[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1867 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1867

To amend title 44, 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

                             April 29, 2003

  Mr. Vitter introduced the following bill; which was referred to the 
  Committee on 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, 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 Amnesty 
Act''.

SEC. 2. SUSPENSION OF FINES FOR FIRST-TIME PAPERWORK VIOLATIONS BY 
              SMALL BUSINESS CONCERNS.

    Section 3506 of chapter 35 of title 44, United States Code 
(commonly referred to as the ``Paperwork Reduction Act'') is amended by 
adding at the end the following new subsection:
    ``(i)(1) In the case of a first-time violation by a small business 
concern of a requirement regarding collection of information by an 
agency, the head of such agency shall provide that no civil fine shall 
be imposed on the small business concern unless, based on the 
particular facts and circumstances regarding the violation--
            ``(A) the head of the agency determines that the violation 
        has the potential to cause serious harm to the public interest;
            ``(B) the head of the agency determines that 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 is not corrected on or before the date 
        that is six 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 (2), the head of the 
        agency determines that the violation presents a danger to the 
        public health or safety.
    ``(2)(A) In any case in which the head of an agency determines 
under paragraph (1)(E) that a violation presents a danger to the public 
health or safety, the head of the agency may, notwithstanding paragraph 
(1)(E), determine that a civil fine should not be imposed on the small 
business concern if the violation is corrected within 24 hours of 
receipt of notice in writing by the small business concern of the 
violation.
    ``(B) 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) In any case in which the head of the agency imposes a civil 
fine on a small business concern for a violation with respect to which 
this paragraph applies and does not provide the small business concern 
with 24 hours to correct the violation, the head of the agency shall 
notify Congress regarding such determination not later than 60 days 
after the date that the civil fine is imposed by the agency.
    ``(3) With respect to any agency, this subsection shall not apply 
to any violation by a small business concern of a requirement regarding 
collection of information by such agency if such small business concern 
previously violated any requirement regarding collection of information 
by such agency.
    ``(4) In determining if a violation is a first-time violation for 
purposes of this subsection, the head of an agency shall not take into 
account any violation of a requirement regarding collection of 
information by another agency.
    ``(5) For purposes of 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 pursuant to such section.''.
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