public awareness programs regarding the dangers of excavating near gas pipelines; (2) study and report to the Congress on the safety of all gas transmission pipelines in the State of New Jersey and on an assessment of the risks to public safety and the environment posed by gas pipeline transportation; and (3) develop a comprehensive mapping program to identify the specific location of all gas and hazardous liquid transmission pipelines , and gathering lines, in the country.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Independence, Limiting Subsidies, and Accelerating Vehicle Efficiency (OILSAVE) Act''. SEC. 2. TAX CREDIT FOR FUEL-EFFICIENT MOTOR VEHICLES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by inserting after section 30C the following new section: ``SEC. 30D. FUEL-EFFICIENT MOTOR VEHICLE CREDIT. ``(a) Allowance of Credit.--There shall be allowed a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable amount for each new qualified fuel-efficient motor vehicle placed in service by the taxpayer during the taxable year. ``(b) New Qualified Fuel-Efficient Motor Vehicle.--For purposes of this section, the term `new qualified fuel-efficient motor vehicle' means a motor vehicle (as defined under section 30(c)(2))-- ``(1) which is a passenger automobile or a light truck, ``(2) which-- ``(A) in the case of a passenger automobile, achieves a fuel economy of not less than 34.5 miles per gallon, and ``(B) in the case of a light truck, achieves a fuel economy of not less than 27.5 miles per gallon, ``(3) the original use of which commences with the taxpayer, ``(4) which is acquired for use or lease by the taxpayer and not for resale, and ``(5) which is made by a manufacturer for model year 2007, 2008, 2009, 2010, or 2011. ``(c) Applicable Amount.--For purposes of this section, the applicable amount shall be determined as follows: ------------------------------------------------------------------------ In the case of a In the case passenger of a light ``If the motor vehicle achieves a fuel economy automobile, truck, the of: the applicable applicable amount is: amount is: ------------------------------------------------------------------------ 27.5 miles per gallon......................... $0 $630 28.5.......................................... 0 710 29.5.......................................... 0 780 30.5.......................................... 0 850 31.5.......................................... 0 920 32.5.......................................... 0 980 33.5.......................................... 0 1,040 34.5.......................................... 630 1.090 35.5.......................................... 700 1,140 36.5.......................................... 760 1,190 37.5.......................................... 820 1,240 38.5.......................................... 880 1,280 39.5.......................................... 940 1,320 40.5.......................................... 990 1,360 41.5.......................................... 1,040 1,400 42.5.......................................... 1,090 1,430 43.5.......................................... 1,140 1,470 44.5.......................................... 1,180 1,500 45.5.......................................... 1,220 1,530 46.5.......................................... 1,260 1,560 47.5.......................................... 1,300 1,590 48.5.......................................... 1,340 1,620 49.5.......................................... 1,370 1,640 50.5.......................................... 1,410 1,670 51.5.......................................... 1,440 1,690 52.5.......................................... 1,470 1,720 53.5.......................................... 1,500 1,740 54.5.......................................... 1,530 1,760 55.5.......................................... 1,560 1,780 56.5.......................................... 1,590 1,800 57.5.......................................... 1,610 1,820 58.5.......................................... 1,640 1,840 59.5 or more.................................. 1,660 1,860 ------------------------------------------------------------------------ ``(d) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Fuel economy.--The term `fuel economy' has the meaning given such term under section 32901(a)(10) of title 49, United States Code. ``(2) Model year.--The term `model year' has the meaning given such term under section 32901(a)(14) of such title. ``(3) Other terms.--The terms `passenger automobile', `light truck', and `manufacturer' have the meaning given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act. ``(4) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed. ``(5) No double benefit.-- ``(A) Coordination with other vehicle credits.--No credit shall be allowed under subsection (a) with respect to any new qualified fuel-efficient motor vehicle for any taxable year if a credit is allowed with respect to such motor vehicle for such taxable year under section 30 or 30B. ``(B) Other tax benefits.--The amount of any deduction or credit (other than the credit allowable under this section and any credit described in subparagraph (A)) allowable under this chapter with respect to any new qualified fuel-efficient motor vehicle shall be reduced by the amount of credit allowed under subsection (a) for such motor vehicle for such taxable year. ``(6) Property used outside the united states, etc., not qualified.