In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care OverUse Reform Today Act 
(HealthCOURT Act) of 2009''.

SEC. 2. ESTABLISHMENT OF PERFORMANCE-BASED QUALITY MEASURES.

    Not later than January 1, 2010, the Secretary of Health and Human 
Services shall submit to Congress a proposal for a formalized process 
for the development of performance-based quality measures that could be 
applied to physicians' services under the Medicare program under title 
XVIII of the Social Security Act. Such proposal shall be in concert and 
agreement with the Physician Consortium for Performance Improvement and 
shall only utilize measures agreed upon by each physician specialty 
organization.

SEC. 3. AFFIRMATIVE DEFENSE BASED ON COMPLIANCE WITH BEST PRACTICE 
              GUIDELINES.

    (a) Selection and Issuance of Best Practices Guidelines.--
            (1) In general.--The Secretary of Health and Human Services 
        (in this section referred to as the ``Secretary'') shall 
        provide for the selection and issuance of best practice 
        guidelines (each in this subsection referred to as a 
        ``guideline'') in accordance with paragraphs (2) and (3).
            (2) Development process.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary shall enter 
        into a contract with a qualified physician consensus-building 
        organization (such as the Physician Consortium for Performance 
        Improvement), in concert and agreement with physician specialty 
        organizations, to develop guidelines for treatment of medical 
        conditions for application under subsection (b). Under the 
        contract, the organization shall take into consideration any 
        endorsed performance-based quality measures described in 
        section 2. Under the contract and not later than 18 months 
        after the date of the enactment of this Act, the organization 
        shall submit best practice guidelines for issuance as 
        guidelines under paragraph (3).
            (3) Issuance.--
                    (A) In general.--Not later than 2 years after the 
                date of the enactment of this Act, the Secretary shall 
                issue, by regulation, after notice and opportunity for 
                public comment, guidelines that have been recommended 
                under paragraph (2) for application under subsection 
                (b).
                    (B) Limitation.--The Secretary may not issue 
                guidelines unless they have been approved or endorsed 
                by qualified physician consensus-building organization 
                involved and physician specialty organizations.
                    (C) Dissemination.--The Secretary shall broadly 
                disseminate the guidelines so issued.
    (b) Limitation on Damages.--
            (1) Limitation on noneconomic damages.--In any health care 
        lawsuit, no noneconomic damages may awarded with respect to 
        treatment that is within a guideline issued under subsection 
        (a).
            (2) Limitation on punitive damages.--In any health care 
        lawsuit, no punitive damages may be awarded against a health 
        care practitioner based on a claim that such treatment caused 
        the claimant harm if--
                    (A) such treatment was subject to the quality 
                review by a qualified physician consensus-building 
                organization;
                    (B) such treatment was approved in a guideline that 
                underwent full review by such organization, public 
                comment, approval by the Secretary, and dissemination 
                as described in subparagraph (a); and
                    (C) such medical treatment is generally recognized 
                among qualified experts (including medical providers 
                and relevant physician specialty organizations) as 
                safe, effective, and appropriate.
    (c) Use.--
            (1) Introduction as evidence.--Guidelines under subsection 
        (a) may not be introduced as evidence of negligence or 
        deviation in the standard of care in any civil action unless 
        they have previously been introduced by the defendant.
            (2) No presumption of negligence.--There would be no 
        presumption of negligence if a participating physician does not 
        adhere to such guidelines.
    (d) Construction.--Nothing in this section shall be construed as 
preventing a State from--
            (1) replacing their current medical malpractice rules with 
        rules that rely, as a defense, upon a health care provider's 
        compliance with a guideline issued under subsection (a); or
            (2) applying additional guidelines or safe-harbors that are 
        in addition to, but not in lieu of, the guidelines issued under 
        subsection (a).

SEC. 4. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following:

``SEC. 399T. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE 
              TRIBUNALS.

