I 111th CONGRESS 1st Session H. R. 535 IN THE HOUSE OF REPRESENTATIVES January 14, 2009 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.

1.

Short title

This Act may be cited as the Working Small Business Regulatory Relief Act.

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)failure to impose a civil fine would impede or interfere with the detection of criminal activity; (B)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; (C)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 (D)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)(D) that a violation presents a danger to the public health or safety, the head of the agency may, notwithstanding paragraph (2)(D), 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. .