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Bill > HR746


US HR746

US HR746
Protect Small Business Jobs Act of 2013


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

113th Congress

Bill Summary

Protect Small Business Jobs Act of 2013 - Requires a federal agency, before any enforcement action is taken on any sanction on a small business for any violation of a rule or pursuant to an adjudication, to: (1) notify the small business that it may be subject to a sanction at the end of a six-month grace period following such notification; (2) delay further action for 15 days after such notification; (3) defer further action for the six-month period (allowing an additional three-month period upon application by the small business demonstrating reasonable good-faith efforts to remedy the violation or other conduct giving rise to the sanction); (4) make a further determination at the end of the applicable grace period as to whether the small business would still be subject to the sanction; and (5) upon a negative determination, waive the sanction. Makes the grace period inapplicable with respect to a violation that puts anyone in imminent danger, as defined by the Occupational Safety and Health Act. Makes null and void any sanction imposed in violation of such requirements. Requires: (1) federal agencies to report annually to the Small Business and Agriculture Regulatory Enforcement Ombudsman on the utilization of this directive and to disclose the penalty mitigation for small businesses, and (2) the Ombudsman to include such information in a currently-required annual report to Congress.

AI Summary

This bill, the Protect Small Business Jobs Act of 2013, aims to provide small businesses with a grace period before facing penalties for regulatory violations. Specifically, before a federal agency can impose a sanction (a penalty or punishment) on a small business for breaking a rule or as a result of a legal proceeding, the agency must first notify the business. This notification triggers a grace period, initially lasting six months, during which the business can attempt to fix the violation. The agency must also delay further action for 15 days after the initial notification, and the six-month grace period can be extended by an additional three months if the small business can show they are making good-faith efforts to correct the issue. After the grace period, the agency will re-evaluate and, if the violation is resolved, waive the sanction. This grace period does not apply to violations that pose an immediate danger, as defined by the Occupational Safety and Health Act (OSHA), a law designed to ensure safe working conditions. The bill also requires federal agencies to report annually to the Small Business and Agriculture Regulatory Enforcement Ombudsman (a designated official who helps small businesses with regulatory issues) on how they are using this directive and any penalties they have reduced for small businesses, and this information will then be included in the Ombudsman's annual report to Congress. A "small business" is defined in the bill by several criteria, including having less than $10 million in gross receipts or employing fewer than 200 individuals.

Committee Categories

Justice

Sponsors (18)

Last Action

Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law. (on 04/08/2013)

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