    ``(a) In General.--The Secretary may award grants to States for the 
development, implementation, and evaluation of administrative health 
care tribunals that comply with this section, for the resolution of 
disputes concerning injuries allegedly caused by health care providers.
    ``(b) Conditions for Demonstration Grants.--To be eligible to 
receive a grant under this section, a State shall submit to the 
Secretary an application at such time, in such manner, and containing 
such information as may be required by the Secretary. A grant shall be 
awarded under this section on such terms and conditions as the 
Secretary determines appropriate.
    ``(c) Representation by Counsel.--A State that receives a grant 
under this section may not preclude any party to a dispute before an 
administrative health care tribunal operated under such grant from 
obtaining legal representation during any review by the expert panel 
under subsection (d), the administrative health care tribunal under 
subsection (e), or a State court under subsection (f).
    ``(d) Expert Panel Review and Early Offer Guidelines.--
            ``(1) In general.--Prior to the submission of any dispute 
        concerning injuries allegedly caused by health care providers 
        to an administrative health care tribunal under this section, 
        such allegations shall first be reviewed by an expert panel.
            ``(2) Composition.--
                    ``(A) In general.--The members of each expert panel 
                under this subsection shall be appointed by the head of 
                the State agency responsible for health. Each expert 
                panel shall be composed of no fewer than 3 members and 
                not more than 7 members. At least one-half of such 
                members shall be medical experts (either physicians or 
                health care professionals).
                    ``(B) Licensure and expertise.--Each physician or 
                health care professional appointed to an expert panel 
                under subparagraph (A) shall--
                            ``(i) be appropriately credentialed or 
                        licensed in 1 or more States to deliver health 
                        care services; and
                            ``(ii) typically treat the condition, make 
                        the diagnosis, or provide the type of treatment 
                        that is under review.
                    ``(C) Independence.--
                            ``(i) In general.--Subject to clause (ii), 
                        each individual appointed to an expert panel 
                        under this paragraph shall--
                                    ``(I) not have a material familial, 
                                financial, or professional relationship 
                                with a party involved in the dispute 
                                reviewed by the panel; and
                                    ``(II) not otherwise have a 
                                conflict of interest with such a party.
                            ``(ii) Exception.--Nothing in clause (i) 
                        shall be construed to prohibit an individual 
                        who has staff privileges at an institution 
                        where the treatment involved in the dispute was 
                        provided from serving as a member of an expert 
                        panel merely on the basis of such affiliation, 
                        if the affiliation is disclosed to the parties 
                        and neither party objects.
                    ``(D) Practicing health care professional in same 
                field.--
                            ``(i) In general.--In a dispute before an 
                        expert panel that involves treatment, or the 
                        provision of items or services--
                                    ``(I) by a physician, the medical 
                                experts on the expert panel shall be 
                                practicing physicians (allopathic or 
                                osteopathic) of the same or similar 
                                specialty as a physician who typically 
                                treats the condition, makes the 
                                diagnosis, or provides the type of 
                                treatment under review; or
                                    ``(II) by a health care 
                                professional other than a physician, at 
                                least two medical experts on the expert 
                                panel shall be practicing physicians 
                                (allopathic or osteopathic) of the same 
                                or similar specialty as the health care 
                                professional who typically treats the 
                                condition, makes the diagnosis, or 
                                provides the type of treatment under 
                                review, and, if determined appropriate 
                                by the State agency, an additional 
                                medical expert shall be a practicing 
                                health care professional (other than 
                                such a physician) of such a same or 
                                similar specialty.
                            ``(ii) Practicing defined.--In this 
                        paragraph, the term `practicing' means, with 
                        respect to an individual who is a physician or 
                        other health care professional, that the 
                        individual provides health care services to 
                        individual patients on average at least 2 days 
                        a week.
                    ``(E) Pediatric expertise.--In the case of dispute 
                relating to a child, at least 1 medical expert on the 
                expert panel shall have expertise described in 
                subparagraph (D)(i) in pediatrics.
            ``(3) Determination.--After a review under paragraph (1), 
        an expert panel shall make a determination as to the liability 
        of the parties involved and compensation.
            ``(4) Acceptance.--If the parties to a dispute before an 
        expert panel under this subsection accept the determination of 
        the expert panel concerning liability and compensation, such 
        compensation shall be paid to the claimant and the claimant 
        shall agree to forgo any further action against the health care 
        providers involved.
            ``(5) Failure to accept.--If any party decides not to 
        accept the expert panel's determination, the matter shall be 
        referred to an administrative health care tribunal created 
        pursuant to this section.
    ``(e) Administrative Health Care Tribunals.--
            ``(1) In general.--Upon the failure of any party to accept 
        the determination of an expert panel under subsection (d), the 
        parties shall have the right to request a hearing concerning 
        the liability or compensation involved by an administrative 
        health care tribunal established by the State involved.
            ``(2) Requirements.--In establishing an administrative 
        health care tribunal under this section, a State shall--
                    ``(A) ensure that such tribunals are presided over 
                by special judges with health care expertise;
                    ``(B) provide authority to such judges to make 
                binding rulings, rendered in written decisions, on 
                standards of care, causation, compensation, and related 
                issues with reliance on independent expert witnesses 
                commissioned by the tribunal;
                    ``(C) establish gross negligence as the legal 
                standard for the tribunal;
                    ``(D) allow the admission into evidence of the 
                recommendation made by the expert panel under 
                subsection (d); and
                    ``(E) provide for an appeals process to allow for 
                review of decisions by State courts.
    ``(f) Review by State Court After Exhaustion of Administrative 
Remedies.--
            ``(1) Right to file.--If any party to a dispute before a 
        health care tribunal under subsection (e) is not satisfied with 
        the determinations of the tribunal, the party shall have the 
        right to file their claim in a State court of competent 
        jurisdiction.
            ``(2) Forfeit of awards.--Any party filing an action in a 
        State court in accordance with paragraph (1) shall forfeit any 
        compensation award made under subsection (e).
            ``(3) Admissibility.--The determinations of the expert 
        panel and the administrative health care tribunal pursuant to 
        subsections (d) and (e) with respect to a State court 
        proceeding under paragraph (1) shall be admissible into 
        evidence in any such State court proceeding.
    ``(g) Definition.--In this section, the term `health care provider' 
has the meaning given such term for purposes of part A of title VII.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated for any fiscal year such sums as may be necessary for 
purposes of making grants to States under this section.''.