--No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(7) Election not to take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects not to have this section apply to such vehicle. ``(8) Interaction with air quality and motor vehicle safety standards.--Unless otherwise provided in this section, a motor vehicle shall not be considered eligible for a credit under this section unless such vehicle is in compliance with-- ``(A) the applicable provisions of the Clean Air Act for the applicable make and model year of the vehicle (or applicable air quality provisions of State law in the case of a State which has adopted such provision under a waiver under section 209(b) of the Clean Air Act), and ``(B) the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code. ``(e) Credit May Be Transferred.-- ``(1) In general.--A taxpayer may, in connection with the purchase of a new qualified fuel-efficient motor vehicle, transfer any credit allowable under subsection (a) to any person who is in the trade or business of selling new qualified fuel-efficient motor vehicles, but only if such person clearly discloses to such taxpayer, through the use of a window sticker attached to the new qualified fuel-efficient vehicle-- ``(A) the amount of any credit allowable under subsection (a) with respect to such vehicle, and ``(B) a notification that the taxpayer will not be eligible for any credit under section 30 or 30B with respect to such vehicle unless the taxpayer elects not to have this section apply with respect to such vehicle. ``(2) Consent required for revocation.--Any transfer under paragraph (1) may be revoked only with the consent of the Secretary. ``(3) Regulations.--The Secretary may prescribe such regulations as necessary to ensure that any credit described in paragraph (1) is claimed once and not retransferred by a transferee.''. (b) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30D(d)(4).''. (2) Section 6501(m) of such Code is amended by inserting ``30D(d)(7),'' after ``30C(e)(5),''. (3) The table of section for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30C the following new item: ``Sec. 30D. Fuel-efficient motor vehicle credit.''. (c) 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. AMORTIZATION OF INTANGIBLE DRILLING AND DEVELOPMENT COSTS FOR MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Subsection (i) of section 263 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Incurred Outside the United States'' in the heading, (2) by inserting ``or owned or operated by a major integrated oil company (as defined in section 167(h)(5)(B))'' after ``United States'', and (3) by inserting ``located outside the United States'' after ``nonproductive well'' in the last sentence thereof. (b) Effective Date.--The amendments made by this section shall apply to costs paid or incurred after the date of the enactment of this Act.

Summary: Oil Independence, Limiting Subsidies, and Accelerating Vehicle Efficiency (OILSAVE) Act - Amends the Internal Revenue Code to allow a tax credit for the purchase of a new qualified fuel-efficient motor vehicle. Defines "new qualified fuel-efficient motor vehicle" as a passenger automobile with a fuel economy rating of not less than 34.5 miles per gallon or a light truck with a 27.5 miles per gallon rating which are manufactured for model years 2007-2011. Denies major integrated oil companies (companies with an average daily production of crude oil of at least 500,000 barrels and gross receipts in excess of $1 billion for a taxable year) the option to expense intangible drilling and development costs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Regulatory Transparency for New Medical Therapies Act''. SEC. 2. SCHEDULING OF SUBSTANCES INCLUDED IN NEW FDA-APPROVED DRUGS. (a) Effective Date of Approval.-- (1) Effective date of drug approval.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended by adding at the end the following: ``(x) Date of Approval in the Case of Recommended Controls Under the CSA.-- ``(1) In general.--In the case of an application under subsection (b) with respect to a drug for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, approval of such application shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act. ``(2) Date of approval.--For purposes of this section, with respect to an application described in paragraph (1), the term `date of approval' shall mean the later of-- ``(A) the date an application under subsection (b) is approved under subsection (c); or ``(B) the date of issuance of the interim final rule controlling the drug.''. (2) Effective date of approval of biological products.--Section 351 of the Public Health Service Act (42 U.S.C. 262) is amended by adding at the end the following: ``(n) Date of Approval in the Case of Recommended Controls Under the CSA.-- ``(1) In general.--In the case of an application under subsection (a) with respect to a biological product for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, approval of such application shall not take effect until the interim final rule controlling the biological product is issued in accordance with section 201(j) of the Controlled Substances Act. ``(2) Date of approval.