SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Rights Commission Amendments
Act of 1994''.

SEC. 2. AMENDMENT OF 1983 ACT.

    That the portion of the United States Commission on Civil Rights
Act of 1983 which follows the enacting clause is amended to read as
follows:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `Civil Rights Commission Act of
1983'.

``SEC. 2. ESTABLISHMENT OF COMMISSION.

    ``(a) Generally.--There is established the United States Commission
on Civil Rights (hereinafter in this Act referred to as the
`Commission').
    ``(b) Membership.--The Commission shall be composed of 8 members.
Not more than 4 of the members shall at any one time be of the same
political party. The initial membership of the Commission shall be the
members of the United States Commission on Civil Rights on September
30, 1994. Thereafter vacancies in the membership of the Commission
shall continue to be appointed as follows:
            ``(1) 4 members of the Commission shall be appointed by the
        President.
            ``(2) 2 members of the Commission shall be appointed by the
        President pro tempore of the Senate, upon the recommendations
        of the majority leader and the minority leader, and of the
        members appointed not more than one shall be appointed from the
        same political party.
            ``(3) 2 members of the Commission shall be appointed by the
        Speaker of the House of Representatives upon the
        recommendations of the majority leader and the minority leader,
        and of the members appointed not more than one shall be
        appointed from the same political party.
    ``(c) Terms.--The term of office of each member of the Commission
shall be 6 years. The term of each member of the Commission in the
initial membership of the Commission shall expire on the date such term
would have expired as of September 30, 1994.
    ``(d) Chairperson.--(1) Except as provided in paragraphs (2) and
(3), the individuals serving as Chairperson and Vice Chairperson of the
United States Commission on Civil Rights on September 30, 1994 shall
initially fill those roles on the Commission.
    ``(2) Thereafter the President may, with the concurrence of a
majority of the Commission's members, designate a Chairperson or Vice
Chairperson, as the case may be, from among the Commission's members.
    ``(3) The President shall, with the concurrence of a majority of
the Commission's members, fill a vacancy by designating a Chairperson
or Vice Chairperson, as the case may be, from among the Commission's
members.
    ``(4) The Vice Chairperson shall act in place of the Chairperson in
the absence of the Chairperson.
    ``(e) Removal of Members.--The President may remove a member of the
Commission only for neglect of duty or malfeasance in office.
    ``(f) Quorum.--5 members of the Commission constitute a quorum of
the Commission.

``SEC. 3. DUTIES OF THE COMMISSION.

    ``(a) Generally.--The Commission--
            ``(1) shall investigate allegations in writing under oath
        or affirmation relating to deprivations--
                    ``(A) because of color, race, religion, sex, age,
                disability, or national origin; or
                    ``(B) as a result of any pattern or practice of
                fraud;
        of the right of citizens of the United States to vote and have
        votes counted; and
            ``(2) shall--
                    ``(A) study and collect information relating to;
                    ``(B) make appraisals of the laws and policies of
                the Federal Government with respect to;
                    ``(C) serve as a national clearinghouse for
                information relating to; and
                    ``(D) prepare public service announcements and
                advertising campaigns to discourage;
        discrimination or denials of equal protection of the laws under
        the Constitution of the United States because of color, race,
        religion, sex, age, disability, or national origin, or in the
        administration of justice.
    ``(b) Limitations on Investigatory Duties.--Nothing in this or any
other Act shall be construed as authorizing the Commission, its
advisory committees, or any person under its supervision or control, to
inquire into or investigate any membership practices or internal
operations of any fraternal organization, any college or university
fraternity or sorority, any private club, or any religious
organization.
    ``(c) Reports.--
            ``(1) Annual report.--The Commission shall submit to the
        President and Congress at least one report annually that
        monitors Federal civil rights enforcement efforts in the United
        States.
            ``(2) Other reports generally.--The Commission shall submit
        such other reports to the President and the Congress as the
        Commission, the Congress, or the President shall deem
        appropriate.
    ``(d) Advisory Committees.--The Commission may constitute such
advisory committees as it deems advisable. The Commission shall
establish at least one such committee in each State and the District of
Columbia composed of citizens of that State or District.
    ``(e) Hearings and Ancillary Matters.--
            ``(1) Power to hold hearings.--The Commission, or on the
        authorization of the Commission, any subcommittee of two or
        more members of the Commission, at least one of whom shall be
        of each major political party, may, for the purpose of carrying
        out this Act, hold such hearings and act at such times and
        places as the Commission or such authorized subcommittee deems
        advisable. Each member of the Commission shall have the power
        to administer oaths and affirmations in connection with the
        proceedings of the Commission. The holding of a hearing by the
        Commission or the appointment of a subcommittee to hold a
        hearing pursuant to this paragraph must be approved by a
        majority of the Commission, or by a majority of the members
        present at a meeting when a quorum is present.
            ``(2) Power to issue subpoenas.--The Commission may issue
        subpoenas for the attendance of witnesses and the production of
        written or other matter. Such a subpoena may not require the
        presence of a witness more than 100 miles outside the place
        wherein the witness is found or resides or is domiciled or
        transacts business, or has appointed an agent for receipt of
        service of process. In case of contumacy or refusal to obey a
        subpoena, the Attorney General may in a Federal court of
        appropriate jurisdiction obtain an appropriate order to enforce
        the subpoena.
            ``(3) Witness fees.--A witness attending any proceeding of
        the Commission shall be paid the same fees and mileage that are
        paid witnesses in the courts of the United States.
            ``(4) Depositions and interrogatories.--The Commission may
        use depositions and written interrogatories to obtain
        information and testimony about matters that are the subject of
        a Commission hearing or report.
    ``(f) Limitation Relating to Abortion.--Nothing in this or any
other Act shall be construed as authorizing the Commission, its
advisory committees, or any other person under its supervision or
control to study and collect, make appraisals of, or serve as a
clearinghouse for any information about laws and policies of the
Federal Government or any other governmental authority in the United
States, with respect to abortion.

``SEC. 4. ADMINISTRATIVE PROVISIONS.

    ``(a) Staff.--
            ``(1) Director.--There shall be a full-time staff director
        for the Commission who shall--
                    ``(A) serve as the administrative head of the
                Commission; and
                    ``(B) be appointed by the President with the
                concurrence of a majority of the Commission.
            ``(2) Other personnel.--Within the limitation of its
        appropriations, the Commission may--
                    ``(A) appoint such other personnel as it deems
                advisable, under the civil service and classification
                laws; and
                    ``(B) procure services, as authorized in section
                3109 of title 5, United States Code, but at rates for
                individuals not in excess of the daily equivalent paid
                for positions at the maximum rate for GS-15 of the
                General Schedule under section 5332 of title 5, United
                States Code.
    ``(b) Compensation of Members.--
            ``(1) Generally.--Each member of the Commission who is not
        otherwise in the service of the Government of the United States
        shall receive a sum equivalent to the compensation paid at
        level IV of the Executive Schedule under section 5315 of title
        5, United States Code, prorated on an daily basis for time
        spent in the work of the Commission.
            ``(2) Persons otherwise in government service.--Each member
        of the Commission who is otherwise in the service of the
        Government of the United States shall serve without
        compensation in addition to that received for such other
        service, but while engaged in the work of the Commission shall
        be paid actual travel expenses and per diem in lieu of
        subsistence expenses when away from such member's usual place
        of residence, under subchapter I of chapter 57 of title 5,
        United States Code.
    ``(c) Voluntary or Uncompensated Personnel.--The Commission shall
not accept or use the services of voluntary or uncompensated persons.
This limitation shall apply with respect to services of members of the
Commission as it does with respect to services by other persons.
    ``(d) Rules.--
            ``(1) Generally.--The Commission may make such rules as are
        necessary to carry out the purposes of this Act.
            ``(2) Continuation of old rules.--Except as inconsistent
        with this Act, and until modified by the Commission, the rules
        of the Commission on Civil Rights in effect on September 30,
        1994 shall be the initial rules of the Commission.
    ``(e) Cooperation.--All Federal agencies shall cooperate fully with
the Commission to the end that it may effectively carry out its
functions and duties.

``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated, to carry out this Act
$9,500,000 for fiscal year 1995. None of the sums authorized to be
appropriated for fiscal year 1995 may be used to create additional
regional offices.

``SEC. 6. TERMINATION.

    ``This Act shall terminate on September 30, 1995.''