SEC. 5. SENSE OF CONGRESS REGARDING HEALTH INSURER LIABILITY.

    It is the sense of Congress that a health insurance issuer should 
be liable for damages for harm caused when it makes a decision as to 
what care is medically necessary and appropriate.
[A]: Health Care OverUse Reform Today Act (HealthCOURT Act) of 2009 - Directs the Secretary of Health and Human Services (HHS) to propose to Congress a formalized process for the development of performance-based quality measures that could be applied to physicians' services under title XVIII (Medicare) of the Social Security Act. Requires the proposal: (1) to be in concert and agreement with the Physician Consortium for Performance Improvement; and (2) utilize only measures agreed upon by each physician specialty organization.

Directs the Secretary to: (1) provide for the selection and issuance of best practice guidelines for treatment of medical conditions; and (2) contract with a qualified physician consensus-building organization (such as the Physician Consortium for Performance Improvement), in concert and agreement with physician specialty organizations, to develop such guidelines.

Prohibits the award of any noneconomic damages in any health care lawsuit with respect to treatment that is within an issued guideline.

Prohibits the award of punitive damages against a health care practitioner in such a lawsuit based on a claim that medical treatment caused the claimant harm if the treatment: (1) was subject to quality review by a qualified physician consensus-building organization; (2) was approved in a guideline that underwent full review by such organization, public comment, the Secretary's approval, and dissemination; and (3) is generally recognized among qualified experts as safe, effective, and appropriate.

Amends the Public Health Service Act to authorize the Secretary to award grants to states for the development, implementation, and evaluation of administrative health care tribunals for the resolution of disputes concerning injuries allegedly caused by health care providers.

Expresses the sense of Congress that a health insurance issuer should be liable for damages for a harm caused when it makes a decision as to what care is medically necessary and appropriate.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Voice Campaign Finance Reform 
Act of 1997''.

