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[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Ban the Box Act''.

SEC. 2. UNLAWFUL EMPLOYMENT PRACTICES RELATED TO CRIMINAL RECORD OF
APPLICANTS.

(a) In General.--Except as provided in subsection (b), it shall be
an unlawful employment practice for any employer to make inquiries of
an applicant for employment or otherwise seek information about such an
applicant (including through the use of any form or application)
relating to whether such applicant has ever been convicted of a
criminal offense.
(b) Exception.--Notwithstanding subsection (a), an employer may
make inquiries of an applicant or otherwise seek information about the
applicant relating to whether such applicant has ever been convicted of
a criminal offense--
(1) after a conditional offer for employment has been
extended to an applicant; or
(2) where the granting of employment may involve an
unreasonable risk to the safety of specific individuals or to
the general public.

SEC. 3. RULEMAKING.

Not later than 1 year after the date of enactment of this Act, the
Commission shall issue rules--
(1) defining categories of employment where an individual's
past criminal history may involve an unreasonable risk to the
safety of specific individuals or to the general public; and
(2) factors to be considered by employers in assessing
whether an individual's past criminal history poses such an
unreasonable risk.

SEC. 4. ENFORCEMENT.

(a) Employees Covered by Title VII of the Civil Rights Act of
1964.--
(1) In general.--The powers, procedures, and remedies
provided in sections 705, 706, 707, 709, 710, and 711 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the
Commission, the Attorney General, or any person, alleging a
violation of title VII of that Act (42 U.S.C. 2000e et seq.)
shall be the powers, procedures, and remedies this title
provides to the Commission, the Attorney General, or any
person, respectively, alleging an unlawful employment practice
in violation of this title against an employee described in
section 5(2)(A), except as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, the Attorney General, or any person, alleging
such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
the Attorney General, or any person, alleging such a practice
(not an employment practice specifically excluded from coverage
under section 1977A(a)(1) of the Revised Statutes of the United
States).
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) In general.--The powers, remedies, and procedures
provided in the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) to the Board (as defined in section 101 of
that Act (2 U.S.C. 1301)), or any person, alleging a violation
of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be
the powers, remedies, and procedures this title provides to
that Board, or any person, alleging an unlawful employment
practice in violation of this title against an employee
described in section 5(2)(B), except as provided in paragraphs
(2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
that Board, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to that Board, or
any person, alleging such a practice (not an employment
practice specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes of the United States).
(4) Other applicable provisions.--With respect to a claim
alleging a practice described in paragraph (1), title III of
the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et
seq.) shall apply in the same manner as such title applies with
respect to a claim alleging a violation of section 201(a)(1) of
such Act (2 U.S.C. 1311(a)(1)).
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
(1) In general.--The powers, remedies, and procedures
provided in chapter 5 of title 3, United States Code, to the
President, the Commission, the Merit Systems Protection Board,
or any person, alleging a violation of section 411(a)(1) of
that title, shall be the powers, remedies, and procedures this
title provides to the President, the Commission, such Board, or
any person, respectively, alleging an unlawful employment
practice in violation of this title against an employee
described in section 5(2)(C), except as provided in paragraphs
(2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the President, the Commission, such Board, or any person,
alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the President,
the Commission, such Board, or any person, alleging such a
practice (not an employment practice specifically excluded from
coverage under section 1977A(a)(1) of the Revised Statutes of
the United States).
(d) Employees Covered by Government Employee Rights Act of 1991.--
(1) In general.--The powers, remedies, and procedures
provided in sections 302 and 304 of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16b, 2000e-16c) to the
Commission, or any person, alleging a violation of section
302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the
powers, remedies, and procedures this title provides to the
Commission, or any person, respectively, alleging an unlawful
employment practice in violation of this title against an
employee described in section 5(2)(D), except as provided in
paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
or any person, alleging such a practice (not an employment
practice specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes of the United States).
(e) Employees Covered by Section 717 of the Civil Rights Act of
1964.--
(1) In general.--The powers, remedies, and procedures
provided in section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16) to the Commission, the Attorney General, the
Librarian of Congress, or any person, alleging a violation of
that section shall be the powers, remedies, and procedures this
title provides to the Commission, the Attorney General, the
Librarian of Congress, or any person, respectively, alleging an
unlawful employment practice in violation of this title against
an employee or applicant described in section 2(2)(E), except
as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, the Attorney General, the Librarian of
Congress, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
the Attorney General, the Librarian of Congress, or any person,
alleging such a practice (not an employment practice
specifically excluded from coverage under section 1977A(a)(1)
of the Revised Statutes of the United States).

