Input:
SECTION 1. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Medical
Technology, Public Health, and Innovation Act of 1997''.
    (b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or a repeal of, a section or
other provision, the reference shall be considered to be made to a
section or other provision of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321 et seq.).

SEC. 2. FINDINGS; MISSIONS STATEMENT.

    (a) Findings.--The Congress finds the following:
            (1) While the United States appropriately puts a top
        priority on the regulation of medical technologies to ensure
        the safety and efficacy of medical technologies that are
        introduced into the marketplace, the administration of such
        regulatory effort is causing the United States to lose its
        leadership role in producing innovative, top-quality medical
        devices.
            (2) One of the key components of the medical device
        regulatory process that contributes to the United States losing
        its leadership role in medical device development is the
        inordinate amount of time it takes for medical technologies to
        be reviewed by the Food and Drug Administration.
            (3) The most important result of the United States losing
        its leadership role is that patients in the United States do
        not have access to new medical technology in a timely manner.
            (4) Delayed patient access to new medical technology
        results in lost opportunities to save lives, to reduce
        hospitalization and recovery time, and to improve the quality
        of life of patients.
            (5) The economic benefits that the United States medical
        device industry, which is composed principally of smaller
        companies, has provided through growth in jobs and global trade
        are threatened by the slow and unpredictable regulatory process
        at the Food and Drug Administration.
            (6) The pace and predictability of the medical device
        regulatory process are in part responsible for the increasing
        tendency of United States medical device companies to shift
        research, product development, and manufacturing offshore, at
        the expense of American jobs, patients, and leading edge
        clinical research.
    (b) Mission Statement.--This legislation seeks to improve the
timeliness, effectiveness, and predictability of the medical device
approval process for the benefit of United States patients and the
United States economy by--
            (1) providing for the use of nationally and internationally
        recognized performance standards to assist the Food and Drug
        Administration in determining the safety and effectiveness of
        medical devices;
            (2) facilitating communication between medical device
        companies and the Food and Drug Administration;
            (3) targeting the use of Food and Drug Administration
        resources on medical devices that are likely to have serious
        adverse health consequences; and
            (4) requiring the Food and Drug Administration to determine
        the least costly, most efficient approach to reasonably
        assuring the safety and effectiveness of devices.

SEC. 3. DEVICE PERFORMANCE STANDARDS.

    (a) Alternative Procedure.--Section 514 (21 U.S.C. 360d) is amended
by adding at the end the following:

                ``recognition of a performance standard

    ``(c)(1)(A) The Secretary may, through publication in the Federal
Register, issue notices identifying and listing nationally and
internationally recognized performance standards for which persons may
provide a certification of a device's conformity under paragraph (3) in
order to meet the premarket submission requirements or other
requirements under the Act to which the standards are applicable.
    ``(B) Any person may elect to utilize data other than data required
by the standards described in subparagraph (A) to meet any requirement
under the Act to which the standards are applicable.
    ``(2) The Secretary may remove from the list of standards described
in paragraph (1) a standard that the Secretary determines is no longer
appropriate for making determinations with respect to the regulation of
devices.
    ``(3)(A) A person may provide a certification that a device
conforms to an applicable standard listed under paragraph (1) to meet
the requirements described in paragraph (1) and the Secretary shall
accept such certification.
    ``(B) The Secretary may, at any time, request a person who submits
a certification described in subparagraph (A) to submit the data or
information that the person relied on in making the certification.
    ``(C) A person who submits a certification described in
subparagraph (A) shall maintain the data and information upon which the
certification was made for a period of 2 years after the submission of
the certification or a time equal to the expected design life of a
device, whichever is longer.''.
    (b) Section 301.--Section 301 (21 U.S.C. 331) is amended by adding
at the end the following:
    ``(x) The falsification of a certification submitted under section
514(c)(3) or the failure or refusal to provide data or information
requested by the Secretary under such section.''.
    (c) Section 501.--Section 501(e) (21 U.S.C. 351(e)) is amended by
striking ``established'' and inserting ``established or listed''.

SEC. 4. PREMARKET APPROVAL.

    (a) Application.--Section 515(c) (21 U.S.C. 360e(c)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (F), by striking ``; and'' and
                inserting a semicolon;
                    (B) in subparagraph (G), by striking ``require.''
                and inserting ``require; and''; and
                    (C) by adding at the end the following:
            ``(H) an identifying reference to any performance standard
        listed under section 514(c) that is applicable to such
        device.''.
            (2) by adding at the end the following:
    ``(3) The Secretary shall accept historical clinical data as a
control for use in determining whether there is a reasonable assurance
of safety and effectiveness of a device in a case in which the effects
of the progression of a disease are clearly defined and well
understood.
    ``(4) The Secretary may not require the sponsor of an application
to conduct clinical trials for a device using randomized controls
unless the controls--
            ``(A) are necessary;
            ``(B) are scientifically and ethically feasible; and
            ``(C) other less burdensome and controls, such as
        historical controls, are not available to permit a
        determination of a reasonable assurance of safety and
        effectiveness.''.
    (b) Action on Application.--Section 515(d) (21 U.S.C. 360e(d)) is
amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``paragraph (2) of this
                subsection'' each place it appears and inserting
                ``paragraph (8)''; and
                    (B) by adding at the end the following flush
                paragraph:
``In making a determination to approve or deny an application, the
Secretary shall rely on the conditions of use proposed in the labeling
of device as the basis for determining whether or not there is a
reasonable assurance of safety and effectiveness. If, based on a fair
evaluation of all material facts, the proposed labeling of the device
is neither false nor misleading in any particular, the Secretary shall
not consider conditions of use not included in such labeling in making
the determination.'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs
        (8) and (9), respectively; and
            (3) by inserting after paragraph (1) the following:
    ``(2) Each application received under subsection (c) shall be
reviewed in a manner to achieve final action within the 180-day period
described in subparagraph (A), and the 180-day period may not be
altered for any reason without the written consent of an applicant.
    ``(3)(A) Not later than 100 days after the receipt of an
application that has been filed by the Secretary because the
application satisfies the content requirements of subsection (c)(1),
the Secretary shall meet with the applicant and disclose each
deficiency relating to the application that would preclude approval of
the application under paragraph (1).
    ``(B) The applicant shall have the right to be informed in writing
with respect to the information communicated to the applicant during
the meeting.
    ``(4) To permit better treatment or better diagnoses of life-
threatening or irreversibly debilitating diseases or conditions, the
Secretary shall expedite the review for devices--
            ``(A) representing breakthrough technologies;
            ``(B) offering significant advantages over existing
        approved alternatives; or
            ``(C) for which accelerated availability is in the best
        interest of the public health.
    ``(5) The Secretary shall complete the review of all supplemental
applicants to an application approved under paragraph (1) that do not
contain clinical data within 90 days after the receipt of a
supplemental that has been accepted for filing.''
    ``(6)(A) A supplemental application shall be required for any
change to a device subject to an approved application under this
subsection if the change affects safety or effectiveness, unless the
change is a modification in a manufacturing procedures or method of
manufacturing and the holder of an approved application submits a
notice to the Secretary that describes the change and informs the
Secretary that the change has been made under the requirements of
section 520(f).
    ``(B)(i) In reviewing a supplement to an approved application for
an incremental change to the design of a device that affects safety or
effectiveness, the Secretary shall approve the supplement if--
            ``(I) nonclinical data demonstrate that a design
        modification creates the intended additional capacity,
        function, or performance of the device; and
            ``(II) clinical data from the approved application and any
        supplements to the approved application provide a reasonable
        assurance of safety and effectiveness.
    ``(ii) The Secretary may require, when necessary, additional
clinical data to evaluate the design modification to provide a
reasonable assurance of safety and effectiveness.
    ``(7) Any representation in promotional materials for a device
subject to an approved application under this subsection shall not be
subject to premarket approval under this section, unless such
representations establish new conditions of use. Any representations
made in promotional materials for devices subject to an approved
application shall be supported by appropriate data or information that
can substantiate the representations at the time such representations
are made.''.
    (c) Withdrawal or Temporary Suspension of Approval of
Application.--Section 5155(e)(1) (21 U.S.C. 360e(1)) is amended in
subparagraph (G) by inserting after the word ``effect'' the words ``or
listed.''