SEC. 2. PROMOTING DISCLOSURE OF CAMPAIGN SPENDING.

    (a) Requiring Intermediaries and Conduits To Report on Bundled 
Contributions.--Section 315(a)(8) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 441a(a)(8)) is amended--
            (1) by striking ``(8)'' and inserting ``(8)(A)''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) Any person acting as an intermediary or conduit for the 
collection or delivery of contributions on behalf of a candidate shall 
file reports with the Commission (at the same time and in the same 
manner as a political committee which is not an authorized committee of 
a candidate is required to file reports under section 304(a)(4)) on the 
contributions collected or delivered and on related activities 
conducted on the candidate's behalf.''.
    (b) Treatment of Certain Communications as Independent Expenditures 
for Reporting Purposes.--Section 301(17) of such Act (2 U.S.C. 431(17)) 
is amended by striking ``identified candidate'' and inserting the 
following: ``identified candidate, or any payment for any communication 
made during the 90-day period ending on the date of an election which 
includes the name or likeness of a candidate,''.
    (c) Mandatory Electronic Filing for Persons Meeting Certain 
Threshold.--Section 304(a)(11)(A) of such Act (2 U.S.C. 434(a)(11)(A)) 
is amended by striking the period at the end and inserting the 
following: ``, except that in the case of any person reporting an 
amount of contributions, expenditures, or disbursements in an amount 
exceeding a threshold established by the Commission, the person shall 
file all reports required under this Act by such electronic means, 
format, or method.''.

SEC. 3. ENHANCING ENFORCEMENT ABILITIES OF FEDERAL ELECTION COMMISSION.

    (a) Permitting FEC To Impose Filing Fee for Reports.--Section 307 
of the Federal Election Campaign Act of 1971 (2 U.S.C. 437d) is amended 
by adding at the end the following new subsection:
    ``(f)(1) The Commission shall require each political committee 
filing a report under this title to include with the report a payment 
(in an amount established by the Commission) if the amount of 
contributions, expenditures, or disbursements covered by the report 
exceeds a threshold established by the Commission.
    ``(2) In establishing the amount of payment required to be included 
with a report under paragraph (1), the Commission shall take into 
account the costs to the Commission which are associated with the 
submission of reports under this title.
    ``(3) The Commission may waive the application of paragraph (1) 
with respect to a political committee if the Commission determines that 
the payment required would result in a financial hardship to the 
committee.
    ``(4) The Commission may charge a nominal fee for the distribution 
of documents to the public.
    ``(5) The amount appropriated to the Commission for a fiscal year 
pursuant to the authorization under section 314 may not be adjusted to 
take into account any amounts anticipated to be received by the 
Commission during the year pursuant to this subsection.''.
    (b) Revised Standard for Referral of Certain Violations to Attorney 
General.--Section 309(a)(5)(C) of such Act (2 U.S.C. 437g(a)(5)(C)) is 
amended by striking ``by an affirmative vote of 4 of its members, 
determined that there is probable cause to believe'' and inserting 
``believes''.
    (c) Permitting Random Audits.--Section 311(b) of such Act (2 U.S.C. 
438(b)) is amended--
            (1) by striking ``(b)'' and inserting ``(b)(1)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Notwithstanding paragraph (1), the Commission shall conduct 
random audits of the reports of political committees during the 1-year 
period which begins on the date of a general election, in accordance 
with such criteria as the Commission may establish.''.

SEC. 4. REDUCED BROADCAST RATES FOR CANDIDATES.

    (a) In General.--Section 315(b)(1) of the Communications Act of 
1934 (47 U.S.C. 315(b)(1)) is amended by striking ``the lowest unit 
charge'' and inserting ``the applicable percentage of the lowest unit 
charge''.
    (b) Applicable Percentage Defined.--Section 315(c) of such Act (47 
U.S.C. 315(c)) is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) the term `applicable percentage' means--
                    ``(A) 70 percent, in the case of a small broadcast 
                station (as determined by the Commission in accordance 
                with ratings, market area analysis, and such other 
                criteria as the Commission may establish), or
                    ``(B) 50 percent, in the case of any other 
                candidate and any other broadcast station.''.