SEC. 5. DEFINITIONS.

As used in this Act--
(1) the term ''Commission'' means the Equal Employment
Opportunity Commission;
(2) the term ''employer''--
(A) has the meaning given such term in section
701(b) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(b)); and
(B) includes--
(i) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301) and section 411(c)
of title 3, United States Code;
(ii) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991 (12 U.S.C.
1220(a)); and
(iii) an entity to which section 717(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(a)) applies;
(3) the term ''employee'' means--
(A) an employee (including an applicant), as
defined in section 701(f) of the Civil Rights Act of
1964 (42 U.S.C. 2000e(f));
(B) a covered employee (including an applicant), as
defined in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301);
(C) a covered employee (including an applicant), as
defined in section 411(c) of title 3, United States
Code;
(D) a State employee (including an applicant)
described in section 304(a) of the Government Employee
Rights Act of 1991 (12 U.S.C. 1220(a)); or
(E) an employee (including an applicant) to which
section 717(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16(a)) applies; and
(4) the term ''person'' has the meaning given such term in
section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(a)).

SEC. 6. EFFECTIVE DATE.

This Act shall take effect beginning 1 year after the date of the
enactment of this Act.
[A]: Ban the Box Act - Makes it an unlawful employment practice for certain employers to seek information concerning a job applicant's conviction for a criminal offense.

Sets forth exceptions authorizing an employer to seek such information: (1) after a conditional offer for employment has been extended to an applicant, or (2) where the granting of employment may involve an unreasonable risk to the safety of specific individuals or the general public.

Directs the Equal Employment Opportunity Commission (EEOC) to issue rules indentifying factors to be considered by employers in assessing whether an individual's past criminal history poses such an unreasonable risk within defined categories of employment.

Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, Congressional Accountability Act of 1995, Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices.

[Q]: SECTION 1. DENIAL OF CASH BENEFITS TO DRUG ADDICTS AND ALCOHOLICS.