--For purposes of this section, with respect to an application described in paragraph (1), references to the date of approval of such application, or licensure of the product subject to such application, shall mean the later of-- ``(A) the date an application is approved under subsection (a); or ``(B) the date of issuance of the interim final rule controlling the biological product.''. (3) Effective date of approval of animal drugs.-- (A) In general.--Section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end the following: ``(q) Date of Approval in the Case of Recommended Controls Under the CSA.-- ``(1) In general.--In the case of an application under subsection (b) with respect to a drug for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, approval of such application shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act. ``(2) Date of approval.--For purposes of this section, with respect to an application described in paragraph (1), the term `date of approval' shall mean the later of-- ``(A) the date an application under subsection (b) is approved under subsection (c); or ``(B) the date of issuance of the interim final rule controlling the drug.''. (B) Conditional approval.--Section 571(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ccc(d)) is amended by adding at the end the following: ``(4)(A) In the case of an application under subsection (a) with respect to a drug for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, conditional approval of such application shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act. ``(B) For purposes of this section, with respect to an application described in subparagraph (A), the term `date of approval' shall mean the later of-- ``(i) the date an application under subsection (a) is conditionally approved under subsection (b); or ``(ii) the date of issuance of the interim final rule controlling the drug.''. (C) Indexing of legally marketed unapproved new animal drugs.--Section 572 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ccc-1) is amended by adding at the end the following: ``(k) In the case of a request under subsection (d) to add a drug to the index under subsection (a) with respect to a drug for which the Secretary provides notice to the person filing the request that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, a determination to grant the request to add such drug to the index shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act.''. (4) Date of approval for designated new animal drugs.--Section 573(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ccc-2(c)) is amended by adding at the end the following: ``(3) For purposes of determining the 7-year period of exclusivity under paragraph (1) for a drug for which the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act, the drug shall not be considered approved or conditionally approved until the date that the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act.''. (b) Scheduling of Newly Approved Drugs.--Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by inserting after subsection (i) the following: ``(j)(1) With respect to a drug referred to in subsection (f), if the Secretary of Health and Human Services recommends that the Attorney General control the drug in schedule II, III, IV, or V pursuant to subsections (a) and (b), the Attorney General shall, not later than 90 days after the date described in paragraph (2), issue an interim final rule controlling the drug in accordance with such subsections and section 202(b) using the procedures described in paragraph (3). ``(2) The date described in this paragraph shall be the later of-- ``(A) the date on which the Attorney General receives the scientific and medical evaluation and the scheduling recommendation from the Secretary of Health and Human Services in accordance with subsection (b); or ``(B) the date on which the Attorney General receives notification from the Secretary of Health and Human Services that the Secretary has approved an application under section 505(c), 512, or 571 of the Federal Food, Drug, and Cosmetic Act or section 351(a) of the Public Health Service Act, or indexed a drug under section 572 of the Federal Food, Drug, and Cosmetic Act, with respect to the drug described in paragraph (1). ``(3) A rule issued by the Attorney General under paragraph (1) shall become immediately effective as an interim final rule without requiring the Attorney General to demonstrate good cause therefor. The interim final rule shall give interested persons the opportunity to comment and to request a hearing. After the conclusion of such proceedings, the Attorney General shall issue a final rule in accordance with the scheduling criteria of subsections (b), (c), and (d) of this section and section 202(b).''. (c) Extension of Patent Term.