SEC. 5. RESTRICTIONS ON USE OF NON-FEDERAL FUNDS.

    Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431 et seq.) is amended by adding at the end the following new section:

               ``restrictions on use of non-federal funds

    ``Sec. 323. (a) In General.--Except as provided in subsection (b), 
no funds which are not subject to the limitations and prohibitions of 
this Act may be expended or disbursed by any person for any activity 
which significantly affects an election for Federal office or which 
promotes or identifies (in whole or in part) any candidate for election 
for Federal office, including any get-out-the-vote drive which 
identifies or targets supporters of a candidate for election for 
Federal office, or any voter registration drive or development or 
maintenance of voter files which occurs during an even-numbered year.
    ``(b) Exceptions.--Subsection (a) shall not apply with respect to 
any of the following activities:
            ``(1) The construction, maintenance, or operation of 
        buildings or broadcast facilities for political parties.
            ``(2) State or local political party conventions.
            ``(3) State or local political party administration.
            ``(4) Generic campaign activity to promote a political 
        party.
            ``(5) Any activity which would be described in clause (i), 
        (iii), or (v) of section 301(9)(B) if payment for the activity 
        were an expenditure under such section.''.

SEC. 6. APPOINTMENT AND SERVICE OF MEMBERS OF FEDERAL ELECTION 
              COMMISSION.

    (a) Appointment of Additional, Independent Commissioner.--
            (1) In general.--Section 306(a)(1) of the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 437c(a)(1)) is amended--
                    (A) by striking ``(a)(1)'' and inserting 
                ``(a)(1)(A)'';
                    (B) in the first sentence, by striking ``6 members 
                appointed by the President,'' and inserting the 
                following: ``7 members appointed by the President, of 
                whom one shall be a political independent nominated for 
                appointment by the other members serving on the 
                Commission,''; and
                    (C) by adding at the end the following new 
                subparagraph:
    ``(B) In subparagraph (A), the term `political independent' means 
an individual who at no time after January 1992--
            ``(i) has held elective office as a member of the 
        Democratic or Republican party;
            ``(ii) has received any wages or salary from the Democratic 
        or Republican party or from a Democratic or Republican party 
        office-holder or candidate; or
            ``(iii) has provided substantial volunteer services or made 
        any substantial contribution to the Democratic or Republican 
        party or to a Democratic or Republican party office-holder or 
        candidate.''.
            (2) Deadline for initial appointment.--The members of the 
        Federal Election Commission shall provide the President with a 
        nominee for appointment to the Commission under section 
        306(a)(1)(A) of the Federal Election Campaign Act of 1971 (as 
        amended by paragraph (1)) not later than 90 days after the date 
        of the enactment of this Act.
    (b) Limiting Commissioners to Single Term.--Section 306(a)(2)(A) of 
such Act (2 U.S.C. 437c(a)(2)(A)) is amended by striking ``terms'' and 
inserting ``a single term''.

SEC. 7. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
elections occurring after January 1999.
[A]: Public Voice Campaign Finance Reform Act of 1997 - Amends the Federal Election Campaign Act of 1971 (FECA) to provide for:  (1) intermediaries and conduits to report on bundled contributions in the same time and manner as a political committee which is not an authorized committee of the candidate; (2) certain communications to be treated as independent expenditures; and (3) mandatory electronic filing for persons reporting contributions, expenditures, or disbursements in an amount exceeding a threshold established by the Federal Election Commission. 
(Sec. 3) Directs the Commission to require each political committee filing a report to include with the report a filing fee when the amount of contributions, expenditures, or disbursements covered by the report exceeds a threshold established by the Commission. 
Revises the standard for referral of certain violations to the Attorney General. 
Requires the Commission to conduct random audits of the reports of political committees. 
(Sec. 4) Amends the Communications Act of 1934 to provide for reduced broadcast media rates for candidates. 
(Sec. 5) Amends FECA to set forth restrictions on the use of non-Federal funds. 
(Sec. 6) Revises requirements for the composition of the Commission and terms of Commissioners and replaces them with new requirements, including one that Commissioners serve no more than a single term.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``EPA Regulatory Relief Act of 2011''.

