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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 ''Fair Treatment for Experienced
Pilots Act''.
SEC. 2. AGE STANDARDS FOR PILOTS.
(a) In General.--Chapter 447 of title 49, United States Code, is
amended by adding at the end the following:
''Sec. 44729. Age standards for pilots
''(a) In General.--Subject to the limitation in subsection (c), a
pilot may serve in multicrew covered operations until attaining 65
years of age.
''(b) Covered Operations Defined.--In this section, the term
'covered operations' means operations under part 121 of title 14, Code
of Federal Regulations.
''(c) Limitation for International Flights.--
''(1) Applicability of icao standard.--A pilot who has attained
60 years of age may serve as pilot-in-command in covered operations
between the United States and another country only if there is
another pilot in the flight deck crew who has not yet attained 60
years of age.
''(2) Sunset of limitation.--Paragraph (1) shall cease to be
effective on such date as the Convention on International Civil
Aviation provides that a pilot who has attained 60 years of age may
serve as pilot-in-command in international commercial operations
without regard to whether there is another pilot in the flight deck
crew who has not attained age 60.
''(d) Sunset of Age 60 Retirement Rule.--On and after the date of
enactment of this section, section 121.383(c) of title 14, Code of
Federal Regulations, shall cease to be effective.
''(e) Applicability.--
''(1) Nonretroactivity.--No person who has attained 60 years of
age before the date of enactment of this section may serve as a
pilot for an air carrier engaged in covered operations unless--
''(A) such person is in the employment of that air carrier
in such operations on such date of enactment as a required
flight deck crew member; or
''(B) such person is newly hired by an air carrier as a
pilot on or after such date of enactment without credit for
prior seniority or prior longevity for benefits or other terms
related to length of service prior to the date of rehire under
any labor agreement or employment policies of the air carrier.
''(2) Protection for compliance.--An action taken in
conformance with this section, taken in conformance with a
regulation issued to carry out this section, or taken prior to the
date of enactment of this section in conformance with section
121.383(c) of title 14, Code of Federal Regulations (as in effect
before such date of enactment), may not serve as a basis for
liability or relief in a proceeding, brought under any employment
law or regulation, before any court or agency of the United States
or of any State or locality.
''(f) Amendments to Labor Agreements and Benefit Plans.--Any
amendment to a labor agreement or benefit plan of an air carrier that
is required to conform with the requirements of this section or a
regulation issued to carry out this section, and is applicable to
pilots represented for collective bargaining, shall be made by
agreement of the air carrier and the designated bargaining
representative of the pilots of the air carrier.
''(g) Medical Standards and Records.--
''(1) Medical examinations and standards.--Except as provided
by paragraph (2), a person serving as a pilot for an air carrier
engaged in covered operations shall not be subject to different
medical standards, or different, greater, or more frequent medical
examinations, on account of age unless the Secretary determines
(based on data received or studies published after the date of
enactment of this section) that different medical standards, or
different, greater, or more frequent medical examinations, are
needed to ensure an adequate level of safety in flight.
''(2) Duration of first-class medical certificate.--No person
who has attained 60 years of age may serve as a pilot of an air
carrier engaged in covered operations unless the person has a
first-class medical certificate. Such a certificate shall expire on
the last day of the 6-month period following the date of
examination shown on the certificate.
''(h) Safety.--
''(1) Training.--Each air carrier engaged in covered operations
shall continue to use pilot training and qualification programs
approved by the Federal Aviation Administration, with specific
emphasis on initial and recurrent training and qualification of
pilots who have attained 60 years of age, to ensure continued
acceptable levels of pilot skill and judgment.
''(2) Line evaluations.--Not later than 6 months after the date
of enactment of this section, and every 6 months thereafter, an air
carrier engaged in covered operations shall evaluate the
performance of each pilot of the air carrier who has attained 60
years of age through a line check of such pilot. Notwithstanding
the preceding sentence, an air carrier shall not be required to
conduct for a 6-month period a line check under this paragraph of a
pilot serving as second-in-command if the pilot has undergone a
regularly scheduled simulator evaluation during that period.
''(3) GAO report.--Not later than 24 months after the date of
enactment of this section, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report concerning the effect, if
any, on aviation safety of the modification to pilot age standards
made by subsection (a).''.
(b) Clerical Amendment.--The analysis for chapter 447 of title 49,
United States Code, is amended by adding at the end the following:

''44729. Age standards for pilots.''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
Fair Treatment for Experienced Pilots Act - Amends federal transportation law to allow a pilot who has attained 60 years of age to serve as a passenger airline pilot until the age of 65, provided that a pilot who has attained age 60 may serve as pilot-in-command on international flights only if there is another pilot in the flight crew who has not yet attained 60 years of age.

