House Passes Lawbreakers Immunity Act
by Guest Blogger, 7/3/2002
The House passed the Small Business Paperwork Reduction Act
(H.R. 391) today by a vote of 273-151, leaving enough votes (tally provided below) to sustain the likely veto by President Clinton.
Rep. Dennis Kucinich (D-OH) offered an amendment to fix the
most objectionable provision of the bill, which requires
automatic waiver of fines for first-time violators of agency
reporting requirements, but it was narrowly defeated 210-214.
Currently, when small businesses make a good-faith effort to
correct mistakes, agencies almost always waive fines for
first-time violators anyway. But under H.R. 391, federal
agencies would not have the flexibility to take steps against
willful violators. And in fact, the bill could encourage more
violations since small businesses, which can be as large as
1,500 employees, would know they could avoid reporting
requirements -- without fear of fine -- until they are caught
for the first time.
This is very significant because paperwork is the basis for
enforcing public protections. For example:
- A guarantee of immunity could lead to less disclosure of hazardous chemicals, putting firefighters, who rely on such information in putting out fires, at risk. The International Association of Firefighters and other firefighter organizations oppose the bill.
- Sarah Brady wrote Congress to say that H.R. 391 would weaken inspections of gun dealers under the Brady Act, which would in turn lead to an increase in weapons sales to criminals.
- The Drug Enforcement Administration relies on written reports to ensure that controlled substances are not diverted illegally.
