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 ''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. NATIONAL OILHEAT RESEARCH ALLIANCE ACT OF 2000.

(a) Findings.--Section 702 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended by striking ''oilheat'' each place it appears and inserting
''oilheat fuel''.
(b) Definitions.--Section 703 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) by striking ''oilheat'' each place it appears (other
than paragraph (10)) and inserting ''oilheat fuel'';
(2) by striking paragraph (7) and inserting the following:
''(7) Oilheat fuel.--The term 'oilheat fuel' means
distillate liquid that is used as a fuel for nonindustrial
commercial or residential space or hot water heating.'';
(3) in paragraph (8), by striking ''Oilheat'' and inserting
''Oilheat fuel'';
(4) in paragraph (14)--
(A) by striking ''No. 1 distillate or No. 2 dyed
distillate'' each place it appears and inserting
''distillate liquid''; and
(B) in subparagraph (B), by striking ''sells the
distillate'' and inserting ''sells the distillate
liquid'';
(5) by redesignating paragraphs (3) through (13) and (14)
as paragraphs (4) through (14) and (16), respectively, and
moving paragraph (16) (as so redesignated) to appear after
paragraph (15); and
(6) by inserting after paragraph (2) the following:
''(3) Distillate liquid.--The term 'distillate liquid'
means--
''(A) No. 1 distillate;
''(B) No. 2 dyed distillate; or
''(C) a liquid blended with No. 1 distillate or No.
2 dyed distillate.''.
(c) Referenda.--Section 704 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) by striking ''oilheat'' each place it appears and
inserting ''oilheat fuel'';
(2) by striking ''No. 1 distillate and No. 2 dyed
distillate'' each place it appears in subsections (a) and (c)
and inserting ''distillate liquid'';
(3) in subsection (a)--
(A) in paragraph (5)(B), by striking ''Except as
provided in subsection (b), the'' and inserting
''The''; and
(B) in paragraph (6), by striking '', No. 1
distillate, or No. 2 dyed distillate'' and inserting
''or distillate liquid''; and
(4) in subsection (b), by striking ''under'' and inserting
''consistent with''.
(d) Membership.--Section 705 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) by striking ''oilheat'' each place it appears and
inserting ''oilheat fuel'';
(2) in subsection (b)(2), by striking ''No. 1 distillate
and No. 2 dyed distillate'' and inserting ''distillate
liquid''; and
(3) by striking subsection (c) and inserting the following:
''(c) Number of Members.--
''(1) In general.--The membership of the Alliance shall be
as follows:
''(A) 1 member representing each State
participating in the Alliance.
''(B) 5 representatives of retail marketers, of
whom 1 shall be selected by each of the qualified State
associations of the 5 States with the highest volume of
annual oilheat fuel sales.
''(C) 5 additional representatives of retail
marketers.
''(D) 21 representatives of wholesale distributors.
''(E) 6 public members, who shall be
representatives of significant users of oilheat fuel,
the oilheat fuel research community, State energy
officials, or other groups with expertise in oilheat
fuel.
''(2) Full-time owners or employees.--
''(A) In general.--Except as provided in
subparagraph (B), other than the public members of the
Alliance, Alliance members shall be full-time
managerial owners or employees of members of the
oilheat fuel industry.
''(B) Employees.--Members described in
subparagraphs (B), (C), and (D) of paragraph (1) may be
employees of the qualified industry organization or an
industry trade association.''.
(e) Functions.--Section 706 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended by striking ''oilheat'' each place it appears and inserting
''oilheat fuel''.
(f) Assessments.--Section 707 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) by striking ''oilheat'' each place it appears and
inserting ''oilheat fuel'';
(2) by striking subsection (a) and inserting the following:
''(a) Rate.--
''(1) In general.--The assessment rate for calendar years
2008 and 2009 shall be equal to /10\ of 1 cent per gallon of
distillate liquid.
''(2) Subsequent assessments.--Subject to paragraphs (3)
and (4), beginning with calendar year 2010, the annual
assessment rate shall be sufficient to cover the costs of the
plans and programs developed by the Alliance.
''(3) Maximum rate.--The annual assessment rate shall not
exceed /2\ of 1 cent per gallon of distillate liquid.
''(4) Limitations on increase.--
''(A) In general.--The annual assessment shall not
be increased by more than /2\ of 1 cent per gallon in
any 1 year.
''(B) Approval.--No increase in the assessment may
occur unless the increase is approved by /3\ of the
members voting at a regularly scheduled meeting of the
Alliance.
''(C) Notice.--The Alliance shall provide notice of
a change in assessment at least 90 days before the date
on which the change is to take effect.'';
(3) in subsection (b)--
(A) by striking ''No. 1 distillate or No. 2 dyed
distillate'' each place it appears and inserting
''distillate liquid''; and
(B) in paragraphs (2)(B) and (5)(B), by striking
''fuel'' each place it appears and inserting
''distillate liquid''; and
(4) in subsection (c), by striking ''No. 1 distillate and
No. 2 dyed distillate'' and inserting ''Distillate liquid''.
(g) Market Survey and Consumer Protection.--Section 708 of the
National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
Public Law 106-469) is amended by striking ''oilheat'' each place it
appears and inserting ''oilheat fuel''.
(h) Violations.--Section 712(a) of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended--
(1) in paragraph (2), by striking ''oilheat'' and inserting
''oilheat fuel''; and
(2) by striking paragraph (3) and inserting the following:
''(3) a direct reference to a competing product.''.
(i) Repeal of Sunset.--Section 713 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
repealed.

