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

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.
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.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Immunosuppressive Drug 
Coverage for Kidney Transplant Patients Act of 2011''.

SEC. 2. EXTENDED MONTHS OF COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR 
              KIDNEY TRANSPLANT PATIENTS AND OTHER RENAL DIALYSIS 
              PROVISIONS.

    (a) Medicare Entitlement to Immunosuppressive Drugs for Kidney 
Transplant Recipients.--
            (1) Kidney transplant recipients.--Section 226A(b)(2) of 
        the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by 
        inserting ``(except for eligibility for enrollment under part B 
        solely for purposes of coverage of immunosuppressive drugs 
        described in section 1861(s)(2)(J))'' before ``, with the 
        thirty-sixth month''.
            (2) Individuals eligible only for coverage of 
        immunosuppressive drugs.--
                    (A) Section 1836 of the Social Security Act (42 
                U.S.C. 1395o) is amended--
                            (i) by striking ``Every'' and inserting 
                        ``(a) In General.--Every''; and
                            (ii) by inserting at the end the following 
                        new subsection:
    ``(b) Individuals Eligible for Immunosuppressive Drug Coverage.--
Beginning on January 1, 2012, every individual whose insurance benefits 
under part A have ended (whether before, on, or after such date) by 
reason of section 226A(b)(2) is eligible for enrollment in the 
insurance program established by this part solely for purposes of 
coverage of immunosuppressive drugs.''.
                    (B) Conforming amendment.--Sections 1837, 1838, and 
                1839 of the Social Security Act (42 U.S.C. 1395(p), 42 
                U.S.C. 1395(q), 42 U.S.C. 1395(r)) are each amended by 
                striking ``1836'' and inserting ``1836(a)'' each place 
                it appears.
            (3) Enrollment for individuals only eligible for coverage 
        of immunosuppressive drugs.--Section 1837 of the Social 
        Security Act (42 U.S.C. 1395(p)) is amended by adding at the 
        end the following new subsection:
    ``(m)(1) Any individual who is eligible under section 1836(b) to 
enroll in the medical insurance program established under this part for 
purposes of coverage of immunosuppressive drugs may enroll only in such 
manner and form as may be prescribed by regulations, and only during an 
enrollment period described in this subsection.
    ``(2) An individual described in paragraph (1) may enroll beginning 
on the first day of the third month before the month in which the 
individual first satisfies section 1836(b).
    ``(3) An individual described in paragraph (1) whose entitlement 
for hospital insurance benefits under part A ends by reason of section 
226A(b)(2) on or after January 1, 2012, shall be deemed to have 
enrolled in the medical insurance program established by this part for 
purposes of coverage of immunosuppressive drugs.''.
            (4) Coverage period for individuals only eligible for 
        coverage of immunosuppressive drugs.--
                    (A) In general.--Section 1838 of the Social 
                Security Act (42 U.S.C. 1395q) is amended by adding at 
                the end the following new subsection:
    ``(g) In the case of an individual described in section 1836(b), 
the following rules shall apply:
            ``(1) In the case of such an individual who is deemed to 
        have enrolled in part B for coverage of immunosuppressive drugs 
        under section 1837(m)(3), such individual's coverage period 
        shall begin on the first day of the month in which the 
        individual first satisfies section 1836(b).
            ``(2) In the case of such an individual who enrolls in part 
        B for coverage of immunosuppressive drugs under section 
        1837(m)(2), such individual's coverage period shall begin on 
        the first day of the month in which the individual first 
        satisfies section 1836(b) or the month following the month in 
        which the individual so enrolls, whichever is later.
            ``(3) The provisions of subsections (b) and (d) shall apply 
        with respect to an individual described in paragraph (1) or 
        (2).
            ``(4) In addition to the reasons for termination under 
        subsection (b), the coverage period of an individual described 
        in paragraph (1) or (2) shall end when the individual becomes 
        entitled to benefits under this title under section 226(a), 
        226(b), or 226A.''.
                    (B) Conforming amendments.--Section 1838(b) of the 
                Social Security Act (42 U.S.C. 1395q(b)) is amended, in 
                the matter following paragraph (2), by adding ``or 
                section 1837(m)(3)'' after ``section 1837(f)'' each 
                place it appears.
            (5) Premiums for individuals only eligible for coverage of 
        immunosuppressive drugs.--Section 1839 of the Social Security 
        Act (42 U.S.C. 1395r) is amended--
                    (A) in subsection (b), by adding at the end the 
                following new sentence: ``No increase in the premium 
                shall be effected for individuals who are enrolled 
                pursuant to section 1836(b) for coverage only of 
                immunosuppressive drugs.''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(j) Determination of Premium for Individuals Only Eligible for 
Coverage of Immunosuppressive Drugs.--The Secretary shall, during 
September of each year, determine and promulgate a monthly premium rate 
for the succeeding calendar year for individuals who enroll only for 
the purpose of coverage of immunosuppressive drugs under section 
1836(b). Such premium shall be equal to 35 percent of the monthly 
actuarial rate for enrollees age 65 and over, determined according to 
paragraph (1), for that succeeding calendar year. The monthly premium 
of each individual enrolled for coverage of immunosuppressive drugs 
under section 1836(b) for each month shall be the amount promulgated in 
this subsection. Such amount shall be adjusted in accordance with 
subsections (c) and (f).''.
            (6) Government contribution.--Section 1844(a) of the Social 
        Security Act (42 U.S.C. 1395w(a)) is amended--
                    (A) in paragraph (3), by striking the period at the 
                end and inserting ``; plus'';
                    (B) by adding at the end the following new 
                paragraph:
            ``(4) a Government contribution equal to the estimated 
        aggregate reduction in premiums payable under part B that 
        results from establishing the premium at 35 percent of the 
        actuarial rate under section 1839(j) instead of 50 percent of 
        the actuarial rate for individuals who enroll only for the 
        purpose of coverage of immunosuppressive drugs under section 
        1836(b).''; and
                    (C) by adding at the end the following flush 
                matter:
        ``The Government contribution under paragraph (4) shall be 
        treated as premiums payable and deposited for purposes of 
        subparagraphs (A) and (B) of paragraph (1).''.
            (7) Extension of secondary payer requirements for esrd 
        beneficiaries eligible for coverage of immunosuppressive 
        drugs.--Section 1862(b)(1)(C) of the Social Security Act (42 
        U.S.C. 1395(y)(b)(1)) is amended by adding at the end the 
        following new sentence: ``With regard to immunosuppressive 
        drugs furnished to an individual who enrolls for the purpose of 
        coverage of immunosuppressive drugs under section 1836(b) on or 
        after January 1, 2012, this subparagraph shall apply without 
        regard to any time limitation, except that when such individual 
        becomes entitled to benefits under this title under sections 
        226(a) or 226(b), or entitled to or eligible for benefits under 
        this title under section 226A, the provisions of subparagraphs 
        (A) and (B), and the time limitations under this subparagraph, 
        respectively, shall apply.''.
            (8) Ensuring coverage under the medicare savings program.--
        Section 1905(p)(1)(A) of the Social Security Act (42 U.S.C. 
        1396d(p)(1)(A)) is amended by inserting ``or an individual who 
        is enrolled under part B for the purpose of coverage of 
        immunosuppressive drugs under section 1836(b)'' after ``section 
        1818''.
            (9) Part d.--Section 1860D-1(a)(3)(A) of the Social 
        Security Act (42 U.S.C. 1395w-101(a)(3)(A)) is amended by 
        inserting ``(but not including an individual enrolled solely 
        for coverage of immunosuppressive drugs under section 
        1836(b))'' before the period at the end.
Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2011 - Amends title II (Old Age, Survivors and Disability Benefits) (OASDI) of the Social Security Act (SSA) to extend the months of coverage of immunosuppressive drugs for kidney transplant patients.