--Section 156 of title 35, United States Code, is amended-- (1) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting ``, or in the case of a drug product described in subsection (i), within the sixty-day period beginning on the covered date (as defined in subsection (i))'' after ``marketing or use''; and (2) by adding at the end the following: ``(i)(1) For purposes of this section, if the Secretary of Health and Human Services provides notice to the sponsor of an application or request for approval, conditional approval, or indexing of a drug product for which the Secretary intends to recommend controls under the Controlled Substances Act, beginning on the covered date, the drug product shall be considered to-- ``(A) have been approved or indexed under the relevant provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act; and ``(B) have permission for commercial marketing or use. ``(2) In this subsection, the term `covered date' means the later of-- ``(A) the date an application is approved-- ``(i) under section 351(a)(2)(C) of the Public Health Service Act; or ``(ii) under section 505(b) or 512(c) of the Federal Food, Drug, and Cosmetic Act; ``(B) the date an application is conditionally approved under section 571(b) of the Federal Food, Drug, and Cosmetic Act; ``(C) the date a request for indexing is granted under section 572(d) of the Federal Food, Drug, and Cosmetic Act; or ``(D) the date of issuance of the interim final rule controlling the drug under section 201(j) of the Controlled Substances Act.''. SEC. 3. ENHANCING NEW DRUG DEVELOPMENT. Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(i)(1) For purposes of registration to manufacture a controlled substance under subsection (d) for use only in a clinical trial, the Attorney General shall register the applicant, or serve an order to show cause upon the applicant in accordance with section 304(c), not later than 180 days after the date on which the application is accepted for filing. ``(2) For purposes of registration to manufacture a controlled substance under subsection (a) for use only in a clinical trial, the Attorney General shall, in accordance with the regulations issued by the Attorney General, issue a notice of application not later than 90 days after the application is accepted for filing. Not later than 90 days after the date on which the period for comment pursuant to such notice ends, the Attorney General shall register the applicant, or serve an order to show cause upon the applicant in accordance with section 304(c), unless the Attorney General has granted a hearing on the application under section 1008(i) of the Controlled Substances Import and Export Act.''. SEC. 4. RE-EXPORTATION AMONG MEMBERS OF THE EUROPEAN ECONOMIC AREA. Section 1003 of the Controlled Substances Import and Export Act (21 U.S.C. 953) is amended-- (1) in subsection (f)-- (A) in paragraph (5)-- (i) by striking ``(5)'' and inserting ``(5)(A)''; (ii) by inserting ``, except that the controlled substance may be exported from a second country that is a member of the European Economic Area to another country that is a member of the European Economic Area, provided that the first country is also a member of the European Economic Area'' before the period at the end; and (iii) by adding at the end the following: ``(B) Subsequent to any re-exportation described in subparagraph (A), a controlled substance may continue to be exported from any country that is a member of the European Economic Area to any other such country, if-- ``(i) the conditions applicable with respect to the first country under paragraphs (1), (2), (3), (4), (6), and (7) are met by each subsequent country from which the controlled substance is exported pursuant to this paragraph; and ``(ii) the conditions applicable with respect to the second country under paragraphs (1), (2), (3), (4), (6), and (7) are met by each subsequent country to which the controlled substance is exported pursuant to this paragraph.''; and (B) in paragraph (6)-- (i) by striking ``(6)'' and inserting ``(6)(A)''; and (ii) by adding at the end the following: ``(B) In the case of re-exportation among members of the European Economic Area, within 30 days after each re-exportation, the person who exported the controlled substance from the United States delivers to the Attorney General-- ``(i) documentation certifying that such re-exportation has occurred; and ``(ii) information concerning the consignee, country, and product.''; and (2) by adding at the end the following: ``(g) Limitation.--Subject to paragraphs (5) and (6) of subsection (f) in the case of any controlled substance in schedule I or II or any narcotic drug in schedule III or IV, the Attorney General shall not promulgate nor enforce any regulation, subregulatory guidance, or enforcement policy which impedes re-exportation of any controlled substance among European Economic Area countries, including by promulgating or enforcing any requirement that-- ``(1) re-exportation from the first country to the second country or re-exportation from the second country to another country occur within a specified period of time; or ``(2) information concerning the consignee, country, and product be provided prior to exportation of the controlled substance from the United States or prior to each re-exportation among members of the European Economic Area.