[Federal Register Volume 74, Number 238 (Monday, December 14, 2009)]
[Rules and Regulations]
[Pages 66029-66034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29667]
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DEPARTMENT OF ENERGY
10 CFR Parts 207, 218, 430, 490, 501, 601, 820, 824, 851, 1013,
1017, and 1050
RIN 1990-AA32
Inflation Adjustment of Civil Monetary Penalties
AGENCY: Office of the General Counsel, U.S. Department of Energy.
ACTION: Final rule.
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SUMMARY: The Department of Energy (``DOE'') today publishes this final
rule to adjust DOE's civil monetary penalties (``CMPs'') for inflation
as mandated by the Debt Collection Improvement Act of 1996. This rule
adjusts CMPs within the jurisdiction of DOE to the maximum extent
allowed by the Federal Civil Penalties Inflation Adjustment Act of
1990, as amended by the Debt Collection Improvement Act of 1996.
DATES: This rule is effective January 13, 2010.
FOR FURTHER INFORMATION CONTACT: Preeti Chaudhari, U.S. Department of
Energy, Office of the General Counsel, GC-71, 1000 Independence Avenue,
SW., Washington, DC 20585, (202) 586-8078.
SUPPLEMENTARY INFORMATION:
I. Background
II. Method of Calculation
III. Summary of Final Rule
IV. Final Rulemaking
V. Regulatory Review
I. Background
In order to preserve the deterrent effect of civil penalties and
foster compliance with the law, the Federal Civil Penalties Inflation
Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by the Debt
Collection Improvement Act of 1996 (Pub. L. 104-134) (``the Act''),
requires Federal agencies to regularly adjust each CMP provided by law
within the jurisdiction of the agency. Also, the Act in part requires
each agency to make further adjustments at least once every four years.
The Act provides that any increase in a CMP due to the calculated
inflation adjustments shall apply only to violations that occur after
the date the increase takes effect and states that the initial
inflation adjustment may not exceed 10 percent of the existing penalty.
II. Method of Calculation
Under the Act, the inflation adjustment for each applicable CMP is
determined by increasing the maximum civil penalty amount per violation
by the cost-of-living adjustment. The ``cost-of-living'' adjustment is
defined as the amount by which the Consumer Price Index (CPI) for the
month of June of the calendar year preceding the adjustment exceeds the
CPI for the month of June of the year in which the amount of such civil
penalty was last set or adjusted pursuant to law. Any calculated
increase under this adjustment is rounded to the nearest--
(1) Multiple of $10 in the case of penalties less than or equal to
$100;
(2) Multiple of $100 in the case of penalties greater than $100 but
less than or equal to $1,000;
(3) Multiple of $1000 in the case of penalties greater than $1000
but less than or equal to $10,000;
[[Page 66030]]
(4) Multiple of $5000 in the case of penalties greater than $10,000
but less than or equal to $100,000;
(5) Multiple of $10,000 in the case of penalties greater than
$100,000 but less than or equal to $200,000; and
(6) Multiple of $25,000 in the case of penalties greater than
$200,000.
28 U.S.C. 2461 note, sec. 5.
III. Summary of Final Rule
The following list summarizes the existing DOE regulations
containing civil monetary penalties, and the penalties before and after
adjustment.
------------------------------------------------------------------------
DOE regulation containing civil
monetary penalty Before adjustment After adjustment
------------------------------------------------------------------------
10 CFR 207.7.................... $2,750............ $4,000.
10 CFR 218.42................... $5,500............ $8,000.
10 CFR 430.61................... $110.............. $200.
10 CFR 490.604.................. $5,500............ $8,000.
10 CFR 501.181(c)............... --$27,500......... --$40,000.
--3.3/mcf......... --3.3/mcf.
--11/bbl.......... --20/bbl.
10 CFR 601.400 and App A........ --minimum $11,000. --minimum $15,000.
--maximum $110,000 --maximum
$150,000.
10 CFR 820.81 \1\............... $110,000.......... $150,000.
10 CFR 824.1 and App A.......... $100,000.......... $110,000.
10 CFR 824.4 and App A.......... $100,000.......... $110,000.
10 CFR 851.5 and App B \2\...... $70,000........... $75,000.
10 CFR 1013.3................... $5,500............ $8,000.
10 CFR 1017.29 (formerly 10 CFR $110,000.......... $150,000.
1017.18).
10 CFR 1050.303................. $5,500............ $8,000.
------------------------------------------------------------------------
\1\ The civil penalties under this section and 10 CFR 851.5 encompass
the civil penalty authorized by 50 U.S.C. 2731 (formerly 42 U.S.C.
