TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Environmental Policy Act 
Administrative Reorganization Amendments of 1993''.

SEC. 2. ESTABLISHMENT OF OFFICE OF NATIONAL ENVIRONMENTAL POLICY ACT 
              COMPLIANCE.

    Sections 201, 202, and 204 of title II of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) are 
redesignated and amended to read as follows:
    ``Sec. 201. (a) There is established in the Executive Office of the 
President the Office of National Environmental Policy Act Compliance. 
The Office may be referred to as the `Office of NEPA Compliance'.
    ``(b) The head of the Office shall be the Director of the Office of 
National Environmental Policy Act Compliance, who shall be appointed by 
the President, by and with the advice and consent of the Senate. The 
compensation of the Director shall be at the rate of compensation 
payable to the Deputy Director of the Office of Management and Budget.
    ``Sec. 202. (a) The Director shall--
            ``(1) promulgate regulations governing the implementation 
        of this Act by all Federal agencies (including independent 
        regulatory commissions) which include provisions for public 
        review and comment on the detailed statements required by 
        section 102(2)(C) and, as appropriate, on other documents 
        prepared pursuant to this Act;
            ``(2) mediate interagency disputes, including recommending 
        to the President, as appropriate, resolutions of referrals of 
        interagency disagreements under section 203;
            ``(3) monitor Federal agency implementation of this Act and 
        regulations issued under paragraph (1), including--
                    ``(A) reviewing and approving regulations issued by 
                other Federal agencies to implement this Act;
                    ``(B) determining which Federal agency is the lead 
                agency for purposes of compliance with this Act in 
                cases in which Federal agencies do not agree on which 
                is the lead agency;
                    ``(C) developing alternative procedures for 
                complying with this Act in cases in which emergency 
                circumstances make it necessary for a Federal agency to 
                take an action with significant environmental impact;
                    ``(D) developing alternative procedures for 
                complying with this Act, in cases in which a change in 
                a proposed Federal agency action or new information 
                relating to the environmental impacts of such an action 
                makes it necessary to supplement existing analysis 
                under this Act; and
                    ``(E) developing and publishing guidance to Federal 
                agencies regarding implementation of title I and 
                regulations promulgated under paragraph (1); and
            ``(4) perform such other functions related to environmental 
        laws, policies, and programs as the President may specify.
    ``(b) Nothing in this Act shall be construed to affect, alter, or 
limit the independence of independent regulatory commissions under the 
laws establishing such commissions. The policies, practices, and 
interpretations under this Act and the Environmental Quality 
Improvement Act of 1970 and other laws applicable to, or adopted by, 
such commissions or the Council on Environmental Quality before the 
date of the enactment of the National Environmental Policy Act 
Administrative Reorganization Amendments of 1993 shall continue in 
effect to the extent they are consistent with such independence and 
carry out the purposes of such Acts.
    ``(c)(1) The Director, subject to paragraph (2), shall--
            ``(A) review and appraise the various programs and 
        activities of the Federal Government in light of the policy set 
        forth in title I for the purpose of determining the extent to 
        which such programs and activities are contributing to the 
        achievement of such policy and make recommendations to the 
        President with respect thereto;
            ``(B) coordinate or facilitate the development of 
        recommendations to the President regarding national policies to 
        foster and promote the improvement of environmental quality to 
        meet the conservation, social, economic, health, and other 
        requirements and goals of the Nation; and
            ``(C) coordinate or facilitate the development of such 
        studies, reports thereon, and recommendations with respect to 
        matters of policy and legislation, as the President may 
        request.
    ``(2) The President may transfer to another official in the 
Executive Office of the President, by Executive order, any function of 
the Director under this subsection.
    ``(d)(1) The Director, subject to paragraph (2), shall--
            ``(A) assist Federal agencies and departments in appraising 
        the effectiveness of existing and proposed facilities, 
        programs, policies, and activities of the Federal Government, 
        and those specific major projects designated by the President 
        which do not require individual project authorization by the 
        Congress, which affect environmental quality; and
            ``(B) assist in coordinating among Federal departments and 
        agencies those programs and activities which affect, protect, 
        and improve environmental quality.
    ``(2) The President may transfer to another official in the 
Executive Office of the President or to the head of any Federal agency, 
by Executive order, any function of the Director under this subsection.
    ``(e) The Director shall keep the appropriate Committees of the 
Senate and the House of Representatives informed of the actions, 
regulations, policies, and practices of the Office in carrying out the 
functions and other requirements of the Director and the Office under 
this Act (other than functions of the Director transferred in 
accordance with subsection (c)(2) or (d)(2)).
    ``Sec. 203. Referrals of interagency disagreements by the head of 
any Federal agency concerning proposed major Federal actions 
significantly affecting the quality of the human environment under 
section 102(2)(C) or concerning matters under section 309(b) of the 
Clean Air Act shall be made to the Office for mediation and, as 
appropriate, resolution by the President.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS TO NEPA.

