Page:United States Statutes at Large Volume 110 Part 1.djvu/886

 110 STAT. 862 PUBLIC LAW 104-121 —MAR. 29, 1996 "(4) Members of the Board shall serve without compensation, provided that, members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board.". SEC. 223. RIGHTS OF SMALL ENTITIES IN ENFORCEMENT ACTIONS. (a) IN GENERAL. —Each agency regulating the activities of small entities shall establish a policy or program within 1 year of enactment of this section to provide for the reduction, and under appropriate circumstances for the waiver, of civil penalties for violations of a statutory or regulatory requirement by a small entity. Under appropriate circumstances, an agency may consider ability to pay in determining penalty assessments on small entities. (b) CONDITIONS AND EXCLUSIONS.— Subject to the requirements or limitations of other statutes, policies or programs established under this section shall contain conditions or exclusions which may include, but shall not be limited to— (1) requiring the small entity to correct the violation within a reasonable correction period; (2) limiting the applicability to violations discovered through participation by the small entity in a compliance assistance or audit program operated or supported by the agency or a State; (3) excluding small entities that have been subject to multiple enforcement actions by the agency; (4) excluding violations involving willful or criminal conduct; (5) excluding violations that pose serious health, safety or environmental threats; and (6) requiring a good faith effort to comply with the law. (c) REPORTING. —Agencies shall report to the Committee on Small Business and Committee on Governmental Affairs of the Senate and the Committee on Small Business and Committee on Judiciary of the House of Representatives no later than 2 years after the date of enactment of this section on the scope of their program or policy, the number of enforcement actions against small entities that qualified or failed to qualify for the program or policy, and the total amount of penalty reductions and waivers. SEC. 224. EFFECTIVE DATE. This subtitle and the amendments made by this subtitle shall take effect on the expiration of 90 days after the date of enactment of this subtitle. Subtitle C—Equal Access to Justice Act Amendments SEC. 231. ADMINISTRATIVE PROCEEDINGS. (a) Section 504(a) of title 5, United States Code, is amended by adding at the end the following new paragraph: "(4) If, in an adversary adjudication arising from an agency action to enforce a party's compliance with a statutory or regulatory requirement, the demand by the agency is substantially in excess

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