,i #aacth ,,congress #ast ,session ,h4 ,r4 #gdf ,,in ,,the ,,house ,,of ,,representatives ,february #ae1 #bjac ,mr4 ,bentivolio 7for himself1 ,mr4 ,hall1 ,mr4 ,roskam1 ,mr4 ,gohmert1 ,mr4 ,chabot1 ,mr4 ,franks of ,arizona1 ,mr4 ,walberg1 ,mr4 ,valadao1 ,mr4 ,benishek1 ,mrs4 ,bachmann1 ,mr4 ,broun of ,georgia1 ,mr4 ,hultgren1 and ,mr4 ,pittenger7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide small businesses with a grace period for a regulatory violation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protect ,small ,business ,jobs ,act of #bjac4 #b4 ,in general ,section #eeh of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,before any enforcement action is taken on any sanction on a business for any violation of a rule or pursuant to an adjudication an agency shall-- 7#a7 not later than #aj business days after the date on which the agency determines that a sanction may be imposed on the business1 provide notice to the business that1 if the business is a small business as defined in subsection 7k71 the small business may be subject to a sanction at the end of the grace period described in paragraph 7#c72 7#b7 delay any further action for a period of #ae calendar days2 7#c7 for any small business1 defer any further action for a period of not less than #f months1 less the #ae days described in paragraph 7#b71 which shall be extended by an additional period of #c 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 sanction2 7#d7 make a further determination after the period described in paragraph 7#c7 as to whether or not the small business would still be subject to the sanction as of the end of that period2 7#e7 if the determination under paragraph 7#d7 is that the small business would not be subject to the sanction1 waive the sanction2 and 7#f7 if notice is given more than #aj business days after the date on which the agency determines that a sanction may be imposed on the business1 and the agency determines that the same sanction may have been imposed on the business #aj business days prior to the date of the notice1 that date of notice shall be the effective date commencing the grace period described in paragraph 7#c74 7e7 ,the grace period described by subsection 7d7 shall be applicable only once per business per rule1 but shall cover subsequent violations of the same rule until it expires4 7f7 ,the grace period described by subsection 7d7 shall not apply to a violation that puts anyone in imminent danger1 as defined by the ,occupational ,safety and ,health ,act 7#bi ,u4,s4,c4 #ffb et seq474 7g7 ,nothing in subsection 7d7 shall be construed to prevent a small business from appealing any sanction imposed in accordance with the procedures of the agency1 or from seeking review under chapter #g of this title4 7h7 ,any sanction by an agency on a small business for any violation of a rule or pursuant to an adjudication1 absent proof of written notice of the sanction and the date on which the agency determined that a sanction may be imposed1 or in violation of subsection 7d77#c71 shall be null and void4 7i7 ,federal agencies shall report annually to the ,ombudsman on the utilization of this directive and disclose the penalty mitigation for small businesses4 7j7 ,the ,ombudsman shall include in its annual report to ,congress the agency reports described by subsection 7i7 and a summary of the findings4 7k7 ,for purposes of this section-- 7#a7 term small business is defined as any sole proprietorship1 partnership1 corporation1 limited liability company1 or other business entity1 that-- 7,a7 had less than #aj1jjj1jjj in gross receipts in the preceding calendar year2 7,b7 is considered a small-business concern as such term is defined pursuant to ,section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a772 7,c7 employed fewer than #bjj individuals in the preceding calendar year2 or 7,d7 had ,,cpi adjusted gross receipts of less than #aj1jjj1jjj in the preceding year4 7#b7 the term ,ombudsman has the same meaning given such term in section #cj7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg7;a772 7#c7 the term consumer price index means the consumer price index for all urban consumers published by the ,department of ,labor2 and 7#d7 the term ,,cpi adjusted gross receipts means the amount of gross receipts1 divided by the consumer price index for calendar year #bjab1 and multiplied by the consumer price index for the preceding calendar year1 rounded to the nearest multiple of #ajj1jjj 7or1 if midway between multiples of #ajj1jjj1 to the next higher multiple of #ajj1jjj74 4