[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 456 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 456
To amend title 44 of the United States Code, to provide for the
suspension of fines under certain circumstances for first-time
paperwork violations by small business concerns.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 12, 2007
Mr. Neugebauer introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committee on Small Business, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 44 of the United States Code, to provide for the
suspension of fines under certain circumstances for first-time
paperwork violations by small business concerns.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Paperwork Relief
Act''.
SEC. 2. SUSPENSION OF FINES FOR FIRST-TIME PAPERWORK VIOLATIONS BY
SMALL BUSINESS CONCERNS.
Section 3506 of title 44, United States Code (commonly referred to
as the ``Paperwork Reduction Act''), is amended by adding at the end
the following:
``(j) Small Businesses.--
``(1) Small business concern.--In this subsection, the term
`small business concern' means a business concern that meets
the requirements of section 3(a) of the Small Business Act (15
U.S.C. 632(a)) and the regulations promulgated under that
section.
``(2) In general.--In the case of a first-time violation by
a small business concern of a requirement regarding the
collection of information by an agency, the head of such agency
shall not impose a civil fine on the small business concern
unless the head of the agency determines that--
``(A) the violation has the potential to cause
serious harm to the public interest;
``(B) failure to impose a civil fine would impede
or interfere with the detection of criminal activity;
``(C) the violation is a violation of an internal
revenue law or a law concerning the assessment or
collection of any tax, debt, revenue, or receipt;
``(D) the violation was not corrected on or before
the date that is 6 months after the date of receipt by
the small business concern of notification of the
violation in writing from the agency; or
``(E) except as provided in paragraph (3), the
violation presents a danger to the public health or
safety.
``(3) Danger to public health or safety.--
``(A) In general.--In any case in which the head of
an agency determines under paragraph (2)(E) that a
violation presents a danger to the public health or
safety, the head of the agency may, notwithstanding
paragraph (2)(E), determine not to impose a civil fine
on the small business concern if the violation is
corrected not later than 24 hours after receipt by the
small business owner of notification of the violation
in writing.
``(B) Considerations.--In determining whether to
provide a small business concern with 24 hours to
correct a violation under subparagraph (A), the head of
the agency shall take into account all of the facts and
circumstances regarding the violation, including--
``(i) the nature and seriousness of the
violation, including whether the violation is
technical or inadvertent or involves willful or
criminal conduct;
``(ii) whether the small business concern
has made a good faith effort to comply with
applicable laws and to remedy the violation
within the shortest practicable period of time;
and
``(iii) whether the small business concern
has obtained a significant economic benefit
from the violation.
``(C) Notice to congress.--In any case in which the
head of the agency imposes a civil fine on a small
business concern for a violation that presents a danger
to the public health or safety and does not provide the
small business concern with 24 hours to correct the
violation under subparagraph (A), the head of the
agency shall notify Congress regarding such
determination not later than the date that is 60 days
after the date that the civil fine is imposed by the
agency.
``(4) Limited to first-time violations.--
``(A) In general.--This subsection shall not apply
to any violation by a small business concern of a
requirement regarding collection of information by an
agency if such small business concern previously
violated any requirement regarding collection of
information by that agency.
``(B) Other agencies.--For purposes of making a
determination under subparagraph (A), the head of an
agency shall not take into account any violation of a
requirement regarding collection of information by
another agency.''.
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