SEC. 5. PREMARKET NOTIFICATION.

    (a) Exemption of Certain Devices.--Section 510 (21 U.S.C. 360) is
amended--
            (1) in subsection (k), by striking ``intended for human
        use'' and inserting ``intended for human use (except a device
        that is classified into class I under section 513 or 520 or a
        device that is classified into class II under section 513 or
        520, and is exempt from the requirements of this subsection
        under subsection (l))'';
            (2) by adding at the end of subsection (k) (as amended by
        paragraph (1)) the following flush sentence:
``The Secretary shall review the notification required by this
subsection and make a determination under section 513(f)(1)(A) within
90 days after receiving the notification.''; and
            (3) by adding at the end the following:
    ``(1)(A) Within 30 days after the date of enactment of this
subsection, the Secretary shall develop and publish in the Federal
Register a list of each type of class II device that does not require a
report under subsection (k) to provide reasonable assurance of safety
and effectiveness. Each type of class II device identified by the
Secretary not to require the report shall be exempt from the
requirement to file a report under subsection (k) as of the date of the
publication of the list in the Federal Register.
    ``(B) Beginning on the date that is 1 day after the date of the
publication of a list under this subsection, any person may petition
the Secretary to exempt a type of class II device from the requirement
of subsection (k). The Secretary shall respond to the petition within
120 days after the receipt of the petition and determine whether or not
to grant the petition in whole or in part.''.
    (b) Special Rule Relating to Exemption of Class I Devices From
510(k) Notifications.--The exemption of a class I device from the
notification requirement of section 510(k) shall not apply to a class I
device that is life sustaining or life saving or that is intended to be
implanted into the human body.

SEC. 6. INVESTIGATIONAL DEVICE EXEMPTION.

    (a) Regulations.--Section 520(g) (21 U.S.C. 360j(g)) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs
        (5) and (6), respectively; and
            (2) by inserting after paragraph (3) the following:
    ``(4) The Secretary shall, within 120 days after the date of
enactment of this paragraph, by regulation, amending the content of
part 812 of title 21 of the Code of Federal Regulations, amend the
procedures with respect to the approval of clinical studies under this
subsection as follows:
            ``(A) The Secretary shall permit the sponsor of an
        investigation to meet with the Secretary prior to the
        submission of an application to develop a protocol for a
        clinical study subject to the regulation and require that the
        protocol be agreed upon in writing by the sponsor and the
        Secretary.
            ``(B)(i) The Secretary shall permit developmental changes
        to devices in response to information gathered during the
        course of an investigation without requiring an additional
        approval of an application for an investigational device
        exemption, or the approval of a supplement to the application,
        if the changes meet the following requirements:
                    ``(I) The changes do not constitute a significant
                change in the design of the product or a significant
                change in basic principles of operation.
                    ``(II) The changes do not adversely affect patient
                safety.
            ``(ii) The Secretary shall require that each such change
        shall be documented with information describing the change and
        the basis of the sponsor of application for concluding that the
        change does not constitute a significant change in design or
        operating principles, and that the change does not adversely
        affect patient safety.''.
    (b) Conforming Amendments.--Section 517(a)(7) (21 U.S.C.
360g(a)(7)) is amended--
            (1) by striking ``section 520(g)(4)'' and inserting
        ``section 520(g)(5)''; and
            (2) by striking ``section 520(g)(5)'' and inserting
        ``section 520(g)(6)''.

SEC. 7 PRODUCT REVIEW.

    Section 513 (21 U.S.C. 360c) is amended by--
            (1) in subsection (a)(3)(A)--
                    (A) by striking ``including clinical investigations
                where appropriate'' and inserting ``including 1 or more
                clinical investigations where appropriate'';
                    (B) by adding at the end the following: ``When
                evaluating the type and amount of data necessary to
                find a reasonable assurance of device effectiveness for
                an approval under section 515, the Secretary shall
                consider the extent to which reliance on postmarket
                controls may contribute to such assurance and expedite
                effectiveness determinations without increasing
                regulatory burdens on persons who submit applications
                under section 515(c).'';
            (2) in subsection (a)(3), by adding at the end the
        following:
    ``(C)(i) The Secretary upon the request of any person intending to
submit an application under section 515 shall meet with the person to
determine the type of valid scientific evidence within the meaning of
subparagraphs (A) and (B) that will be necessary to demonstrate the
effectiveness of a device for the conditions of use proposed by such
person to support an approval of an application.
    ``(ii) Within 30 days after such meeting, the Secretary shall
specify in writing the type of valid scientific evidence that will
provide a reasonable assurance that a device is effective under the
conditions of use proposed by the person.
    ``(iii) Any clinical data, including 1 or more well-controlled
investigations, specified by the Secretary for demonstrating a
reasonable assurance of device effectiveness shall reflect the
Secretary's determination that such data are necessary to establish
device effectiveness and that no other less burdensome means of
evaluating device effectiveness are available which would have a
reasonable likelihood of resulting in an approval.
    ``(2) The determination of the Secretary with respect to the
specification of the valid scientific evidence under clause (ii) shall
be binding upon the Secretary, unless such determination by the
Secretary would be contrary to the public health''; and
            (3) in subsection (i), by adding at the end the following:
    ``(C) To facilitate reviews of reports submitted to the Secretary
under section 510(k), the Secretary shall consider the extent to which
reliance on postmarket controls may expedite the classification of
devices under subsection (f)(1).
    ``(D) Whenever the Secretary requests information to demonstrate
that devices with differing technological characteristics are
substantially equivalent, the Secretary shall only request information
that is necessary to making substantial equivalence determinations. In
making such requests, the Secretary shall consider the least burdensome
means of demonstrating substantial equivalence and request information
accordingly.
    ``(E) Any determinations of substantial equivalence by the
Secretary shall be based upon the intended uses proposed in labeling
submitted in a report under section 510(k).
    ``(F) Any representations made in promotional materials for devices
shall not require a report under section 510(k), unless such
representations establish new intended uses for a legally marketed
device.''.

Output:
Medical Technology, Public Health, and Innovation Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to authorize the Secretary of Health and Human Services to identify and list nationally and internationally recognized performance standards for which persons may self-certify a device's conformity in order to meet FDCA requirements.  Allows use of data other than that required by the standards to meet any FDCA requirement.  Adds to the list of prohibited acts certification falsification or the failure or refusal to provide the data or information relied on in the certification.
(Sec. 4) Requires that premarket approval applications include an identifying reference to any such performance standard.  Directs the Secretary to accept historical clinical data as a control for use in determining safety and effectiveness when a disease's progression is clearly defined and well understood.  Limits requiring clinical trials using randomized controls.  Modifies requirements regarding action on premarket approval applications.
(Sec. 5) Exempts from premarket notification requirements certain class I and class II devices.  Directs the Secretary to develop and publish a list of each type of class II device not requiring premarket notification.  Allows petitioning for exemption of a class II type from the notification requirement.
(Sec. 6) Changes clinical study approval procedures, allowing:  (1) the investigation sponsor to meet with the Secretary before application submission to develop a protocol; and (2) device developmental changes during an investigation without requiring an additional approval or an application supplement, if certain requirements are met.
(Sec. 7) Allows device effectiveness to be determined on the basis of one or more clinical investigations (currently, by well-controlled investigations).  Requires the Secretary:  (1) to consider the extent to which postmarket controls may contribute to the assurance of effectiveness and expedite effectiveness determinations without increasing regulatory burdens; (2) on request, to meet with an intended applicant to determine the type of effectiveness evidence that will be necessary; (3) to consider the extent to which postmarket controls may expedite device classification; (4) when requesting information demonstrating substantial equivalence, to only request information necessary to make substantial equivalence determinations; and (5) base substantial equivalence determinations on the intended uses in submitted labeling.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure And Fair Enforcement Banking
Act of 2017'' or the ``SAFE Act of 2017''.

