Protect Small Business Jobs Act of 2011

Protect Small Business Jobs Act of 2011 - Requires a federal agency, before imposing 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) defer any 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 violation); (3) 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 (4) upon a negative determination, waive the sanction.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3267 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3267

  To provide small businesses with a grace period for any regulatory 
                   violation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 26, 2011

   Mr. Paul introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide small businesses with a grace period for any regulatory 
                   violation, 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 ``Protect Small Business Jobs Act of 
2011''.

SEC. 2. IN GENERAL.

    Section 558 of title 5, United States Code, is amended by adding at 
the end the following:
    ``(d) Before imposing any sanction on a small business (as such 
term is defined in section 601 of title 5, United States Code, and 
including any business with a market capitalization of $7,000,000 or 
less in average annual receipts, or any business that is classified as 
a mining or manufacturing business under the North American Industrial 
Classification System that has 500 employees or less) for any violation 
of a rule or pursuant 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 small business, provide notice to the small business that 
        the small business may be subject to a sanction at the end of 
        the grace period described in paragraph (2);
            ``(2) defer any further action for a period of not less 
        than 6 months, which shall be extended by an additional period 
        of 3 months on application by the small business demonstrating 
        reasonable efforts made in good faith to remedy the violation 
        or other conduct giving rise to the sanction;
            ``(3) make a further determination after the period 
        described in paragraph (2) as to whether or not the small 
        business would still be subject to the sanction as of the end 
        of that period; and
            ``(4) if the determination under paragraph (3) is that the 
        small business would not be subject to the sanction, waive the 
        sanction.
    ``(e) Nothing in subsection (d) shall be contrued to prevent a 
small business from appealing any sanction imposed in accordance with 
the procedures of the agency, or from seeking review under chapter 7 of 
this title.''.
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