    Sections 203, 205, 207, and 208 of the National Environmental 
Policy Act of 1969, as in effect on the date of enactment of this Act, 
are redesignated in order as sections 204, 205, 206, and 207, 
respectively; such sections are each amended by striking ``Council'' 
and inserting ``Office'' each place it appears; and section 206 of such 
Act, as in effect on the day before the date of the enactment of this 
Act, is repealed.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS TO THE ENVIRONMENTAL 
              QUALITY IMPROVEMENT ACT OF 1970.

    The Environmental Quality Improvement Act of 1970 (42 U.S.C. 4372 
et seq.) is amended--
            (1) in section 202(c) by--
                    (A) striking ``The purposes'' and all that follows 
                through ``(1) to'' and inserting ``the purpose of this 
                title is to''; and
                    (B) striking ``; and'' and all that follows through 
                the end of the section and inserting a period;
            (2) in section 203, by striking subsections (a) through (d) 
        and the designation for subsection (e);
            (3) by striking sections 204 and 205;
            (4) in section 206(a), by striking ``Office of 
        Environmental Quality Management Fund'' and inserting ``Office 
        of National Environmental Policy Act Compliance Management 
        Fund'';
            (5) by redesignating section 206 as section 204; and
            (6) by adding at the end the following:

                             ``definitions

    ``Sec. 205. In this title, each of the terms `Director' and 
`Office' has the meaning given that term in section 3 of the National 
Environmental Policy Act of 1969.''.

SEC. 5. ASSISTANCE FOR OFFICE OF NATIONAL ENVIRONMENTAL POLICY ACT 
              COMPLIANCE.

    The National Environmental Policy Act of 1969 (as amended by 
section 3) is amended by inserting after section 207 the following:
    ``Sec. 208. To assist in the timely performance of the functions of 
the Office, the Director may utilize personnel or otherwise obtain 
assistance from other entities in the Executive Office of the President 
or other Federal agencies, by mutual consent with the heads of those 
entities or agencies, to assist the Director in performing the 
functions of the Office.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    Section 209 of the National Environmental Policy Act of 1969 is 
amended to read as follows:
    ``Sec. 209. (a) There are authorized to be appropriated to the 
Director to carry out the functions of the Director under this or any 
other Act--
            ``(1) $1,000,000 for fiscal year 1994;
            ``(2) $1,100,000 for fiscal year 1995;
            ``(3) $1,200,000 for fiscal year 1996; and
            ``(4) $1,400,000 for fiscal year 1997.
    ``(b) Amounts appropriated to, or available for the use of, the 
Office or the Director shall remain available until expended.''.

SEC. 7. DEFINITIONS.

    The National Environmental Policy Act of 1969 is amended by 
inserting after section 2 (42 U.S.C. 4321) the following:
    ``Sec. 3. In this Act:
            ``(1) The term `Director' means the Director of the Office 
        of National Environmental Policy Act Compliance appointed under 
        section 201(b).
            ``(2) The term `Fund' means the Office of National 
        Environmental Policy Act Compliance Management Fund established 
        by section 204 of the Environmental Quality Improvement Act of 
        1970.
            ``(3) The term `Office' means the Office of National 
        Environmental Policy Act Compliance established by section 
        201(a).''.

SEC. 8. TRANSFER OF FUNCTIONS TO SECRETARY OF THE ENVIRONMENT.

    (a) Transfers.--There are transferred to the Secretary of the 
Environment--
            (1) the functions of the Council on Environmental Quality 
        under paragraphs (2), (5), (6), and (7) of section 204 of the 
        National Environmental Policy Act of 1969, as in effect on the 
        day before the date of the enactment of this Act; and
            (2) the functions of the Chairman of the Council on 
        Environmental Quality (as Director of the Office of 
        Environmental Quality) under paragraphs (3), (4), (6), and (7) 
        of section 203(d) of the Environmental Quality Improvement Act 
        of 1970, as in effect on the day before the date of the 
        enactment of this Act.
    (b) Construction.--The functions transferred to the Secretary of 
the Environment by this section or pursuant to any executive order 
issued pursuant to amendments made by this Act shall not be construed 
by anyone to affect, alter, change, or amend any other law or 
regulation administered by the Secretary or his or her delegate.
    (c) Accountability.--The Secretary of the Environment shall be 
accountable to the appropriate committees of the Senate and House of 
Representatives for all functions described in subsection (b).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary such sums as may be necessary 
specifically to carry out the functions described in subsection (b) 
effectively and in a timely manner.