SEC. 2. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.

    A Federal banking regulator may not--
                    (1) terminate or limit the deposit insurance or
                share insurance of a depository institution under the
                Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.)
                or the Federal Credit Union Act (12 U.S.C. 1751 et
                seq.) solely because the depository institution
                provides or has provided financial services to a
                cannabis-related legitimate business;
                    (2) prohibit, penalize, or otherwise discourage a
                depository institution from providing financial
                services to a cannabis-related legitimate business or
                to a State or political subdivision of a State that
                exercises jurisdiction over cannabis-related legitimate
                businesses;
                    (3) recommend, incentivize, or encourage a
                depository institution not to offer financial services
                to an account holder, or to downgrade or cancel the
                financial services offered to an account holder solely
                because--
                            (A) the account holder is a manufacturer or
                        producer, or is the owner, operator, or
                        employee of a cannabis-related legitimate
                        business;
                            (B) the account holder later becomes an
                        owner or operator of a cannabis-related
                        legitimate business; or
                            (C) the depository institution was not
                        aware that the account holder is the owner or
                        operator of a cannabis-related legitimate
                        business; and
                    (4) take any adverse or corrective supervisory
                action on a loan made to an owner or operator of--
                            (A) a cannabis-related legitimate business,
                        solely because the owner or operator owns or
                        operates a cannabis-related legitimate
                        business; or
                            (B) real estate or equipment that is leased
                        to a cannabis-related legitimate business,
                        solely because the owner or operator of the
                        real estate or equipment leased the equipment
                        or real estate to a cannabis-related legitimate
                        business.

SEC. 3. PROTECTIONS UNDER FEDERAL LAW.

    (a) In General.--In a State or a political subdivision of a State
that allows the cultivation, production, manufacture, sale,
transportation, display, dispensing, distribution, or purchase of
cannabis pursuant to a law or regulation of such State or political
subdivision a depository institution that provides financial services
to a cannabis-related legitimate business, and the officers, directors,
and employees of that depository institution may not be held liable
pursuant to any Federal law or regulation--
            (1) solely for providing such financial services pursuant
        to the law or regulation of such State or political
        subdivision; or
            (2) for further investing any income derived from such
        financial services.
    (b) Forfeiture.--A depository institution that has a legal interest
in the collateral for a loan or another financial service provided to
an owner or operator of a cannabis-related legitimate business, or to
an owner or operator of real estate or equipment that is leased or sold
to a cannabis-related legitimate business, shall not be subject to
criminal, civil, or administrative forfeiture of that legal interest
pursuant to any Federal law for providing such loan or other financial
service.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act shall require a depository institution to
provide financial services to a cannabis-related legitimate business.

SEC. 5. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS.

    Section 5318(g) of title 31, United States Code, is amended by
adding at the end the following:
            ``(5) Requirements for cannabis-related businesses.--A
        financial institution or any director, officer, employee, or
        agent of a financial institution that reports a suspicious
        transaction pursuant to this subsection and the reason for the
        report relates to a cannabis-related legitimate business (as
        defined in section 6 of the Secure and Fair Enforcement Banking
        Act of 2017), the report shall comply with appropriate guidance
        issued by the Financial Crimes Enforcement Network. The
        Secretary shall ensure that the guidance is consistent with the
        purpose and intent of the Secure and Fair Enforcement Banking
        Act of 2017 and does not inhibit the provision of financial
        services to a cannabis-related legitimate business in a State
        or political subdivision of a State that has allowed the
        cultivation, production, manufacture, transportation, display,
        dispensing, distribution, sale, or purchase of cannabis
        pursuant to law or regulation of such State or political
        subdivision.''.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Depository institution.--The term ``depository
        institution'' means--
                    (A) a depository institution as defined in section
                3(c) of the Federal Deposit Insurance Act (12 U.S.C.
                1813(c));
                    (B) a Federal credit union as defined in section
                101 of the Federal Credit Union Act (12 U.S.C. 1752);
                or
                    (C) a State credit union as defined in section 101
                of the Federal Credit Union Act (12 U.S.C. 1752).
            (2) Federal banking regulator.--The term ``Federal banking
        regulator'' means each of the Board of Governors of the Federal
        Reserve System, the Bureau of Consumer Financial Protection,
        the Federal Deposit Insurance Corporation, the Office of the
        Comptroller of the Currency, the National Credit Union
        Administration, or any Federal agency or department that
        regulates banking or financial services, as determined by the
        Secretary of the Treasury.
            (3) Financial service.--The term ``financial service''
        means a financial product or service as defined in section 1002
        of the Dodd-Frank Wall Street Reform and Consumer Protection
        Act (12 U.S.C. 5481).
            (4) Manufacturer.--The term ``manufacturer'' means a person
        who manufactures, compounds, converts, processes, prepares, or
        packages cannabis or cannabis products.
            (5) Cannabis-related legitimate business.--The term
        ``cannabis-related legitimate business'' means a manufacturer,
        producer, or any person that--
                    (A) engages in an activity described in
                subparagraph (B) pursuant to a law or regulation of a
                State, political subdivision of a State, or a Tribal-
                State compact; or
                    (B) participates in any business or organized
                activity that involves handling cannabis or cannabis
                products, including cultivating, producing,
                manufacturing, selling, transporting, displaying,
                dispensing, distributing, or purchasing cannabis or
                cannabis products.
            (6) Cannabis.--The term ``cannabis'' has the meaning given
        the term ``marihuana'' in section 102 of the Controlled
        Substances Act (21 U.S.C. 802).
            (7) Cannabis product.--The term ``cannabis product'' means
        any article which contains cannabis, including an article which
        is a concentrate, an edible, a tincture, a cannabis-infused
        product, or a topical.
            (8) Producer.--The term ``producer'' means a person who
        plants, cultivates, harvests, or in any way facilitates the
        natural growth of cannabis.
            (9) State.--The term ``State'' means each of the several
        States, the District of Columbia, Puerto Rico, and any
        territory or possession of the United States.

Output: Secure and Fair Enforcement Banking Act of 2017 or the SAFE Act of 2017 This bill prohibits a federal banking regulator from: (1) terminating or limiting the deposit insurance or share insurance of a depository institution solely because the institution provides financial services to a legitimate marijuana-related business; (2) prohibiting or otherwise discouraging a depository institution from offering financial services to such a business; (3) recommending, incentivizing, or encouraging a depository institution not to offer financial services to an account holder solely because the account holder is affiliated with such a business; or (4) taking any adverse or corrective supervisory action on a loan made to a person solely because the person either owns such a business or owns real estate or equipment leased to such a business. As specified by the bill, a depository institution shall not, under federal law, be liable or subject to forfeiture for providing financial services to a legitimate marijuana-related business.


Input:
SECTION 1. PRICE SUPPORT PROGRAM FOR MILK.

    (a) In General.--Effective January 1, 1996, section 204 of the
Agricultural Act of 1949 (7 U.S.C. 1446e) is amended to read as
follows:

``SEC. 204. MILK PRICE SUPPORT PROGRAM FOR CALENDAR YEARS 1996 THROUGH
              2002.

