(1) In general
Except as provided in subsection
(b) of this section, the Secretary shall impose on any person who
violates a provision of this part a penalty of not more than $100
for each such violation, except that the total amount imposed on the
person for all violations of an identical requirement or prohibition
during a calendar year may not exceed $25,000.
(2) Procedures
The provisions of section
1320a-7a of this title (other than subsections (a) and (b) and the
second sentence of subsection (f)) shall apply to the imposition of
a civil money penalty under this subsection in the same manner as
such provisions apply to the imposition of a penalty under such section
1320a-7a of this title.
(1) Offenses otherwise
punishable
A penalty may not be imposed
under subsection (a) of this section with respect to an act if the
act constitutes an offense punishable under section 1320d-6 of this
title.
(2) Noncompliance not
discovered
A penalty may not be imposed
under subsection (a) of this section with respect to a provision of
this part if it is established to the satisfaction of the Secretary
that the person liable for the penalty did not know, and by exercising
reasonable diligence would not have known, that such person violated
the provision.
(3) Failures due to
reasonable cause
(A) In general
Except as provided in
subparagraph (B), a penalty may not be imposed under subsection
(a) of this section if-- (i) the failure to comply was due to reasonable
cause and not to willful neglect; and (ii) the failure to comply
is corrected during the 30- day period beginning on the first date
the person liable for the penalty knew, or by exercising reasonable
diligence would have known, that the failure to comply occurred.
(B) Extension of period
(i) No penalty
The period referred
to in subparagraph (A)(ii) may be extended as determined appropriate
by the Secretary based on the nature and extent of the failure
to comply. (ii) Assistance
If the Secretary determines
that a person failed to comply because the person was unable to
comply, the Secretary may provide technical assistance to the
person during the period described in subparagraph (A)(ii). Such
assistance shall be provided in any manner determined appropriate
by the Secretary.
(4) Reduction
In the case of a failure
to comply which is due to reasonable cause and not to willful neglect,
any penalty under subsection (a) of this section that is not entirely
waived under paragraph (3) may be waived to the extent that the payment
of such penalty would be excessive relative to the compliance failure
involved.