SEC. 9. TERMINATION OF COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF 
              ENVIRONMENTAL QUALITY.

    (a) Termination.--The Council on Environmental Quality and the 
Office of Environmental Quality are terminated.
    (b) References.--Reference to the Council on Environmental Quality, 
the Office of Environmental Quality, or any officer or employee of that 
council or that office in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or in any document of or 
relating to the Council on Environmental Quality--
            (1) with respect to functions that were vested in that 
        council or office on the day before the date of the enactment 
        of this Act and are vested in the Director of the Office of 
        National Environmental Policy Act Compliance Office by section 
        202 of the National Environmental Policy Act of 1969, as 
        amended by section 2 of this Act, is deemed to refer to the 
        Director of the Office of National Environmental Policy Act 
        Compliance or to such other official to whom such a function is 
        transferred in accordance with section 202(c)(2) or (d)(2) of 
        that Act, as appropriate; or
            (2) with regard to disputes, disagreements, and matters 
        described in sections 202(a)(2) and 203 of that Act, as amended 
        by section 2 of this Act, is deemed to refer to the Director of 
        the Office of National Environmental Policy Act Compliance or 
        to that office, as appropriate.
    (c) Savings Provisions.--
            (1) Continuation of orders, etc.--All orders, 
        determinations, rules, regulations, agreements, grants, 
        contracts, privileges, and other administrative actions--
                    (A) which have been issued, made, granted, or 
                allowed to become effective by the President, the 
                Council on Environmental Quality, or the Office of 
                Environmental Quality, in the performance of functions 
                of the Council on Environmental Quality or the Office 
                of Environmental Quality, or by a court of competent 
                jurisdiction with respect to those functions, and
                    (B) which are in effect on the date of the 
                enactment of this Act, or were final before that date 
                of enactment and are to become effective on or after 
                that date of enactment,
        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, or revoked in 
        accordance with law by the President, the Director of the 
        Office of National Environmental Policy Act Compliance, any 
        other authorized official, a court of competent jurisdiction, 
        or operation of law.
            (2) Continuation of proceedings and applications.--The 
        provisions of this Act shall not affect any proceedings pending 
        before the Council on Environmental Quality on the date of the 
        enactment of this Act, but such proceedings shall be continued. 
        Orders shall be issued in such proceedings, appeals shall be 
        taken therefrom, and payments shall be made pursuant to such 
        orders, as if this Act had not been enacted, and orders issued 
        in any such proceedings shall continue in effect until 
        modified, terminated, superseded, or revoked by a duly 
        authorized official, by a court of competent jurisdiction, or 
        by operation of law. Nothing in this paragraph shall be 
        considered to prohibit the discontinuance or modification of 
        any such proceeding under the same terms and conditions and to 
        the same extent that such proceeding could have been 
        discontinued or modified if this Act had not been enacted.
            (3) Suits not affected.--The provisions of this section 
        shall not affect suits commenced before the date of the 
        enactment of this Act, and in all such suits, proceedings shall 
        be had, appeals taken, and judgments rendered in the same 
        manner and with the same effect as if this Act had not been 
        enacted.
            (4) Suits involving council or office.--No suit, action, or 
        other proceeding commenced by or against the Council on 
        Environmental Quality or the Office of Environmental Quality, 
        or by or against any individual in the official capacity of 
        such individual as an officer or employee of the Council or 
        that Office, shall abate by reason of the enactment of this 
        Act.
            (5) Rulemaking.--Any administrative action relating to the 
        preparation or promulgation of a regulation by the Council on 
        Environmental Quality shall be continued by the Director of the 
        Office of National Environmental Policy Act Compliance or the 
        President with the same effect as if this Act had not been 
        enacted.
            (6) Assets and interests.--The contracts, liabilities, 
        records, property, and other assets and interests of the 
        Council on Environmental Quality and the Office of 
        Environmental Quality shall, on and after the date of the 
        enactment of this Act, be considered to be the contracts, 
        liabilities, records, property, and other assets and interests 
        of the Office of National Environmental Policy Act Compliance.
    (d) Continuing Availability of Amounts.--Amounts available to the 
Council on Environmental Quality on the date of the enactment of this 
Act shall be available for use by the Director of the Office of 
National Environmental Policy Act Compliance.

SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.

    The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) is amended--
            (1) in section 2 (42 U.S.C. 4321)--
                    (A) by inserting ``and'' after ``man;''; and
                    (B) by striking ``Nation;'' and all that follows 
                through the end of the section and inserting 
                ``Nation.'';
            (2) by striking ``Council on Environmental Quality'' each 
        place that term appears and inserting ``Director'';
            (3) in section 102(2)(B) (42 U.S.C. 4332(2)(B)) by striking 
        ``established by title II of this Act'';
            (4) in section 102(2)(G) (42 U.S.C. 4332(2)(G)) by 
        inserting ``and'' after the semicolon;
            (5) in section 102(2)(H) (42 U.S.C. 4332(2)(H)) by striking 
        ``; and'' and inserting a period;
            (6) by striking section 102(2)(I) (42 U.S.C. 4332(2)(I));
            (7) in section 205(1) (42 U.S.C. 4345(1)) by striking ``the 
        Citizen's'' and all that follows through ``and with''; and
            (8) in section 205(2) (42 U.S.C. 4345(2)) by striking ``the 
        Council's'' and inserting ``the Office's''.

                                 

HR 3484 IH----2

SOLUTION: National Environmental Policy Act Administrative Reorganization Amendments of 1993 - Amends the National Environmental Policy Act of 1969 (the Act) to replace provisions regarding the Council on Environmental Quality with those establishing an Office of National Environmental Policy (NEPA) Compliance in the Executive Office of the President.  Requires the Office to be headed by a Director appointed by the President. 
Requires the Director to:  (1) promulgate regulations governing the implementation of the Act by all Federal agencies; (2) mediate interagency disputes; (3) monitor Federal agency implementation of the Act and regulations; and (4) perform other functions related to environmental laws, policies, and programs as specified by the President. 
Amends the Environmental Quality Improvement Act of 1970 to remove provisions regarding the Office of Environmental Quality. 
Authorizes appropriations for the Office of NEPA Compliance. 
Transfers certain duties of the Council, including making an annual report on the state of the environment, to the Secretary of the Environment.  Authorizes appropriations. 
Terminates the Council and the Office of Environmental Quality and transfers functions to the Office of NEPA Compliance.  Makes existing Council funds available for the Director.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Fair Treatment Act of 
1995''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
      TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE

Sec. 101. Definitions.
Sec. 102. Compliance guides.
Sec. 103. No action letter.
Sec. 104. Voluntary self-audits.
                   TITLE II--MISCELLANEOUS PROVISIONS

Sec. 201. Performance measures.
Sec. 202. Grace period for correction of violations of Environmental 
                            Protection Agency regulations.
Sec. 203. Waiver of punitive fines for small entities.

      TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE

SEC. 101. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Compliance guide.--The term ``compliance guide'' means 
        a publication made by a covered agency under section 102(a).
            (2) Covered agency.--The term ``covered agency'' means any 
        agency that, on the date of enactment of this Act, has 
        promulgated any rule for which a regulatory flexibility 
        analysis was required under section 605 of title 5, United 
        States Code, and any other agency that promulgates any such 
        rule, as of the date of enactment of this Act.
            (3) No action letter.--The term ``no action letter'' means 
        a written determination from a covered agency stating that, 
        based on a no action request submitted to the agency by a small 
        entity, the agency will not take enforcement action against the 
        small entity under the rules of the covered agency.
            (4) No action request.--The term ``no action request'' 
        means a written correspondence submitted by a small entity to a 
        covered agency--
                    (A) stating a set of facts; and
                    (B) requesting a determination by the agency of 
                whether the agency would take an enforcement action 
                against the small entity based on such facts and the 
                application of any rule of the agency.
            (5) Rule.--The term ``rule'' has the same meaning as in 
        section 601(2) of title 5, United States Code.
            (6) Small entity.--The term ``small entity'' has the same 
        meaning as in section 601(6) of title 5, United States Code.
            (7) Small business concern.--The term ``small business 
        concern'' has the same meaning as in section 3 of the Small 
        Business Act.
            (8) Voluntary self-audit.--The term ``voluntary self-
        audit'' means an audit, assessment, or review of any operation, 
        practice, or condition of a small entity that--
                    (A) is initiated by an officer, employee, or agent 
                of the small entity; and
                    (B) is not required by law.