    ``(a) In General.--During the period beginning January 1, 1996, and
ending December 31, 2002, the price of milk produced in the 48
contiguous States shall be supported as provided in this section.
    ``(b) Support Price.--
            ``(1) In general.--During each of the calendar years 1996
        through 2002, the price of milk used for cheese shall be
        supported at the rate provided in paragraph (2). Milk used for
        nonfat dry milk or butter shall not be supported under this
        section.
            ``(2) Annual rate.--For calendar year 1996, the rate of
        price support for milk used for cheese shall be equal to $10.00
        per hundredweight. For each of the calendar years 1997 through
        2002, the rate of price support for milk used for cheese shall
        be reduced by 10 cents per hundredweight from the rate in
        effect for the preceding calendar year.
    ``(c) Purchases.--
            ``(1) In general.--The price of milk used for cheese shall
        be supported through the purchase of cheese. Such purchases
        shall be based on the support price in effect during the
        applicable calendar year.
            ``(2) Sales through deip.--Sales for export under the dairy
        export incentive program established under section 153 of the
        Food Security Act of 1985 (15 U.S.C. 713a-14) shall not be
        considered as Commodity Credit Corporation purchases under
        subsection (d).
    ``(d) Support Rate Adjustments.--Effective January 1 of each of the
calendar years 1996 through 2002, if the level of purchases of milk and
the products of milk by the Commodity Credit Corporation under this
section (less sales under section 407 for unrestricted use), as
estimated by the Secretary by November 20 of the preceding calendar
year, will exceed 1,500,000,000 pounds (milk equivalent, total milk
solids basis), the Secretary shall decrease by 25 cents per
hundredweight, in addition to the annual reduction under subsection
(b)(2), the rate of price support for milk used for cheese in effect
for the calendar year. The support rate adjustment provided under this
subsection shall be effective only for the calendar year applicable to
the estimate of the Secretary. After the support rate adjustment
terminates, the support price shall be the level provided under
subsection (b)(2).
    ``(e) Residual Authority for Refund and Compensatory Budget Deficit
Assessment.--
            ``(1) Refunds of 1995 assessments.--The Secretary shall
        provide for a refund of the entire reduction under subsection
        (h)(2) of this section, as in effect on December 31, 1995, in
        the price of milk received by a producer during calendar year
        1995, if the producer provides evidence that the producer did
        not increase marketings in calendar year 1995 when compared to
        calendar year 1994. A refund under this subsection shall not be
        considered as any type of price support or payment for purposes
        of sections 1211 and 1221 of the Food Security Act of 1985.
            ``(2) Residual assessment in calendar year 1996.--
                    ``(A) In general.--During the period beginning on
                May 1, 1996, and ending on December 31, 1996, the
                Secretary shall provide for a reduction in the price
                received by producers for all milk produced in the 48
                contiguous States and marketed by producers for
                commercial use.
                    ``(B) Amount.--The amount of the reduction under
                subparagraph (A) shall be an amount determined by the
                Secretary sufficient to equal, when applied to
                reductions made on milk marketed, the amount that
                compensates for refunds made under paragraph (1).
            ``(3) Enforcement.--
                    ``(A) Collection.--Reductions in price required
                under paragraph (2) shall be collected and remitted to
                the Commodity Credit Corporation in the manner
                prescribed by the Secretary.
                    ``(B) Penalties.--If any person fails to collect or
                remit the reduction required by paragraph (2) or fails
                to comply with such requirements for recordkeeping or
                as otherwise are required by the Secretary to carry out
                this subsection, the person shall be liable to the
                Secretary for a civil penalty up to an amount
                determined by multiplying--
                            ``(i) the quantity of milk involved in the
                        violation expressed in hundredweights; by
                            ``(ii) the support rate for milk in effect
                        under this section at the time of the
                        violation.
                    ``(C) Enforcement in courts.--The Secretary may
                enforce this subsection in the courts of the United
                States.
    ``(f) Commodity Credit Corporation.--The Secretary shall carry out
the program authorized by this section through the Commodity Credit
Corporation.
    ``(g) Period.--This section shall be effective only during the
period beginning January 1, 1996, and ending December 31, 2002.''.
    (b) Milk Manufacturing Marketing Adjustment.--Section 102 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 1446e-
1) is repealed.

SEC. 2. ESTABLISHMENT OF A CLASS IV ACCOUNT.

    (a) Establishment of Class IV Account.--Notwithstanding any other
provision of law, effective January 1, 1996, the Secretary of
Agriculture shall establish a special milk marketing order to equalize
returns on all milk used in the 48 contiguous States of the United
States to produce Class IV final products (butter, nonfat dry milk, and
dry whole milk) among all milk marketed by producers for commercial use
in the 48 contiguous States.
    (b) Class IV Price and Differential; Proration.--
            (1) Price.--The Secretary shall determine a milk equivalent
        value per hundredweight for Class IV final products each month
        based on the average wholesale market prices during the month
        for Class IV final products. Such milk equivalent value at 3.67
        percent milkfat shall be the per hundredweight Class IV price
        under the special Class IV account established under subsection
        (a).
            (2) Differential.--The Administrator of the special Class
        IV account shall announce, on the first business day of each
        month, the per hundredweight Class IV differential applicable
        under the order to the preceding month. Such monthly Class IV
        differential shall be the amount, if any, by which the support
        rate for milk in effect under section 204 of the Agricultural
        Act of 1949 exceeds the Class IV price established pursuant to
        paragraph (1).
            (3) Proration.--On or before the twentieth day after the
        end of each month, the Administrator of the special Class IV
        account shall--
                    (A) determine the amount of milk produced in the 48
                contiguous States of the United States and marketed for
                commercial use in making Class IV final products during
                the preceding month;
                    (B) calculate the amount equal to the number of
                hundredweights of milk used for Class IV final products
                during the preceding month (as determined under
                subparagraph (A)) multiplied by the Class IV
                differential for the month established under paragraph
                (2), and add to that amount the cost of administering
                the special Class IV account during the current month;
                and
                    (C) prorate the amount established under
                subparagraph (B) among the total amount, in
                hundredweights, of milk produced in the 48 contiguous
                States and marketed for commercial use during such
                preceding month.
    (c) Account Obligations.--On or before the twenty-fifth day after
the end of each month--
            (1) each person making payment to a producer for milk
        produced in any of the 48 contiguous States of the United
        States and marketed for commercial use shall collect from each
        producer the amount determined by multiplying the quantity of
        milk handled for the account of such producer during the
        preceding month by the Class IV differential proration
        established pursuant to subsection (b)(3)(C). Such amount shall
        be remitted to the Administrator of the special Class IV
        account; and
            (2) any producer marketing milk of that producer's own
        production in the form of milk or dairy products to consumers,
        either directly or through retail or wholesale outlets, shall
        remit to the Administrator of the special Class IV account the
        amount determined by multiplying the quantity of such milk
        marketed by such producer by the Class IV differential
        proration established under subsection (b)(3)(C).
    (d) Distribution of Account Proceeds.--On or before the thirtieth
day after the end of each month, the Administrator of the special Class
IV account shall pay to each person that used skim milk and butterfat
to produce Class IV final products during the preceding month a
proportionate share of the total special Class IV account proceeds for
such month. The proportion of the total proceeds payable to each person
shall be the same proportion that the skim milk and butterfat used by
such person to product Class IV final products during the preceding
month is of the total skim milk and butterfat used by all persons
during the preceding month to product Class IV final products.
    (e) Effect on Blend Prices.--Producer blend prices under a milk
marketing order shall be adjusted to account for revenue distributions
required under subsections (c) and (d).
    (f) Administration of Class IV Account.--The Secretary of
Agriculture shall appoint a person to serve as Administrator of the
Class IV account and shall delegate to that person such powers as are
needed to fulfill the duties of Administrator.
    (g) Enforcement.--
            (1) Collection.--The amounts specified in subsection (c)
        shall be collected and remitted to the Administrator in the
        manner prescribed by the Secretary of Agriculture.
            (2) Penalties.--If any person fails to remit the amounts
        required in subsection (c) or fails to comply with such
        requirements for recordkeeping or otherwise as are required by
        the Secretary to carry out this section, the person shall be
        liable to the Secretary for a civil penalty up to an amount
        determined by multiplying--
                    (A) the quantity of milk involved in the violation;
                by
                    (B) the support rate for milk in effect under
                section 204 of the Agricultural Act of 1949 for the
                applicable calendar year.
            (3) Enforcement.--The Secretary may enforce this section in
        the courts of the United States.
    (h) Issuance of Class IV Account.--The Secretary shall issue
regulations to effectuate the Class IV account without regard to the
notice and comment requirements in section 553 of title 5, United
States Code.
    (i) Definition of Milk Marketing Order.--For purposes of this
section, the term ``milk marketing order'' means a milk marketing order
issued pursuant to section 8c of the Agricultural Adjustment Act, as
reenacted with amendments by the Agricultural Marketing Agreement Act
of 1937 (7 U.S.C. 608c), and any comparable State milk marketing order
or system.
    (j) Class IV Designation.--Effective January 1, 1996, section
8c(5)(A) of the Agricultural Adjustment Act, as reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 608c(5)(A)), is amended by adding at the end the following new
sentence: ``Each marketing order issued pursuant to this section for
milk and its products shall include all skim milk and butterfat used to
produce butter, nonfat dry milk, and dry whole milk as a Class IV
classification.''.

