I 

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 firsttime paperwork violations by small business concerns.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Small Business Paper5 work Amnesty Act’’. 
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1 SEC. 2. SUSPENSION OF FINES FOR FIRST-TIME PAPER2 WORK VIOLATIONS BY SMALL BUSINESS CON3 CERNS. 

4 Section 3506 of chapter 35 of title 44, United States 

5 Code (commonly referred to as the ‘‘Paperwork Reduction 

6 Act’’) is amended by adding at the end the following new 

7 subsection: 

8 ‘‘(i)(1) In the case of a first-time violation by a small 

9 business concern of a requirement regarding collection of 

10 information by an agency, the head of such agency shall 

11 provide that no civil fine shall be imposed on the small 

12 business concern unless, based on the particular facts and 

13 circumstances regarding the violation—

14 ‘‘(A) the head of the agency determines that the 

15 violation has the potential to cause serious harm to 

16 the public interest; 

17 ‘‘(B) the head of the agency determines that 

18 failure to impose a civil fine would impede or inter19 fere with the detection of criminal activity; 

20 ‘‘(C) the violation is a violation of an internal 

21 revenue law or a law concerning the assessment or 

22 collection of any tax, debt, revenue, or receipt; 

23 ‘‘(D) the violation is not corrected on or before 

24 the date that is six months after the date of receipt 

25 by the small business concern of notification of the 

26 violation in writing from the agency; or 
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1 ‘‘(E) except as provided in paragraph (2), the 

2 head of the agency determines that the violation pre3 sents a danger to the public health or safety. 

4 ‘‘(2)(A) In any case in which the head of an agency 

5 determines under paragraph (1)(E) that a violation pre6 sents a danger to the public health or safety, the head 

7 of the agency may, notwithstanding paragraph (1)(E), de8 termine that a civil fine should not be imposed on the 

9 small business concern if the violation is corrected within 

10 24 hours of receipt of notice in writing by the small busi11 ness concern of the violation. 

12 ‘‘(B) In determining whether to provide a small busi13 ness concern with 24 hours to correct a violation under 

14 subparagraph (A), the head of the agency shall take into 

15 account all of the facts and circumstances regarding the 

16 violation, including—

17 ‘‘(i) the nature and seriousness of the violation, 

18 including whether the violation is technical or inad19 vertent or involves willful or criminal conduct; 

20 ‘‘(ii) whether the small business concern has 

21 made a good faith effort to comply with applicable 

22 laws, and to remedy the violation within the shortest 

23 practicable period of time; and 
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1 ‘‘(iii) whether the small business concern has 

2 obtained a significant economic benefit from the vio3 lation. 

4 ‘‘(C) In any case in which the head of the agency 

5 imposes a civil fine on a small business concern for a viola6 tion with respect to which this paragraph applies and does 

7 not provide the small business concern with 24 hours to 

8 correct the violation, the head of the agency shall notify 

9 Congress regarding such determination not later than 60 

10 days after the date that the civil fine is imposed by the 

11 agency. 

12 ‘‘(3) With respect to any agency, this subsection shall 

13 not apply to any violation by a small business concern of 

14 a requirement regarding collection of information by such 

15 agency if such small business concern previously violated 

16 any requirement regarding collection of information by 

17 such agency. 

18 ‘‘(4) In determining if a violation is a first-time viola19 tion for purposes of this subsection, the head of an agency 

20 shall not take into account any violation of a requirement 

21 regarding collection of information by another agency. 

22 ‘‘(5) For purposes of this subsection, the term ‘small 

23 business concern’ means a business concern that meets the 

24 requirements of section 3(a) of the Small Business Act 
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1 (15 U.S.C. 632(a)) and the regulations promulgated pur2 suant to such section.’’.

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