SEC. 1176. General penalty for failure to comply with requirements and standards
Title[ Title II\Subtitle F\Sec. 262 Contents
Sec. 1176. (a) General <<NOTE: 42 USC 1320d-5.>> Penalty.--
``(1) In general.--Except as provided in subsection (b), 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 1128A (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 1128A.
``(b) Limitations.--
``(1) Offenses otherwise punishable.--A penalty may not be
imposed under subsection (a) with respect to an act if the act
constitutes an offense punishable under section 1177.
``(2) Noncompliance not discovered.--A penalty may not be
imposed under subsection (a) 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) 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) 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.
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