SEC. 3. DAIRY EXPORT INCENTIVE PROGRAM.

    (a) In General.--Section 153 of the Food Security Act of 1985 (15
U.S.C. 713a-14) is amended--
            (1) in subsection (a), by--
                    (A) striking ``2001'' and inserting ``2002''; and
                    (B) striking ``an export incentive program'' and
                inserting ``export incentive programs (the export bid
                program and the price equalization program)'';
            (2) in subsection (b), by--
                    (A) inserting ``exporter bid'' before ``program'';
                and
                    (B) inserting ``of Agriculture'' after
                ``Secretary'' the first time it appears in the
                subsection;
            (3) in subsection (c), by inserting ``exporter bid'' before
        ``program'' the first time it appears in the subsection;
            (4) in subsection (d), by inserting ``exporter bid'' before
        ``program'' the first time it appears in the subsection;
            (5) in subsection (e), by inserting ``exporter bid'' before
        ``program''; and
            (6) by adding at the end the following new subsection:
    ``(f)(1) The price equalization program established under this
section shall provide for the Corporation to make payments to the
Administrator of the Class IV account established under section 1202 of
the Agricultural Reconciliation Act of 1995, at the request of the
Administrator, as provided in this subsection. The Secretary shall have
the right to accept or reject any per-unit amount requested by the
Administrator under such criteria as the Secretary deems appropriate.
    ``(2) Under the price equalization program, the Administrator may
request, on a quarterly basis, price equalization payments on the milk
equivalent, total milk solids basis, of amounts of solids not fat and
butterfat exported from the United States during the preceding quarter.
The rate of payment per unit of milk equivalent exported shall be an
amount equal to the difference between the support rate for milk in
effect under section 204 of the Agricultural Act of 1949 for the
applicable quarter and the average Class IV price during such quarter,
as determined under criteria established by the Secretary.
    ``(3) The Corporation may not make any payments under the price
equalization program during the 12-month period beginning on July 1 of
each year that will be inconsistent with the obligations of the United
States under any trade agreement to which it is a party. For purposes
of this paragraph, any unit of milk equivalent on which a payment is
made under the export bid program authorized by this section shall only
be counted one time to determine consistency with any quantitative
trade obligation of the United States.
    ``(4) The price equalization program shall be operated under such
rules and regulations issued by the Secretary as the Secretary deems
necessary to ensure that--
            ``(A) first priority in funds and tonnage allocations
        available for the operations of the programs under this section
        is given to the export bid program; and
            ``(B) sufficient documentation is provided of the export of
        the amounts of milk equivalent on which payments are made.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
become effective January 1, 1996.

SEC. 4. CONSOLIDATION AND REFORM OF FEDERAL MILK MARKETING ORDERS.

    (a) Hearing by the Secretary and Follow-Up Action.--As soon as
practicable after the enactment of this Act, the Secretary of
Agriculture shall invite proposals to consolidate and reform Federal
milk marketing orders issued under section 8c of the Agricultural
Adjustment Act, reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 608c), and conduct one or more hearings
to consider such proposals. Any such hearing also shall consider how
all milk, including manufacturing grade milk, shall be regulated under
either a Federal or State order (with manufacturing grade producers
receiving pool proceeds from Class III and Class IV sales only).
    (b) Expedited Process.--The hearing provided for in subsection (a)
shall be conducted under administrative hearing procedures, except that
the Secretary shall have 90 days after the public hearing to determine,
based on the hearing record, whether the consolidation of the orders
will tend to accomplish the purposes of the Agricultural Adjustment
Act, reenacted with amendments by the Agricultural Marketing Agreement
Act of 1937, and shall announce the determination through publication
in the Federal Register by the end of such 90-day period. Such
consolidation of orders provided for under the Secretary's
determination shall be implemented within 2 years after the date of the
enactment of this Act.
    (c) Sense of Congress Regarding Consolidation of Federal Orders.--
It is the sense of Congress that Federal milk marketing orders in
operation under the Agricultural Adjustment Act, reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937 should
be consolidated to between 8 and 14 orders.

Output:
Amends the Agricultural Act of 1949 to establish milk price support provisions for calendar years 1996 through 2002.
Mandates establishment of a special milk marketing order to equalize returns on all milk used in the 48 contiguous States to produce Class IV final products (butter, nonfat dry milk, and dry whole milk) among all milk marketed by producers for commercial use in those States.
Amends the Food Security Act of 1985 to extend the termination date of the dairy products export incentive program (renaming it as the exporter bid program).  Establishes a dairy products export incentive program (the price equalization program), requiring it to provide for payments by the Commodity Credit Corporation to the Administrator of the Class IV account established under the Agricultural Reconciliation Act of 1995.
Mandates inviting proposals and conducting expedited hearings on consolidating and reforming Federal milk marketing orders issued under specified provisions of the Agricultural Marketing Agreement Act of 1937, including considering how all milk shall be regulated under Federal or State order, with manufacturing grade producers receiving pool proceeds from Class III and Class IV sales only.  Declares that it is the sense of the Congress that Federal milk marketing orders in operation under the Agricultural Adjustment Act should be consolidated to between 8 and 14 orders.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Common Sense Hazardous Waste
Facilities Siting and Permitting Act of 1996''.

SEC. 2. AMENDMENT OF SOLID WASTE DISPOSAL ACT.

    (a) In General.--Subtitle C of the Solid Waste Disposal Act (42
U.S.C. 6921 and following) is amended by adding the following new
section at the end thereof:

``SEC. 3024. SITING OF NEW OR EXPANDED HAZARDOUS WASTE FACILITIES.