Amends SSA title XVIII (Medicare) to make eligible for enrollment in Medicare part B (Supplementary Medical Insurance), solely for the purpose of such drug coverage, every individual whose insurance benefits under Medicare part A (Hospital Insurance) have ended by reason of a kidney transplant or the end of any requirement for a regular course of dialysis.

Directs the Secretary of Health and Human Services (HHS) to determine a monthly premium rate for such individuals equal to 35% of the monthly actuarial rate for enrollees age 65 and over. Prescribes a formula for detemination of a government contribution to such a premium.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Power Production Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) electric power utilities are a source of air pollutant 
        emissions such as nitrogen oxides (NO&lt;INF&gt;x), sulfur dioxide 
        (SO&lt;INF&gt;2), and anthropogenic emissions of carbon dioxide 
        (CO&lt;INF&gt;2), a greenhouse gas;
            (2) the electric utility industry is entering a period of 
        restructuring and deregulation in numerous States, regions, and 
        Federal administrative bodies;
            (3) the opportunities for increased competition offers 
        potentially significant economic benefits to all classes of 
        consumers; however there remains a substantial risk of 
        increased emissions and environmental damages due to changed 
        operating procedures and market characteristics among electric 
        utility generators;
            (4) studies have raised concerns regarding the likely 
        impacts of electric utility restructuring on the environment, 
        in particular, proposed restructuring actions which may be 
        taken by the Federal Energy Regulatory Commission;
            (5) there have been a number of proposals among States for 
        mitigating the environmental impacts of electric utility 
        restructuring, but no regional or national mitigating 
        strategies and policies have been developed or implemented;
            (6) it is in the national interest to further examine the 
        entire range of environmental impacts associated with electric 
        utility restructuring and to develop additional, more 
        comprehensive strategies and policy recommendations for 
        addressing such impacts; and
            (7) it is in the national interest for Federal and State 
        utility regulators, Federal and State environmental 
        authorities, and all other affected parties, to cooperate in 
        the formulation of new policies and procedures that will result 
        in no significant diminution in the quality of the national and 
        global environment as a consequence of electric utility 
        restructuring.

