I 
113TH CONGRESS 
1ST SESSION 
H. R. 746 
To provide small businesses with a grace period for a regulatory violation, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2013 
Mr. BENTIVOLIO (for himself, Mr. HALL, Mr. ROSKAM, Mr. GOHMERT, Mr. 
CHABOT, Mr. FRANKS of Arizona, Mr. WALBERG, Mr. VALADAO, Mr. 
BENISHEK, Mrs. BACHMANN, Mr. BROUN of Georgia, Mr. HULTGREN, 
and Mr. PITTENGER) introduced the following bill; which was referred to 
the Committee on the Judiciary 
A BILL 
To provide small businesses with a grace period for a 
regulatory violation, and for other purposes. 
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 ‘‘Protect Small Business 
Jobs Act of 2013’’. 
SEC. 2. IN GENERAL. 
Section 558 of title 5, United States Code, is amend-
ed by adding at the end the following: 
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‘‘(d) Before any enforcement action is taken on any 
sanction on a business for any violation of a rule or pursu-
ant to an adjudication an agency shall— 
‘‘(1) not later than 10 business days after the 
date on which the agency determines that a sanction 
may be imposed on the business, provide notice to 
the business that, if the business is a small business 
as defined in subsection (k), the small business may 
be subject to a sanction at the end of the grace pe-
riod described in paragraph (3); 
‘‘(2) delay any further action for a period of 15 
calendar days; 
‘‘(3) for any small business, defer any further 
action for a period of not less than 6 months, less 
the 15 days described in paragraph (2), which shall 
be extended by an additional period of 3 months on 
application by the small business demonstrating rea-
sonable efforts made in good faith to remedy the vio-
lation or other conduct giving rise to the sanction; 
‘‘(4) make a further determination after the pe-
riod described in paragraph (3) as to whether or not 
the small business would still be subject to the sanc-
tion as of the end of that period; 
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‘‘(5) if the determination under paragraph (4) 
is that the small business would not be subject to 
the sanction, waive the sanction; and 
‘‘(6) if notice is given more than 10 business 
days after the date on which the agency determines 
that a sanction may be imposed on the business, and 
the agency determines that the same sanction may 
have been imposed on the business 10 business days 
prior to the date of the notice, that date of notice 
shall be the effective date commencing the grace pe-
riod described in paragraph (3). 
‘‘(e) The grace period described by subsection (d) 
shall be applicable only once per business per rule, but 
shall cover subsequent violations of the same rule until it 
expires. 
‘‘(f) The grace period described by subsection (d) 
shall not apply to a violation that puts anyone in imminent 
danger, as defined by the Occupational Safety and Health 
Act (29 U.S.C. 662 et seq.). 
‘‘(g) Nothing in subsection (d) shall be construed to 
prevent a small business from appealing any sanction im-
posed in accordance with the procedures of the agency, 
or from seeking review under chapter 7 of this title. 
‘‘(h) Any sanction by an agency on a small business 
for any violation of a rule or pursuant to an adjudication, 
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