IB
Union Calendar No. 266
105TH CONGRESS
2D SESSION
H. R. 3310
[Report No. 105–462, Part I]
To amend chapter 35 of title 44, United States Code, for the purpose
of facilitating compliance by small businesses with certain Federal paper-
work requirements, and to establish a task force to examine the feasibility
of streamlining paperwork requirements applicable to small businesses.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 1998
Mr. MCINTOSH (for himself, Mr. KUCINICH, Mr. FROST, Ms. WOOLSEY, Mr.
GORDON, Mr. HAMILTON, Mr. HASTERT, Mr. SCARBOROUGH, Mr.
SUNUNU, Mr. SESSIONS, Mr. SHAYS, Mr. MCHUGH, Mr. DAVIS of Vir-
ginia, Mr. MILLER of Florida, Mr. LIVINGSTON, Mr. DELAY, Mr. ARMEY,
Mr. BOEHNER, Mr. THORNBERRY, Mr. BARR of Georgia, Ms. DUNN, and
Mr. SNOWBARGER) introduced the following bill; which was referred to
the Committee on Government Reform and Oversight, and in addition to
the Committee on Small Business, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
MARCH 24, 1998
Additional sponsors: Mr. SANDLIN, Ms. LOFGREN, Mr. KING, Mr. HALL of
Texas, Mr. COMBEST, Mr. CUNNINGHAM, Mrs. EMERSON, Mr. TALENT,
Mr. GEJDENSON, Mr. SHADEGG, Mr. MICA, Mr. BURTON of Indiana, Mr.
COX of California, Mr. CONDIT, Mr. SANFORD, Mr. PAPPAS, Mr. NOR-
WOOD, Mr. POMBO, Mrs. KELLY, Mr. PICKERING, Mr. HORN, and Mr.
EHRLICH
MARCH 24, 1998
Reported from the Committee on Government Reform and Oversight with an
amendment
[Strike out all after the enacting clause and insert the part printed in italic]
MARCH 24, 1998
Referral to the Committee on Small Business extended for a period ending
not later than March 24, 1998
MARCH 24, 1998
The Committee on Small Business discharged; referred to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on March 3, 1998]
A BILL
To amend chapter 35 of title 44, United States Code, for
the purpose of facilitating compliance by small businesses
with certain Federal paperwork requirements, and to es-
tablish a task force to examine the feasibility of stream-
lining paperwork requirements applicable to small busi-
nesses.
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 Reduction Act Amendments of 1998’’.
SEC. 2. FACILITATION OF COMPLIANCE WITH FEDERAL PA-
PERWORK REQUIREMENTS.
(a) REQUIREMENTS APPLICABLE TO THE DIRECTOR
OF OMB.—Section 3504(c) of chapter 35 of title 44, United
States Code (commonly referred to as the ‘‘Paperwork Re-
duction Act’’), is amended—
(1) in paragraph (4), by striking ‘‘; and’’ and
inserting a semicolon;
(2) in paragraph (5), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new para-
graphs:
‘‘(6) publish in the Federal Register on an an-
nual basis a list of the requirements applicable to
small-business concerns (within the meaning of sec-
tion 3 of the Small Business Act (15 U.S.C. 631 et
seq.)) with respect to collection of information by
agencies, organized by North American Industrial
Classification System code and industrial/sector de-
scription (as published by the Office of Management
and Budget), with the first such publication occurring
not later than one year after the date of the enact-
ment of the Small Business Paperwork Reduction Act
Amendments of 1998; and
‘‘(7) make available on the Internet, not later
than one year after the date of the enactment of such
Act, the list of requirements described in paragraph
(6).’’.
(b) ESTABLISHMENT OF AGENCY POINT OF CONTACT;
SUSPENSION OF FINES FOR FIRST-TIME PAPERWORK VIO-
LATIONS.—Section 3506 of such chapter is amended by add-
ing at the end the following new subsection:
‘‘(i)(1) In addition to the requirements described in
subsection (c), each agency shall, with respect to the collec-
tion of information and the control of paperwork—
‘‘(A) establish one point of contact in the agency
to act as a liaison between the agency and small-busi-
ness concerns (within the meaning of section 3 of the
Small Business Act (15 U.S.C. 631 et seq.)); and
‘‘(B) in any case of a first-time violation by a
small-business concern of a requirement regarding
collection of information by the agency, provide that
no civil fine shall be imposed on the small-business
concern unless, based on the particular facts and cir-
cumstances regarding the violation—
‘‘(i) the head of the agency determines that
the violation has caused actual serious harm to
the public;
‘‘(ii) the head of the agency determines that
failure to impose a civil fine would impede or
interfere with the detection of criminal activity;
‘‘(iii) the violation is a violation of an in-
ternal revenue law or a law concerning the as-
sessment or collection of any tax, debt, revenue,
or receipt;
‘‘(iv) the violation is not corrected on or be-
fore the date that is six months after the date of
receipt by the small-business concern of notifica-
tion of the violation in writing from the agency;
or
‘‘(v) except as provided in paragraph (2),
the head of the agency determines that the viola-
tion presents an imminent and substantial dan-
ger 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 an imminent and substantial danger to the
public health or safety, the head of the agency may, notwith-
standing paragraph (1)(B)(v), 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 sub-
paragraph (A), the head of the agency shall take into ac-
count all of the facts and circumstances regarding the viola-
tion, 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
laws, and to remedy the violation within the shortest
practicable period of time;
‘‘(iii) the previous compliance history of the
small-business concern, including whether the small-
business concern, its owner or owners, or its principal
officers have been subject to past enforcement actions;
and
‘‘(iv) whether the small-business concern has ob-
tained a significant economic benefit from the viola-
tion.