    ``(a) Definitions.--For purposes of this section:
            ``(1) Application.--The term `application' means an
        application filed with a State or local permitting authority
        for approval to site a new or expanded hazardous waste
        facility.
            ``(2) Densely populated area.--The term `densely populated
        area' means an incorporated place or census designated place
        ``(defined by the Census Bureau) with a population density of
        at least 1,500 people per square mile as determined by the
        decennial census.
            ``(3) Environmental redlining.--The term `environmental
        redlining' means the selection of sites for new or expanded
        hazardous waste facilities based predominantly on the income of
        the majority of residents of real property surrounding the new
        or expanded hazardous waste facility site.
            ``(4) Host community.--The term `host community' means the
        incorporated place or census designated place of a State in
        which a new or expanded hazardous waste facility is proposed to
        be located.
            ``(5) New or expanded hazardous waste facility.--The term
        `new or expanded hazardous waste facility' means a hazardous
        waste treatment, storage, or disposal facility--
                    ``(A) the construction of which commences after the
                enactment of this section, or
                    ``(B) the expansion of the physical capacity of
                which commences after January 1, 2000.
        For the purposes of this paragraph, the term `commence', when
        used with respect to a facility, refers to the issuance of all
        applicable permits for such facility under other provisions of
        Federal, State, and local law.
            ``(6) Official.--The term `official' means the elected
        executive official(s) of the host community if it is
        incorporated, or the county executive official or officials if
        it is a census designated place.
            ``(7) Person.--The term `person' means an individual,
        corporation, partnership, limited partnership, limited
        liability company, or any other lawful business entity that
        plans to operate a new or expanded hazardous waste facility.
            ``(8) Prime farm land.--The term `prime farm land' means
        real property on which crop yields exceed the State's annual
        average (as determined by the United States Department of
        Agriculture) of units per acre by at least 15 percent for 5
        consecutive or nonconsecutive years of the past 10 years.
            ``(9) Permitting authority.--The term `permitting
        authority' means the State or local authority having
        jurisdiction under State or local law over the siting and
        permitting of new or expanded hazardous waste facilities.
            ``(10) Public place.--The term `public place' means any
        structure the general public may access at least 40 hours per
        week.
            ``(11) Units.--The term `units' means the pertinent crop
        measure used by the United States Department of Agriculture for
        reporting services for historical data.
    ``(b) Siting Criteria.--In addition to the standards applicable
under section 3004, and under State and local law, each State or local
permitting authority shall develop, not longer than 1 year after
enactment of this Act, hazardous waste facility siting criteria, which,
at a minimum, are consistent with each of the following:
            ``(1) Demographic criteria.--New or expanded hazardous
        waste facilities shall not be located within a 10-mile radius
        of densely populated areas or within 2,600 feet of any school,
        church, day care center, or other building or site at which
        persons under the age of 18 are frequently present.
            ``(2) Topographic-atmospheric-geologic criteria.--New or
        expanded hazardous waste facilities shall not be located on or
        within any of the following areas:
                    ``(A) On shallow aquifers or recharge areas for
                shallow aquifers that are or may reasonably be expected
                to be used for drinking water or cropland irrigation.
                    ``(B) Within at least 200 feet of streams, rivers,
                ponds, lakes, reservoirs, or other bodies of water that
                are in existence for at least 21 consecutive days.
                    ``(C) On prime farm land.
            ``(3) Redlining.--The siting of new or expanded hazardous
        waste facilities shall not be based on environmental redlining.
    ``(c) Siting Procedures.--In addition to any procedures otherwise
applicable under this Act or other applicable law, each State or local
permitting authority shall develop hazardous waste facility siting
procedures, which, at a minimum, are consistent with the following:
            ``(1) Application process.--Each application shall contain
        written assurances that the following procedures have been, or
        will be, carried out:
                    ``(A)(i) The person shall publish an announcement
                of the intent to file an application to site a new or
                expanded hazardous waste facility, specifying the exact
                location of the proposed site, in 2 newspapers of
                general circulation 30 to 90 days before the filing of
                the application.
                    ``(ii) One of the 2 newspapers of general
                circulation shall be the newspaper with the largest
                circulation of the incorporated place or census
                designated place wherein the new or expanded hazardous
                waste facility is proposed to be sited.
                    ``(iii) The announcement of intent to file an
                application to site a new or expanded hazardous waste
                facility shall be published in a type size not smaller
                than the majority of the text type used on the front
                page of the newspaper.
                    ``(B) The person shall submit to the permitting
                authority and to the official of the host community, a
                prospectus that detailed the criteria for the selection
                of the site and the nature of the waste management
                activities conducted at the planned facility. A copy of
                the prospectus shall be made available at a public
                place in the host community by the official of the host
                community.
                    ``(C) The person shall submit to the permitting
                authority and to the official of the host community a
                detailed analysis and reporting of each of the
                following:
                            ``(i) The area in which the new or expanded
                        hazardous waste facility is to be located.
                            ``(ii) The process by which the area was
                        selected.
                            ``(iii) A description of the technologies
                        to be used at the facility.
                            ``(iv) A comprehensive treatment analysis
                        of the hazardous waste to be managed at the
                        facility.
                            ``(v) The annual capacity of the new or
                        expanded hazardous waste facility.
                            ``(vi) The expected origin of the waste
                        accepted at the new or expanded hazardous waste
                        facility.
                            ``(vii) The quantity of waste the person
                        intends to receive.
                            ``(viii) The prospects for future expansion
                        of the hazardous waste facility.
                            ``(ix) Whether the person, its parent
                        company, officers, corporate principals, or any
                        entity owned, controlled, or operated by the
                        entity has any pending or unresolved
                        environmental violations of this Act.
                    ``(D) The official of the host community shall
                establish a host community advisory committee of
                individuals with representation from opponents and
                supporters of the location of the new or expanded
                hazardous waste facility within 60 days of the filing
                of the application.
                    ``(E) The host community advisory committee shall
                conduct 1 public meeting on the planned hazardous waste
                facility within 90 days of the establishment of the
                host advisory committee.
                    ``(F) Upon the completion of the procedures
                described in subparagraphs (A) through (E), the person
                filing the application has requested the official of
                the host community for consent to site the facility in
                the host community.
            ``(2) Recommendation of the host community advisory
        committee.--The host community advisory committee shall submit
        a nonbinding written recommendation to the official of the host
        community within 30 days of the written request of the person
        filing the application, which reflects the opinion of the
        majority of the members of the host community advisory
        committee.
            ``(3) Consent of the official of the host community.--(A)
        The official of the host community shall file his consent or a
        statement withholding consent with the permitting authority
        within 10 days of the submission of the host community advisory
        committee's recommendations.
            ``(B) The official of the host community shall include in
        his consent or statement withholding consent, the criteria upon
        which his consent, or lack thereof, is based.
            ``(4) Appeals process.--The number of appeals of the
        permitting authority's final ruling on the application to site
        new or expanded hazardous waste facilities shall not exceed one
        (1).''.
    (b) Table of Contents.--The table of contents for subtitle C of the
Solid Waste Disposal Act is amended by adding the following new item
after the item relating to section 3023:

``Sec. 3024. Siting of new or expanded hazardous waste facilities.''.

Output:
Common Sense Hazardous Waste Facilities Siting and Permitting Act of 1996 - Amends the Solid Waste Disposal Act to add to standards applicable to hazardous waste treatment, storage, and disposal facilities under the Act and under State and local law the requirement that States and local permitting authorities develop siting criteria which, at a minimum, impose restrictions on facility location:  (1) within specified distances of densely populated areas or schools, churches, day care centers, or other buildings frequented by persons under age 18; (2) on or within specified distances of aquifers or recharge areas used as sources of drinking or irrigation water, bodies of water, or prime farm land (as defined in this Act); and (3) based upon environmental redlining (selection of sites predominantly on the basis of the income of residents in the surrounding area).
Requires States and local permitting authorities to develop siting procedures which meet specified minimum standards concerning the application process, host community advisory committee recommendations, official consent of the host community, and a restricted appeals process.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering More Productive and
Lasting Opportunity Act of 2011''.

SEC. 2. TREATMENT OF EMPLOYMENT ASSISTANCE VOUCHER PROGRAMS.