SEC. 2. LEGISLATIVE STAY.

    (a) Establishment of Standards.--In place of the rules specified in 
subsection (b), and notwithstanding the date by which such rules would 
otherwise be required to be promulgated, the Administrator of the 
Environmental Protection Agency (in this Act referred to as the 
``Administrator'') shall--
            (1) propose regulations for industrial, commercial, and 
        institutional boilers and process heaters, and commercial and 
        industrial solid waste incinerator units, subject to any of the 
        rules specified in subsection (b)--
                    (A) establishing maximum achievable control 
                technology standards, performance standards, and other 
                requirements under sections 112 and 129, as applicable, 
                of the Clean Air Act (42 U.S.C. 7412, 7429); and
                    (B) identifying non-hazardous secondary materials 
                that, when used as fuels or ingredients in combustion 
                units of such boilers, process heaters, or incinerator 
                units are solid waste under the Solid Waste Disposal 
                Act (42 U.S.C. 6901 et seq.; commonly referred to as 
                the ``Resource Conservation and Recovery Act'') for 
                purposes of determining the extent to which such 
                combustion units are required to meet the emissions 
                standards under section 112 of the Clean Air Act (42 
                U.S.C. 7412) or the emission standards under section 
                129 of such Act (42 U.S.C. 7429); and
            (2) finalize the regulations on the date that is 15 months 
        after the date of the enactment of this Act, or on such later 
        date as may be determined by the Administrator.
    (b) Stay of Earlier Rules.--The following rules are of no force or 
effect, shall be treated as though such rules had never taken effect, 
and shall be replaced as described in subsection (a):
            (1) ``National Emission Standards for Hazardous Air 
        Pollutants for Major Sources: Industrial, Commercial, and 
        Institutional Boilers and Process Heaters'', published at 76 
        Fed. Reg. 15608 (March 21, 2011).
            (2) ``National Emission Standards for Hazardous Air 
        Pollutants for Area Sources: Industrial, Commercial, and 
        Institutional Boilers'', published at 76 Fed. Reg. 15554 (March 
        21, 2011).
            (3) ``Standards of Performance for New Stationary Sources 
        and Emission Guidelines for Existing Sources: Commercial and 
        Industrial Solid Waste Incineration Units'', published at 76 
        Fed. Reg. 15704 (March 21, 2011).
            (4) ``Identification of Non-Hazardous Secondary Materials 
        That are Solid Waste'', published at 76 Fed. Reg. 15456 (March 
        21, 2011).
    (c) Inapplicability of Certain Provisions.--With respect to any 
standard required by subsection (a) to be promulgated in regulations 
under section 112 of the Clean Air Act (42 U.S.C. 7412), the provisions 
of subsections (g)(2) and (j) of such section 112 shall not apply prior 
to the effective date of the standard specified in such regulations.

SEC. 3. COMPLIANCE DATES.

    (a) Establishment of Compliance Dates.--For each regulation 
promulgated pursuant to section 2, the Administrator--
            (1) shall establish a date for compliance with standards 
        and requirements under such regulation that is, notwithstanding 
        any other provision of law, not earlier than 5 years after the 
        effective date of the regulation; and
            (2) in proposing a date for such compliance, shall take 
        into consideration--
                    (A) the costs of achieving emissions reductions;
                    (B) any non-air quality health and environmental 
                impact and energy requirements of the standards and 
                requirements;
                    (C) the feasibility of implementing the standards 
                and requirements, including the time needed to--
                            (i) obtain necessary permit approvals; and
                            (ii) procure, install, and test control 
                        equipment;
                    (D) the availability of equipment, suppliers, and 
                labor, given the requirements of the regulation and 
                other proposed or finalized regulations of the 
                Environmental Protection Agency; and
                    (E) potential net employment impacts.
    (b) New Sources.--The date on which the Administrator proposes a 
regulation pursuant to section 2(a)(1) establishing an emission 
standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 
7429) shall be treated as the date on which the Administrator first 
proposes such a regulation for purposes of applying the definition of a 
new source under section 112(a)(4) of such Act (42 U.S.C. 7412(a)(4)) 
or the definition of a new solid waste incineration unit under section 
129(g)(2) of such Act (42 U.S.C. 7429(g)(2)).
    (c) Rule of Construction.--Nothing in this Act shall be construed 
to restrict or otherwise affect the provisions of paragraphs (3)(B) and 
(4) of section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)).