SEC. 102. COMPLIANCE GUIDES.

    (a) Compliance Guide.--
            (1) Publication.--If a covered agency is required to 
        prepare a regulatory flexibility analysis for a rule or group 
        of related rules under section 603 of title 5, United States 
        Code, the agency shall publish a compliance guide for such rule 
        or group of related rules.
            (2) Requirements.--Each compliance guide published under 
        paragraph (1) shall--
                    (A) contain a summary description of the rule or 
                group of related rules;
                    (B) contain a citation to the location of the 
                complete rule or group of related rules in the Federal 
                Register;
                    (C) provide notice to small entities of the 
                requirements under the rule or group of related rules 
                and explain the actions that a small entity is required 
                to take to comply with the rule or group of related 
                rules;
                    (D) be written in a manner to be understood by the 
                average owner or manager of a small entity; and
                    (E) be updated as required to reflect changes in 
                the rule.
    (b) Dissemination.--
            (1) In general.--Each covered agency shall establish a 
        system to ensure that compliance guides required under this 
        section are published, disseminated, and made easily available 
        to small entities.
            (2) Small business development centers.--In carrying out 
        this subsection, each covered agency shall provide sufficient 
        numbers of compliance guides to small business development 
        centers for distribution to small businesses concerns.
    (c) Limitation on Enforcement.--
            (1) In general.--No covered agency may bring an enforcement 
        action in any Federal court or in any Federal administrative 
        proceeding against a small entity to enforce a rule for which a 
        compliance guide is not published and disseminated by the 
        covered agency as required under this section.
            (2) Effective dates.--This subsection shall take effect--
                    (A) 1 year after the date of the enactment of this 
                Act with regard to a final regulation in effect on the 
                date of the enactment of this Act; and
                    (B) on the date of the enactment of this Act with 
                regard to a regulation that takes effect as a final 
                regulation after such date of enactment.

SEC. 103. NO ACTION LETTER.

    (a) Application.--This section applies to all covered agencies, 
except--
            (1) the Federal Trade Commission;
            (2) the Equal Employment Opportunity Commission; and
            (3) the Consumer Product Safety Commission.
    (b) Issuance of No Action Letter.--Not later than 90 days after the 
date on which a covered agency receives a no action request, the agency 
shall--
            (1) make a determination regarding whether to grant the no 
        action request, deny the no action request, or seek further 
        information regarding the no action request; and
            (2) if the agency makes a determination under paragraph (1) 
        to grant the no action request, issue a no action letter and 
        transmit the letter to the requesting small entity.
    (c) Reliance on No Action Letter or Compliance Guide.--In any 
enforcement action brought by a covered agency in any Federal court or 
Federal administrative proceeding against a small entity, the small 
entity shall have a complete defense to any allegation of noncompliance 
or violation of a rule if the small entity affirmatively pleads and 
proves by a preponderance of the evidence that the act or omission 
constituting the alleged noncompliance or violation was taken in good 
faith with and in reliance on--
            (1) a no action letter from that agency; or
            (2) a compliance guide of the applicable rule published by 
        the agency under section 102(a).

SEC. 104. VOLUNTARY SELF-AUDITS.

    (a) Procedures.--Each agency shall establish voluntary self-audit 
procedures for small entities regulated by the agency.
    (b) Inadmissibility of Evidence and Limitation on Discovery.--If 
action to address a violation is taken not later than 180 days after 
the date on which a voluntary self-audit is concluded, the evidence 
described in subsection (c)--
            (1) shall not be admissible, unless agreed to by the small 
        entity, in any enforcement action brought against a small 
        entity by a Federal agency in any Federal--
                    (A) court; or
                    (B) administrative proceeding; and
            (2) may not be the subject of discovery in any enforcement 
        action brought against a small entity by a Federal agency in 
        any Federal--
                    (A) court; or
                    (B) administrative proceeding.
    (c) Application.--For purposes of subsection (b), the evidence 
described in this subsection is--
            (1) a voluntary self-audit made in good faith; and
            (2) any report, finding, opinion, or any other oral or 
        written communication made in good faith relating to such 
        voluntary self-audit.
    (d) Exceptions.--Subsection (b) shall not apply if--
            (1) the act or omission that forms the basis of the 
        enforcement action is a violation of criminal law; or
            (2) the voluntary self-audit or the report, finding, 
        opinion, or other oral or written communication was prepared 
        for the purpose of avoiding disclosure of information required 
        for an investigative, administrative, or judicial proceeding 
        that, at the time of preparation, was imminent or in progress.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. PERFORMANCE MEASURES.

