this amendment replaces the controversial provisions that would prevent the assessment of civil penalties and preempt State law with language that requires agencies to implement policies for reducing or waiving penalties against first time violators in appropriate circumstances. Again, it replaces the provisions that prevent the assessment of civil penalties and preempt State law with language that requires agencies, we are going to require agencies to implement the policies for reducing or waiving penalties against first time violators in appropriate circumstances. The agencies would be required to implement these policies within six months and report to Congress on those policies six months later. So there is a strong attempt here to make sure that businesses who operate in good faith are rewarded. This amendment dovetails a provision in the Contract with America. Section 223 of the Small Business and Regulatory Enforcement Act which enjoyed overwhelming bipartisan support in Congress when it was signed into law three years ago, that provision required agencies to implement policies for waiving or reducing penalties under appropriate circumstances. However, SBREFA, as it is called, did not target relief to first-time violators.
Editor's note · Context
Discussing an amendment related to civil penalties and first-time violators.
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