SEC. 3. ASSESSMENT OF ENVIRONMENTAL IMPACTS.

    (a) In General.--The Administrator of the Environmental Protection 
Agency (hereinafter in this Act referred to as the ``Administrator'') 
shall undertake an assessment of the reasonable range of environmental 
impacts associated with the likely outcomes of electric utility 
restructuring within and among regions. The assessment shall consider 
significant proposed State and Federal alterations of public utility 
regulatory laws and the probable results of these alterations upon 
emissions or on the environment, including emissions of air pollutants, 
including pollutants for which standards are in effect under section 
109 of the Clean Air Act, carbon dioxide and other greenhouse gases, 
carbon; and significant land and water impacts.
    (b) Consultation.--In performing the assessment under this section 
the Administrator shall consult with the Secretary of Energy, the Chair 
of the Federal Energy Regulatory Commission, the Chair of the Council 
on Environmental Quality, and other Federal and State agency officials 
as appropriate.
    (c) Report.--The Administrator shall submit a report to Congress 
within 6 months after the enactment of this Act containing the results 
of the assessment under this section.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administration for the fiscal year 1997 not more 
than $1,000,000 to be used to carry out the assessment under this 
section.

SEC. 4. COMMISSION.

    (a) Establishment.--The Administrator and the Secretary of Energy 
shall establish and co-chair a commission to be known as the Commission 
for Environmental Mitigation of Electric Utility Restructuring 
(hereinafter in this section referred to as ``the Commission''). The 
Commission shall include a representative from the Council on 
Environmental Quality, the Federal Energy Regulatory Commission, and 
the Council of Economic Advisors.
    (b) Purpose.--The purpose of the Commission shall be to develop 
strategies and policies, using the assessment prepared under section 3, 
to mitigate the environmental impacts associated with electric utility 
restructuring. The strategies and policies shall--
            (1) not reduce the benefits of electric utility 
        restructuring;
            (2) preserve or enhance the quality of competition in the 
        restructured industry, as well as preserving robust and fair 
        competition between other fuels and electricity;
            (3) give due consideration to the impacts upon companies or 
        investors in companies that provide service in the existing or 
        restructured industry;
            (4) rely to the maximum extent possible on voluntary 
        measures, economic incentives, and market based policies;
            (5) be flexible and performance-based;
            (6) fully mitigate all probable incremental environmental 
        impacts associated with electric utility restructuring;
            (7) be consistent with the intent of existing State and 
        Federal environmental and siting statutes, policies, and 
        commitments; and
            (8) assist the Nation in meeting its environmental, 
        economic, employment, and energy policy objectives, including 
        the efficient use of natural resources.
    (c) Report.--Within 12 months after the enactment of this Act, the 
Commission shall submit a report to Congress containing the 
recommendations for strategies and policies developed under subsection 
(b). The report shall include, at a minimum--
            (1) recommendations for the alteration of existing Federal 
        environmental or regulatory statutes;
            (2) recommendations concerning rules and procedures for the 
        operation of power pools, transmission groups, or other 
        coordinated power systems;
            (3) recommendations concerning the need for regional and 
        interregional mechanisms or institutions; and
            (4) options for Federal, regional, or model State policies 
        to fully or adequately mitigate the adverse environmental 
        impacts of restructuring.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated for the fiscal years 1997 and 1998, $1,000,000 to the 
Environmental Protection Agency and $1,000,000 to the Department of 
Energy to carry out the duties of the Commission.

SEC. 5. EXISTING AUTHORITIES OF FERC AND STATES.

    Nothing in this Act shall be construed to limit or otherwise 
adversely affect the authority of the Federal Energy Regulatory 
Commission to address the mitigation of adverse environmental impacts 
in any rulemaking relating to the restructuring of the electric utility 
industry, competition in wholesale energy markets, open transmission 
access or any related matter. Nothing in this Act shall be construed to 
limit or affect in any way the authority of States to examine or 
address electric utility restructuring concerns and related 
environmental issues that are within the jurisdiction of State 
government authorities.

Clean Power Production Act - Instructs the Administrator of the Environmental Protection Agency to assess and report to the Congress on the reasonable range of environmental impacts associated with electric utility restructuring, including significant proposed State and Federal changes in public utility regulations and the probable results of such changes upon specified air pollutants and the environment. 
Directs the Administrator and the Secretary of Energy to:  (1) establish and co-chair the Commission for Environmental Mitigation of Electric Utility Restructuring to develop strategies and policies using such assessment to mitigate environmental impacts associated with such restructuring; and (2) report to the Congress on such strategies and policies. 
Authorizes appropriations.