    (a) Use of Unemployment Fund for Employment Assistance Voucher
Program.--
            (1) State law.--Section 3304(a)(4) of the Internal Revenue
        Code of 1986 is amended by striking ``and'' at the end of
        subparagraph (F), by inserting ``and'' at the end of
        subparagraph (G), and by adding at the end the following new
        subparagraph:
                    ``(H) during the 5-year period beginning on the
                date of the enactment of the Empowering More Productive
                and Lasting Opportunity Act of 2011, amounts may be
                withdrawn for the payment of allowances under an
                employment assistance voucher program (as defined in
                section 3306(v));''.
            (2) Permissible expenditures.--Section 3306(f) of such Code
        is amended--
                    (A) by striking ``and'' at the end of paragraph
                (5),
                    (B) by redesignating the paragraph relating to the
                self-employment assistance program as paragraph (6) and
                striking the period at the end of such paragraph and
                inserting ``; and''; and
                    (C) by adding at the end the following new
                paragraph:
            ``(7) during the 5-year period beginning on the date of the
        enactment of the Empowering More Productive and Lasting
        Opportunity Act of 2011, amounts may be withdrawn for the
        payment of allowances under an employment assistance voucher
        program (as defined in subsection (v)).''.
    (b) Employment Assistance Voucher Program Defined.--Section 3306 of
such Code is amended by adding at the end the following new subsection:
    ``(v) Employment Assistance Voucher Program.--For the purposes of
this chapter--
            ``(1) In general.--The term `employment assistance voucher
        program' means a program under which--
                    ``(A) an eligible individual is issued an
                employment assistance voucher,
                    ``(B) upon employment with an employer described in
                paragraph (5)--
                            ``(i) the eligible individual transfers the
                        employment assistance voucher to the employer,
                            ``(ii) the individual ceases to receive
                        unemployment compensation and is paid wages by
                        the employer, and
                            ``(iii) the employer receives payments upon
                        presenting the voucher to the State, and
                    ``(C) the program meets such other requirements as
                the Secretary of Labor determines to be appropriate.
            ``(2) Rules relating to unemployed individuals.--For
        purposes of paragraph (1)--
                    ``(A) Compensation.--Compensation pursuant to
                paragraph (1)(B)(ii) shall--
                            ``(i) be at a rate equal to or greater than
                        the percentage specified by State law (but in
                        no event less than 110 percent) of the rate
                        which would otherwise be payable to the
                        individual,
                            ``(ii) not be less than the minimum wage
                        (as specified in section 6 of the Fair Labor
                        Standards Act of 1938),
                            ``(iii) be payable for a period not to
                        exceed the maximum number of remaining weeks of
                        unemployment compensation (including
                        supplemental and emergency) to which the
                        employee would be entitled (but for
                        participating in the employment assistance
                        voucher program), determined as of the date of
                        employment.
                    ``(B) Termination of employment.--If, before the
                end of the period referred to in subparagraph (A)(iii),
                an individual's employment with an employer under the
                employment assistance voucher program is terminated for
                reasons other than cause, the individual is entitled to
                the remaining period of entitlement referred to in
                subparagraph (A)(iii) less the number of weeks of such
                employment.
                    ``(C) Certain requirements not to apply.--State
                requirements relating to availability for work, active
                search for work, and refusal to accept work are not
                applicable to individuals participating in the
                employment assistance voucher program.
            ``(3) Employment assistance voucher.--The term `employment
        assistance voucher' means a voucher--
                    ``(A) obtained by an eligible individual pursuant
                to the State law,
                    ``(B) payable to the employer of the eligible
                individual--
                            ``(i) at a rate determined under State law
                        but not to exceed 90 percent of the amount of
                        unemployment compensation to which the eligible
                        individual is entitled, and
                            ``(ii) on the same schedule as unemployment
                        compensation would be payable to the individual
                        but for employment under the employment
                        assistance voucher program.
            ``(4) Eligible individual.--The term `eligible individual'
        means an individual who--
                    ``(A) is eligible to receive regular unemployment
                compensation under the State law, extended
                unemployment, or emergency unemployment or would be
                eligible to receive such compensation except for the
                requirements described in paragraph (1)(B),
                    ``(B) is identified pursuant to a State worker
                profiling system as an individual likely to exhaust
                regular unemployment compensation, and
                    ``(C) is employed by an eligible employer.
            ``(5) Eligible employer.--The term `eligible employer'
        means an employer who agrees to the terms and conditions of
        employment under the unemployment assistance voucher program
        and who is approved by the State agency.
            ``(6) Treatment of participating individuals under federal
        and state law.--Individuals participating in an unemployment
        assistance voucher program shall be treated as unemployed for
        the purposes of Federal and State laws applicable to
        unemployment compensation, except that wages paid to the
        employee under such program shall be subject to Federal and
        State taxation to the same extent and in the same manner as
        wages generally.
            ``(7) Cost limiter.--A State program shall not be treated
        as an employment assistance voucher program for purposes of
        this chapter unless the program does not result in any cost to
        the Unemployment Trust Fund (established by section 904(a) of
        the Social Security Act) in excess of the cost that would be
        incurred by such State and charged to such Fund, or to any
        Federal funds in the system if the State had not participated
        in such program.
            ``(8) Prevention of employment termination to participate
        in program.--A State program shall not be treated as an
        employment assistance voucher program for purposes of this
        chapter unless the State has in effect measures to prevent
        employers from terminating employment for purposes of
        participating in the employment assistance voucher program.''.
    (c) Conforming Amendment.--Section 303(a)(5) of the Social Security
Act (42 U.S.C. 503(a)(5)) is amended by striking ``; and'' and
inserting ``: Provided further, That amounts may be withdrawn for the
payment of allowances under an employment assistance voucher program
(as defined in section 3306(v) of the Internal Revenue Code of 1986);
and''.
    (d) State Reports.--Any State operating an employment assistance
voucher program approved by the Secretary of Labor pursuant to section
3304(a)(4)(H) of the Internal Revenue Code of 1986 (as added by this
section) shall report annually to the Secretary on the number of
individuals who participate in the program, the operating costs of the
program, compliance with program requirements, and any other relevant
aspects of program operations requested by the Secretary.
    (e) Report to Congress.--Not later than 4 years after the date of
the enactment of this Act, the Secretary of Labor shall submit a report
to the Congress with respect to the operation of the employment
assistance voucher program. Such report shall be based on the reports
received from the States pursuant to subsection (d) and include such
other information as the Secretary of Labor determines is appropriate.
    (f) Effective Date.--The provisions of this section and the
amendments made by this section shall take effect on the date of the
enactment of this Act.

Output: Empowering More Productive and Lasting Opportunity Act of 2011 - Amends the Internal Revenue Code to allow states, for a five-year period, to implement an employment assistance voucher program, in lieu of paying unemployment compensation directly to employees, under which an individual who is eligible for unemployment compensation and is likely to exhaust such compensation is issued an employment assistance voucher and is hired by a participating employer who receives a subsidy from the state for the wages paid to the employee.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Planning Amendments Act of
1995''.

SEC. 2. PROJECT GRANTS AND CONTRACTS FOR FAMILY PLANNING SERVICES.

    (a) Requiring Certain Nondirective Counseling and Referral
Services.--Section 1001 of the Public Health Service Act (42 U.S.C.
300) is amended--
            (1) by redesignating subsections (b) through (d) as
        subsections (c) through (e), respectively; and
            (2) by inserting after subsection (a) the following
        subsection:
    ``(b)(1) The Secretary may not make an award of a grant or contract
under this section unless the applicant for the award agrees that the
family planning project involved will provide to individuals
information regarding pregnancy management options upon request of the
individuals, and that such information will be provided only through
individuals holding professional degrees in medicine or osteopathic
medicine, nursing, clinical psychology, the allied health professions,
or social work, through individuals meeting such other criteria as the
Secretary determines to be appropriate for providing such information,
or through individuals allowed under State law to provide such
information.
    ``(2) With respect to compliance with the agreement made under
paragraph (1), the family planning project involved, and any provider
of services in the project, may not be required to provide information
regarding a pregnancy management option if--
            ``(A) the project or provider (as the case may be) objects
        to doing so on grounds of religious beliefs or moral
        convictions; and
            ``(B) the project refers the individual seeking services to
        another provider in the project, or to another project in the
        geographic area involved, as the case may be, that will provide
        such information.
    ``(3) For purposes of this subsection, the term `information
regarding pregnancy management options' means nondirective counseling
and referrals regarding--
            ``(A) prenatal care and delivery;
            ``(B) infant care, foster care, and adoption; and
            ``(C) termination of pregnancy.''.
    (b) Compliance With State Laws on Parental Notification and
Consent.--Section 1008 of the Public Health Service Act (42 U.S.C.
300a-6) is amended by inserting ``(a)'' before ``None'' and by adding
at the end the following:
    ``(b)(1) No public or nonprofit private entity that performs
abortions may receive an award of a grant or contract under section
1001 unless the entity has certified to the Secretary that the entity
is in compliance with State law regarding parental notification of or
consent for the performance of an abortion on a minor which is enforced
in the State in which the entity is located.
    ``(2) Paragraph (1) shall not be construed to require or prohibit a
State's adoption of parental notification or parental consent laws
regarding the performance of an abortion on a minor, or to require or
prohibit the enforcement by a State of such laws.''.
    (c) Information on Condoms.--Section 1001 of the Public Health
Service Act, as amended by subsection (a) of this section, is amended
by inserting after subsection (b) the following subsection:
    ``(c) The Secretary may not make an award of a grant or contract
under this section unless the applicant for the award agrees that the
family planning project involved will--
            ``(1) distribute only those condoms meeting current
        requirements for quality control and labeling; and any
        subsequently developed standards, established by the Food and
        Drug Administration for the prevention of pregnancy and the
        prevention of the transmission of sexually transmitted
        diseases; and
            ``(2) advise individuals of the benefits of the proper use
        of condoms, of the extent of risk that still exists with condom
        usage, and of the fact that condoms currently available do not
        completely eliminate the risk of pregnancy or the transmission
        of sexually transmitted diseases.''.
    (d) Authorization of Appropriations.--Section 1001(f) of the Public
Health Service Act, as redesignated by subsection (a) of this section,
is amended to read as follows:
    ``(f) For the purpose of grants and contracts under this section,
there are authorized to be appropriated $220,000,000 for fiscal year
1996, and $250,000,000 for fiscal year 1997.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR TRAINING GRANTS AND
              CONTRACTS.

