H.R.6224 - Providing Assistance with the Paperwork from Excessive Regulations Act of 2012
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 entities, and for other purposes.
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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 entities, and for other purposes.CommentsClose CommentsPermalink
Mr. AUSTIN SCOTT of Georgia 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 concernedCommentsClose CommentsPermalink
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 entities, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Providing Assistance with the Paperwork from Excessive Regulations Act of 2012’.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
‘(1) SMALL BUSINESS CONCERN- In this subsection, the term ‘small business concern’ given that term under section 3 of the Small Business Act (15 U.S.C. 632).CommentsClose CommentsPermalink
‘(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 the agency shall not impose a civil fine on the small business concern unless the head of the agency determines that--CommentsClose CommentsPermalink
‘(B) failure to impose a civil fine would impede or interfere with the detection of criminal activity;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(D) the violation was not corrected on or before the date that is 6 months after the date on which the small business concern receives notification of the violation in writing from the agency; orCommentsClose CommentsPermalink
‘(E) except as provided in paragraph (3), the violation presents a danger to the public health or safety.CommentsClose CommentsPermalink
‘(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 5 business days after receipt by the owner of the small business concern of notification of the violation in writing.CommentsClose CommentsPermalink
‘(B) CONSIDERATIONS- In determining whether to allow a small business concern 5 business days to correct a violation under subparagraph (A), the head of an agency shall take into account all of the facts and circumstances regarding the violation, including--CommentsClose CommentsPermalink
‘(i) the nature and seriousness of the violation, including whether the violation is technical or inadvertent or involves willful or criminal conduct;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(iii) whether the small business concern has obtained a significant economic benefit from the violation.CommentsClose CommentsPermalink
‘(C) NOTICE TO CONGRESS- In any case in which the head of an 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 allow the small business concern 5 business days to correct the violation under subparagraph (A), the head of the agency shall notify Congress regarding the determination not later than 60 days after the date on which the civil fine is imposed by the agency.CommentsClose CommentsPermalink
‘(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 the small business concern previously violated any requirement regarding collection of information by the agency.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
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U.S. Congress - Text of H.R.6224 as Introduced in House Providing Assistance with the Paperwork from Excessive Regulations Act of 2012
