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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.
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.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Ratepayer Fairness Act of 2015''.

SEC. 2. CROSS-SUBSIDIZATION OF CUSTOMER-SIDE TECHNOLOGY.

(a) Consideration of Impact From Cross-Subsidization of Customer-
Side Technology.--Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the
end the following:
''(20) Consideration of impact from cross-subsidization of
customer-side technology.--
''(A) Definition of customer-side technology.--In
this paragraph, the term 'customer-side technology'
means a device connected to the electricity
distribution system--
''(i) at, or on the customer side of, the
meter; or
''(ii) that, if owned or operated by, or on
behalf of, an electric utility, would otherwise
be at, or on the customer side of, the meter.
''(B) Consideration.--Each State regulatory
authority (with respect to each electric utility for
which it has ratemaking authority) and each
nonregulated electric utility shall consider, to the
extent a State regulatory authority or nonregulated
electric utility allows rates charged by any electric
utility to include any cost, fee, or charge that
directly or indirectly subsidizes the deployment,
construction, maintenance, or operation of customer-
side technology, whether subsidizing the deployment,
construction, maintenance, or operation of a customer-
side technology would--
''(i) result in benefits predominately
enjoyed by only the users of the customer-side
technology;
''(ii) shift costs of a customer-side
technology to electricity consumers that do not
use the customer-side technology, particularly
in cases in which disparate economic or
resource conditions exist among the electricity
consumers cross-subsidizing the customer-side
technology;
''(iii) negatively affect resource
utilization, fuel diversity, grid reliability,
or grid security;
''(iv) provide any unfair competitive
advantage to market the customer-side
technology, including an analysis of whether
the State regulatory authority or other State
authority has uncovered any fraudulent
customer-side technology marketing practices
within the State; and
''(v) be necessary to fulfill an obligation
to serve electric consumers.
''(C) Public notice.--At least 90 days before the
date on which a State regulatory authority or
nonregulated electric utility holds a proceeding that
would consider the cross-subsidization of a customer-
side technology, the State regulatory authority or
nonregulated electric utility shall make available to
the public the results of the evaluation conducted
under subparagraph (B).''.
(b) Compliance.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
by adding at the end the following:
''(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which it has ratemaking
authority), and each nonregulated electric utility shall, with
respect to the standard established by paragraph (20) of
section 111(d)--
''(i) commence the consideration referred to in
section 111; or
''(ii) set a hearing date for the consideration.
''(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which it has ratemaking
authority), and each nonregulated electric utility, shall--
''(i) complete the consideration required under
subparagraph (A); and
''(ii) make the determination referred to in
section 111 with respect to the standard established by
paragraph (20) of section 111(d).''.
(2) Failure to comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is
amended by adding at the end the following: ''In the case of
the standard established by paragraph (20) of section 111(d),
the reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference to the
date of enactment of that paragraph.''.
Ratepayer Fairness Act of 2015 This bill amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to require a state regulatory authority and a nonregulated electric utility (entities), to the extent that they allow electric utility rates to include charges that subsidize customer-side technology, to consider whether that subsidy would: result in benefits predominately enjoyed by only the users of the customer-side technology; shift costs of a customer-side technology to electricity consumers that do not use it, particularly in cases in which disparate economic or resource conditions exist among the electricity consumers cross-subsidizing the customer-side technology; negatively affect resource utilization, fuel diversity, grid reliability, or grid security; give any unfair competitive advantage to market the customer-side technology, including an analysis of whether a state regulatory authority has uncovered fraudulent customer-side technology marketing practices; and be necessary to fulfill an obligation to serve electric consumers. The bill sets deadlines within which the entities must set a hearing date to consider and subsequently determine the subsidization of customer-side technology.

SECTION 1. VOLUNTARY LIMITS ON CAMPAIGN ADVERTISING.

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

''SEC. 324. VOLUNTARY ADVERTISING LIMITS AND BENEFITS FOR ELIGIBLE
CONGRESSIONAL CANDIDATES.