    No covered agency shall establish or enforce agency personnel 
practices that reward agency employees, directly or indirectly, based 
on the number of contacts made with small entities in pursuit of 
enforcement actions or on the amount of fines levied against small 
entities to enforce agency regulations.

SEC. 202. GRACE PERIOD FOR CORRECTION OF VIOLATIONS OF ENVIRONMENTAL 
              PROTECTION AGENCY REGULATIONS.

    (a) In General.--Subject to subsection (b), for violations of 
regulations identified on or after the date of enactment of this Act, 
the Administrator of the Environmental Protection Agency shall afford 
small entities 180 days after the date on which the violation is 
identified to correct such violation.
    (b) Exception.--Subsection (a) shall not apply--
            (1) if the Administrator of the Environmental Protection 
        Agency determines that there is an imminent risk to public 
        health or worker safety; or
            (2) to a violation of a regulation for which criminal 
        liability may be imposed.

SEC. 203. WAIVER OF PUNITIVE FINES FOR SMALL ENTITIES.

    Notwithstanding any other law, policy, or practice, a covered 
agency may waive all or part of a punitive fine that would otherwise be 
imposed on a small entity if--
            (1) the fine is for a first time violation of a law or 
        regulation; and
            (2) the small entity acts quickly and in good faith to 
        correct the violation.

SOLUTION: TABLE OF CONTENTS: 
     Title I:  Regulatory Simplification and Voluntary Compliance 
     Title II:  Miscellaneous Provisions 
Small Business Fair Treatment Act of 1995 - 
Title I:  Regulatory Simplification and Voluntary Compliance
 - Directs a Federal regulatory agency that is required to prepare a regulatory flexibility analysis for a rule or group of related rules to publish a compliance guide which:  (1) contains a summary of the rules and a citation as to their location; (2) provides a notice to small businesses (small entities) of such rules as well as an understandable explanation of actions necessary for compliance; and (3) is updated as required. Requires such guide to be disseminated to small entities, as well as to small business development centers.  Prohibits any covered agency from bringing an action against a small entity to enforce a rule for which such a guide has not been published and disseminated. 
(Sec. 103) Requires covered agencies other than the Federal Trade Commission, the Equal Employment Opportunity Commission, and the Consumer Product Safety Commission to determine within 90 days whether to grant or deny a request by a small entity that no action be taken against such entity with respect to the enforcement of a rule (no action request).  Allows a small entity to rely on a no action response from a covered agency in any subsequent action brought against the small entity for a rule's enforcement. 
(Sec. 104) Requires each covered agency to establish voluntary self-audit procedures for small entities regulated by the agency. Makes inadmissible as evidence in an action, as well as outside the bounds of discovery, any information compiled by a small entity in a voluntary self-audit, as long as an action to address such violation is brought within 180 days after the conclusion of the self-audit. 
Title II:  Miscellaneous Provisions
 - Prohibits any covered agency from establishing personnel practices that reward its employees based on the number of contacts made with small entities in pursuit of enforcement actions or the levy of fines to enforce agency regulations. 
(Sec. 202) Directs the Administrator of the Environmental Protection Agency (EPA) to afford small entities a 180-day grace period for the correction of EPA violations, with exceptions. 
(Sec. 203) Authorizes a covered agency to waive all or part of any punitive fine that would otherwise be imposed on a small entity:  (1) for a first time violation; and (2) if the small entity acts quickly and in good faith to correct the violation.

PROBLEM: SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.

    (a) Short Title.--This Act may be cited as the ``Redistricting 
Transparency Act of 2010''.
    (b) Finding.--Congress finds that it has the authority to require 
States to follow certain procedures in carrying out Congressional 
redistricting after an apportionment of Members of the House of 
Representatives because--
            (1) the authority granted to Congress under article I, 
        section 4 of the Constitution of the United States gives 
        Congress the power to enact laws governing the time, place, and 
        manner of elections for Members of the House of 
        Representatives; and
            (2) the authority granted to Congress under section 5 of 
        the 14th Amendment to the Constitution gives Congress the power 
        to enact laws to enforce section 2 of such Amendment, which 
        requires Representatives to be apportioned among the several 
        States according to their number.