SEC. 4. ENERGY RECOVERY AND CONSERVATION.

    (a) In General.--Notwithstanding any other provision of law, to 
ensure the recovery and conservation of energy consistent with the 
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as 
the ``Resource Conservation and Recovery Act of 1976''), in 
promulgating regulations under section 2(a) that address the subject 
matter of the regulations described in paragraphs (3) and (4) of 
section 2(b), the Administrator shall--
            (1) adopt the definitions of the terms ``commercial and 
        industrial solid waste incineration unit'', ``commercial and 
        industrial waste'', and ``contained gaseous material'' 
        contained in the regulation entitled ``Standards of Performance 
        for New Stationary Sources and Emission Guidelines for Existing 
        Sources: Commercial and Industrial Solid Waste Incineration 
        Units'' (65 Fed. Reg. 75338 (December 1, 2000)); and
            (2) identify nonhazardous secondary material as not to be 
        solid waste for purposes of the Solid Waste Disposal Act (42 
        U.S.C. 6901 et seq.) if--
                    (A) the material--
                            (i) does not meet the definition of 
                        commercial and industrial waste; and
                            (ii) is on the list published by the 
                        Administrator under subsection (b); or
                    (B) in the case of the material that is a gas, the 
                material does not meet the definition of contained 
                gaseous material.
    (b) List of Nonhazardous Secondary Materials.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Administrator shall publish a list 
        of nonhazardous secondary materials that are not solid waste 
        when combusted in units designed for energy recovery, 
        including--
                    (A) without limitation, all forms of biomass, 
                including--
                            (i) agricultural and forest-derived 
                        biomass;
                            (ii) biomass crops, vines, and orchard 
                        trees;
                            (iii) bagasse and other crop and tree 
                        residues, including--
                                    (I) hulls and seeds;
                                    (II) spent grains;
                                    (III) byproducts of cotton;
                                    (IV) corn and peanut production;
                                    (V) rice milling and grain elevator 
                                operations;
                                    (VI) cellulosic biofuels; and
                                    (VII) byproducts of ethanol natural 
                                fermentation processes;
                            (iv) hogged fuel, including wood pallets, 
                        sawdust, and wood pellets;
                            (v) wood debris from forests and urban 
                        areas;
                            (vi) resinated wood and other resinated 
                        biomass-derived residuals, including trim, 
                        sanderdust, offcuts, and woodworking residuals;
                            (vii) creosote-treated, borate-treated, 
                        sap-stained, and other treated wood;
                            (viii) residuals from wastewater treatment 
                        by the manufacturing industry, including 
                        process wastewater with significant British 
                        thermal unit (``Btu'') value;
                            (ix) paper and paper or cardboard recycling 
                        residuals, including paper-derived fuel cubes, 
                        paper fines, and paper and cardboard rejects;
                            (x) turpentine, turpentine derivatives, 
                        pine tar, rectified methanol, glycerine, lumber 
                        kiln condensates, and wood char;
                            (xi) tall oil and related soaps;
                            (xii) biogases or bioliquids generated from 
                        biomass materials, wastewater operations, or 
                        landfill operations;
                            (xiii) processed biomass derived from 
                        construction and demolition debris for the 
                        purpose of fuel production; and
                            (xiv) animal manure and bedding material;
                    (B) solid and emulsified paraffin;
                    (C) petroleum and chemical reaction and 
                distillation byproducts and residues, alcohol, ink, and 
                nonhalogenated solvents;
                    (D) tire-derived fuel, including factory scrap tire 
                and related material;
                    (E) foundry sand processed in thermal reclamation 
                units;
                    (F) coal refuse and coal combustion residuals;
                    (G) shredded cloth and carpet scrap;
                    (H) latex paint water, organic printing dyes and 
                inks, recovered paint solids, and nonmetallic paint 
                sludges;
                    (I) nonchlorinated plastics;
                    (J) all used oil that qualifies as recycled oil 
                under section 1004 of the Solid Waste Disposal Act (42 
                U.S.C. 6903);
                    (K) process densified fuels that contain any of the 
                materials described in this paragraph; and
                    (L) any other specific or general categories of 
                material that the Administrator determines the 
                combustion of which is for use as a fuel pursuant to 
                paragraph (2).
            (2) Additions to the list.--
                    (A) In general.--To provide greater regulatory 
                certainty, the Administrator may, after public notice 
                and opportunity to comment, add nonhazardous secondary 
                materials to the list published under paragraph (1)--
                            (i) as the Administrator determines 
                        necessary; or
                            (ii) based on a petition submitted by any 
                        person.
                    (B) Response.--Not later than 120 days after 
                receiving any petition under subparagraph (A)(ii), the 
                Administrator shall respond to the petition.
                    (C) Requirements.--In making a determination under 
                this paragraph, the Administrator may decline to add a 
                material to the list under paragraph (1) if the 
                Administrator determines that regulation under section 
                112 of the Clean Air Act (42 U.S.C. 7412) would not 
                reasonably protect public health with an ample margin 
                of safety.