Summary: Civil Rights Commission Amendments Act of 1994 - Amends the United States Commission on Civil Rights Act of 1983 to reauthorize the Commission. Renames such Act as the Civil Rights Commission Act of 1983. Provides that: (1) the initial membership of the Commission shall be the members of the Commission on September 30, 1994, and thereafter vacancies shall continue to be appointed according to a specified formula. And (2) the term of each member in the initial membership shall expire on the date such term would have expired as of September 30, 1994. Sets forth provisions regarding: (1) the Chairperson and Vice Chairperson, (2) removal of members. And (3) a quorum. Directs the Commission to: (1) investigate allegations in writing under oath or affirmation relating to deprivations because of color, race, religion, sex, age, disability, or national origin, or as a result of any pattern or practice of fraud, of the right of US citizens to vote and have votes counted. And (2) study and collect information relating to, make appraisals of Federal laws and policies regarding, serve as a national clearinghouse for information relating to, and prepare public service announcements and advertising campaigns to discourage, discrimination or denials of equal protection of the laws under the Constitution because of color, race, religion, sex, age, disability, or national origin, or in the administration of justice. Specifies that nothing in this or any other Act shall be construed as authorizing the Commission, its advisory committees, or any person under its supervision or control to: (1) inquire into or investigate any membership practices or internal operations of any fraternal organization, college or university fraternity or sorority, private club, or religious organization. Or (2) study and collect, make appraisals of, or serve as a clearinghouse for information about Federal laws and policies regarding abortion. Sets forth provisions regarding: (1) reports, (2) advisory committees, (3) hearings and ancillary matters. And (4) administrative provisions. Authorizes appropriations. Terminates such Act on September 30, 1995.


SECTION 1. STATEMENT OF POLICY.

    It shall be the policy of the United States to--
            (1) undertake the necessary measures to deny the Cuban
        regime the financial resources to engage in activities that
        threaten--
                    (A) United States national security, its interests
                and its allies;
                    (B) the environment and natural resources of the
                submerged lands of Cuba's northern coast and Florida's
                unique maritime environment; and
                    (C) that prolong the dictatorship that oppresses
                the Cuban people; and
            (2) deter foreign investments that would enhance the
        ability of the Cuban regime to develop its petroleum resources.

SEC. 2. EXCLUSION OF CERTAIN ALIENS.

    (a) In General.--The Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is amended by inserting
after section 401 the following:

``SEC. 402. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO CONTRIBUTE
              TO THE ABILITY OF CUBA TO DEVELOP PETROLEUM RESOURCES OFF
              OF CUBA'S NORTHERN COAST.

    ``(a) In General.--The Secretary of State shall deny a visa to, and
the Secretary of Homeland Security shall exclude from the United
States, any alien who the Secretary of State determines is a person
who--
            ``(1) is an officer or principal of an entity, or a
        shareholder who owns a controlling interest in an entity, that,
        on or after May 2, 2006, makes an investment that equals or
        exceeds $1,000,000 (or any combination of investments that in
        the aggregate equals or exceeds $1,000,000 in any 12-month
        period), that contributes to the enhancement of Cuba's ability
        to develop petroleum resources of the submerged lands of Cuba's
        northern coast; or
            ``(2) is a spouse, minor child, or agent of a person
        described in paragraph (1).
    ``(b) Waiver.--The Secretary of State may waive the application of
subsection (a) if the Secretary certifies and reports to the
appropriate congressional committees, on a case-by-case basis, that the
admission to the United States of a person described in subsection
(a)--
            ``(1) is necessary for critical medical reasons or for
        purposes of litigation of an action under title III; or
            ``(2) is appropriate if the requirements of sections 203,
        204, and 205 have been satisfied.
    ``(c) Definitions.--In this section:
            ``(1) Develop.--The term `develop', with respect to
        petroleum resources, means the exploration for, or the
        extraction, refining, or transportation by pipeline or other
        means of, petroleum resources.
            ``(2) Investment.--The term `investment' means any of the
        following activities if such activity is undertaken pursuant to
        an agreement, or pursuant to the exercise of rights under such
        an agreement, that is entered into with the Government of Cuba
        (or any agency or instrumentality thereof) or a nongovernmental
        entity in Cuba, on or after May 2, 2006:
                    ``(A) The entry into a contract that includes
                responsibility for the development of petroleum
                resources of the submerged lands of Cuba's northern
                coast, or the entry into a contract providing for the
                general supervision and guarantee of another person's
                performance of such a contract.
                    ``(B) The purchase of a share of ownership,
                including an equity interest, in that development.
                    ``(C) The entry into a contract providing for the
                participation in royalties, earnings, or profits in
                that development, without regard to the form of the
                participation.
                    ``(D) The entry into, performance, or financing of
                a contract to sell or purchase goods, services, or
                technology related to that development.
            ``(3) Petroleum resources.--The term `petroleum resources'
        includes petroleum and natural gas resources.''.
    (b) Effective Date.--The amendment made by this section applies to
aliens seeking admission to the United States on or after the date of
the enactment of this Act.

SEC. 3. IMPOSITION OF SANCTIONS.

    (a) In General.--The President shall impose two or more of the
sanctions described in subsection (b) if the President determines that
a person has, on or after May 2, 2006, made an investment that equals
or exceeds $1,000,000 (or any combination of investments that in the
aggregate equals or exceeds $1,000,000 in any 12-month period) that
contributes to the enhancement of Cuba's ability to develop petroleum
resources of the submerged lands of Cuba's northern coast.
    (b) Sanctions Described.--The sanctions to be imposed on a
sanctioned person under this section are as follows:
            (1) Export-import bank assistance for exports to sanctioned
        persons.--The President may direct the Export-Import Bank of
        the United States not to give approval to the issuance of any
        guarantee, insurance, extension of credit, or participation in
        the extension of credit in connection with the export of any
        goods or services to any sanctioned person.
            (2) Export sanction.--The President may order the United
        States Government not to issue any specific license and not to
        grant any other specific permission or authority to export any
        goods or technology to a sanctioned person under--
                    (A) the Export Administration Act of 1979;
                    (B) the Arms Export Control Act;
                    (C) the Atomic Energy Act of 1954; or
                    (D) any other statute that requires the prior
                review and approval of the United States Government as
                a condition for the export or reexport of goods or
                services.
            (3) Loans from united states financial institutions.--The
        United States Government may prohibit any United States
        financial institution from making loans or providing credits to
        any sanctioned person totaling more than $10,000,000 in any 12-
        month period unless such person is engaged in activities to
        relieve human suffering and the loans or credits are provided
        for such activities.
            (4) Prohibitions on financial institutions.--The following
        prohibitions may be imposed against a sanctioned person that is
        a financial institution:
                    (A) Prohibition on designation as primary dealer.--
                Neither the Board of Governors of the Federal Reserve
                System nor the Federal Reserve Bank of New York may
                designate, or permit the continuation of any prior
                designation of, such financial institution as a primary
                dealer in United States Government debt instruments.
                    (B) Prohibition on service as a repository of
                government funds.--Such financial institution may not
                serve as agent of the United States Government or serve
                as repository for United States Government funds.
        The imposition of either sanction under subparagraph (A) or (B)
        shall be treated as one sanction for purposes of this section,
        and the imposition of both such sanctions shall be treated as
        two sanctions for purposes of this section.
            (5) Procurement sanction.--The United States Government may
        not procure, or enter into any contract for the procurement of,
        any goods or services from a sanctioned person.
    (c) Person Defined.--In this section, the term ``person'' includes
a foreign subsidiary of a person referred to in subsection (a).

Summary: States that it shall be US policy to: (1) undertake measures to deny the Cuban regime the financial resources to engage in activities that threaten US national security and other interests, threaten the environment and natural resources of northern Cuba and Florida, and prolong the dictatorship that oppresses the Cuban people. And (2) deter foreign investments that would enhance the Cuban regime's ability to develop its petroleum resources. Amends the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to exclude from US entry an alien who: (1) is an officer or principal of an entity, or a shareholder who owns a controlling interest in an entity that makes an investment of $1 million or more , that significantly contributes to Cuba's ability to develop petroleum and natural gas resources off its north coast. Or (2) is a spouse, minor child, or agent of such person. Exempts on a case-by-case basis entries: (1) for medical reasons or property-related litigation. Or (2) where a transition government is in place. Defines investment for purposes of this Act. Directs the President to impose two or more specified export, procurement, financial institution, loan, or Export-Import Bank sanctions if the President determines that a person has made an investment of $1 million or more that contributes to the enhancement of Cuba's ability to develop petroleum resources of the submerged lands of Cuba's northern coast.

To exclude from admission to the United States aliens who have made investments contributing to the enhancement of the ability of Cuba to develop its petroleum resources, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Tax Prevention Act of 2011''.

