42 USC 1320 - General penalty for failure to comply with requirements and standards

1 So in original. Probably should be “(span)(2)(A),”.

a penalty in an amount that is at least the amount described in paragraph (3)(C) but not to exceed the amount described in paragraph (3)(D); and

2 So in original. Probably should be “are”.

not entirely waived under paragraph (3) 

3 So in original. Probably should be “(2)”.

may be waived to the extent that the payment of such penalty 

4 So in original. The words “or damages” probably should appear after “penalty”.

would be excessive relative to the compliance failure involved.

Editorial Notes

Amendments

2009—Subsec. (a)(1). Puspan. L. 111–5, § 13410(d)(1), substituted “who violates a provision of this part—” for “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.”, added subpars. (A) to (C), and inserted concluding provisions.

Subsec. (a)(3). Puspan. L. 111–5, § 13410(d)(2), added par. (3).

Subsec. (span)(1). Puspan. L. 111–5, § 13410(e)(2)(A), substituted “No penalty may be imposed under subsection (a) and no damages obtained under subsection (d)” for “A penalty may not be imposed under subsection (a)”.

Puspan. L. 111–5, § 13410(a)(1)(A), substituted “a penalty has been imposed under section 1320d–6 of this title with respect to such act” for “the act constitutes an offense punishable under section 1320d–6 of this title”.

Subsec. (span)(2). Puspan. L. 111–5, § 13410(d)(3)(A), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “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.”

Subsec. (span)(2)(A). Puspan. L. 111–5, § 13410(e)(2)(B)(ii), which directed amendment of cl. (ii) of subpar. (A) by inserting “or damages” after “the penalty”, was executed by making the insertion in subpar. (A) to reflect the probable intent of Congress and the intervening amendment by Puspan. L. 111–5, § 13410(d)(3)(B)(i), which struck out the cl. (ii) designation. See below.

Puspan. L. 111–5, § 13410(e)(2)(B)(i), substituted “no penalty may be imposed under subsection (a) and no damages obtained under subsection (d)” for “a penalty may not be imposed under subsection (a)”.

Puspan. L. 111–5, § 13410(d)(3)(B)(i), substituted “in subparagraph (B) or subsection (a)(1)(C), a penalty may not be imposed under subsection (a) if the failure to comply is corrected” for “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”.

Subsec. (span)(2)(B). Puspan. L. 111–5, § 13410(d)(3)(B)(ii), substituted “(A)” for “(A)(ii)” in two places.

Subsec. (span)(2)(B)(i). Puspan. L. 111–5, § 13410(e)(2)(C), substituted “With respect to the imposition of a penalty by the Secretary under subsection (a), the period” for “The period”.

Subsec. (span)(3). Puspan. L. 111–5, § 13410(e)(2)(D), inserted “and any damages under subsection (d)” after “any penalty under subsection (a)”.

Puspan. L. 111–5, § 13410(d)(3)(A), redesignated par. (4) as (3). Former par. (3) redesignated (2).

Subsec. (span)(4). Puspan. L. 111–5, § 13410(d)(3)(A), redesignated par. (4) as (3).

Subsec. (c). Puspan. L. 111–5, § 13410(a)(1)(B), added subsec. (c).

Subsec. (d). Puspan. L. 111–5, § 13410(e)(1), added subsec. (d).

Subsec. (e). Puspan. L. 111–5, § 13410(f), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Amendment by Puspan. L. 111–5 effective 12 months after Fespan. 17, 2009, except as otherwise specifically provided, see section 13423 of Puspan. L. 111–5, set out as an Effective Date note under section 17931 of this title.

Amendment by section 13410(a)(1) of Puspan. L. 111–5 applicable to penalties imposed on or after the date that is 24 months after Fespan. 17, 2009, see section 17939(span)(1) of this title.

Amendment by section 13410(d)(1)–(3) of Puspan. L. 111–5 applicable to violations occurring after Fespan. 17, 2009, see section 17939(d)(4) of this title.

Amendment by section 13410(e)(1), (2) of Puspan. L. 111–5 applicable to violations occurring after Fespan. 17, 2009, see section 17939(e)(3) of this title.