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: (This measure has not been amended since it was passed by the Senate on October 26, 2015. Improving Regulatory Transparency for New Medical Therapies Act (Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to delay the effective date of approval of a drug, biological product, or animal drug for which the Food and Drug Administration (FDA) recommends controls under the Controlled Substances Act until the Department of Justice (DOJ) issues a final interim rule for the drug. This delay also applies to conditional approval and indexing of animal drugs. This bill amends the Controlled Substances Act to require the DOJ to issue a final interim rule for a drug product recommended for controls by the FDA not later than 90 days after DOJ receives a recommendation for controls or the FDA approves the drug. The final interim rule is effective immediately. For purposes of submitting an application to extend a patent, a drug product recommended for controls is considered to be approved and have permission for commercial marketing and use on the date of FDA approval or the date an interim final rule is issued, whichever is later. (Sec. 3) Timelines are established for DOJ to either register an applicant to manufacture a controlled substance for a clinical trial or serve an order to show cause upon the applicant. (Sec. 4) This bill amends the Controlled Substances Import and Export Act to allow exported controlled substances to be re-exported within the European Economic Area.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Chemical Facility Anti-Terrorism Security Authorization Act of 2011''. SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS. (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following new title: ``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS ``SEC. 2101. CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS. ``(a) In General.--The Secretary shall maintain, and revise as necessary, regulations to protect chemical facilities against terrorism and potential terrorist attacks. Such regulations shall include-- ``(1) risk-based performance standards for chemical facility security; ``(2) requirements for chemical facility security vulnerability assessments; and ``(3) requirements for the development and implementation of chemical facility site security plans. ``(b) Facilities Regulated.--The regulations required by subsection (a) shall apply to any chemical facility that the Secretary determines presents a high level of security risk with respect to acts of terrorism, except that the Secretary may not apply such regulations to any of the following: ``(1) Any facility owned or operated by the Department of Defense. ``(2) Any facility owned or operated by the Department of Energy. ``(3) Any facility subject to regulation by the Nuclear Regulatory Commission. ``(4) Any facility regulated under chapter 701 of title 46, United States Code. ``(5) A public water system, as such term is defined by section 1401(4) of the Safe Drinking Water Act (42 U.S.C. 300f(4)). ``(6) A treatment works, as such term is defined by section 212(2) of the Federal Water Pollution Control Act (33 U.S.C. 1292(2)). ``(c) Security Measures.--The regulations required by subsection (a) shall provide that each such facility, in developing and implementing site security plans, be permitted to select layered security measures that, in combination, appropriately address the vulnerability assessment and the risk-based performance standards for security for the facility. ``(d) Review.-- ``(1) In general.--The Secretary shall review and approve or disapprove each vulnerability assessment and site security plan required under this title or by the regulations required by subsection (a). ``(2) Standards for disapproval.--The Secretary may not disapprove such a site security plan based on the presence or absence of a particular security measure, but the Secretary may disapprove such a site security plan if the plan fails to satisfy the risk-based performance standards established by the Secretary. ``(3) Deadline for notification.--Beginning after the Secretary publishes final regulations to implement this section, not later than 180 days, to the greatest extent practicable, after the date on which the Secretary receives a security vulnerability assessment or site security plan under this title, the Secretary shall review and approve or disapprove such assessment or plan and notify the covered chemical facility of such approval or disapproval. ``(4) Notification of disapproval.--If the Secretary disapproves the security vulnerability assessment or site security plan submitted by a covered chemical facility under this title or the implementation of a site security plan by such a chemical facility, the Secretary shall provide the owner or operator of the covered chemical facility a written notification of the disapproval not later than 14 days after the date on which the Secretary disapproves such assessment or plan, that-- ``(A) includes a clear explanation of deficiencies in the assessment, plan, or implementation of the plan; and ``(B) requires the owner or operator of the covered chemical facility to revise the assessment or plan to address any deficiencies and, by such date as the Secretary determines is appropriate, to submit to the Secretary the revised assessment or plan. ``(5) Reporting.--The Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate, on an annual basis, information on the number of instances during the year covered by the report where the Secretary determined that the 180 day notification requirement under paragraph (3) was impracticable. ``(e) Alternative Security Programs.--The Secretary may approve any alternative security program established by a private sector entity or Federal, State, or local authority, or under another applicable law, if the Secretary determines that the requirements of such program meets the requirements of this title and any regulations issued or maintained pursuant to this title. ``(f) Security Background Checks.