7274d). Title 50 U.S.C. 2731 establishes a maximum civil penalty of
$5,000 per day for failure of any DOE contractor to provide specified
training to individuals it employs who are engaged in hazardous
substance response or emergency response at DOE nuclear weapons
facilities or for failure to certify to DOE that such employees are
adequately trained pursuant to orders issued by DOE relating to
employee safety training. In corresponding guidance, DOE is today
adjusting the civil penalty to a maximum of $5,500 for each day a
violation occurs. The adjusted civil penalty is well under the maximum
civil penalty provided under 10 CFR 820.81 and 10 CFR 851.5. This
footnote shall not be construed as limiting DOE's discretion to impose
civil penalties for violations of training requirements contained in
DOE's Nuclear Safety Requirements or 10 CFR Part 851, including
training requirements relating to hazardous substance response or
emergency response at DOE's nuclear weapons facilities.
\2\ See footnote 1.
IV. Final Rulemaking
In accordance with 5 U.S.C. 553(b), the Administrative Procedure
Act, DOE generally publishes a rule in a proposed form and solicits
public comment on it before issuing the rule in final. However, 5
U.S.C. 553(b)(B) provides an exception to the public comment
requirement if the agency finds good cause to omit advance notice and
public participation. Good cause is shown when public comment is
``impracticable, unnecessary, or contrary to the public interest.''
DOE finds that providing an opportunity for public comment prior to
publication of this rule is not necessary because DOE is carrying out a
ministerial, non-discretionary duty specified in an Act of Congress.
This rule incorporates requirements specifically set forth in 28 U.S.C.
2461 note requiring DOE to issue a regulation implementing inflation
adjustments for all its civil penalty provisions. The formula for the
amount of the penalty adjustment is prescribed by Congress. Prior
notice and opportunity to comment are therefore unnecessary in this
case because these changes are not subject to the exercise of
discretion by DOE. These technical changes, required by law, do not
substantively alter the existing regulatory framework nor in any way
affect the terms under which DOE assesses civil penalties.
V. Regulatory Review
A. Executive Order 12866
Today's rule has been determined not to be a significant regulatory
action under Executive Order 12866, ``Regulatory Planning and Review,''
58 FR 51735 (October 4, 1993). Accordingly, this action was not subject
to review under that Executive Order by the Office of Information and
Regulatory Affairs of the Office of Management and Budget.
B. National Environmental Policy Act
DOE has determined that this final rule is covered under the
Categorical Exclusion found in DOE's National Environmental Policy Act
regulations at paragraph A.5 of Appendix A to Subpart D, 10 CFR part
1021, which applies to rulemaking that amends an existing rule or
regulation which does not change the environmental effect of the rule
or regulation being amended. Accordingly, neither an environmental
assessment nor an environmental impact statement is required.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment. As discussed above,
DOE has determined that prior notice and opportunity for public comment
is unnecessary and contrary to the public interest. In accordance with
5 U.S.C. 604(a), no regulatory flexibility analysis has been prepared
for today's rule.
D. Paperwork Reduction Act
This final rule imposes no new information collection requirements
subject to the Paperwork Reduction Act.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires Federal agencies to examine closely the impacts of regulatory
actions on State, local, and tribal governments. Section 201 excepts
agencies from assessing effects on State, local or tribal governments
or the private sector of rules that incorporate requirements
specifically set forth in law. Because this rule incorporates
requirements specifically set forth in 28 U.S.C. 2461 note, DOE is not
required to assess its regulatory effects under Section 201. Unfunded
Mandates Reform Act sections 202 and 205 do not apply to today's action
because they apply only to rules for which a general notice of
[[Page 66031]]
proposed rulemaking is published. Nevertheless, DOE has determined that
today's regulatory action does not impose a Federal mandate on State,
local, or tribal governments or on the public sector.
F. Treasury and General Government Appropriations Act, 1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any proposed rule that may affect family
well being. This rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
G. Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. DOE has examined this rule and has
determined that it would not preempt State law and would not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. No further
action is required by Executive Order 13132.
H. Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Executive agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. With regard to the review
required by section 3(a), section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
section 3(a) and section 3(b) to determine whether they are met or it
is unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this rule meets the relevant standards of Executive Order 12988.
I. Treasury and General Government Appropriations Act, 2001
The Treasury and General Government Appropriations Act, 2001 (44
U.S.C. 3516 note) provides for agencies to review most disseminations
of information to the public under guidelines established by each
agency pursuant to general guidelines issued by OMB. OMB's guidelines
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed
today's rule under the OMB and DOE guidelines and has concluded that it
is consistent with applicable policies in those guidelines.
J. Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001) requires Federal agencies to prepare and submit to the
OMB, a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use. Today's regulatory
action would not have a significant adverse effect on the supply,
distribution, or use of energy and is therefore not a significant
energy action. Accordingly, DOE has not prepared a Statement of Energy
Effects.
K. Congressional Notification
As required by 5 U.S.C. 801, DOE will submit to Congress a report
regarding the issuance of today's final rule prior to the effective
date set forth at the outset of this notice. The report will state that
it has been determined that the rule is not a ``major rule'' as defined
by 5 U.S.C. 801(2).
List of Subjects
10 CFR Part 207
Administrative practice and procedure, Energy, Penalties.
10 CFR Part 218
Administrative practice and procedure, Penalties, Petroleum
allocation.
10 CFR Part 430
Administrative practice and procedure, Energy conservation.
10 CFR Part 490
Administrative practice and procedure, Energy conservation,
Penalties.
10 CFR Part 501
Administrative practice and procedure, Electric power plants,
Energy conservation, Natural gas, Petroleum.
10 CFR Part 601
Government contracts, Grant programs, Loan programs, Penalties.
10 CFR Part 820
Administrative practice and procedure, Government contracts,
Penalties, Radiation protection.
10 CFR Part 824
Government contracts, Nuclear materials, Penalties, Security
measures.
10 CFR Part 851
Civil penalty, Hazardous substances, Occupational safety and
health, Safety, Reporting and recordkeeping requirements.
10 CFR Part 1013
Administrative practice and procedure, Claims, Fraud, Penalties.
10 CFR Part 1017
Administrative practice and procedure, Government contracts,
National Defense, Nuclear Energy, Penalties, Security measures.
[[Page 66032]]
10 CFR Part 1050
Decorations, medals, awards, Foreign relations, Government
employees, Government property, Reporting and recordkeeping
requirements.
Issued in Washington, DC, on December 8, 2009.
Scott Blake Harris,
General Counsel.
0
For the reasons set forth in the preamble, DOE amends chapters II, III,
and X of Chapter 10 of the Code of Federal Regulations as set forth
below.
PART 207--COLLECTION OF INFORMATION
0
1. The authority citation for part 207 continues to read as follows:
Authority: 15 U.S.C. 787 et seq.; 15 U.S.C. 791 et seq.; E.O.
11790, 39 FR 23185; 28 U.S.C. 2461 note.
0
2. Section 207.7 is amended by revising the first sentence of paragraph
(c)(1) to read as follows:
Sec. 207.7 Sanctions.
* * * * *
(c) Civil Penalties. (1) Any person who violates any provision of
this subpart or any order issued pursuant thereto shall be subject to a
civil penalty of not more than $4,000 for each violation. * * *
* * * * *
PART 218--STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION
0
3. The authority citation for part 218 continues to read as follows:
Authority: 15 U.S.C. 751 et seq.; 15 U.S.C. 787 et seq.; 42
U.S.C. 6201 et seq.; 42 U.S.C. 7101 et seq.; E.O. 11790, 39 FR
23185; E.O. 12009, 42 FR 46267; 28 U.S.C. 2461 note.
0
4. Section 218.42 is amended by revising paragraph (b)(1) to read as
follows:
Sec. 218.42 Sanctions.
* * * * *
(b) Penalties. (1) Any person who violates any provision of part
218 of this chapter or any order issued pursuant thereto shall be
subject to a civil penalty of not more than $8,000 for each violation.
* * * * *
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
5. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
6. Section 430.61 is amended by revising the first sentence of
paragraph (b) to read as follows:
Sec. 430.61 Prohibited acts.
* * * * *
(b) In accordance with section 333 of the Act, any person who
knowingly violates any provision of paragraph (a) of this section may
be subject to assessment of a civil penalty of no more than $200 for
each violation. * * *
PART 490--ALTERNATIVE FUEL TRANSPORTATION PROGRAM
0
7. The authority citation for part 490 continues to read as follows:
Authority: 42 U.S.C. 7191 et seq.; 42 U.S.C. 13201, 13211,
13220, 13251 et seq.
0
8. Section 490.604 is amended by revising paragraph (a) to read as
follows:
Sec. 490.604 Penalties and fines.
(a) Civil Penalties. Whoever violates Sec. 490.603 of this part
shall be subject to a civil penalty of not more than $8,000 for each
violation.
* * * * *
PART 501--ADMINISTRATIVE PROCEDURES AND SANCTIONS
0
9. The authority citation for part 501 continues to read as follows:
Authority: 42 U.S.C. 7101 et seq.; 42 U.S.C. 8301 et seq.; 42
U.S.C. 8701 et seq.; E.O. 12009, 42 FR 46267; 28 U.S.C. 2461 note.