SOLUTION: Amends the National Oilheat Research Alliance Act of 2000 to adjust its focus upon oilheat to a focus upon oilheat fuel.

Defines "oilheat fuel" as distillate liquid used as a fuel for nonindustrial commercial or residential space or hot water heating.

Makes technical and conforming amendments.

Revises the membership of the National Oilheat Research Alliance. Provides that, other than the public members of the Alliance, members shall be full-time managerial owners or employees of members of the oilheat fuel industry.

Revises assessment requirements. States that the assessment rate for calendar years 2008 and 2009 shall be equal to two-tenths of 1% per gallon of distillate liquid (currently, No. 1 distillate and No. 2 dyed distillate).

Declares that, beginning with calendar year 2010, the annual assessment rate shall be sufficient to cover the costs of the plans and programs developed by the Alliance.

Sets forth: (1) a maximum assessment rate; and (2) limitations on any assessment increase.

Prohibits any consumer education activity undertaken with funds derived from Alliance assessments from including a direct reference to a competing product.

Repeals the termination date for the Act (thus making it permanent).

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Putting Drug Free Families First Act
of 2011''.

SEC. 2. DRUG TESTING PROGRAM FOR APPLICANTS FOR AND RECIPIENTS OF
ASSISTANCE UNDER STATE TANF PROGRAMS.