SEC. 2. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

    (a) In General.--Title III of the Clean Air Act (42 U.S.C. 7601 et
seq.) is amended by adding at the end the following:

``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

    ``(a) Definition.--In this section, the term `greenhouse gas' means
any of the following:
            ``(1) Water vapor.
            ``(2) Carbon dioxide.
            ``(3) Methane.
            ``(4) Nitrous oxide.
            ``(5) Sulfur hexafluoride.
            ``(6) Hydrofluorocarbons.
            ``(7) Perfluorocarbons.
            ``(8) Any other substance subject to, or proposed to be
        subject to, regulation, action, or consideration under this Act
        to address climate change.
    ``(b) Limitation on Agency Action.--
            ``(1) Limitation.--
                    ``(A) In general.--The Administrator may not, under
                this Act, promulgate any regulation concerning, take
                action relating to, or take into consideration the
                emission of a greenhouse gas to address climate change.
                    ``(B) Air pollutant definition.--The definition of
                the term `air pollutant' in section 302(g) does not
                include a greenhouse gas. Nothwithstanding the previous
                sentence, such definition may include a greenhouse gas
                for purposes of addressing concerns other than climate
                change.
            ``(2) Exceptions.--Paragraph (1) does not prohibit the
        following:
                    ``(A) Notwithstanding paragraph (4)(B),
                implementation and enforcement of the rule entitled
                `Light-Duty Vehicle Greenhouse Gas Emission Standards
                and Corporate Average Fuel Economy Standards' (75 Fed.
                Reg. 25324 (May 7, 2010) and without further revision)
                and finalization, implementation, enforcement, and
                revision of the proposed rule entitled `Greenhouse Gas
                Emissions Standards and Fuel Efficiency Standards for
                Medium- and Heavy-Duty Engines and Vehicles' published
                at 75 Fed. Reg. 74152 (November 30, 2010).
                    ``(B) Implementation and enforcement of section
                211(o).
                    ``(C) Statutorily authorized Federal research,
                development, and demonstration programs addressing
                climate change.
                    ``(D) Implementation and enforcement of title VI to
                the extent such implementation or enforcement only
                involves one or more class I or class II substances (as
                such terms are defined in section 601).
                    ``(E) Implementation and enforcement of section 821
                (42 U.S.C. 7651k note) of Public Law 101-549 (commonly
                referred to as the `Clean Air Act Amendments of 1990').
            ``(3) Inapplicability of provisions.--Nothing listed in
        paragraph (2) shall cause a greenhouse gas to be subject to
        part C of title I (relating to prevention of significant
        deterioration of air quality) or considered an air pollutant
        for purposes of title V (relating to air permits).
            ``(4) Certain prior agency actions.--The following rules,
        and actions (including any supplement or revision to such rules
        and actions) are repealed and shall have no legal effect:
                    ``(A) `Mandatory Reporting of Greenhouse Gases',
                published at 74 Fed. Reg. 56260 (October 30, 2009).
                    ``(B) `Endangerment and Cause or Contribute
                Findings for Greenhouse Gases under section 202(a) of
                the Clean Air Act' published at 74 Fed. Reg. 66496
                (Dec. 15, 2009).
                    ``(C) `Reconsideration of the Interpretation of
                Regulations That Determine Pollutants Covered by Clean
                Air Act Permitting Programs' published at 75 Fed. Reg.
                17004 (April 2, 2010) and the memorandum from Stephen
                L. Johnson, Environmental Protection Agency (EPA)
                Administrator, to EPA Regional Administrators,
                concerning `EPA's Interpretation of Regulations that
                Determine Pollutants Covered by Federal Prevention of
                Significant Deterioration (PSD) Permit Program' (Dec.
                18, 2008).
                    ``(D) `Prevention of Significant Deterioration and
                Title V Greenhouse Gas Tailoring Rule', published at 75
                Fed. Reg. 31514 (June 3, 2010).
                    ``(E) `Action To Ensure Authority To Issue Permits
                Under the Prevention of Significant Deterioration
                Program to Sources of Greenhouse Gas Emissions: Finding
                of Substantial Inadequacy and SIP Call', published at
                75 Fed. Reg. 77698 (December 13, 2010).
                    ``(F) `Action To Ensure Authority To Issue Permits
                Under the Prevention of Significant Deterioration
                Program to Sources of Greenhouse Gas Emissions: Finding
                of Failure to Submit State Implementation Plan
                Revisions Required for Greenhouse Gases', published at
                75 Fed. Reg. 81874 (December 29, 2010).
                    ``(G) `Action To Ensure Authority To Issue Permits
                Under the Prevention of Significant Deterioration
                Program to Sources of Greenhouse Gas Emissions: Federal
                Implementation Plan', published at 75 Fed. Reg. 82246
                (December 30, 2010).
                    ``(H) `Action To Ensure Authority To Implement
                Title V Permitting Programs Under the Greenhouse Gas
                Tailoring Rule', published at 75 Fed. Reg. 82254
                (December 30, 2010).
                    ``(I) `Determinations Concerning Need for Error
                Correction, Partial Approval and Partial Disapproval,
                and Federal Implementation Plan Regarding Texas
                Prevention of Significant Deterioration Program',
                published at 75 Fed. Reg. 82430 (December 30, 2010).
                    ``(J) `Limitation of Approval of Prevention of
                Significant Deterioration Provisions Concerning
                Greenhouse Gas Emitting-Sources in State Implementation
                Plans; Final Rule', published at 75 Fed. Reg. 82536
                (December 30, 2010).
                    ``(K) `Determinations Concerning Need for Error
                Correction, Partial Approval and Partial Disapproval,
                and Federal Implementation Plan Regarding Texas
                Prevention of Significant Deterioration Program;
                Proposed Rule', published at 75 Fed. Reg. 82365
                (December 30, 2010).
                    ``(L) Except for action listed in paragraph (2),
                any other Federal action under this Act occurring
                before the date of enactment of this section that
                applies a stationary source permitting requirement or
                an emissions standard for a greenhouse gas to address
                climate change.
            ``(5) State action.--
                    ``(A) No limitation.--This section does not limit
                or otherwise affect the authority of a State to adopt,
                amend, enforce, or repeal State laws and regulations
                pertaining to the emission of a greenhouse gas.
                    ``(B) Exception.--
                            ``(i) Rule.--Notwithstanding subparagraph
                        (A), any provision described in clause (ii)--
                                    ``(I) is not federally enforceable;
                                    ``(II) is not deemed to be a part
                                of Federal law; and
                                    ``(III) is deemed to be stricken
                                from the plan described in clause
                                (ii)(I) or the program or permit
                                described in clause (ii)(II), as
                                applicable.
                            ``(ii) Provisions defined.--For purposes of
                        clause (i), the term `provision' means any
                        provision that--
                                    ``(I) is contained in a State
                                implementation plan under section 110
                                and authorizes or requires a limitation
                                on, or imposes a permit requirement
                                for, the emission of a greenhouse gas
                                to address climate change; or
                                    ``(II) is part of an operating
                                permit program under title V, or a
                                permit issued pursuant to title V, and
                                authorizes or requires a limitation on
                                the emission of a greenhouse gas to
                                address climate change.
                    ``(C) Action by administrator.--The Administrator
                may not approve or make federally enforceable any
                provision described in subparagraph (B)(ii).''.

SEC. 3. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.

    Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is amended by
adding at the end the following:
            ``(4) With respect to standards for emissions of greenhouse
        gases (as defined in section 330) for model year 2017 or any
        subsequent model year for new motor vehicles and new motor
        vehicle engines--
                    ``(A) the Administrator may not waive application
                of subsection (a); and
                    ``(B) no waiver granted prior to the date of
                enactment of this paragraph may be considered to waive
                the application of subsection (a).''.

Summary: Energy Tax Prevention Act of 2011 - Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas (GHG) to address climate change. Excludes GHGs from the definition of air pollutant for purposes of addressing climate change. Exempts from such prohibition: (1) implementation and enforcement of the rule, Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards and finalization, implementation, enforcement, and revision of the proposed rule, Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles, (2) implementation of the renewable fuel program. (3) statutorily authorized federal research, development, and demonstration programs addressing climate change. (4) implementation and enforcement of stratospheric ozone protection to the extent that such implementation or enforcement only involves class I or II substances. And (5) implementation and enforcement of requirements for monitoring and reporting of carbon dioxide emissions. Provides that none of such exemptions shall cause a GHG to be subject to regulations relating to prevention of significant deterioration of air quality or considered an air pollutant for purposes of air pollution prevention and control permits. Repeals and makes ineffective specified rules and actions concerning permit requirements or emission standards for GHGs to address climate change. Prohibits the Administrator from waiving, and invalidates waivers given by the Administrator before the enactment of this Act, the ban on states from adopting or enforcing standards relating to the control of emissions from new motor vehicles or engines with respect to GHG emissions for model year 2017 or any subsequent model year.