(a) Amendments Relating to Title II Disability Benefits.--
(1) In general.--Section 225(c) of the Social Security Act
(42 U.S.C. 425(c)) is amended--
(A) by striking ''(c)(1)(A)'' and inserting
''(2)(A)'';
(B) by striking paragraph (7) and by redesignating
paragraphs (2) through (6) as paragraphs (3) through
(7), respectively; and
(C) by inserting before paragraph (2) as
redesignated by subparagraph (A) the following new
paragraph:
''(c)(1) No cash benefits shall be payable under this title to any
individual who is otherwise entitled to benefits under this title based
on disability, if such individual's alcoholism or drug addiction is a
contributing factor material to the Commissioner's determination that
such individual is disabled.''.
(2) Treatment Requirements.--
(A) Section 225(c)(2)(A) of such Act (42 U.S.C.
425(c)(2)(A)), as redesignated by paragraph (1), is
amended to read as follows:
''(2)(A)(i) Any individual who would be entitled to cash benefits
under this title but for the application of paragraph (1) may elect to
comply with the provisions of this subsection.
''(ii) Any individual who is entitled to cash benefits
under this title by reason of disability (or whose entitlement
to such benefits is suspended), and who was entitled to such
benefits by reason of disability, for which such individual's
alcoholism or drug addiction was a contributing factor material
to the Commissioner's determination that such individual was
disabled, for the month preceding the month in which this
paragraph takes effect, shall be required to comply with the
provisions of this subsection.
(B) Section 225(c)(2)(B) of such Act (42 U.S.C.
425(c)(2)(B)), as so redesignated, is amended--
(i) by striking ''who is required under
subparagraph (A)'' and inserting ''described in
clause (ii) of subparagraph (A) who is
required''; and
(ii) by striking ''paragraph (3)'' and
inserting ''paragraph (4)''.
(C) Section 225(c)(3)(A) of such Act (42 U.S.C.
425(c)(3)(A)), as so redesignated, is amended--
(i) by striking ''paragraph (1)'' and
inserting ''paragraph (2)(A)''; and
(ii) by striking ''paragraph (5)'' and
inserting ''paragraph (6)''.
(D) Section 225(c)(3)(B) of such Act (42 U.S.C.
425(c)(3)(B)), as so redesignated, is amended by
striking ''paragraph (1)'' and inserting ''paragraph
(2)(A)''.
(E) Section 225(c)(5) of such Act (42 U.S.C.
425(c)(5)), as so redesignated, is amended by striking
''paragraph (2)'' and inserting ''paragraph (3)''.
(F) Section 225(c)(6)(A) of such Act (42 U.S.C.
425(c)(6)(A), as so redesignated, is amended--
(i) by striking ''who are receiving
benefits under this title and who as a
condition of payment of such benefits'' and
inserting ''described in paragraph (2)(A)(i)
who elect to undergo treatment; and the
monitoring and testing of all individuals
described in paragraph (2)(A)(ii) who'';
(ii) by striking ''under paragraph (1)'';
and
(iii) by striking ''paragraph (2)(A)'' and
inserting ''paragraph (3)(A)''.
(G) Section 225(c)(6)(C)(ii)(I) of such Act (42
U.S.C. 425(c)(6)(C)(ii)(I)), as so redesignated, is
amended--
(i) by striking ''residing in the State''
and all that follows through ''they are
disabled'' and inserting ''described in
paragraph (2)(A) residing in the State''; and
(ii) by striking ''paragraph (2)(A)'' and
inserting ''paragraph (3)(A)''.
(H) Section 225(c)(6)(C)(ii)(III) of such Act (42
U.S.C. 425(c)(6)(C)(ii)(III)), as so redesignated, is
amended by striking ''paragraph (2)(A)'' and inserting
''paragraph (3)(A)''.
(I) Section 225(c)(6)(C) of such Act (42 U.S.C.
425(c)(6)(C)), as so redesignated, is amended by adding
at the end the following:
''(iii) The monitoring requirements of clause (ii) shall not apply
in the case of any individual described in paragraph (2)(A)(i) who
fails to comply with the requirements of paragraph (2).''.
(J) Section 225(c)(7) of such Act (42 U.S.C.
425(c)(7)), as so redesignated, is amended--
(i) in subparagraph (A), by striking ''who
is entitled'' and all that follows through ''is
under a disability'' and inserting ''described
in paragraph (2)(A)''; and
(ii) in subparagraph (D), by striking ''(4)
or (7)'' and inserting ''(5)''.
(K) Section 225(c)(8) of such Act (42 U.S.C.
425(c)(8)) is amended by striking ''(1), (4) or (7)''
and inserting ''(2) or (5)''.
(L) Section 225(c) of such Act (42 U.S.C. 425(c))
is amended by adding at the end the following new
paragraphs:
''(10) The Commissioner shall provide appropriate notification to
each individual subject to the limitation on cash benefits contained in
paragraph (1) and the treatment provisions contained in paragraph (2).
''(11) The requirements of paragraph (2) shall cease to apply to
any individual if the Commissioner determines that such individual no