0
10. Section 501.181 is amended by revising paragraph (c)(1) to read as
follows:
Sec. 501.181 Sanctions.
* * * * *
(c) Civil Penalties. (1) Any person who violates any provisions of
the Act (other than section 402) or any rule or order thereunder will
be subject to the following civil penalty, which may not exceed $40,000
for each violation: Any person who operates a powerplant or major fuel
burning installation under an exemption, during any 12-calendar-month
period, in excess of that authorized in such exemption will be assessed
a civil penalty of up to $3.30 for each MCF of natural gas or up to $20
for each barrel of oil used in excess of that authorized in the
exemption.
* * * * *
PART 601--NEW RESTRICTIONS ON LOBBYING
0
11. The authority citation for part 601 continues to read as follows:
Authority: 31 U.S.C. 1352; 42 U.S.C. 7254 and 7256; 31 U.S.C.
6301-6308; 28 U.S.C. 2461 note.
0
12. Section 601.400 is amended by revising paragraphs (a), (b) and (e)
to read as follows:
Sec. 601.400 Penalties.
(a) Any person who makes an expenditure prohibited herein shall be
subject to a civil penalty of not less than $15,000 and not more than
$150,000 for each such expenditure.
(b) Any person who fails to file or amend the disclosure form (see
appendix B) to be filed or amended if required herein, shall be subject
to a civil penalty of not less than $15,000 and not more than $150,000
for each such failure.
* * * * *
(e) First offenders under paragraphs (a) or (b) of this section
shall be subject to a civil penalty of $15,000, absent aggravating
circumstances. Second and subsequent offenses by persons shall be
subject to an appropriate civil penalty between $15,000 and $150,000,
as determined by the agency head or his or her designee.
* * * * *
0
13. Appendix A to part 601, is amended by:
0
a. Revising the last sentence, second undesignated paragraph, in
paragraph (3) of the section entitled, ``Certification for Contracts,
Grants, Loans, and Cooperative Agreements''; and
0
b. Revising the last sentence, second undesignated paragraph, in the
section entitled, ``Statement for Loan Guarantees and Loan Insurance.''
Appendix A to Part 601--Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative
Agreements
* * * * *
(3) * * *
* * * Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $15,000 and not
more than $150,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
* * * * *
* * * Any person who fails to file the required statement shall
be subject to a civil penalty of not less than $15,000 and not more
than $150,000 for each such failure.
PART 820--PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES
0
14. The authority citation for part 820 continues to read as follows:
Authority: 42 U.S.C. 2201; 2282(a); 7191; 28 U.S.C. 2461 note;
50 U.S.C. 2410.
[[Page 66033]]
0
15. Section 820.81 is amended by revising the first sentence to read as
follows:
Sec. 820.81 Amount of penalty.
Any person subject to a penalty under 42 U.S.C. 2282a shall be
subject to a civil penalty in an amount not to exceed $150,000 for each
such violation. * * *
PART 824--PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES
FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS
0
16. The authority citation for part 824 continues to read as follows:
Authority: 42 U.S.C. 2201, 2282b, 7101 et seq., 50 U.S.C. 2401
et seq.
0
17. Section 824.1 is amended by revising the second sentence to read as
follows:
Sec. 824.1 Purpose and scope.
* * * Subsection a. provides that any person who has entered into a
contract or agreement with the Department of Energy, or a subcontract
or subagreement thereto, and who violates (or whose employee violates)
any applicable rule, regulation or order under the Act relating to the
security or safeguarding of Restricted Data or other classified
information, shall be subject to a civil penalty not to exceed $110,000
for each violation. * * *
0
18. Section 824.4 is amended by revising paragraph (c) to read as
follows:
Sec. 824.4 Civil penalties.
* * * * *
(c) The Director may propose imposition of a civil penalty for
violation of a requirement of a regulation or rule under paragraph (a)
of this section or a compliance order issued under paragraph (b) of
this section, not to exceed $110,000 for each violation.
* * * * *
0
19. Appendix A to part 824 is amended by:
0
a. Revising the fourth and sixth sentences of paragraph 2.e., ``Civil
Penalty,'' in section VIII ``Enforcement Actions''; and
0
b. Revising the last sentence of paragraph 3.d., ``Adjustment
Factors,'' in section VIII titled ``Enforcement Actions''.