A bill to amend the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas to address climate change, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gold King Mine Spill Recovery Act of
2015''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) on August 5, 2015, approximately 3,000,000 gallons of
        contaminated water was discharged from the Gold King Mine north
        of Silverton, Colorado, into Cement Creek, a tributary of the
        Animas River, while contractors of the Environmental Protection
        Agency were conducting an investigation of the mine--
                    (A) to assess the ongoing water releases from the
                mine;
                    (B) to treat mine water; and
                    (C) to assess the feasibility of further mine
                remediation;
            (2) the plume of contaminated water resulting from the
        discharge described in paragraph (1)--
                    (A) was found to contain high levels of heavy
                metals, including aluminum, arsenic, cadmium, cobalt,
                copper, iron, lead, manganese, mercury, molybdenum,
                nickel, and zinc; and
                    (B) flowed through the Animas River, the San Juan
                River, and Lake Powell;
            (3) as of the date of enactment of this Act, with respect
        to the discharge described in paragraph (1)--
                    (A) state of emergency declarations have been made
                by--
                            (i) the States of Colorado, New Mexico, and
                        Utah; and
                            (ii) the Navajo Nation; and
                    (B) a declaration of disaster has been issued by
                the Southern Ute Indian Tribe; and
            (4) on August 11, 2015, Administrator of the Environmental
        Protection Agency Gina McCarthy stated that the Environmental
        Protection Agency will take full responsibility for the
        discharge described in paragraph (1).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Gold king mine spill.--The term ``Gold King Mine
        spill'' means the discharge on August 5, 2015, of approximately
        3,000,000 gallons of contaminated water from the Gold King Mine
        north of Silverton, Colorado, into Cement Creek that occurred
        while contractors of the Environmental Protection Agency were
        conducting an investigation of the Gold King Mine.
            (3) Injured person.--The term ``injured person'' means a
        person that--
                    (A) suffered injury resulting from the Gold King
                Mine spill; and
                    (B) is--
                            (i) an individual, regardless of the
                        citizenship or alien status of the individual;
                            (ii) an Indian tribe, tribal corporation,
                        or other tribal organization;
                            (iii) a corporation, business, partnership,
                        company, association, insurer, county,
                        township, city, State or political subdivision
                        of a State, school district, ditch company,
                        special district, water district, water
                        company, the Animas-La Plata Operation,
                        Maintenance and Replacement Association, or
                        other non-Federal entity; or
                            (iv) a legal representative of an
                        individual or entity described in any of
                        clauses (i) through (iii).
            (4) Injury.--The term ``injury'' means any damage to, or
        loss of, property, or a personal injury or death, caused by a
        negligent or wrongful act or omission of a Federal officer,
        employee, contractor, or subcontractor while acting within the
        scope of office, employment, or contract, under circumstances
        in which the Federal officer, employee, contractor, or
        subcontractor, if a private person, would be liable to the
        claimant in accordance with the law of the jurisdiction in
        which the act or omission occurred.
            (5) Office.--The term ``Office'' means the Office of Gold
        King Mine Spill Claims established by section 4(b)(1).

SEC. 4. COMPENSATION FOR VICTIMS OF GOLD KING MINE SPILL.

    (a) Federal Tort Claims.--
            (1) In general.--Subject to paragraph (4), each injured
        person shall be entitled to receive from the United States
        compensation for a claim filed, or civil action brought, under
        chapter 171 of title 28, United States Code (commonly known as
        the ``Federal Tort Claims Act''), arising out of or relating to
        an injury resulting from the Gold King Mine spill.
            (2) Effect of acceptance.--The acceptance by an injured
        person of compensation under paragraph (1) shall have the same
        effect as acceptance of compensation under chapter 171 of title
        28, United States Code (commonly known as the ``Federal Tort
        Claims Act''), or any other Federal or State law, arising out
        of or relating to the Gold King Mine spill.
            (3) Requirement.--The Administrator and the Attorney
        General shall process a claim filed, or civil action brought,
        pursuant to paragraph (1) as expeditiously as practicable.
            (4) Nonapplicability of limitation.--With respect to any
        claim under this Act arising out of, or relating to, an injury
        resulting from the Gold King Mine spill--
                    (A) the maximum amount limitation on claims
                described in the proviso of the first sentence of
                section 2672 of title 28, United States Code, shall be
                waived; and
                    (B) the Administrator may provide compensation for
                the claim in an amount greater than $25,000 without
                prior written approval of the Attorney General (or a
                designee), as the Administrator determines to be
                appropriate.
    (b) Office of Gold King Mine Spill Claims.--
            (1) Establishment.--There is established within the
        Environmental Protection Agency an Office of Gold King Mine
        Spill Claims.
            (2) Purpose.--The Office shall receive, process, and pay
        claims in accordance with this section.
            (3) Treatment.--The establishment of the Office by this
        subsection shall not diminish the ability of the Administrator
        to carry out the responsibilities of the Environmental
        Protection Agency under any other provision of law.
            (4) Detailees.--On request of the Administrator, the head
        of any Federal department or agency may detail, on a
        reimbursable basis, any personnel of that department or agency
        to the Office to assist in carrying out the duties under this
        Act.
    (c) Allowable Damages.--
            (1) Property loss.--A claim that is paid for loss of
        property under this section may include otherwise-uncompensated
        damages resulting from the Gold King Mine spill for--
                    (A) a cost resulting from lost tribal subsistence
                from hunting, fishing, firewood gathering, timbering,
                grazing, or agricultural activities, or from lost use
                for traditional or ceremonial uses, conducted on land
                or water damaged by the Gold King Mine spill;
                    (B) a cost of reforestation or revegetation on
                tribal or non-Federal land, to the extent that the cost
                of reforestation or revegetation is not covered by any
                other Federal program;
                    (C) any costs borne by any injured person to
                determine the extent of--
                            (i) the damages to agricultural land; or
                            (ii) any other damages covered by this Act;
                    (D) any costs borne by an injured person who had to
                pay for water supplies or equipment to treat water
                during the period for which a water supply of the
                injured person was compromised by the Gold King Mine
                spill; and
                    (E) any other loss that the Administrator
                determines to be appropriate for inclusion as loss of
                property.
            (2) Business loss.--A claim that is paid for an injury
        under this section may include damages resulting from the Gold
        King Mine spill for the following types of otherwise
        uncompensated business loss:
                    (A) Damage to tangible assets or inventory.
                    (B) Business interruption losses.
                    (C) Overhead costs.
                    (D) Employee wages for work not performed.
                    (E) Any other loss that the Administrator
                determines to be appropriate for inclusion as a
                business loss.
            (3) Financial loss.--A claim that is paid for an injury
        under this section may include damages resulting from the Gold
        King Mine spill for the following types of otherwise
        uncompensated financial loss:
                    (A) An insurance deductible.
                    (B) Lost wages or personal income.
                    (C) Emergency staffing expenses.
                    (D) Debris removal and other cleanup costs.
                    (E) Any other loss that the Administrator
                determines to be appropriate for inclusion as a
                financial loss.

SEC. 5. LONG-TERM WATER QUALITY MONITORING PROGRAM; DESIGNATION AS
              SUPERFUND SITE.

    (a) Gold King Mine Spill Response Program.--
            (1) In general.--The Administrator shall work with affected
        States and Indian tribes to develop, fund, and implement a
        long-term monitoring program for water quality of the Animas
        and San Juan Rivers in response to the Gold King Mine spill.
            (2) Requirement.--The program under paragraph (1) shall
        provide--
                    (A) full disclosure to the public of applicable
                water quality and sediment data; and
                    (B) a clear and meaningful comparison between those
                data and all relevant water quality standards.
    (b) Sense of Congress.--It is the sense of Congress that the
Administrator should--
            (1) consult with all local communities along the Animas and
        San Juan Rivers affected by the Gold King Mine spill, the
        Navajo Nation, the Southern Ute Indian Tribe, and the States of
        Colorado and New Mexico to determine whether it is appropriate
        to seek a designation for the Upper Animas River watershed on
        the National Priorities List under the Comprehensive
        Environmental Response, Compensation, and Liability Act of 1980
        (42 U.S.C. 9601 et seq.); and
            (2) prioritize the construction of a water treatment plant
        in the Upper Animas River basin to significantly reduce the
        ongoing heavy metal discharge into the Animas River from Cement
        Creek.