Prohibits subjecting pilots to different medical examinations and standards on account of age unless to ensure an adequate level of safety in flight, except that no person who has attained 60 years of age may serve as a pilot unless such person has a first-class medical certificate.

Requires air carriers to: (1) continue to provide FAA-approved training to pilots, with specific emphasis on initial and recurring training and qualification of pilots who have attained 60 years of age; and (2) evaluate, every six months, the performance of pilots who have attained 60 years of age through a line check of such pilot.

Requires the Comptroller General to report to Congress on the effect of the modification of pilot age requirements, if any, on aviation safety.

SECTION 1. TAX CREDIT FOR MARGINAL DOMESTIC OIL AND NATURAL GAS WELL
PRODUCTION.

(a) Credit for Producing Oil and Gas From Marginal Wells.--Subpart
D of part IV of subchapter A of chapter 1 of the Internal Revenue Code
of 1986 (relating to business credits) is amended by adding at the end
the following new section:

''SEC. 45D. CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS.

''(a) General Rule.--For purposes of section 38, the marginal well
production credit for any taxable year is an amount equal to the
product of--
''(1) the credit amount, and
''(2) the qualified crude oil production and the qualified
natural gas production which is attributable to the taxpayer.
''(b) Credit Amount.--For purposes of this section--
''(1) In general.--The credit amount is--
''(A) $3 per barrel of qualified crude oil
production, and
''(B) 50 cents per 1,000 cubic feet of qualified
natural gas production.
''(2) Reduction as oil and gas prices increase.--
''(A) In general.--The $3 and 50 cents amounts
under paragraph (1) shall each be reduced (but not
below zero) by an amount which bears the same ratio to
such amount (determined without regard to this
paragraph) as--
''(i) the excess (if any) of the applicable
reference price over $14 ($1.40 for qualified
natural gas production), bears to
''(ii) $4 ($0.40 for qualified natural gas
production).
The applicable reference price for a taxable year is
the reference price for the calendar year preceding the
calendar year in which the taxable year begins.
''(B) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 1999,
each of the dollar amounts contained in subparagraph
(A) shall be increased to an amount equal to such
dollar amount multiplied by the inflation adjustment
factor for such calendar year (determined under section
43(b)(3)(B) by substituting '1998' for '1990').
''(C) Reference price.--For purposes of this
paragraph, the term 'reference price' means, with
respect to any calendar year--
''(i) in the case of qualified crude oil
production, the reference price determined
under section 29(d)(2)(C), and
''(ii) in the case of qualified natural gas
production, the Secretary's estimate of the
annual average wellhead price per 1,000 cubic
feet for all domestic natural gas.
''(c) Qualified Crude Oil and Natural Gas Production.--For purposes
of this section--
''(1) In general.--The terms 'qualified crude oil
production' and 'qualified natural gas production' mean
domestic crude oil or natural gas which is produced from a
marginal well.
''(2) Limitation on amount of production which may
qualify.--
''(A) In general.--Crude oil or natural gas
produced during any taxable year from any well shall
not be treated as qualified crude oil production or
qualified natural gas production to the extent
production from the well during the taxable year
exceeds 1,095 barrels or barrel equivalents.
''(B) Proportionate reductions.--
''(i) Short taxable years.--In the case of
a short taxable year, the limitations under
this paragraph shall be proportionately reduced
to reflect the ratio which the number of days
in such taxable year bears to 365.
''(ii) Wells not in production entire
year.--In the case of a well which is not
capable of production during each day of a
taxable year, the limitations under this
paragraph applicable to the well shall be
proportionately reduced to reflect the ratio
which the number of days of production bears to
the total number of days in the taxable year.
''(3) Definitions.--
''(A) Marginal well.--The term 'marginal well'
means a domestic well which during the taxable year has
marginal production (as defined in section 613A(c)(6)).
''(B) Crude oil, etc.--The terms 'crude oil',