longer needs treatment.''.
(3) Representative payee requirements.--
(A) Section 205(j)(1)(B) of such Act (42 U.S.C.
405(j)(1)(B)) is amended to read as follows:
''(B) In the case of an individual entitled to benefits based on
disability, the payment of such benefits shall be made to a
representative payee if the Commissioner of Social Security determines
that such payment would serve the interest of the individual because
the individual also has an alcoholism or drug addiction condition (as
determined by the Commissioner) and the individual is incapable of
managing such benefits.''.
(B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C.
405(j)(2)(C)(v)) is amended by striking ''entitled to
benefits'' and all that follows through ''under a
disability'' and inserting ''described in paragraph
(1)(B)''.
(C) Section 205(j)(2)(D)(ii)(II) of such Act (42
U.S.C. 405(j)(2)(D)(ii)(II)) is amended by striking all
that follows ''15 years, or'' and inserting ''described
in paragraph (1)(B).''.
(D) Section 205(j)(4)(A)(i)(II) of such Act (42
U.S.C. 405(j)(4)(A)(ii)(II)) is amended by striking
''entitled to benefits'' and all that follows through
''under a disability'' and inserting ''described in
paragraph (1)(B)''.
(b) Amendments Relating to SSI Benefits.--
(1) In general.--Section 1611(e)(3) of the Social Security
Act (42 U.S.C. 1382(e)(3)) is amended--
(A) by striking ''(B)'' and inserting ''(C)'';
(B) by striking ''(3)(A)'' and inserting ''(B)'';
and
(C) by inserting before subparagraph (B) as
redesignated by paragraph (2) the following new
subparagraph:
''(3)(A) No cash benefits shall be payable under this title to any
individual who is otherwise eligible for benefits under this title by
reason of disability, if such individual's alcoholism or drug addiction
is a contributing factor material to the Commissioner's determination
that such individual is disabled.''.
(2) Treatment requirements.--
(A) Section 1611(e)(3)(B)(i)(I) of such Act (42
U.S.C. 1382(e)(3)(B)(i)(I)), as redesignated by
paragraph (1), is amended to read as follows:
''(B)(i)(I)(aa) Any individual who would be eligible for cash
benefits under this title but for the application of subparagraph (A)
may elect to comply with the provisions of this subparagraph.
''(bb) Any individual who is eligible for cash benefits
under this title by reason of disability (or whose eligibility
for such benefits is suspended) or is eligible for benefits
pursuant to section 1619(b), and who was eligible for such
benefits by reason of disability, for which such individual's
alcoholism or drug addiction was a contributing factor material
to the Commissioner's determination that such individual was
disabled, for the month preceding the month in which this
subparagraph takes effect, shall be required to comply with the
provisions of this subparagraph.''.
(B) Section 1611(e)(3)(B)(i)(II) of such Act (42
U.S.C. 1382(e)(3)(B)(i)(II)), as so redesignated, is
amended by striking ''who is required under subclause
(I)'' and inserting ''described in division (bb) of
subclause (I) who is required''.
(C) Subclauses (I) and (II) of section
1611(e)(3)(B)(ii) of such Act (42 U.S.C.
1382(e)(3)(B)(ii)), as so redesignated, are each
amended by striking ''clause (i)'' and inserting
''clause (i)(I)''.
(D) Section 1611(e)(3)(B) of such Act (42 U.S.C.
1382(e)(3)(B)), as so redesignated, is amended by
striking clause (v) and by redesignating clause (vi) as
clause (v).
(E) Section 1611(e)(3)(B)(v) of such Act (42 U.S.C.
1382(e)(3)(B)(v)), as redesignated by subparagraph (D),
is amended--
(i) in subclause (I), by striking ''who is
eligible'' and all that follows through ''is
disabled'' and inserting ''described in clause
(i)(I)''; and
(ii) in subclause (V), by striking ''or
(v)''.
(F) Section 1611(e)(3)(C)(i) of such Act (42 U.S.C.
1382(e)(3)(C)(i)), as redesignated by paragraph (1), is
amended by striking ''who are receiving benefits under
this title and who as a condition of such benefits''
and inserting ''described in subparagraph (B)(i)(I)(aa)
who elect to undergo treatment; and the monitoring and
testing of all individuals described in subparagraph
(B)(i)(I)(bb) who''.
(G) Section 1611(e)(3)(C)(iii)(II)(aa) of such Act
(42 U.S.C. 1382(e)(3)(C)(iii)(II)(aa)), as so
redesignated, is amended by striking ''residing in the
State'' and all that follows through ''they are
disabled'' and inserting ''described in subparagraph
(B)(i)(I) residing in the State''.
(H) Section 1611(e)(3)(C)(iii) of such Act (42
U.S.C. 1382(e)(3)(C)(iii)), as so redesignated, is
amended by adding at the end the following:
''(III) The monitoring requirements of subclause (II) shall not
apply in the case of any individual described in subparagraph