SEC. 6. AMENDMENT TO CERCLA.

    Title I of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding
at the end the following:

``SEC. 129. MINING-RELATED PROVISIONS.

    ``(a) Assessments.--The Administrator, the Secretary of
Agriculture, and the Secretary of the Interior, in coordination with
the Governors of affected States, the heads of appropriate research
universities, and the heads of other relevant Federal departments and
agencies, shall--
            ``(1) not later than 180 days after the date of enactment
        of this section, review known, existing abandoned and inactive
        mines--
                    ``(A) to identify the most dangerous abandoned and
                inactive mines on public land and private land with
                respect to the existence of pollution and the potential
                to release any hazardous substance or other pollutant,
                particularly with respect to contamination of water;
                and
                    ``(B) to establish a priority plan for activities
                for removal and remediation of the hazardous substances
                and other pollutants;
            ``(2) periodically thereafter, as appropriate, update the
        priority plan established under paragraph (1)(B) as new
        information becomes available; and
            ``(3) develop a long-term research initiative to evaluate
        the physical, chemical, and geological attributes of closed,
        abandoned, and inactive mines and pursue technological
        developments to aid in the cleanup of such mines.
    ``(b) Actions Prior to Certain Activities.--Before conducting any
activity at a mine that presents the significant potential for
accidental discharge of a hazardous substance or other pollutant, the
Administrator or the head of any other Federal department or agency
carrying out an activity for mine remediation shall--
            ``(1) provide to each tribal, State, and local unit of
        government the resources or residents of which may be affected
        by such a discharge notice regarding the activity; and
            ``(2) develop a spill prevention, control, and
        countermeasures plan to avoid and mitigate the impacts of such
        a discharge.''.

SEC. 7. EFFECT OF ACT.

    Nothing in this Act (or an amendment made by this Act) provides for
compensation of any injured person pursuant to this Act (or an
amendment made by this Act) from the Hazardous Substances Superfund
established by section 9507(a) of the Internal Revenue Code of 1986.

Summary: Gold King Mine Spill Recovery Act of 2015 This bill entitles persons to compensation for allowable damages under the Federal Tort Claims Act if they were injured by the spill into Cement Creek from the Gold King Mine near Silverton, Colorado. The spill occurred on August 5, 2015. The bill establishes an Office of Gold King Mine Spill Claims within the Environmental Protection Agency (EPA) to process and pay compensation claims. The EPA must work with affected states and Indian tribes to develop, fund, and implement a long-term monitoring program for water quality of the Animas and San Juan Rivers in response to the spill. The bill amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 by requiring certain agencies to work with affected states as well as research universities to: (1) identify the most dangerous abandoned and inactive mines, (2) establish a priority plan for cleaning up those mines, (3) update the plan as new information becomes available, and (4) develop a long-term research initiative. That initiative must evaluate the physical, chemical, and geological attributes of closed, abandoned, and inactive mines and pursue technological developments to aid in the cleanup of those mines. Prior to carrying out mine remediation activities, agencies must: (1) provide affected tribal, state, and local governments notice of such activities. And (2) develop a spill prevention, control, and countermeasures plan for avoiding and mitigating the impacts of a spill.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secondary Payer Advancement,
Rationalization, and Clarification Act'' or the ``SPARC Act''.

SEC. 2. CLARIFICATION AND RATIONALIZATION OF MEDICARE PRESCRIPTION DRUG
              SECONDARY CLAIMS RESPONSIBILITY.

    (a) In General.--Section 1860D-2(a)(4) of the Social Security Act
(42 U.S.C. 1395w-102(a)(4)) is amended to read as follows:
            ``(4) Secondary payor and recovery rights.--
                    ``(A) In general.--
                            ``(i) Application of secondary payor.--A
                        prescription drug plan shall be secondary payor
                        to any valid and collectible payment from a
                        primary drug plan (as defined in clause (iv))
                        until such time as such primary drug plan pays
                        a final settlement, judgment, or award to an
                        individual enrolled under the prescription drug
                        plan with regard to an injury or illness
                        involved or otherwise terminates its ongoing
                        responsibility for medical payments with
                        respect to the individual.
                            ``(ii) Limitation on parties making
                        prescription drug plans primary.--A primary
                        drug plan (as defined in clause (iv), other
                        than a group health plan or multiemployer or
                        multiple employer plan of, or contributed to
                        by, an employer that has 20 or fewer employees
                        for each working day in each of 20 or more
                        calendar weeks in the calendar year involved or
                        the preceding calendar year), a self-insured
                        plan, a service benefit plan, a managed care
                        organization, a pharmacy benefit manager, or
                        other party that, by statute, contract, or
                        agreement, is legally responsible for payment
                        of a claim for a covered outpatient drug, in
                        enrolling an individual or in making any
                        payments for benefits to the individual or on
                        the individual's behalf, may not take into
                        account that the individual is enrolled under a
                        prescription drug plan under this part or is
                        eligible for or is provided coverage for
                        covered part D drugs under this part.
                            ``(iii) Limitation on secretarial claims
                        through subrogation.--The Secretary shall not
                        assert any claim on behalf or against a
                        prescription drug plan, other than through the
                        recovery from such a plan of amounts paid
                        related to a covered part D drug event that has
                        been repaid to the plan through a subrogation
                        action.
                            ``(iv) Primary drug plan defined.--In this
                        paragraph, the term `primary drug plan' means,
                        with respect to benefits for covered part D
                        drugs, a group health plan or large group
                        health plan (other than a group health plan or
                        multiemployer or multiple employer plan of, or
                        contributed to by, an employer that has 20 or
                        fewer employees for each working day in each of
                        20 or more calendar weeks in the calendar year
                        involved or the preceding calendar year), a
                        workers' compensation law or plan, an
                        automobile or liability insurance policy or
                        plan (including a self-insured plan) or no-
                        fault insurance insofar as such a plan, law,
                        policy, or insurance provides such benefits,
                        insofar as, under the provisions of section
                        1862(b)(2), such coverage would be treated as a
                        primary plan if benefits for covered part D
                        drugs were treated as benefits under parts A
                        and B. For purposes of this clause, an entity
                        that engages in a business, trade, or
                        profession shall be deemed to have a self-
                        insured plan if it carries its own risk
                        (whether by a failure to obtain insurance, or
                        otherwise) in whole or in part.
                    ``(B) Recovery.--A prescription drug plan shall be
                subrogated (to the extent of payment made under this
                part by the plan for any covered part D drug before the
                date the plan received notice pursuant to subparagraph
                (D)) to any right of an individual or any other entity
                to payment, with respect to such covered part D drug,
                under a primary drug plan. A subrogation claim may not
                be asserted pursuant to this subparagraph by a
                prescription drug plan with respect to a payment for a
                covered part D drug after the date that is 3 years
                after the date such plan receives notice of a payment,
                with respect to such covered part D drug, pursuant to
                subparagraph (D). Any such subrogation claim shall be
                the exclusive legal remedy of the PDP sponsor of the
                plan and shall be reduced to take into account the cost
                of procuring the judgment or settlement with respect to
                such claim if an individual's liability, workers'
                compensation, or no-fault claim is disputed. Any costs
                or expense incurred by a prescription drug plan related
                to recoveries pursuant to this subparagraph shall not
                be considered an administrative cost or expense, as
                those terms are used in this part.
                    ``(C) Waiver.--A prescription drug plan may waive
                (in whole or in part) the provisions of this paragraph
                in the case of an individual claim if the plan
                determines that the waiver is in the best interests of
                the program established under this part.
                    ``(D) Coordination of benefits information.--Not
                later than 15 days after the date the Secretary
                receives information under paragraph (7) or (8) of
                section 1862(b) relating to an individual enrolled in a
                prescription drug plan during an applicable time, the
                Secretary shall provide such information to such
                prescription drug plan in a format convenient and
                accessible to such plans. The Secretary shall waive any
                requirements under this part that a prescription drug
                plan establish procedures for determining whether costs
                for part D eligible individuals are being reimbursed
                through insurance or otherwise or identify payers that
                are primary to the program under subparagraph (A)(ii)
                other than as required under this paragraph.
                    ``(E) Coordination of benefits.--A prescription
                drug plan shall, in the case of receipt of a notice
                pursuant to subparagraph (D) related to an enrollee for
                whom a primary drug plan has reported on ongoing
                responsibility for medical costs pursuant to paragraph
                (7) or (8) of section 1862(b), authorize the provider
                of such covered part D drug to charge, in accordance
                with the charges allowed under the prescription drug
                plan, such primary drug plan for such covered part D
                drug related to or arising out of the treatment
                accident or injury subject to such notice (other than
                payments subject to a claim under subparagraph (B) or
                (F)) for the period in which the enrollee remains
                enrolled in such plan through the date upon which such
                primary drug plan has terminated such ongoing
                responsibility for medical payments.
                    ``(F) Use of website to determine final
                reimbursement amount.--
                            ``(i) Notification of plans.--Not later
                        than 10 days after the date the Secretary
                        receives a notice under section
                        1862(b)(2)(B)(vii)(I) relating to an individual
                        during the period the individual is enrolled in
                        a prescription drug plan, the Secretary shall
                        provide such notice to the plan.
                            ``(ii) Statement by plan.--
                                    ``(I) In general.--Not later than
                                20 days after the date a plan receives
                                a notice under clause (i), the plan may
                                provide the Secretary with a statement
                                of any covered part D drug for which
                                the plan seeks reimbursement, including
                                the amount of such reimbursement.
                                    ``(II) Failure to provide
                                statement.--The prescription drug plan
                                shall be deemed to have waived its
                                rights under subparagraph (B)--
                                            ``(aa) in the case that the
                                        prescription drug plan does not
                                        provide such statement by such
                                        date, with respect to any
                                        covered part D drug provided to
                                        such individual with respect to
                                        such notice; and
                                            ``(bb) in the case that the
                                        prescription drug plan provides
                                        such statement by such date,
                                        with respect to any covered
                                        part D drug provided to such
                                        individual which was not
                                        identified in the notice.
                            ``(iii) Inclusion of information on
                        website.--The Secretary shall include any
                        covered part D drug identified by a
                        prescription drug plan pursuant to clause (ii)
                        within the Secretary's statement of
                        reimbursement amount on the website as
                        described in section 1862(b)(2)(B)(vii).
                            ``(iv) Collection.--The Secretary may
                        collect (on behalf of a prescription drug plan)
                        the reimbursement amount for covered part D
                        drugs, as identified pursuant to clause (ii),
                        from the individual involved or the primary
                        drug plan pursuant to the procedures set forth
                        under section 1862(b)(2)(B)(vii). Any such
                        amounts collected by the Secretary for covered
                        part D drugs shall be remitted directly by the
                        Secretary to the appropriate prescription drug
                        plan that enrolled the individual related to
                        the notice during the applicable time period
                        for which such individual was enrolled.''.
    (b) Clarification.--Section 1860D-2(b)(4)(D) of the Social Security
Act (42 U.S.C. 1395w-102(b)(4)(D)), is amended by striking ``third-
party reimbursement.--'' and inserting ``third-party reimbursement.--
Solely for the purpose of applying the requirements of subparagraph
(C)(ii):''.
    (c) Effective Date.--The amendment made by subsection (a) shall
apply to drugs dispensed in years beginning more than 6 months after
the date of the enactment of this Act.

