Sec. 103. Reduction or waiver of civil penalties imposed on small entities
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Chapter 6 of title 5, United States Code, is amended by adding at the end the following: Upon notifying a small entity of a violation by the small entity of a collection of information or recordkeeping requirement, the agency shall provide the small entity with an opportunity to request that the agency reduce or waive any civil penalty imposed on the small entity as a result of the violation. If a small entity requests a reduction or waiver under subsection (a), the agency that receives the request shall— review the records of the agency; and reduce or waive the civil penalty imposed on the small entity if the agency determines that— the civil penalty was the result of a first-time violation by the small entity of a collection of information or recordkeeping requirement; and the reduction or waiver is consistent with the conditions and exclusions described in paragraphs (1), (3), (4), (5), and
(6)of section 223(b) of the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 note). Not later than 60 days after the receipt of a request from a small entity under subsection (a), an agency shall send the small entity written notice of the determination of the agency with respect to the request and the reasons for the determination. The Chief Counsel for Advocacy shall submit to Congress an annual report summarizing— all requests received by the agencies under subsection
(a)during the previous year; and the results of the requests described in paragraph (1). . The table of sections for chapter 6 of title 5, United States Code, is amended by adding at the end the following: 613. Reduction or waiver of civil penalties imposed on small entities. .
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Sec. 103
Reduction or waiver of civil penalties imposed on small entities
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