[Code of Federal Regulations]

[Title 10, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 10CFR824.4]



[Page 513]

 

                            TITLE 10--ENERGY

 

                    CHAPTER III--DEPARTMENT OF ENERGY

 

PART 824_PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES FOR 

CLASSIFIED INFORMATION SECURITY VIOLATIONS--Table of Contents

 

Sec. 824.4  Civil penalties.



    (a) Any person who violates a classified information protection 

requirement of any of the following is subject to a civil penalty under 

this part:

    (1) 10 CFR part 1016--Safeguarding of Restricted Data;

    (2) 10 CFR part 1045--Nuclear Classification and Declassification; 

or

    (3) Any other DOE regulation or rule (including any DOE order or 

manual enforceable against the contractor or subcontractor under a 

contractual provision in that contractor's or subcontractor's contract) 

related to the safeguarding or security of classified information if the 

regulation or rule provides that violation of its provisions may result 

in a civil penalty pursuant to subsection a. of section 234B. of the 

Act.

    (b) If, without violating a classified information protection 

requirement of any regulation or rule under paragraph (a) of this 

section, a person by an act or omission causes, or creates a risk of, 

the loss, compromise or unauthorized disclosure of classified 

information, the Secretary may issue a compliance order to that person 

requiring the person to take corrective action and notifying the person 

that violation of the compliance order is subject to a notice of 

violation and assessment of a civil penalty. If a person wishes to 

contest the compliance order, the person must file a notice of appeal 

with the Secretary within 15 days of receipt of the compliance order.

    (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 $100,000 for each violation.

    (d) If any violation is a continuing one, each day of such violation 

shall constitute a separate violation for the purpose of computing the 

applicable civil penalty.

    (e) The Director may enter into a settlement, with or without 

conditions, of an enforcement proceeding at any time if the settlement 

is consistent with the objectives of DOE's classified information 

protection requirements.



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