Summary: Secondary Payer Advancement, Rationalization, and Clarification Act or the SPARC Act This bill amends title XVIII (Medicare) of the Social Security Act to specify recovery rules with respect to secondary claims responsibility under the Medicare prescription drug benefit. Under current law, secondary payor provisions apply under the benefit in the same manner as they apply with respect to Medicare Advantage plans.

SPARC Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Health Security Partnership
Act of 1995.''

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds as follows:
            (1) 40 million Americans do not have health insurance
        coverage.
            (2) Cost shifting among payers and providers contributes to
        the increasing cost of health care in the United States.
            (3) The only means of ending this cost shifting is to
        ensure that each individual in the United States has health
        insurance coverage.
    (b) Purpose.--It is the purpose of this Act to provide assistance
to each State to enable the State to ensure, in the manner the State
itself considers most appropriate, that each individual has health
insurance coverage at least equivalent to the coverage provided to
employees of the Federal Government.

SEC. 3. STATE DEFINED.

    In this Act, the term ``State'' means each of the 50 States and the
District of Columbia.

                  TITLE I--FEDERAL PAYMENTS TO STATES

SEC. 101. PAYMENTS TO STATES WITH CERTIFIED PLANS.

    For purposes of assisting States in carrying out plans approved
under title II, the Secretary of Health and Human Services (hereafter
in this Act referred to as the ``Secretary'') shall make payments to
States with comprehensive health insurance plans certified under title
II for a fiscal year in an amount determined under section 102.

SEC. 102. AMOUNT OF STATE PAYMENT.

    The amount of payment made to a State for a fiscal year under
section 101 shall be equal to the State's allocation of the total
amount available for payments under this title for the fiscal year
under section 103, as determined in accordance with the following
formula:
            (1) 50 percent of the total amount available shall be
        allocated among the States on the basis of the ratio of the
        population of each State to the population of all States.
            (2) 50 percent of the total amount available shall be
        allocated among the States in amounts determined in accordance
        with the representative revenue system established by the
        Advisory Commission on Intergovernmental Relations.

SEC. 103. TOTAL AMOUNT AVAILABLE FOR PAYMENTS.

    The total amount available for payments to States for a fiscal year
under this title is equal to the following:
            (1) For fiscal year 1998, $1,000,000,000.
            (2) For fiscal year 1999, $2,000,000,000.
            (3) For fiscal year 2000, $28,000,000,000.
            (4) For fiscal year 2001, $29,000,000,000.
            (5) For fiscal year 2002, $30,000,000,000.
            (6) For fiscal year 2003, $31,000,000,000.

         TITLE II--REQUIREMENTS FOR COMPREHENSIVE HEALTH PLANS

SEC. 201. IMPLEMENTATION OF CERTIFIED HEALTH INSURANCE PLANS BY STATES.

    (a) In General.--Not later than July 1, 1999, each State shall
submit to the Secretary a comprehensive health insurance plan designed
to be administered by the State and containing the provisions required
under this title, and shall have such plan in place and operating not
later than January 1, 2000.
    (b) Certification of Plans by Secretary.--The Secretary shall
certify for a fiscal year those State plans developed and implemented
under this title which meet the applicable requirements of this title
for the fiscal year.

SEC. 202. REQUIRED PROVISIONS OF HEALTH INSURANCE PLAN.

    Each State shall have maximum flexibility in developing and
implementing its comprehensive health insurance plan under this title,
except that the plan shall include at least the following provisions:
            (1) Coverage.--Health insurance coverage meeting the
        requirements of this title for all individuals in the State
        without regard to employment status, income, or pre-existing
        condition or other health status.
            (2) Portability and guaranteed renewal.--A prohibition
        against the denial, cancellation, or refusal to renew the
        coverage of an individual or employer except--
                    (A) on the basis of nonpayment of premiums,
                    (B) on the basis of fraud or misrepresentation, or
                    (C) because the plan is ceasing to provide any
                coverage in a geographic area.
            (3) Benefits.--
                    (A) Comparable to fehbp.--Coverage comparable to
                the coverage available to employees of the Federal
                Government under the Federal Employees Health Benefits
                Program (FEHBP) (as determined by the Secretary).
                Coverage under title XVIII of the Social Security Act
                or coverage under a State plan under title XIX of such
                Act shall be deemed to meet the requirement of the
                previous sentence.
                    (B) Availability of home- and community-based
                care.--The offering of home- and community-based care
as an alternative to institutional care if medically appropriate.
            (4) Community rating of premiums.--A requirement that the
        premium charged shall be equivalent for all individuals within
        any community, except that the premium may vary with respect to
        an individual on the basis of the individual's age or the
        number of members of the individual's family covered.
            (5) State supplemental premium payments.--The payment by
        the State of supplemental amounts to ensure that all
        individuals may obtain coverage at reasonable rates.
            (6) Quality of care.--The creation of adequate mechanisms
        designed to assure, monitor, and maintain the provision of high
        quality health care to individuals in the State.
            (7) Cost containment.--The creation of adequate mechanisms
        designed to control premiums and the costs of providing high
        quality health care to individuals in the State.

SEC. 203. WAIVER OF ERISA LIMITATION ON STATE REGULATION OF SELF-
              INSURED PLANS.

    Section 514(b) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1144(b)) is amended by adding at the end the following
paragraph:
            ``(9) Subsection (a) shall not apply to any State law to
        the extent such law conforms to or reflects the provisions of a
        comprehensive health insurance plan developed and implemented
        by the State and certified by the Secretary of Health and Human
        Services under title II of the American Health Security
        Partnership Act of 1995.''.

