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[DOCID: f:h3605ih.txt]






107th CONGRESS
  1st Session
                                H. R. 3605

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

                           December 20, 2001

  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.

    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) The head of each agency shall, with respect to the 
collection of information and the control of paperwork, in any case of 
a first-time violation by a small-business concern of a requirement 
regarding collection of information by the agency, 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 that 
a first-time violation by a small-business concern of a requirement 
regarding the collection of information 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;
            ``(iii) the previous compliance history of the small-
        business concern, including whether the small-business concern, 
        its owner or owners, or its principal officers have been 
        subject to past enforcement actions; and
            ``(iv) whether the small-business concern has obtained a 
        significant economic benefit from the violation.
    ``(3) In any case in which the head of the agency imposes a civil 
fine on a small-business concern for a first-time violation of a 
requirement regarding collection of information which the agency head 
has determined presents a danger to the public health or safety, 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.
    ``(4) Notwithstanding any other provision of law, no State may 
impose a civil penalty on a small-business concern, in the case of a 
first-time violation by the small-business concern of a requirement 
regarding collection of information under Federal law, in a manner 
inconsistent with the provisions of this subsection.''.
                                 <all>

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