(B)(i)(I)(aa) who fails to comply with the requirements of subparagraph
(B).''.
(I) Section 1611(e)(3) of such Act (42 U.S.C.
1382(e)(3)), as amended by paragraph (1), is amended by
adding at the end the following new subparagraphs:
''(D) The Commissioner shall provide appropriate notification to
each individual subject to the limitation on cash benefits contained in
subparagraph (A) and the treatment provisions contained in subparagraph
(B).
''(E) The requirements of subparagraph (B) shall cease to apply to
any individual if the Commissioner determines that such individual no
longer needs treatment.''.
(3) Representative payee requirements.--
(A) Section 1631(a)(2)(A)(ii)(II) of such Act (42
U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to read as
follows:
''(II) In the case of an individual eligible for benefits under
this title by reason of disability, the payment of such benefits shall
be made to a representative payee if the Commissioner of Social
Security determines that such payment would serve the interest of the
individual because the individual also has an alcoholism or drug
addiction condition (as determined by the Commissioner) and the
individual is incapable of managing such benefits.''.
(B) Section 1631(a)(2)(B)(vii) of such Act (42
U.S.C. 1383(a)(2)(B)(vii)) is amended by striking
''eligible for benefits'' and all that follows through
''is disabled'' and inserting ''described in
subparagraph (A)(ii)(II)''.
(C) Section 1631(a)(2)(B)(ix)(II) of such Act (42
U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by striking
all that follows ''15 years, or'' and inserting
''described in subparagraph (A)(ii)(II).''.
(D) Section 1631(a)(2)(D)(i)(II) of such Act (42
U.S.C. 1383(a)(2)(D)(i)(II)) is amended by striking
''eligible for benefits'' and all that follows through
''is disabled'' and inserting ''described in
subparagraph (A)(ii)(II)''.
(4) Preservation of medicaid eligibility.--Section 1634(e)
of such Act (42 U.S.C. 1382(e)) is amended--
(A) by striking ''clause (i) or (v) of section
1611(e)(3)(A)'' and inserting ''subparagraph (A) or
subparagraph (B)(i)(II) of section 1611(e)(3)''; and
(B) by adding at the end the following: ''This
subsection shall cease to apply to any such person if
the Commissioner determines that such person no longer
needs treatment.''.
(5) Conforming amendment.--Section 201(c) of the Social
Security Independence and Program Improvements Act of 1994 (42
U.S.C. 425 note) is repealed.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to applicants for
benefits under title II or title XVI of the Social Security Act
for months beginning on or after the date of the enactment of
this Act, without regard to whether regulations have been
issued to implement such amendments.
(2) Application to current recipients.--Notwithstanding any
other provision of law, in the case of an individual who is
receiving benefits under title II of the Social Security Act or
supplemental security income benefits under title XVI of such
Act as of the date of the enactment of this Act and whose
entitlement or eligibility for such benefits would terminate by
reason of the amendments made by this section, such amendments
shall apply with respect to the benefits of such individual for
months beginning on or after January 1, 1997, and the
Commissioner of Social Security shall so notify the individual
not later than 90 days after the date of the enactment of this
Act.
(3) Benefits under title xvi.--For purposes of this
subsection, the term ''benefits under title XVI of the Social
Security Act'' includes supplementary payments pursuant to an
agreement for Federal administration under section 1616(a) of
the Social Security Act, and payments pursuant to an agreement
entered into under section 212(b) of Public Law 93-66.
[A]: Denies monthly cash disability benefits under titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI), respectively, of the Social Security Act for drug addicts and alcoholics whose substance abuse is a contributing factor material to their disability. Allows such individuals, instead, to elect to undergo treatment for their substance abuse. (Currently, such recipients are required to undergo treatment only at approved facilities or institutions.)
Revises OASDI and SSI program representative payee requirements to require the payment of program benefits through a representative payee if it is in the interest of an otherwise disabled individual with an alcohol or drug addiction condition who is incapable of managing such benefits.
Preserves the Medicaid eligibility of SSI recipients denied cash disability benefits because of the connection between their drug addiction or alcoholism and their disability.

[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.