SEC. 204. REQUIRING OPERATION OF CERTIFIED PLAN TO RECEIVE MEDICAID
              PAYMENTS.

    Section 1903 of the Social Security Act (42 U.S.C. 1396b) is
amended by adding at the end the following new subsection:
    ``(x)(1) In order to receive payments under this title for any
quarter beginning on or after January 1, 2000, a State must have in
effect a comprehensive health insurance plan certified for the fiscal
year in which the quarter occurs by the Secretary under section 201(b)
of the American Health Security Partnership Act of 1995.
    ``(2)(A) The provisions of this subsection shall not apply to a
State for any quarter--
            ``(i) that follows the quarter during which the State meets
        the requirements of this subsection; or
            ``(ii) with respect to which the Secretary determines that
        the State is unable to comply with the relevant requirements of
        this subsection--
                    ``(I) for good cause (but such a waiver may not be
                for a period in excess of 4 quarters), or
                    ``(II) due to circumstances beyond the control of
                such State.
    ``(B) For purposes of determining deadlines imposed under this
subsection, any time period during which a State was found under
subparagraph (A)(ii)(II) to be unable to comply with the requirements
of this subsection shall not be taken into account, and the Secretary
shall modify all such deadlines with respect to such State
accordingly.''.

SEC. 205. INCREASE IN MINIMUM COMMUNITY SPOUSE RESOURCE ALLOWANCE UNDER
              MEDICAID.

    (a) In General.--Section 1924(f)(2)(A)(i) of the Social Security
Act (42 U.S.C. 1396r-5(f)(2)(A)(i)) is amended by striking ``$12,000''
and inserting ``$50,000''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to quarters beginning on or after October 1, 1995.

                    TITLE III--FINANCING MECHANISMS

SEC. 301. INCREASE IN TOP INCOME TAX RATE APPLICABLE TO CORPORATIONS.

    (a) In General.--Subsection (b) of section 11 of the Internal
Revenue Code of 1986 is amended by striking ``35 percent'' each place
it appears and inserting ``36 percent''.
    (b) Conforming Amendments.--
            (1) The last sentence of section 11(b) of such Code is
        amended by striking ``$100,000'' and inserting ``$200,000''.
            (2) Clause (iii) of section 852(b)(3)(D) of such Code is
        amended by striking ``65 percent'' and inserting ``64
        percent''.
            (3) Subsection (a) of section 1201 of such Code is amended
        by striking ``35 percent'' each place it appears and inserting
        ``36 percent''.
            (4) Paragraphs (1) and (2) of section 1445(e) of such Code
        are each amended by striking ``35 percent'' and inserting ``36
        percent''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.

SEC. 302. REVISION OF FEDERAL MEDICAL ASSISTANCE PERCENTAGE UNDER
              MEDICAID.

    Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is
amended--
            (1) in the first sentence, by striking ``83 per centum''
        and inserting ``the applicable maximum percentage described in
        the second sentence''; and
            (2) by inserting after the first sentence the following new
        sentence: ``In the previous sentence, the `applicable maximum
        percentage' is 83 per centum for quarters occurring during
        fiscal years prior to fiscal year 1998 and 60 per centum for
        quarters occurring during fiscal year 1998 and each succeeding
        fiscal year.''.

SEC. 303. INCREASE IN EXCISE TAXES ON TOBACCO PRODUCTS.

    (a) Cigarettes.--Subsection (b) of section 5701 of the Internal
Revenue Code of 1986 is amended--
            (1) by striking ``$12 per thousand ($10 per thousand on
        cigarettes removed during 1991 or 1992)'' in paragraph (1) and
        inserting ``$49.50 per thousand'', and
            (2) by striking ``$25.20 per thousand ($21 per thousand on
        cigarettes removed during 1991 or 1992)'' in paragraph (2) and
        inserting ``$103.95 per thousand''.
    (b) Cigars.--Subsection (a) of section 5701 of such Code is
amended--
            (1) by striking ``$1.125 cents per thousand (93.75 cents
        per thousand on cigars removed during 1991 or 1992)'' in
        paragraph (1) and inserting ``$38.62\1/2\ per thousand'', and
            (2) by striking ``equal to'' and all that follows in
        paragraph (2) and inserting ``equal to 52.594 percent of the
        price for which sold but not more than $123.75 per thousand.''.
    (c) Cigarette Papers.--Subsection (c) of section 5701 of such Code
is amended by striking ``0.75 cent (0.625 cent on cigarette papers
removed during 1991 or 1992)'' and inserting ``3.09 cents''.
    (d) Cigarette Tubes.--Subsection (d) of section 5701 of such Code
is amended by striking ``1.5 cents (1.25 cents on cigarette tubes
removed during 1991 or 1992)'' and inserting ``6.19 cents''.
    (e) Smokeless Tobacco.--Subsection (e) of section 5701 of such Code
is amended--
            (1) by striking ``36 cents (30 cents on snuff removed
        during 1991 or 1992)'' in paragraph (1) and inserting
        ``$12.86'', and
            (2) by striking ``12 cents (10 cents on chewing tobacco
        removed during 1991 or 1992)'' in paragraph (2) and inserting
        ``$12.62''.
    (f) Pipe Tobacco.--Subsection (f) of section 5701 of such Code is
amended by striking ``67.5 cents (56.25 cents on pipe tobacco removed
during 1991 or 1992)'' and inserting ``$13.17\1/2\''.
    (g) Effective Date.--The amendments made by this section shall
apply to articles removed (as defined in section 5702(k) of the
Internal Revenue Code of 1986) after December 31, 1996.

            TITLE IV--TAX DEDUCTIBILITY OF HEALTH INSURANCE

SEC. 401. TAX DEDUCTIBILITY OF HEALTH INSURANCE.

    (a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions) is amended by redesignating section 220 as section 221 and
by inserting after section 219 the following new section:

``SEC. 220. HEALTH INSURANCE COSTS.

    ``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to 80 percent (or 100 percent,
in the case of an individual who is a self-employed individual within
the meaning of section 401(c)) of the amount paid during the taxable
year for insurance which constitutes medical care for the taxpayer, his
spouse, and dependents.
    ``(b) Limitation Based on Earned Income.--No deduction shall be
allowed under subsection (a) to the extent that the amount of such
deduction exceeds the sum of--
            ``(1) the taxpayer's wages, salaries, tips, and other
        employee compensation includible in gross income, plus
            ``(2) the taxpayer's earned income (as defined in section
        401(c)(2)).
    ``(c) Other Coverage.--Subsection (a) shall not apply to any
taxpayer for any calendar month for which the taxpayer is eligible to
participate in any subsidized health plan maintained by any employer of
the taxpayer or of the spouse of the taxpayer.
    ``(d) Special Rules.--
            ``(1) Coordination with medical deduction, etc.--Any amount
        paid by a taxpayer for insurance to which subsection (a)
        applies shall not be taken into account in computing the amount
        allowable to the taxpayer as a deduction under section 213(a).
            ``(2) Deduction not allowed for self-employment tax
        purposes.--The deduction allowable by reason of this section
        shall not be taken into account in determining an individual's
        net earnings from self-employment (within the meaning of
        section 1402(a)) for purposes of chapter 2.''
    (b) Conforming Amendments.--
            (1) Subsection (l) of section 162 of such Code is hereby
        repealed.
            (2) Subsection (a) of section 62 of such Code is amended by
        inserting after paragraph (15) the following new item:
            ``(16) Health insurance costs.--The deduction allowed by
        section 220.''
            (3) The table of sections for part VII of subchapter B of
        chapter 1 of such Code is amended by striking the last item and
        inserting the following new items:

                              ``Sec. 220. Health insurance costs.
                              ``Sec. 221. Cross reference.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.

Summary: TABLE OF CONTENTS: Title I: Federal Payments to States Title II: Requirements for Comprehensive Health Plans Title III: Financing Mechanisms Title IV: Tax Deductibility of Health Insurance American Health Security Partnership Act of 1995 - Title I: Federal Payments to States - Mandates payments to States for comprehensive health insurance plans certified under title II of this Act. Title II: Requirements for Comprehensive Health Plans - Requires each State to submit and operate a comprehensive health insurance plan designed to be administered by the State and having at least: (1) coverage for all individuals in the State. (2) benefits comparable to that available under the Federal Employees Health Benefits Program (deeming coverage under titles XVIII (Medicare) and XIX, (3) home- and community-based care when medically appropriate, (4) community premium rating. (5) payment by the State of supplemental amounts to ensure that all individuals may obtain coverage at reasonable rates, (6) quality control mechanisms. And (7) premium control and cost control mechanisms. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to exempt from ERISA State laws conforming to or reflecting a plan certified under this Act. Amends title XIX (Medicaid) of the Social Security Act to condition Medicaid payments to a State on the State having a certified plan in effect by the deadline. Modifies the method for determining the amount of the community spouse resource allowance for Medicaid provisions relating to transferring resources to a community spouse. Title III: Financing Mechanisms - Amends the Internal Revenue Code (IRC) to increase the highest corporate income tax rate. Amends Medicaid provisions to reduce the maximum Federal medical assistance percentage. Amends the IRC to increase the tax rate on tobacco and related products. Title IV: Tax Deductibility of Health Insurance - Allows a tax deduction for insurance that constitutes medical care.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Electronic Theft (NET) Act''.

SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS.

    (a) Definition of Financial Gain.--Section 101 of title 17, United
States Code, is amended by inserting after the undesignated paragraph
relating to the term ``display'', the following new paragraph:
        ``The term `financial gain' includes receipt, or expectation of
    receipt, of anything of value, including the receipt of other
    copyrighted works.''.
    (b) Criminal Offenses.--Section 506(a) of title 17, United States
Code, is amended to read as follows:
    ``(a) Criminal Infringement.--Any person who infringes a copyright
willfully either--
        ``(1) for purposes of commercial advantage or private financial
    gain, or
        ``(2) by the reproduction or distribution, including by
    electronic means, during any 180-day period, of 1 or more copies or
    phonorecords of 1 or more copyrighted works, which have a total
    retail value of more than $1,000,
shall be punished as provided under section 2319 of title 18, United
States Code. For purposes of this subsection, evidence of reproduction
or distribution of a copyrighted work, by itself, shall not be
sufficient to establish willful infringement.''.
    (c) Limitation on Criminal Proceedings.--Section 507(a) of title
17, United States Code, is amended by striking ``three'' and inserting
``5''.
    (d) Criminal Infringement of a Copyright.--Section 2319 of title
18, United States Code, is amended--
        (1) in subsection (a), by striking ``subsection (b)'' and
    inserting ``subsections (b) and (c)'';
        (2) in subsection (b)--
            (A) in the matter preceding paragraph (1), by striking
        ``subsection (a) of this section'' and inserting ``section
        506(a)(1) of title 17''; and
            (B) in paragraph (1)--
                (i) by inserting ``including by electronic means,''
            after ``if the offense consists of the reproduction or
            distribution,''; and
                (ii) by striking ``with a retail value of more than
            $2,500'' and inserting ``which have a total retail value of
            more than $2,500''; and
        (3) by redesignating subsection (c) as subsection (e) and
    inserting after subsection (b) the following:
    ``(c) Any person who commits an offense under section 506(a)(2) of
title 17, United States Code--
        ``(1) shall be imprisoned not more than 3 years, or fined in
    the amount set forth in this title, or both, if the offense
    consists of the reproduction or distribution of 10 or more copies
    or phonorecords of 1 or more copyrighted works, which have a total
    retail value of $2,500 or more;
        ``(2) shall be imprisoned not more than 6 years, or fined in
    the amount set forth in this title, or both, if the offense is a
    second or subsequent offense under paragraph (1); and
        ``(3) shall be imprisoned not more than 1 year, or fined in the
    amount set forth in this title, or both, if the offense consists of
    the reproduction or distribution of 1 or more copies or
    phonorecords of 1 or more copyrighted works, which have a total
    retail value of more than $1,000.
    ``(d)(1) During preparation of the presentence report pursuant to
Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the
offense shall be permitted to submit, and the probation officer shall
receive, a victim impact statement that identifies the victim of the
offense and the extent and scope of the injury and loss suffered by the
victim, including the estimated economic impact of the offense on that
victim.
    ``(2) Persons permitted to submit victim impact statements shall
include--
        ``(A) producers and sellers of legitimate works affected by
    conduct involved in the offense;
        ``(B) holders of intellectual property rights in such works;
    and
        ``(C) the legal representatives of such producers, sellers, and
    holders.''.
    (e) Unauthorized Fixation and Trafficking of Live Musical
Performances.--Section 2319A of title 18, United States Code, is
amended--
        (1) by redesignating subsections (d) and (e) as subsections (e)
    and (f), respectively; and
        (2) by inserting after subsection (c) the following:
    ``(d) Victim Impact Statement.--(1) During preparation of the
presentence report pursuant to Rule 32(c) of the Federal Rules of
Criminal Procedure, victims of the offense shall be permitted to
submit, and the probation officer shall receive, a victim impact
statement that identifies the victim of the offense and the extent and
scope of the injury and loss suffered by the victim, including the
estimated economic impact of the offense on that victim.
    ``(2) Persons permitted to submit victim impact statements shall
include--
        ``(A) producers and sellers of legitimate works affected by
    conduct involved in the offense;
        ``(B) holders of intellectual property rights in such works;
    and
        ``(C) the legal representatives of such producers, sellers, and
    holders.''.
    (f) Trafficking in Counterfeit Goods or Services.--Section 2320 of
title 18, United States Code, is amended--
        (1) by redesignating subsections (d) and (e) as subsections (e)
    and (f), respectively; and
        (2) by inserting after subsection (c) the following:
    ``(d)(1) During preparation of the presentence report pursuant to
Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the
offense shall be permitted to submit, and the probation officer shall
receive, a victim impact statement that identifies the victim of the
offense and the extent and scope of the injury and loss suffered by the
victim, including the estimated economic impact of the offense on that
victim.
    ``(2) Persons permitted to submit victim impact statements shall
include--
        ``(A) producers and sellers of legitimate goods or services
    affected by conduct involved in the offense;
        ``(B) holders of intellectual property rights in such goods or
    services; and
        ``(C) the legal representatives of such producers, sellers, and
    holders.''.
    (g) Directive to Sentencing Commission.--(1) Under the authority of
the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987)
and section 21 of the Sentencing Act of 1987 (Public Law 100-182; 101
Stat. 1271; 18 U.S.C. 994 note) (including the authority to amend the
sentencing guidelines and policy statements), the United States
Sentencing Commission shall ensure that the applicable guideline range
for a defendant convicted of a crime against intellectual property
(including offenses set forth at section 506(a) of title 17, United
States Code, and sections 2319, 2319A, and 2320 of title 18, United
States Code) is sufficiently stringent to deter such a crime and to
adequately reflect the additional considerations set forth in paragraph
(2) of this subsection.
    (2) In implementing paragraph (1), the Sentencing Commission shall
ensure that the guidelines provide for consideration of the retail
value and quantity of the items with respect to which the crime against
intellectual property was committed.

SEC. 3. INFRINGEMENT BY UNITED STATES.

    Section 1498(b) of title 28, United States Code, is amended by
striking ``remedy of the owner of such copyright shall be by action''
and inserting ``action which may be brought for such infringement shall
be an action by the copyright owner''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: No Electronic Theft (NET) Act - Amends Federal copyright law to define financial gain to include the receipt of anything of value, including the receipt of other copyrighted works. Sets penalties for willfully infringing a copyright: (1) for purposes of commercial advantage or private financial gain. Or (2) by reproducing or distributing, including by electronic means, during any 180-day period, one or more copies of one or more copyrighted works with a total retail value of more than $1,000. Provides that evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement. Extends the statute of limitations for criminal copyright infringement from three to five years. Revises Federal criminal code provisions regarding criminal copyright infringement to provide for a fine and up to five years' imprisonment for infringing a copyright for purposes of commercial advantage or private financial gain, by reproducing or distributing, including by electronic means, during any 180-day period, at least ten copies or phonorecords of one or more copyrighted works which have a total retail value of more than $2,500. Provides for: (1) up to three years' imprisonment and fines in infringement cases described above. (2) up to six years' imprisonment and a fine for a second or subsequent felony offense under (1). And (3) up to one year's imprisonment and a fine for the reproduction or distribution of one or more copies or phonorecords of one or more copyrighted works with a total retail value of more than $1,000. Requires, during preparation of the presentence report in cases of criminal copyright infringement, unauthorized fixation and trafficking of live musical performances, and trafficking in counterfeit goods or services, that victims of the offense be permitted to submit, and the probation officer receive, a victim impact statement that identifies the victim and the extent and scope of the victim's injury and loss, including the estimated economic impact of the offense on that victim. Directs the US Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter such a crime and adequately reflects consideration of the retail value and quantity of items with respect to which the crime against intellectual property was committed.

No Electronic Theft (NET) Act