--In any personnel surety regulation issued by the Secretary pursuant to subsection (a), the Secretary shall include provisions on how an owner or operator of a covered chemical facility can meet, in whole or in part, the requirements set forth in such regulations by submitting-- ``(1) information on an employee or individual holding a valid transportation security card issued under section 70105 of title 46, United States Code; ``(2) an alternate security background check conducted by a private sector entity, including the owner and operator of a covered chemical facility and a non-profit personnel surety accrediting organization; and ``(3) an alternate security background check conducted under another applicable law. ``(g) Technical Assistance to Small Businesses.--The Secretary shall provide technical assistance to any owner or operator of a covered chemical facility who requests such assistance to prepare a security vulnerability assessment or site security plan required under this title or by the regulations required by subsection (a), if the covered chemical facility is a small business concern, under the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632). ``SEC. 2102. INFORMATION PROTECTION. ``(a) In General.--Notwithstanding any other provision of law, information developed pursuant to this title, or pursuant to the regulations required by section 2101(a), including vulnerability assessments, site security plans, and other security related information, records, and documents shall be given protections from public disclosure consistent with similar information developed by chemical facilities subject to regulation under section 70103 of title 46, United States Code. ``(b) Sharing of Information.-- ``(1) State and local governments.--This section does not prohibit the sharing of such information, as the Secretary determines appropriate, with State and local government officials possessing the appropriate security clearances, including emergency response providers, for the purpose of carrying out this title, as long as such information may not be disclosed pursuant to any State or local law. ``(2) Congress.--Nothing in this title shall permit or authorize the withholding of information from Congress or any committee or subcommittee thereof. ``(c) Administrative and Judicial Proceedings.--In any proceeding to enforce this title, vulnerability assessments, site security plans, and other information submitted to or obtained by the Secretary under this title, and related vulnerability or security information, shall be treated as if the information were classified material. ``SEC. 2103. ENFORCEMENT. ``(a) In General.--The Secretary shall audit and inspect chemical facilities subject to regulation under this title for the purposes of determining compliance with this title and the regulations required by section 2101(a). ``(b) Orders for Compliance.--If the Secretary determines that a chemical facility is not in compliance with this title or the regulations required by section 2101(a), the Secretary shall provide the owner or operator of the facility with written notification (including a clear explanation of deficiencies in the vulnerability assessment and site security plan) and an opportunity for consultation, and issue an order to comply by such date as the Secretary determines to be appropriate under the circumstances. ``(c) Civil Penalties.--Any person who violates an order issued under this title shall be liable for a civil penalty under section 70119(a) of title 46, United States Code. ``(d) Order To Cease Operation.--If the owner or operator of a chemical facility subject to regulation under this title continues to be in noncompliance, the Secretary may issue an order for the facility to cease operation until the owner or operator complies with the order. ``(e) Exception.--Nothing in this title confers upon any person except the Secretary a right of action against an owner or operator of a chemical facility to enforce any provision of this title. ``SEC. 2104. JOBS IMPACT. ``Not later than one year after the date of the enactment of this title, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that, at a minimum, includes-- ``(1) an estimate of the potential jobs created or lost within the private sector as a result of the regulations required under section 2101 of this title; and ``(2) information on feedback received from owners and operators of covered chemical facilities about how the regulations required under section 2101 of this title could be revised to spur potential job creation or stem job losses. ``SEC. 2105. SCOPE. ``Nothing in this title shall be construed to supersede, amend, alter, or affect any Federal law that regulates the manufacture, distribution in commerce, use, sale, other treatment, or disposal of chemical substances or mixtures. ``SEC. 2106. PREEMPTION. ``This title shall not preclude or deny any right of any State or political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance with respect to chemical facility security that is more stringent than a regulation, requirement, or standard of performance required under this title, or otherwise impair any right or jurisdiction of any State with respect to chemical facilities within that State, unless there is an actual conflict between this title and the law of that State. ``SEC. 2107. TERMINATION. ``The authority provided by this title shall terminate on September 30, 2018. ``SEC. 2108. