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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.

(a) Short Title.--This Act may be cited as the ''Farm-To-Cafeteria
Projects Act of 2003''.

SEC. 2. GRANTS TO SUPPORT FARM-TO-CAFETERIA PROJECTS.

Section 12 of the Richard B. Russell National School Lunch Act (42
U.S.C.1760) is amended by adding at the end the following:
''(q) Grants to Support Farm-To-Cafeteria Projects.--
''(1) In general.--To improve access to local foods in
schools and institutions receiving funds under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other
than section 17 of that Act (42 U.S.C. 1786)), the Secretary
shall provide competitive grants to nonprofit entities and
educational institutions to establish and carry out farm-to-
cafeteria projects under paragraph 2.
''(2) Project requirements.--Farm-to-cafeteria projects
eligible to receive assistance under this subsection shall be
projects designed to--
''(A) procure local foods from small and medium-
sized farms for the provision of foods for school
meals;
''(B) support nutrition education activities or
curriculum planning that incorporates the participation
of school children in farm and agriculture education
projects; and
''(C) develop a sustained commitment to farm-to-
cafeteria projects in the community by linking schools,
agricultural producers, parents, and other community
stakeholders.
''(3) Technical assistance and related information.--
''(A) Technical assistance.--In carrying out this
subsection, the Secretary may provide technical
assistance regarding farm-to-cafeteria projects,
processes, and development to an entity seeking the
assistance.
''(B) Sharing of information.--The Secretary may
provide for the sharing of information concerning farm-
to-cafeteria projects and issues among and between
government, private for-profit and nonprofit groups,
and the public through publications, conferences, and
other appropriate means.
''(4) Grants.--
''(A) In general.--From amounts made available to
carry out this subsection, the Secretary shall make
grants to assist private non-profit entities and
educational institutions to establish and carry out
farm-to-cafeteria projects.
''(B) Maximum amount.--The maximum amount of a
grant provided to an entity under this subsection shall
be $100,000.
''(C) Matching funds requirements.--
''(i) In general.--The Federal share of the
cost of establishing or carrying out a farm-to-
cafeteria project that receives assistance
under this subsection may not exceed 75 percent
of the cost of the project during the term of
the grant, as determined by the Secretary.
''(ii) Form.--In providing the non-Federal
share of the cost of carrying out a farm-to-
cafeteria project, the grantee shall provide
the share through a payment in cash or in kind,
fairly evaluated, including facilities,
equipment, or services.
''(iii) Source.--An entity may provide the
non-Federal share through State or local
government, or through private sources.
''(D) Administration.--
''(i) Single grant.--A farm-to-cafeteria
project may be supported by only a single grant
under this subsection.
''(ii) Term.--The term of a grant made
under this subsection may not exceed 3 years.
''(5) Evaluation.--Not later than January 30, 2008, the
Secretary shall--
''(A) provide for the evaluation of the projects
funded under this subsection; and
''(B) submit to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate a report on the results of the evaluation.
''(6) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary $10,000,000 for
each of fiscal years 2004 through 2009 to carry out this
subsection, to remain available until expended.''.
Farm-To-Cafeteria Projects Act of 2003 - Amends the Richard B. Russell National School Lunch Act (NSLA) to direct the Secretary of Agriculture to make competitive grants to private nonprofit entities and educational institutions to establish and carry out Farm-to-Cafeteria projects to improve access to local foods in schools and institutions receiving funds under NSLA and the Child Nutrition Act of 1966 (CNA) (except the special supplemental program for women, infants, and children (WIC) which already has a WIC Farmers Market Nutrition program).

Requires such projects to be designed to: (1) procure local foods from small and medium-sized farms to provide foods for school meals; (2) support nutrition education activities or curriculum planning incorporating school children's participation in farm and agriculture education projects; and (3) develop a sustained commitment to farm-to-cafeteria projects in the community by linking schools, agricultural producers, parents, and other community stakeholders.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''International and Parental Child
Abduction Remedies Assistance Act''.

SEC. 2. INVESTIGATIVE ASSISTANCE TO LAW ENFORCEMENT AGENCIES TO LOCATE
ALIEN CHILDREN MISSING IN THE UNITED STATES.

The Attorney General shall make available to State and local law
enforcement agencies, information describing the methods and procedures
available to them to institute or assist an investigative search for an
alien child who is believed to be in the United States and who is the
subject of--
(1) an application under the Hague Convention on the Civil
Aspects of International Parental Child Abduction, or
(2) an Interpol yellow notice.

SEC. 3. STATE REQUIREMENTS.

Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is
amended--
(1) in paragraph (2) by striking ''and'' at the end, and
(2) in paragraph (3)--
(A) in subparagraph (B) by striking ''and'' at the
end,
(B) in subparagraph (C) by striking the period at
the end and inserting ''; and'', and
(C) by inserting after subparagraph (C) the
following:
''(D) a statement specifying whether the child is
believed to have been taken outside of the United
States;''.

SEC. 4. AMENDMENTS TO INTERNATIONAL CHILD ABDUCTION REMEDIES ACT.