SEC. 5. OTHER PROVISIONS.

    (a) Establishment of Standards Achievable in Practice.--In 
promulgating rules under section 2(a), the Administrator shall ensure 
that emissions standards for existing and new sources established under 
section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as 
applicable, can be met under actual operating conditions consistently 
and concurrently with emission standards for all other air pollutants 
regulated by the rule for the source category, taking into account 
variability in actual source performance, source design, fuels, inputs, 
controls, ability to measure the pollutant emissions, and operating 
conditions.
    (b) Regulatory Alternatives.--For each regulation promulgated 
pursuant to section 2(a), from among the range of regulatory 
alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et 
seq.) including work practice standards under section 112(h) of such 
Act (42 U.S.C. 7412(h)), the Administrator shall impose the least 
burdensome, consistent with the purposes of such Act and Executive 
Order 13563 published at 76 Fed. Reg. 3821 (January 21, 2011).
[A]:
EPA Regulatory Relief Act of 2011 - Provides that the following rules shall have no force or effect and shall be treated as though they had never taken effect: (1) the National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters; (2) the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers; (3) the Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; and (4) Identification of Non-Hazardous Secondary Materials That are Solid Waste.

Requires the Administrator of the Environmental Protection Agency (EPA), in place of such rules, to promulgate within 15 months regulations for industrial, commercial, and institutional boilers and process heaters and commercial and industrial solid waste incinerator units subject to such rules, that: (1) establish maximum achievable control technology standards, performance standards, and other requirements for hazardous air pollutants or solid waste combustion under the Clean Air Act; and (2) identify non-hazardous secondary materials that, when used as fuels or ingredients in combustion units of such boilers, heaters, or incinerator units, are solid waste under the Solid Waste Disposal Act for purposes of determining the extent to which such combustion units are required to meet emission standards for such pollutants under such Act. Requires the Administrator to establish compliance dates for such standards and requirements after considering compliance costs, non-air quality health and environmental impacts and energy requirements, the feasibility of implementation, the availability of equipment, suppliers, and labor, and potential net employment impacts.

Sets forth guidelines for such rules and regulations, including requiring the Administrator to: (1) ensure that emissions standards for existing and new sources can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants regulated by the rule for the source category; and (2) impose the least burdensome regulatory alternative for each regulation promulgated.

Requires the Administrator to publish a list of nonhazardous secondary materials that are not solid waste when combusted in units designed for energy recovery. Specifies material to be included in such list.