Bill Text
106th Congress (1999-2000)
H.R.391.IH


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H.R.391 -- Small Business Paperwork Reduction Act Amendments of 1999 (Introduced in House - IH)

HR 391 IH1S

106th CONGRESS

1st Session

H. R. 391

To amend chapter 35 of title 44, United States Code, for the purpose of facilitating compliance by small businesses with certain Federal paperwork requirements, to establish a task force to examine the feasibility of streamlining paperwork requirements applicable to small businesses, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 19, 1999

Mr. MCINTOSH 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 chapter 35 of title 44, United States Code, for the purpose of facilitating compliance by small businesses with certain Federal paperwork requirements, to establish a task force to examine the feasibility of streamlining paperwork requirements applicable to small businesses, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Small Business Paperwork Reduction Act Amendments of 1999'.

SEC. 2. FACILITATION OF COMPLIANCE WITH FEDERAL PAPERWORK 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 Reduction 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 paragraphs:

      `(6) publish in the Federal Register on an annual basis a list of the requirements applicable to small-business concerns (within the meaning of section 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 description (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 enactment of the Small Business Paperwork Reduction Act Amendments of 1999; 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 VIOLATIONS- Section 3506 of such chapter is amended by adding 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 collection 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-business 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 circumstances 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 internal revenue law or a law concerning the assessment or collection of any tax, debt, revenue, or receipt;

        `(iv) 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

        `(v) except as provided in paragraph (2), the head of the agency determines that the violation presents an imminent and substantial 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 information presents an imminent and substantial danger to the public health or safety, the head of the agency may, notwithstanding 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-business 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 inadvertent 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 obtained a significant economic benefit from the violation.

    `(3) In any case in which the head of the agency imposes a civil fine on a small-business concern for a first-time violation of a requirement regarding collection of information 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.

    `(4) Notwithstanding any other provision of law, no State may impose a civil penalty on a small-business concern, in the case of a first-time violation by the small-business concern of a requirement regarding collection of information under Federal law, in a manner inconsistent with the provisions of this subsection.'.

    (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 paragraph:

      `(4) in addition to the requirements of this Act regarding the reduction of paperwork for small-business concerns (within the meaning of section 3 of the Small Business Act (15 U.S.C. 631 et seq.)), make efforts to further reduce the paperwork burden for small-business concerns with fewer than 25 employees.'.

SEC. 3. ESTABLISHMENT OF TASK FORCE TO STUDY STREAMLINING OF PAPERWORK REQUIREMENTS 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:

`Sec. 3521. Establishment of task force on feasibility of streamlining information collection requirements

    `(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 Department 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 Environmental Protection Agency.

      `(3) At least one representative of the Department 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 Environmental Protection Agency, the Department of Transportation, and the Small Business Administration.

    `(c) The task force shall examine the feasibility of requiring 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 electronic reporting system, with respect to the agency; and

      `(3) on the same date.

    `(d) Not later than one year after the date of the enactment of the Small Business Paperwork Reduction Act Amendments of 1999, the task force shall submit a report of its findings under subsection (c) to the chairmen and ranking minority members of the Committee on Government Reform and Oversight and the Committee on Small Business of the House of Representatives, and the Committee 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 collection requirements.'.



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