''(a) Definitions.--In this section--
''(1) Campaign advertising.--The term 'campaign
advertising' means a disbursement for any communication through
any broadcasting station.
''(2) Eligible congressional candidate.--The term 'eligible
congressional candidate' means a candidate for nomination to,
or election to, the Senate or the House of Representatives that
the Commission has certified under subsection (d) as an
eligible candidate for a primary or general election.
''(3) General election period.--The term 'general election
period' means the time period beginning on the date that is 60
days before the date of the general election for the office to
which the candidate is seeking election and ending on the date
of the general election.
''(4) Primary election period.--The term 'primary election
period' means the time period beginning on the date that is 30
days before the date of the primary election for the office to
which the candidate is seeking election and ending on the date
of the primary election.
''(b) Requirements.--
''(1) In general.--A candidate for election, or nomination
for election, to the Senate or House of Representatives is an
eligible candidate--
''(A) for purposes of a primary election, if the
Commission certifies that the candidate has met the
primary election filing requirement of paragraph (2);
and
''(B) for purposes of a general election, if the
Commission certifies that the candidate has met the
general election filing requirement of paragraph (3).
''(2) Primary election filing requirement.--
''(A) In general.--The requirement of this
paragraph is met if the candidate files with the
Commission a declaration that--
''(i) the candidate and the candidate's
authorized committees will not participate in
campaign advertising except during the primary
election period; and
''(ii) at least 1 other candidate has
qualified for the same primary election ballot
under the law of the candidate's State.
''(B) Deadline for filing primary election
declaration.--The declaration under subparagraph (A)
shall be filed not later than the date on which the
candidate files, with the appropriate State officer, as
a candidate for the primary election.
''(3) General election filing requirement.--
''(A) In general.--The requirement of this
paragraph is met if the candidate files with the
Commission a declaration that the candidate and the
candidate's authorized committees will not participate
in campaign advertising except during the general
election period.
''(B) Deadline for filing general election
declaration.--The declaration under subparagraph (A)
shall be filed not later than 7 days after the earlier
of--
''(i) the date on which the candidate
qualifies for the general election ballot under
State law; or
''(ii) if under State law, a primary or
runoff election to qualify for the general
election ballot occurs after September 1, the
date on which the candidate wins the primary or
runoff election.
''(c) Benefits for Eligible Congressional Candidates.--
''(1) In general.--If an eligible congressional candidate
has an opponent who has qualified for the ballot, the candidate
shall be entitled to the broadcast media rates provided under
section 315(b)(2) of the Communications Act of 1934.
''(2) Use of benefit.--An eligible congressional candidate
that uses the broadcast media rates under paragraph (1) for
broadcast time shall use the time for a communication that is
not less than 60 seconds in length.
''(d) Certification.--
''(1) In general.--The Commission shall determine whether a
candidate has met the requirements of this section and, based
on the determination, issue a certification stating whether the
candidate is an eligible candidate for the applicable election
entitled to receive benefits under this section.
''(2) Certification.--
''(A) Primary election.--Not later than 7 business
days after a candidate files a declaration under
subsection (b)(2), the Commission shall determine
whether the candidate meets the eligibility
requirements of such subsection and, if so, certify
that the candidate is an eligible candidate for the
primary election entitled to receive benefits under this section.
''(B) General election.--Not later than 7 business
days after a candidate files a declaration under
subsection (b)(3), the Commission shall determine
whether the candidate meets the eligibility requirement
of such subsection and, if so, certify that the
candidate is an eligible candidate for the general
election entitled to receive benefits under this title.
''(e) Revocation of Certification.--
''(1) In general.--The Commission shall revoke a
certification under subsection (d), based on information
submitted in such form and manner as the Commission may require
or on information that comes to the Commission by other means,
if the Commission determines that a candidate--
''(A) violates any requirement of this section; or
''(B) fails to continue to meet the requirements of
this section.
''(2) No further benefits.--A candidate whose certification
has been revoked shall be ineligible for any further benefits
made available under this section for the duration of the
election cycle.
''(f) Determinations by Commission.--A determination (including a
certification under subsection (d)) made by the Commission under this
title shall be final, except to the extent that the determination is
subject to judicial review.
''(g) Penalty for Misuse of Benefits.--If the Commission revokes
the certification of an eligible congressional candidate, the
Commission shall so notify the candidate, and the candidate shall pay
to the provider of any benefit received by the candidate under this
section an amount equal to the difference between the amount the
candidate paid for such benefit and the amount the candidate would have
paid for the benefit if the candidate were not an eligible
congressional candidate.''.