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Secretary to carry out this title $89,928,000 for each of fiscal years 2012 through 2018.''. (b) Table of Contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following new items: ``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS ``Sec. 2101. Chemical facility anti-terrorism security regulations. ``Sec. 2102. Information protection. ``Sec. 2103. Enforcement. ``Sec. 2104. Jobs Impact. ``Sec. 2105. Scope. ``Sec. 2106. Preemption. ``Sec. 2107. Termination. ``Sec. 2108. Authorization of appropriations.''. SEC. 3. CONFORMING REPEAL. (a) Repeal.--The Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295) is amended by striking section 550. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 4. HARMONIZATION. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the extent to which the security requirements under title XXI of the Homeland Security Act of 2002, as added by this Act, have been harmonized with the security requirements for facilities regulated under chapter 701 of title 46, United States Code.

Summary: Chemical Facility Anti-Terrorism Security Authorization Act of 2011 - Amends the Homeland Security Act of 2002 to require the Secretary of Homeland Security (DHS) to maintain regulations to protect chemical facilities against terrorism, which shall include: (1) risk-based performance standards for facility security, (2) requirements for facility security vulnerability assessments, and (3) requirements for the development and implementation of facility site security plans. Applies such regulations to any chemical facility that the Secretary determines presents a high level of security risk with respect to acts of terrorism, with the exception of Department of Defense (DOD) and Department of Energy (DOE) facilities, facilities regulated by the Nuclear Regulatory Commission (NRC), port security facilities, public water systems, and treatment works. Requires such regulations to provide that each facility be permitted to select layered security measures that, in combination, appropriately address the vulnerability assessment and risk-based performance standards. Directs the Secretary to approve or disapprove each assessment and site security plan. Prohibits the Secretary from disapproving such a plan based on the presence or absence of a particular security measure, but allows the Secretary to disapprove a plan that fails to satisfy performance standards. Requires the Secretary to: (1) approve or disapprove a security vulnerability assessment or site security plan after publishing final regulations and no later than 180 days after receipt, and (2) provide to a facility owner or operator no later than 14 days after such disapproval written notification that includes a clear explanation of deficiencies and that requires the owner or operator to make revisions to address deficiencies by an appropriate date. Authorizes the Secretary to approve an alterative security program established by a private sector entity or federal, state, or local authority, or established under another applicable law, if the Secretary determines that the requirements of such program meet the requirements of this Act. Requires the Secretary to include in any personnel surety regulation issued pursuant to this Act provisions on how a facility owner or operator can meet regulation requirements by submitting: (1) information on an employee or individual holding a valid transportation security card, (2) an alternate security background check conducted by a private sector entity, and (3) an alternate security background check conducted under another applicable law. Directs the Secretary to provide, upon request, to any owner or operator of a covered chemical facility that is a small business concern technical assistance to prepare a security vulnerability assessment or site security plan. Requires information developed pursuant to this Act to be protected from public disclosure but permits information sharing with state and local government officials under specified circumstances. Directs the Secretary to audit and inspect chemical facilities and order compliance with such regulations. Imposes civil penalties for violations. Authorizes the Secretary to issue an order for a facility not in compliance to cease operations. Requires the Secretary to report annually on: (1) an estimate of the potential jobs created or lost within the private sector as a result of the regulations required under this Act, and (2) information on feedback from facility owners and operators about how the regulations could be revised to spur potential job creation or stem job losses. Terminates this Act on September 30, 2018. Authorizes appropriations for FY2012-FY2018. (Sec. 3) Repeals similar provisions of the Department of Homeland Security Appropriations Act, 2007. (Sec. 4) Directs the Secretary to report on the extent to which the security requirements added by this Act have been harmonized with security requirements for facilities regulated under existing port security provisions.