SEC. 2. REQUIRING REDISTRICTING TO BE CONDUCTED UNDER PROCEDURES 
              PROVIDING OPPORTUNITY FOR PUBLIC PARTICIPATION.

    (a) Requirement.--
            (1) In general.--Notwithstanding any other provision of 
        law, any Congressional redistricting conducted by a State shall 
        be conducted in accordance with a process under which the 
        entity responsible for developing Congressional redistricting 
        plans in the State (hereafter in this Act referred to as the 
        ``State redistricting entity'')--
                    (A) in accordance with section 3, establishes and 
                operates an Internet site;
                    (B) in accordance with section 4, provides 
                opportunities for participation by members of the 
                public in the initial development of such plans;
                    (C) in accordance with section 5, provides 
                opportunities for members of the public to respond to 
                the proposed final Congressional redistricting plan; 
                and
                    (D) in accordance with section 6, notifies members 
                of the public regarding the final Congressional 
                redistricting plan adopted for the State.
            (2) Other procedures permitted.--Nothing in this Act or the 
        amendments made by this Act may be construed to prohibit a 
        State from conducting Congressional redistricting in accordance 
        with such procedures as the State considers appropriate, to the 
        extent that such procedures are consistent with the applicable 
        requirements of this Act and the amendments made by this Act.
            (3) No effect on redistricting for state or local 
        elections.--Nothing in this Act or the amendments made by this 
        Act may be construed to affect any procedures a State or a unit 
        of local government in a State may use to conduct redistricting 
        with respect to elections for State or local offices.
    (b) Conforming Amendment.--Section 22(c) of the Act entitled ``An 
Act to provide for the fifteenth and subsequent decennial censuses and 
to provide for an apportionment of Representatives in Congress'', 
approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in 
the manner provided by the law thereof'' and inserting: ``in a manner 
consistent with the requirements of the Redistricting Transparency Act 
of 2010''.

SEC. 3. PUBLIC INTERNET SITE FOR STATE REDISTRICTING ENTITY.

    (a) Establishment and Operation of Site.--Each State redistricting 
entity shall establish and maintain a public Internet site which meets 
the following requirements:
            (1) The site is updated continuously to provide advance 
        notice of meetings held by the entity and to otherwise provide 
        timely information on the entity's activities.
            (2) The site contains the most recent available information 
        from the Bureau of the Census on voting-age population, voter 
        registration, and voting results in the State, including 
        precinct-level and census tract-level data with respect to such 
        information, as well as detailed maps reflecting such 
        information.
            (3) The site permits any individual to submit comments on 
        any plan proposed by the entity, and to submit questions, 
        comments, and other information with respect to the entity's 
        activities.
            (4) The site includes any other information the entity is 
        required to post under this Act.
    (b) Deadline for Posting of Comments Submitted by Public.--The 
State redistricting entity shall ensure that any comment submitted by a 
member of the public to the site established under this section, 
including a comment on any plan proposed by the entity or any other 
person, and any other comment relating to Congressional redistricting 
in the State, is posted on the site not later than 72 hours after 
submission.
    (c) Updating of Information.--The State redistricting entity shall 
take all actions necessary to ensure that the site established under 
this section is updated continuously to provide timely advance notice 
of the entity's meetings and to otherwise provide timely information on 
the entity's activities.
    (d) Deadline.--The State redistricting entity shall establish the 
site under this section as soon as practicable after the completion of 
the regular decennial census, but in no case later than the final 
deadline provided under section 22(b) of the Act entitled ``An Act to 
provide for the fifteenth and subsequent decennial censuses and to 
provide for an apportionment of Representatives in Congress'', approved 
June 18, 1929 (2 U.S.C. 2a), for the Clerk of the House of 
Representatives to transmit to the State the notice of the number of 
Representatives to which the State is entitled in the following 
Congress.

SEC. 4. OPPORTUNITIES FOR PARTICIPATION IN INITIAL DEVELOPMENT OF 
              CONGRESSIONAL REDISTRICTING PLANS.

    During the 60-day period which begins on the date the State 
receives the notice referred to in section 3(d), the State 
redistricting entity shall solicit the input of members of the public 
in its work to develop initial Congressional redistricting plans for 
the State by carrying out the following activities:
            (1) Publishing and posting on the Internet site established 
        under section 3 the criteria which the entity will use to 
        develop the Congressional redistricting plan for the State.
            (2) Holding at least one hearing in the State at which 
        members of the public may provide comments on such criteria and 
        any other issues relating to Congressional redistricting in the 
        State.
            (3) Publishing and posting the transcript of each such 
        hearing, or posting a link to a video recording of each such 
        hearing, on the Internet site not later than 7 days after the 
        conclusion of the hearing.

