[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Presidential Documents]
[Pages 20621-20622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10433]
[[Page 20619]]
_______________________________________________________________________
Part VI
The President
_______________________________________________________________________
Memorandum of April 21, 1995--Regulatory Reform--Waiver of Penalties
and Reduction of Reports
Presidential Documents
Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 /
Presidential Documents
____________________________________________________________________
Title 3--
The President
[[Page 20621]]
Memorandum of April 21, 1995
Regulatory Reform--Waiver of Penalties and
Reduction of Reports
Memorandum for
The Secretary of State
The Secretary of the Treasury
The Secretary of Defense
The Attorney General
The Secretary of the Interior
The Secretary of Agriculture
The Secretary of Commerce
The Secretary of Labor
The Secretary of Health and Human Services
The Secretary of Housing and Urban Development
The Secretary of Transportation
The Secretary of Energy
The Secretary of Education
The Secretary of Veterans Affairs
The Administrator, Environmental Protection Agency
The Administrator, Small Business Administration
The Secretary of the Army
The Secretary of the Navy
The Secretary of the Air Force
The Director, Federal Emergency Management Agency
The Administrator, National Aeronautics and Space
Administration
The Director, National Science Foundation
The Acting Archivist of the United States
The Administrator of General Services
The Chair, Railroad Retirement Board
The Chairperson, Architectural and Transportation
Barriers Compliance
Board
The Executive Director, Pension Benefit Guaranty
Corporation
On March 16, I announced that the Administration would
implement new policies to give compliance officials
more flexibility in dealing with small business and to
cut back on paperwork. These Governmentwide policies,
as well as the specific agency actions I announced, are
part of this Administration's continuing commitment to
sensible regulatory reform. With your help and
cooperation, we hope to move the Government toward a
more flexible, effective, and user friendly approach to
regulation.
A. Actions: This memorandum directs the designated
department and agency heads to implement the policies
set forth below.
1. Authority to Waive Penalties. (a) To the extent
permitted by law, each agency shall use its discretion
to modify the penalties for small businesses in the
following situations. Agencies shall exercise their
enforcement discretion to waive the imposition of all
or a portion of a penalty when the violation is
corrected within a time period appropriate to the
violation in question. For those violations that may
take longer to correct than the period set by the
agency, the agency shall use its enforcement discretion
to waive up to 100 percent of the financial penalties
if the amounts waived [[Page 20622]] are used to bring
the entity into compliance. The provisions in paragraph
1(a) of this memorandum shall apply only where there
has been a good faith effort to comply with applicable
regulations and the violation does not involve criminal
wrongdoing or significant threat to health, safety, or
the environment.
(b) Each agency shall, by June 15, 1995, submit a plan
to the Director of the Office of Management and Budget
(``Director'') describing the actions it will take to
implement the policies in paragraph 1(a) of this
memorandum. The plan shall provide that the agency will
implement the policies described in paragraph 1(a) of
this memorandum on or before July 14, 1995. Plans
should include information on how notification will be
given to frontline workers and small businesses.
2. Cutting Frequency of Reports. (a) Each agency shall
reduce by one-half the frequency of the regularly
scheduled reports that the public is required, by rule
or by policy, to provide to the Government (from
quarterly to semiannually, from semiannually to
annually, etc.), unless the department or agency head
determines that such action is not legally permissible;
would not adequately protect health, safety, or the
environment; would be inconsistent with achieving
regulatory flexibility or reducing regulatory burdens;
or would impede the effective administration of the
agency's program. The duty to make such determinations
shall be nondelegable.
(b) Each agency shall, by June 15, 1995, submit a plan
to the Director describing the actions it will take to
implement the policies in paragraph 2(a), including a
copy of any determination that certain reports are
excluded.
B. Application and Scope: 1. The Director may issue
further guidance as necessary to carry out the purposes
of this memorandum.
2. This memorandum does not apply to matters related to
law enforcement, national security, or foreign affairs,
the importation or exportation of prohibited or
restricted items, Government taxes, duties, fees,
revenues, or receipts; nor does it apply to agencies
(or components thereof) whose principal purpose is the
collection, analysis, and dissemination of statistical
information.
3. This memorandum is not intended, and should not be
construed, to create any right or benefit, substantive
or procedural, enforceable at law by a party against
the United States, its agencies, its officers, or its
employees.
4. The Director of the Office of Management and Budget
is authorized and directed to publish this memorandum
in the Federal Register.
(Presidential Sig.)>
THE WHITE HOUSE,
Washington, April 21, 1995
[FR Doc. 95-10433
Filed 4-24-95; 4:25 pm]
Billing code 3110-01-P