SEC. 2. BROADCAST RATES AND PREEMPTION.

(a) Broadcast Rates.--Section 315(b) of the Communications Act of
1934 (47 U.S.C. 315(b)) is amended--
(1) by striking ''(b) The charges'' and inserting the
following:
''(b) Broadcast Media Rates.--
''(1) In general.--The charges'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margins accordingly;
(3) in paragraph (1)(A) (as redesignated by paragraph
(2))--
(A) by striking ''forty-five'' and inserting
''30''; and
(B) by striking ''lowest unit charge of the station
for the same class and amount of time for the same
period'' and inserting ''lowest charge of the station
for the same amount of time for the same period on the
same date''; and
(4) by adding at the end the following:
''(2) Eligible congressional candidates.--
''(A) Eligible congressional candidates.--In the
case of an eligible congressional candidate (as defined
in section 324 of the Federal Election Campaign Act of
1971) the charges for the use of a television
broadcasting station during the 30-day period and 60-
day period referred to in paragraph (1)(A) shall not
exceed 50 percent of the lowest charge described in
paragraph (1)(A).
''(B) Noneligible congressional candidates.--In the
case of a candidate for Federal office who is not an
eligible congressional candidate (as so defined),
paragraph (1)(A) shall not apply.''.
(b) Preemption; Access.--Section 315 of the Communications Act of
1934 (47 U.S.C. 315) is amended--
(1) by redesignating subsections (c) and (d), as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
''(c) Preemption.--
''(1) In general.--Except as provided in paragraph (2), a
licensee shall not preempt the use, during any period specified
in subsection (b)(1)(A), of a broadcasting station by an
eligible congressional candidate (as defined in section 324 of
the Federal Election Campaign Act of 1971) that has purchased
and paid for such use pursuant to subsection (b)(2).
''(2) Circumstances beyond control of licensee.--If a
program to be broadcast by a broadcasting station is preempted
because of circumstances beyond the control of the broadcasting
station, any candidate advertising spot scheduled to be
broadcast during that program may also be preempted.''.
(c) Revocation of License for Failure To Permit Access.--Section
312(a)(7) of the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is
amended--
(1) by striking ''or repeated'';
(2) by inserting ''or cable system'' after ''broadcasting
station''; and
(3) by striking ''his candidacy'' and inserting ''the
candidacy of the candidate, under the same terms, conditions,
and business practices as apply to the most favored advertiser
of the licensee''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is 60 days after the date of enactment of this
Act.
Amends the Federal Election Campaign Act of 1971 to define an "eligible congressional candidate" as a candidate to the Senate or the House of Representatives who makes specified declarations to the Federal Election Commission (FEC) that: (1) such candidate and the candidate's authorized committees will not participate in campaign advertising except during the primary or general election period (30 and 60 days before each such election, respectively); and (2) at least one other candidate has qualified for the same primary election ballot under the law of the candidate's State.
Entitles eligible congressional candidates with opponents who have qualified for the ballot to reduced broadcast media rates. Requires candidates so entitled to use the time for communications at least 60 seconds in length.
Sets forth FEC certification requirements with respect to declarations. Makes candidates whose certifications have been revoked ineligible for further benefits for the duration of the election cycle. Requires candidates with revoked certifications to reimburse benefit providers for any difference in rates.
Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently, 45) days before a primary at the lowest charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Limits charges for broadcast time during such period (and the 60-day period preceding a general or special election) for eligible congressional candidates to 50 percent of the lowest charge.
Prohibits broadcasters from preempting advertisements by eligible congressional candidates during such periods, unless the preemption is beyond the broadcaster's control.
Authorizes the Federal Communications Commission to revoke a station license or construction permit for willful (currently, willful or repeated) failure to allow reasonable access to, or permit purchase of time for, the use of a broadcasting station or cable system by a legally qualified candidate under the same terms as apply to the most favored advertiser of the licensee.