The revisions read as follows:
Appendix A to Part 824--General Statement of Enforcement Policy
* * * * *
VIII. Enforcement Actions
* * * * *
2. Civil Penalty
* * * * *
e. * * * In no instance will a civil penalty for any one
violation exceed the $110,000 statutory limit per violation. * * *
Thus, the per violation cap will not shield a DOE contractor that is
or should have been aware of an ongoing violation and has not
reported it to DOE and taken corrective action despite an
opportunity to do so from liability significantly exceeding
$110,000. * * *
* * * * *
3. Adjustment Factors
* * * * *
d. * * * Based on the degree of such factors, DOE may escalate
the amount of civil penalties up to the statutory maximum of
$110,000 per violation per day for continuing violations.
* * * * *
PART 851--WORKER SAFETY AND HEALTH PROGRAM
0
20. The authority citation for part 851 continues to read as follows:
Authority: 42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42
U.S.C. 5801 et seq.; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.
0
21. Section 851.5 is amended by revising the first sentence of
paragraph (a) to read as follows:
Sec. 851.5 Enforcement.
(a) A contractor that is indemnified under section 170d. of the AEA
(or any subcontractor or supplier thereto) and that violates (or whose
employee violates) any requirement of this part shall be subject to a
civil penalty of up to $75,000 for each such violation. * * *
* * * * *
0
22. Appendix B to part 851 is amended by:
0
a. Revising the last sentences of paragraphs (b)(1) and (b)(2) in
section VI;
0
b. Revising paragraph 1.(e)(1) in section IX ; and
0
c. Revising the fourth sentence in paragraph 2.(f) in section IX.
The revisions read as follows:
Appendix B to Part 851--General Statement of Enforcement Policy
* * * * *
VI. Severity of Violations
(b) * * *
(1) * * * A Severity Level I violation would be subject to a
base civil penalty of up to 100% of the maximum base civil penalty
of $75,000.
(2) * * * A Severity Level II violation would be subject to a
base civil penalty up to 50% of the maximum base civil penalty
($37,500).
* * * * *
IX. Enforcement Actions
* * * * *
1. Notice of Violation
* * * * *
(e) * * *
(1) DOE may assess civil penalties of up to $75,000 per
violation per day on contractors (and their subcontractors and
suppliers) that are indemnified by the Price-Anderson Act, 42 U.S.C.
2210(d). See 10 CFR 851.5(a).
* * * * *
2. Civil Penalty
* * * * *
(f) * * * In no instance will a civil penalty for any one
violation exceed the statutory limit of $75,000 per day. * * *
* * * * *
PART 1013--PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES
0
23. The authority citation for part 1013 continues to reads as follows:
Authority: 31 U.S.C. 3801-3812; 28 U.S.C. 2461 note.
0
24. Section 1013.3 is amended by revising paragraphs (a)(1)(iv) and
(b)(1)(ii) to read as follows:
Sec. 1013.3 Basis for civil penalties and assessments.
(a) * * *
(1) * * *
(iv) Is for payment for the provision of property or services which
the person has not provided as claimed, shall be subject, in addition
to any other remedy that may be prescribed by law, to a civil penalty
of not more than $8,000 for each such claim.
* * * * *
(b) * * *
(1) * * *
(ii) Contains or is accompanied by an express certification or
affirmation of the truthfulness and accuracy of the contents of the
statement, shall be subject, in addition to any other remedy that may
be prescribed by law, to a civil penalty of not more than $8,000 for
each such statement.
* * * * *
PART 1017--IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED
NUCLEAR INFORMATION
0
25. The authority citation for part 1017 continues to read as follows:
Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 42
U.S.C. 2168; 28 U.S.C. 2461.
0
26. Section 1017.29 is amended by revising paragraph (c) to read as
follows:
Sec. 1017.29 Civil penalty.
* * * * *
[[Page 66034]]
(c) Amount of penalty. The Director may propose imposition of a
civil penalty for violation of a requirement of a regulation under
paragraph (a) of this section or a compliance order issued under
paragraph (b) of this section, not to exceed $150,000 for each
violation.
* * * * *
PART 1050--FOREIGN GIFTS AND DECORATIONS
0
27. The authority citation for part 1050 continues to read as follows:
Authority: The Constitution of the United States, Article I,
Section 9; 5 U.S.C. 7342; 22 U.S.C. 2694; 42 U.S.C. 7254 and 7262;
28 U.S.C. 2461 note.
0
28. Section 1050.303 is amended by revising the last sentence in
paragraph (d) to read as follows:
Sec. 1050.303 Enforcement.
* * * * *
(d) * * * The court in which such action is brought may assess a
civil penalty against such employee in any amount not to exceed the
retail value of the gift improperly solicited or received plus $8,000.
[FR Doc. E9-29667 Filed 12-11-09; 8:45 am]
BILLING CODE 6450-01-P