    Section 1003(b) of the Public Health Service Act (42 U.S.C. 300a-
1(b)) is amended to read as follows:
    ``(b) For the purpose of grants and contracts under subsection (a),
there are authorized to be appropriated $6,250,000 for fiscal year
1996, and $7,000,000 for fiscal year 1997.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR INFORMATIONAL AND
              EDUCATIONAL MATERIALS.

    Section 1005(b) of the Public Health Service Act (42 U.S.C. 300a-
3(b)) is amended to read as follows:
    ``(b) For the purpose of grants and contracts under subsection (a),
there are authorized to be appropriated $12,000,000 for fiscal year
1996, and $13,500,000 for fiscal year 1997.''.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect upon the
date of the enactment of this Act.

Output:
Family Planning Amendments Act of 1995- Amends the Public Health Service Act to require family planning grant and contract recipients to provide nondirective counseling and referrals regarding:  (1) prenatal care and delivery; (2) infant care, foster care, and adoption; and (3) termination of pregnancy.  Allows a provider who objects, on religious or moral grounds, to providing such counseling and referrals to refer the woman to another provider.  Requires recipients to:  (1) comply with State parental notification or consent laws; and (2) distribute only those condoms meeting current quality and labeling requirements and provide information regarding condom use benefits and risks.  Authorizes appropriations.
Authorizes appropriations for grants and contracts concerning:  (1) training to provide family planning services; and (2) informational and educational materials regarding family planning and population growth.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coin and Precious Metal Disclosure
Act''.

SEC. 2. DISCLOSURES REQUIRED OF COIN AND PRECIOUS METAL DEALERS.

    (a) Unlawful Conduct.--A covered coin or precious metal dealer
shall disclose to the consumer, prior to any sale of coins or precious
metal bullion, the following information:
            (1) Any fee that is or may be incurred by the customer if
        the sale of the coin or precious metal bullion were to be
        consummated.
            (2) The purchase price, the melt value, and the reasonable
        resale value of the coin or precious metal bullion.
            (3) Such other information as the Commission may require by
        regulation (in accordance with section 553 of title 5, United
        States Code).
    (b) Manner of Disclosure.--
            (1) In general.--Except as provided in paragraph (2), the
        disclosures required under subsection (a) shall be in writing
        and present the information clearly and conspicuously.
            (2) Telephone communication.--In any solicitation made by
        telephone for any sale subject to subsection (a), the person
        making the solicitation shall orally disclose the information
        required by such subsection clearly and conspicuously to the
        consumer before the transaction is consummated.

SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

    (a) Unfair and Deceptive Act or Practice.--A violation of this Act
or a regulation issued pursuant to this Act shall be treated as an
unfair or deceptive act or practice in violation of a regulation under
section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
    (b) Powers of Commission.--The Commission shall enforce this Act in
the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act. Any person who violates this Act
shall be subject to the penalties and entitled to the privileges and
immunities provided in that Act.

SEC. 4. ENFORCEMENT BY STATES.

    (a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected because any
person has engaged or is engaging in an act or practice which violates
section 2 or any rule of the Commission issued pursuant to this Act,
the State, as parens patriae, may bring a civil action on behalf of its
residents in an appropriate district court of the United States to
enjoin such violative act or practice, to enforce compliance with such
rule of the Commission, to obtain damages, restitution, or other
compensation on behalf of residents of such State, or to obtain such
further and other relief as the court may determine appropriate.
    (b) Notice.--The State shall provide prior written notice of any
civil action under subsection (a) or (f)(2) to the Commission and
provide the Commission with a copy of its complaint, except that if it
is not feasible for the State to provide such prior notice, the State
shall provide such notice immediately upon instituting such action.
Upon receiving a notice respecting a civil action, the Commission shall
have the right--
            (1) to intervene in such action;
            (2) upon so intervening, to be heard on all matters arising
        therein;
            (3) to remove the action to the appropriate United States
        district court; and
            (4) to file petitions for appeal.
    (c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this Act shall prevent an attorney general
from exercising the powers conferred on the attorney general by the
laws of such State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the production
of documentary and other evidence.
    (d) Actions by Commission.--Whenever a civil action has been
instituted by or on behalf of the Commission for violation of section 2
or any rule issued pursuant to this Act, no State may, during the
pendency of such action instituted by or on behalf of the Commission,
institute a civil action under subsection (a) or (f)(2) of this section
against any defendant named in the complaint in such action for
violation of any rule as alleged in such complaint.
    (e) Venue; Service of Process.--Any civil action brought under
subsection (a) of this section in a district court of the United States
may be brought in the district in which the defendant is found, is an
inhabitant, or transacts business or wherever venue is proper under
section 1391 of title 28, United States Code. Process in such an action
may be served in any district in which the defendant is an inhabitant
or in which the defendant may be found.
    (f) Actions by Other State Officials.--
            (1) Construction.--Nothing contained in this section shall
        prohibit an authorized State official from proceeding in State
        court on the basis of an alleged violation of any civil or
        criminal statute of such State.
            (2) Other state actions.--In addition to actions brought by
        an attorney general of a State under subsection (a) of this
        section, such an action may be brought by officers of such
        State who are authorized by the State to bring actions in such
        State on behalf of its residents.

SEC. 5. DEFINITIONS.

    As used in this Act--
            (1) the term ``coin or precious metal dealer'' means any
        person that sells or offer for sale for investment purposes
        gold coins or bullion or coins or bullion made of other
        precious metals;
            (2) the term ``melt-value'' means the reasonable estimated
        value of any coin or precious metal if such item were processed
        and refined; and
            (3) the term ``reasonable resale value'' means a reasonable
        price that the coin or precious metal dealer selling the coin
        or other precious metal determines that other coin or precious
        metal dealers would pay to purchase the coin or other precious
        metal from the consumer on the date that such coin or other
        precious metal is sold to the consumer.

SEC. 6. EXEMPTION AND RULE OF CONSTRUCTION.

    (a) Exemption for Certain Collectible Coins.--Nothing in this Act
shall apply to the sale of rare and collectable coins--
            (1) the precious metal content of which constitutes only a
        limited or insignificant portion of the overall value of the
        coin; and
            (2) whose value is not affected by the increase or decline
        in the value of such precious metals.
    (b) Rule of Construction Relating to the Telemarketing Sales
Rule.--Nothing in this Act shall be construed to affect the
Telemarketing Sales Rule as set forth in part 310 of title 16, Code of
Federal Regulations.

Output:
Coin and Precious Metal Disclosure Act - Requires a coin or precious metal dealer to disclose clearly and conspicuously in writing to the consumer before any sale of coins (including gold coins) or precious metal bullion: (1) any fee incurred by the customer upon sale consummation; and (2) the purchase price, the melt value, and the reasonable resale value of the coin or precious metal bullion.

Requires telephone sales solicitations for such coins or precious metal bullion to disclose the same information before the transaction is consummated.

Treats a violation of this Act as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act, and subject to penalties.

Directs the Federal Trade Commission (FTC) to enforce this Act as though the Federal Trade Commission Act applies.

Empowers states to enforce compliance with this Act, but entitles the FTC, upon notice of a state civil action, to intervene and be heard on all matters arising in it, remove it to the appropriate federal district court, and file petitions for appeal.

Exempts from this Act the sale of rare and collectable coins whose: (1) precious metal content constitutes only a limited or insignificant portion of the overall value of the coin; and (2) value is not affected by the increase or decline in the value of such precious metals.