I
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 Busi-
ness, 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Small Business Paper-
work Amnesty Act’’.
SEC. 2. SUSPENSION OF FINES FOR FIRST-TIME PAPER-
WORK 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 paper-
work, in any case of a first-time violation by a small-busi-
ness concern of a requirement regarding collection of in-
formation 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 inter-
fere 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 pre-
sents 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 infor-
mation 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-busi-
ness 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 inad-
vertent or involves willful or criminal conduct;
‘‘(ii) whether the small-business concern has
made a good faith effort to comply with applicable
formation under Federal law, in a manner inconsistent
with the provisions of this subsection.’’.
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