'natural gas', 'domestic', and 'barrel' have the
meanings given such terms by section 613A(e).
''(C) Barrel equivalent.--The term 'barrel
equivalent' means, with respect to natural gas, a
conversion ratio of 6,000 cubic feet of natural gas to
1 barrel of crude oil.
''(d) Other Rules.--
''(1) Production attributable to the taxpayer.--In the case
of a marginal well in which there is more than one owner of
operating interests in the well and the crude oil or natural
gas production exceeds the limitation under subsection (c)(2),
qualifying crude oil production or qualifying natural gas
production attributable to the taxpayer shall be determined on
the basis of the ratio which taxpayer's revenue interest in the
production bears to the aggregate of the revenue interests of
all operating interest owners in the production.
''(2) Operating interest required.--Any credit under this
section may be claimed only on production which is attributable
to the holder of an operating interest.
''(3) Production from nonconventional sources excluded.--In
the case of production from a marginal well which is eligible
for the credit allowed under section 29 for the taxable year,
no credit shall be allowable under this section unless the
taxpayer elects not to claim the credit under section 29 with
respect to the well.''.
(b) Credit Treated as Business Credit.--Section 38(b) of such Code
is amended by striking ''plus'' at the end of paragraph (11), by
striking the period at the end of paragraph (12) and inserting '',
plus'', and by adding at the end the following new paragraph:
''(13) the marginal oil and gas well production credit
determined under section 45D(a).''.
(c) Credit Allowed Against Regular and Minimum Tax.--
(1) In general.--Subsection (c) of section 38 of such Code
(relating to limitation based on amount of tax) is amended by
redesignating paragraph (3) as paragraph (4) and by inserting
after paragraph (2) the following new paragraph:
''(3) Special rules for marginal oil and gas well
production credit.--
''(A) In general.--In the case of the marginal oil
and gas well production credit--
''(i) this section and section 39 shall be
applied separately with respect to the credit,
and
''(ii) in applying paragraph (1) to the
credit--
''(I) subparagraphs (A) and (B)
thereof shall not apply, and
''(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the marginal
oil and gas well production credit).
''(B) Marginal oil and gas well production
credit.--For purposes of this subsection, the term
'marginal oil and gas well production credit' means the
credit allowable under subsection (a) by reason of
section 45D(a).''.
(2) Conforming amendment.--Subclause (II) of section
38(c)(2)(A)(ii) of such Code is amended by inserting ''or the
marginal oil and gas well production credit'' after
''employment credit''.
(d) Carryback.--Subsection (a) of section 39 of such Code (relating
to carryback and carryforward of unused credits generally) is amended
by adding at the end the following new paragraph:
''(3) 10-year carryback for marginal oil and gas well
production credit.--In the case of the marginal oil and gas
well production credit--
''(A) this section shall be applied separately from
the business credit (other than the marginal oil and
gas well production credit),
''(B) paragraph (1) shall be applied by
substituting '10 taxable years' for '1 taxable years'
in subparagraph (A) thereof, and
''(C) paragraph (2) shall be applied--
''(i) by substituting '31 taxable years'
for '22 taxable years' in subparagraph (A)
thereof, and
''(ii) by substituting '30 taxable years'
for '21 taxable years'.''.
(e) Coordination With Section 29.--Section 29(a) of such Code is
amended by striking ''There'' and inserting ''At the election of the
taxpayer, there''.
(f) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following item:

''45D. Credit for producing oil and gas from marginal wells.''.
(g) Effective Date.--The amendments made by this section shall
apply to production after the date of the enactment of this Act.
Amends the Internal Revenue Code to allow a business tax credit for producing crude oil and natural gas from marginal wells of: (1) $3 per barrel of qualified crude oil production; and (2) $.50 per 1,000 cubic feet of qualified natural gas production. Provides: (1) a formula for reducing such credit in years in which oil and gas prices increase; and (2) an inflation adjustment for such formula. Allows such credit against the regular and minimum tax.