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Full Text of this Amendment

SA 195. Ms. COLLINS submitted an amendment intended to be proposed by her to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:
SEC. 4. REDUCTION OR WAIVER OF CIVIL PENALTIES IMPOSED ON SMALL ENTITIES.
(a) In General.--Chapter 6 of title 5, United States Code, is amended by adding at the end the following:"§613. Reduction or waiver of civil penalties imposed on small entities

"(a) Upon the request of a small entity, a Regional Advocate of the Office of Advocacy of the Small Business Administration (referred to in this section as a `Regional Advocate') shall submit to an agency a request that the agency reduce or waive a civil penalty imposed on the small entity, if the Regional Advocate determines that--

"(1) the civil penalty was the result of a first-time violation by the small entity of a requirement to report information to the agency; and
"(2) the reduction or waiver is consistent with the conditions and exclusions described in paragraphs (1), (3), (4), (5), and (6) of section 223(b) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121; 110 Stat. 862).
"(b) Not later than 60 days after the receipt of a request from a Regional Advocate under subsection (a), an agency shall send written notice of the decision of the agency with respect to the request, together with the reasons for the decision, to the Regional Advocate that made the request and the relevant small entity.
"(c) The Chief Counsel for Advocacy shall submit to Congress an annual report summarizing--
"(1) the requests received by the Regional Advocates from small entities under subsection (a); and
"(2) the requests submitted by the Regional Advocates to agencies under subsection (a) and the results of the requests.".
(b) Technical and Conforming Amendment.--The table of sections for chapter 6 of title 5, United States Code, is amended by adding at the end the following:

"613. Reduction or waiver of civil penalties imposed on small entities.".


(As printed in the Congressional Record for the Senate on Mar 15, 2011.)