‘‘(3) In any case in which the head of the agency im-
poses a civil fine on a small-business concern for a first-
time violation of a requirement regarding collection of in-
formation which the agency head has determined presents
an imminent and substantial danger to the public health
or safety, and does not provide the small-business concern
with 24 hours to correct the violation, the head of the agency
shall notify Congress regarding such determination not
later than 60 days after the date that the civil fine is
imposed by the agency.’’.
(c) ADDITIONAL REDUCTION
OF PAPERWORK
FOR
CERTAIN SMALL BUSINESSES.—Section 3506(c) of title 44,
United States Code, is amended—
(1) in paragraph (2)(B), by striking ‘‘; and’’
and inserting a semicolon;
(2) in paragraph (3)(J), by striking the period
and inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(4) in addition to the requirements of this Act
regarding the reduction of paperwork for small-busi-
ness concerns (within the meaning of section 3 of the
Small Business Act (15 U.S.C. 631 et seq.)), make ef-
forts to further reduce the paperwork burden for
small-business concerns with fewer than 25 employ-
ees.’’.
SEC. 3. ESTABLISHMENT OF TASK FORCE TO STUDY
STREAMLINING OF PAPERWORK REQUIRE-
MENTS FOR SMALL-BUSINESS CONCERNS.
(a) IN GENERAL.—Chapter 35 of title 44, United
States Code, is further amended by adding at the end the
following new section:
‘‘§ 3521. Establishment of task force on feasibility of
streamlining information collection re-
quirements
‘‘(a) There is hereby established a task force to study
the feasibility of streamlining requirements with respect to
small-business concerns regarding collection of information
(in this section referred to as the ‘task force’).
‘‘(b) The members of the task force shall be appointed
by the Director, and shall include the following:
‘‘(1) At least two representatives of the Depart-
ment of Labor, including one representative of the
Bureau of Labor Statistics and one representative of
the Occupational Safety and Health Administration.
‘‘(2) At least one representative of the Environ-
mental Protection Agency.
‘‘(3) At least one representative of the Depart-
ment of Transportation.
‘‘(4) At least one representative of the Office of
Advocacy of the Small Business Administration.
‘‘(5) At least one representative of each of two
agencies other than the Department of Labor, the En-
vironmental Protection Agency, the Department of
Transportation, and the Small Business Administra-
tion.
‘‘(c) The task force shall examine the feasibility of re-
quiring each agency to consolidate requirements regarding
collections of information with respect to small-business
concerns, in order that each small-business concern may
submit all information required by the agency—
‘‘(1) to one point of contact in the agency;
‘‘(2) in a single format, or using a single elec-
tronic reporting system, with respect to the agency;
and
‘‘(3) on the same date.
‘‘(d) Not later than one year after the date of the enact-
ment of the Small Business Paperwork Reduction Act
Amendments of 1998, the task force shall submit a report
of its findings under subsection (c) to the chairmen and
ranking minority members of the Committee on Govern-
ment Reform and Oversight and the Committee on Small
Business of the House of Representatives, and the Commit-
tee on Governmental Affairs and the Committee on Small
Business of the Senate.
‘‘(e) As used in this section, the term ‘small-business
concern’ has the meaning given that term under section 3
of the Small Business Act (15 U.S.C. 631 et seq.).’’.
(b) CONFORMING AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding at
the end the following new item:
‘‘3521. Establishment of task force on feasibility of streamlining information col-
lection requirements.’’.
Union Calendar No. 266
105TH CONGRESS
2D SESSION
H. R. 3310
[Report No. 105–462, Part I]
A BILL
To amend chapter 35 of title 44, United States
Code, for the purpose of facilitating compliance
by small businesses with certain Federal paper-
work requirements, and to establish a task force
to examine the feasibility of streamlining paper-
work requirements applicable to small businesses.
MARCH 24, 1998
Reported from the Committee on Government Reform
and Oversight with an amendment
MARCH 24, 1998
Referral to the Committee on Small Business extended
for a period ending not later than March 24, 1998
MARCH 24, 1998
The Committee on Small Business discharged; referred to
the Committee of the Whole House on the State of the
Union and ordered to be printed