(a) Legal Assistance, Technical Assistance, and Training.--Section
7 of the International Child Abduction Remedies Act (42 U.S.C. 11606)
is amended by adding at the end the following new subsections:
''(g) Legal Assistance for Victims of Parental Kidnapping Grants.--
''(1) Funding to legal services providers.--The United
States Central Authority shall establish a program to provide
funding to legal services providers, including private
attorneys, public officials acting pursuant to the Uniform
Child Custody Jurisdiction and Enforcement Act, legal aid
programs, and law school clinical programs, to provide direct
legal or advocacy services on behalf of persons seeking
remedies under the Convention, or other civil or criminal
remedies in interstate or international parental kidnapping
cases.
''(2) Training and technical assistance.--The United States
Central Authority, directly or through grants, shall provide
training and technical assistance to recipients of funds under
paragraph (1) to improve their capacity to offer legal
assistance described in paragraph (1).
''(h) Technical Assistance.--The United States Central Authority
shall encourage the Chief Justice of every State and the District of
Columbia to designate a single court, or a limited number of courts, in
which cases brought under the Convention may be heard. The United
States Central Authority may provide technical assistance (including
computers and Internet access) as necessary to foster consolidation of
jurisdiction and implementation of the Convention, consistent with the
purposes of the Convention.
''(i) Training.--The United States Central Authority shall provide
or promote training of State court judges, lawyers, and law students on
the civil and criminal laws pertaining to interstate and international
parental kidnapping. To carry out this subsection, the United States
Central Authority may make available funds under subsection (e) to
State judicial educators, national, State, and local bar associations,
and law schools. The United States Central Authority shall require
recipients of such funds to report on the training programs they
present, including the number of participants.''.
(b) Legal Services Corporation.--The Legal Services Corporation may
use funds made available to the Corporation for programs to represent
aliens in proceedings brought in the United States under the
Convention--
(1) if the individuals to whom the representation is
provided otherwise meet the criteria of the Corporation for
eligible clients under the Legal Services Corporation Act; and
(2) whether or not such individuals are resident in the
United States.
(c) Court Costs.--Section 8(b) of the International Child Abduction
Remedies Act (42 U.S.C. 11607(b)) is amended to read as follows:
''(b) Costs Incurred in Civil Actions.--
''(1) Payment of court costs by central
authority.--The Central Authority shall establish a
program under which it provides, directly to the court
or to petitioners and respondents, the funds necessary
to pay the court costs of petitioners and respondents
in actions brought under section 4, including court
fees and the cost of translation services, expert
witness testimony, and transcription services.
''(2) Costs of legal counsel and travel.--
Petitioners may be required to bear the costs of legal
counsel or advisors and travel costs for the return of
the child involved and any accompanying persons, except
as provided in paragraphs (3) and (4).
''(3) Payments from other sources.--Subject to
paragraph (4), legal fees incurred in connection with
an action brought under section 4 shall be borne by the
petitioner unless they are covered by payments from
Federal, State, or local legal assistance or other
programs.
''(4) Costs borne by petitioner.--Any court
ordering the return of a child pursuant to an action
brought under section 4 shall order the respondent to
pay necessary expenses incurred by or on behalf of the
petitioner (other than court costs for which the
Central Authority pays under paragraph (1)), including
legal fees, foster home or other care during the course
of proceedings in the action, and transportation costs
related to the return of the child, unless the
respondent establishes that such order would be clearly
inappropriate.''.
(d) Federal Judicial Center.--Section 620 of title 28, United
States Code, is amended by adding at the end the following:
''(c) Continuing Education and Training Programs.--The Center shall
include in its continuing education and training programs under
subsection (b)(3), including the training programs for newly appointed
judges, information on the Hague Convention on the Civil Aspects of
International Child Abduction, the International Child Abduction
Remedies Act, the International Parental Kidnapping Crime Act of 1993,
and other Federal statutes pertaining to parental kidnapping within the
jurisdiction of the Federal courts, and shall prepare materials
necessary to carry out this subsection.''.

SEC. 5. ADDITIONAL FUNDS FOR THE INVESTIGATION AND PROSECUTION OF
PARENTAL KIDNAPPING.

In addition to funds otherwise authorized to be appropriated for
the activities described in this section, there are authorized to be
appropriated to the Child Exploitation and Obscenity Section of the
Department of Justice for each of the fiscal years 2009 through 2012
such sums as may be necessary for the investigation and prosecution of
violations of section 1204 of title 18, United States Code.

SEC. 6. GRANTS FOR TRAVEL COSTS ASSOCIATED WITH THE SAFE RETURN OF
ABDUCTED CHILDREN.

(a) Program Authorized.--The Director of the Office of Victims of
Crime of the Department of Justice shall, subject to the availability
of appropriations, establish a Victim Travel in International
Reunification Cases program to award grants to the National Center for
Missing & Exploited Children to reimburse parents, guardians, law
enforcement, and other individuals, as appropriate, for travel costs
related to the safe return of children from the United States who have
been abducted and taken to foreign countries.
(b) Use of Grant Funds.--Travel costs under subsection (a) that are
reimbursed using funds under this section may include airfare and daily
subsistence costs, including lodging, meals, and ground transportation.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000 for each of the fiscal
years 2009 through 2012.
International and Parental Child Abduction Remedies Assistance Act - Directs the Attorney General to provide state and local law enforcement agencies information on instituting or assisting investigative searches for alien children believed to be in the United States who are the subject of an application under the Hague Convention on the Civil Aspects of International Parental Child Abduction (Convention) or an Interpol yellow notice.

Amends the Crime Control Act of 1990 to require missing child reports to include a statement specifying whether a missing child is believed to have been taken outside of the United States.

Amends the International Child Abduction Remedies Act to: (1) provide funding, technical assistance, and training to legal providers to assist victims of parental kidnappings; and (2) allow payment of costs incurred in civil actions to return abducted children.

Authorizes the Legal Services Corporation to use its funding to represent aliens in child abduction proceedings brought in the United States under the Convention.

Amends the federal judicial code to require the Federal Judicial Center to provide training programs for newly appointed judges on laws pertaining to parental kidnapping.

Authorizes additional funding for the investigation and prosecution of international parental kidnapping crimes.

Directs the Director of the Department of Justice Office of Victims of Crime to award grants to reimburse parents, guardians, law enforcement, and other appropriate individuals for travel costs related to the safe return of U.S. children who have been abducted and taken to foreign countries.