I 
112TH CONGRESS 
1ST SESSION H. R. 1770 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2011 
Mr. BOUSTANY introduced the following bill; which was referred to the Com-
mittee 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 con-
cerns. 
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 Relief Act of 2011’’. 
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SEC. 2. SUSPENSION OF FINES FOR FIRST-TIME PAPER-
WORK VIOLATIONS BY SMALL BUSINESS CON-
CERNS. 
Section 3506 of title 44, United States Code (com-
monly 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 sub-
section, the term ‘small business concern’ has the 
meaning given that term under section 3 of the 
Small Business Act (15 U.S.C. 632). 
‘‘(2) IN GENERAL.—In the case of a first-time 
violation by a small business concern of a require-
ment 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— 
‘‘(A) the violation has the potential to 
cause serious harm to the public interest; 
‘‘(B) failure to impose a civil fine would 
impede or interfere with the detection of crimi-
nal activity; 
‘‘(C) the violation is a violation of an inter-
nal revenue law or a law concerning the assess-
ment or collection of any tax, debt, revenue, or 
receipt; 
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‘‘(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; or 
‘‘(E) except as provided in paragraph (3), 
the violation presents a danger to the public 
health or safety. 
‘‘(3) DANGER TO PUBLIC HEALTH OR SAFE-
TY.— 
‘‘(A) IN GENERAL.—In any case in which 
the head of an agency determines under para-
graph (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 cor-
rected not later than 24 hours after receipt by 
the owner of the small business concern of noti-
fication of the violation in writing. 
‘‘(B) CONSIDERATIONS.—In determining 
whether to allow a small business concern 24 
hours to correct a violation under subparagraph 
(A), the head of an agency shall take into ac-
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count all of the facts and circumstances regard-
ing 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 con-
cern has made a good faith effort to com-
ply with applicable laws and to remedy the 
violation within the shortest practicable pe-
riod of time; and 
‘‘(iii) whether the small business con-
cern has obtained a significant economic 
benefit from the violation. 
‘‘(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 24 hours 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. 
‘‘(4) LIMITED TO FIRST-TIME VIOLATIONS.— 
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‘‘(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 re-
garding collection of information by the 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 regard-
ing collection of information by another agen-
cy.’’. 
Æ 
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