SEC. 5. OPPORTUNITIES TO RESPOND TO PROPOSED FINAL CONGRESSIONAL 
              REDISTRICTING PLAN ADOPTED BY REDISTRICTING ENTITY.

    (a) Notice of Final Plan.--Not later than 10 days prior to adopting 
a final Congressional redistricting plan for the State, the State 
redistricting entity shall post on the Internet site established under 
section 3 (and, if practicable, cause to have published in newspapers 
of general circulation throughout the State) the following information:
            (1) A detailed version of the proposed final plan, 
        including--
                    (A) a map showing each Congressional district 
                established under the plan;
                    (B) a statement of the voting age population by 
                race and membership in a language minority group of 
                each such district; and
                    (C) a statement of the number of registered voters 
                in each such district, broken down by political party 
                affiliation to the extent that such information is 
                available under State law.
            (2) A statement explaining the entity's reasons for 
        adopting the proposed final plan and the reasons why the 
        adoption of the plan will best serve the public interest.
            (3) Any dissenting statement of any member of the entity 
        who did not approve the proposed final plan.
            (4) A statement that members of the public may submit 
        comments regarding the proposed final plan through the Internet 
        site, together with information on how members of the public 
        may submit such comments to the entity through other methods.
    (b) Public Hearing Prior to Adoption of Final Plan.--Not later than 
7 days prior to adopting the final Congressional redistricting plan for 
the State, the State redistricting entity shall hold at least one 
hearing in the State at which members of the public may provide 
comments on the plan and members of the entity may explain the reasons 
why the adoption of the plan will best serve the public interest. The 
entity shall publish and post the transcript of each such hearing, or 
post a link to a video recording of each such hearing, on the Internet 
site established under section 3.
    (c) Treatment of Amended and New Plans.--If, in response to public 
comment or for any other reason, the State redistricting entity posts 
an amended version of the proposed final Congressional redistricting 
plan which is posted on the Internet site under subsection (a) or posts 
a new proposed final Congressional redistricting plan, subsections (a) 
and (b) shall apply with respect to the amended version of the plan or 
the new plan in the same manner as such subsections apply with respect 
to the proposed final plan which is first posted under subsection (a), 
except to the extent that the application of such subsections would 
require the entity to violate a deadline established by State law for 
the submission of a final Congressional redistricting plan to the State 
legislature.

SEC. 6. NOTICE OF FINAL ADOPTED CONGRESSIONAL REDISTRICTING PLAN.

    Not later than 7 days after the State redistricting entity adopts 
the final Congressional redistricting plan for the State, the entity 
shall post on the Internet site established under section 3 (and, if 
practicable, cause to have published in newspapers of general 
circulation throughout the State) the following information:
            (1) A detailed version of the plan, including--
                    (A) a map showing each Congressional district 
                established under the plan;
                    (B) a statement for each such district of the total 
                population and voting age population by race and 
                membership in a language minority group; and
                    (C) a statement of the number of registered voters 
                in each such district, broken down by political party 
                affiliation to the extent that such information is 
                available under State law.
            (2) To the extent that the State maintains data on the 
        number of registered voters by race and membership in a 
        language minority group, a statement for each such district of 
        the number of registered voters by race and membership in a 
        language minority group.
            (3) A statement explaining the entity's reasons for 
        adopting the plan and the reasons why the adoption of the plan 
        will best serve the public interest.
            (4) Any dissenting statements of any members of the entity 
        who did not approve the plan.

SEC. 7. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply with 
respect to any Congressional redistricting which occurs after the 
regular decennial census conducted during 2010.

SOLUTION:
Redistricting Transparency Act of 2010 - Requires states to carry out congressional redistricting in accordance with a process under which members of the public are informed of redistricting proposals via the Internet and have the opportunity to participate in the development of such proposals prior to their adoption.

Requires each state redistricting entity to establish and maintain a public Internet site meeting specified requirements.

Requires the state redistricting entity to: (1) solicit the input of members of the public in its work to develop initial congressional redistricting plans for the state; and (2) post the proposed final plan on the Internet site 10 days before its adoption, as well as 7 days after its adoption, together with a map, the reasons for adoption, dissenting opinions, and certain other information.