(a) Requirement That Applicants and Individuals Receiving
Assistance Be Tested for Illegal Drug Use.--Section 408(a) of the
Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end
the following:
''(12) Requirement for drug testing; denial of assistance
for individuals found to have used an illegal drug.--
''(A) In general.--A State to which a grant is made
under section 403 may not use any part of the grant to
provide assistance under the State program funded under
this part to an individual unless the individual is
tested for the use of the drugs listed in subparagraph
(B)(i)--
''(i) if the individual has applied for
such assistance and the application has not
been approved, before the receipt of such
assistance; and
''(ii) in any other case, before the end of
the 3-month period that begins on the date of
the enactment of this paragraph.
''(B) Drugs to be included in testing.--
''(i) In general.--In conducting drug
testing pursuant to subparagraph (A), the State
shall test for each of the following:
''(I) Marijuana.
''(II) Cocaine.
''(III) Opiates.
''(IV) Amphetamines.
''(V) Methamphetamine.
''(VI) Phencyclidine.
''(VII) Heroin.
''(VIII) Lysergic acid
diethylamide.
''(IX) 3,4-methylenedioxy
amphetamine.
''(ii) Exception for prescription use of
drugs.--A positive test for a drug listed in
clause (i) shall be disregarded for purposes of
this paragraph if such drug was used pursuant
to a valid prescription or as otherwise
authorized by law.
''(C) Denial of assistance for individuals who test
positive for an illegal drug.--
''(i) In general.--Except as provided in
subparagraph (D), if an individual tests
positive pursuant to subparagraph (A) for the
use of any drug listed in subparagraph (B)(i),
the State may not provide assistance under the
State program funded under this part to such
individual unless--
''(I) a 1-year (or, if the
individual has so tested positive for
the 2nd time, 3-year) period has
elapsed since the results of the test
were determined; and
''(II) the individual tests
negative for the use of each drug
listed in subparagraph (B)(i) at the
end of such period.
''(ii) Permanent ineligibility after third
positive test result.--If an individual tests
positive pursuant to subparagraph (A) for the
third time for the use of any drug listed in
subparagraph (B)(i), the State shall treat such
individual as permanently ineligible for
assistance under the State program funded under
this part.
''(D) Rehabilitation exception after first positive
test result.--In the case of an individual who tests
positive pursuant to subparagraph (A) for the first
time for the use of any drug listed in subparagraph
(B)(i), the period for which assistance may not be
provided to an individual by reason of subparagraph
(C)(i) shall be 180 days if the State determines that
the individual--
''(i) has successfully completed a drug
rehabilitation or treatment program for the
drug for which the individual tested positive;
and
''(ii) tests negative for the use of such
drug at the end of such 180-day period.
''(E) Payment of costs.--The State shall require
each individual who applies for assistance under the
State program funded under this part to pay the portion
of the cost of the drug testing pursuant to
subparagraph (A) that pertains to such individual. If
such individual tests negative for the use of each drug
listed in subparagraph (B)(i) and the State provides
assistance under the State program funded under this
part to the individual, the State shall increase the
first payment of such assistance in an amount equal to
the amount paid by the individual under this
subparagraph for the drug testing.
''(F) Designee for child beneficiary.--In the case
of a parent of a minor child, if such parent tests
positive pursuant to subparagraph (A) for the use of
any drug listed in subparagraph (B)(i), the State shall
designate an individual other than such parent to
receive payments for assistance under the State program
funded under this part on behalf of the minor child.
The State may not so designate an individual unless the
individual has been tested for the use of each drug
listed in subparagraph (B)(i) and did not test
positive.
''(G) Definition of drug rehabilitation or
treatment program.--In this paragraph, the term 'drug
rehabilitation or treatment program' means a program
that--
''(i) has been determined by the State to
provide rehabilitation or treatment for the use
of an illegal drug; and
''(ii) complies with all applicable
Federal, State, and local laws and
regulations.''.
(b) Penalty for Failure To Implement Illegal Drug Use Testing
Program.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a))
is amended by adding at the end the following:
''(16) Penalty for failure to implement illegal drug use
testing program.--If the Secretary determines that a State to
which a grant is made under section 403 in a fiscal year has
violated section 408(a)(12) during the fiscal year, the
Secretary shall reduce the grant payable to the State under
section 403(a)(1) for the immediately succeeding fiscal year by
an amount equal to 10 percent of the State family assistance
grant.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the 1st day of the 1st calendar quarter that begins on or
after the date that is 1 year after the date of the enactment of this
Act.

SOLUTION:
Putting Drug Free Families First Act of 2011 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require states to test applicants for and recipients of assistance under state TANF programs for illegal drug use. Prohibits a state from providing TANF assistance to individuals who test positive for an illegal drug.

Prescribes an administrative penalty for failure to implement illegal drug use testing.