[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