Page:United States Statutes at Large Volume 103 Part 2.djvu/1008

 103 STAT. 2018 PUBLIC LAW 101-235—DEC. 15, 1989 Secretary a detailed report of all money received and expended by the registrant during the preceding year in carrying out the work, including information as to whom money was paid, and for what purposes. "(2) MINIMUM DOLLAR REQUIREMENT.—The requirements of the last sentence of paragraph (1) shall not apply with respect to any calendar year to any person whose total compensation for attempting to influence a decision with respect to assistance within the jurisdiction of the Department or a management action with respect to such assistance is less than $10,000 in such year. Federal Register, "(3) PUBLICATiON OP INFORMATION. - The Secretary shall com- publication. pjig jQi registration information as soon as practicable after the close of the calendar year with respect to which the information is filed and shall publish it annually as a notice in the Federal Register. "(d) CIVIL MONEY PENALTIES. — "(1) AUTHORITY.—Whenever any person knowingly fails to file a report required under subsection 0>), or any person knowingly fails to register and file a report required under subsection (c), the Secretary may impose a civil money penalty on that person in accordance with the provisions of this subsection. The pen- alty shall be in addition to any other available civil remedy or any available criminal penalty, and may be imposed whether or not the Secretary imposes other administrative sanctions. "(2) AMOUNT OP PENALTY. —TT ie amount of the penalty, as determined by the Secretary, shall not exceed the greater of— "(A) $10,000 for each violation; or "(B) the total amount received for any services performed for any applicant to which the violation under paragraph (1) relates. "(3) FACTORS IN DETERMINING AMOUNT OP PENALTY. —In deter- mining the amount of a penalty under this subsection, consider- ation shall be given to such factors as the gravity of the offense, any history of prior offenses (including offenses occurring before enactment of this section), ability to pay the penalty, injury to the public, benefits received, deterrence of future violations, and such other factors as the Secretary may determine in regulations to be appropriate. (4) AGENCY PROCEDURES. — "(A) ESTABLISHMENT.—The Secretary shall estoblish standards and procedures governing the imposition of civil money penalties under paragraph (1). These stondards and procedures shall— "(i) provide for the Secretary or other department official to make the determination to impose the pen- alty or for use of an administrative entity to make the determination; "(ii) provide for the imposition of a penalty only after the person has been given an opportunity for a hearing on the record; and "(iii) provide for review of any determination or order, or interlocutory ruling, arising from a hearing. "(B) FINAL ORDERS.—If no hearing is requested within 15 days of receipt of the notice of opportunity for hearing, the imposition of the penalty shall constitute a final and unappealable determination. If the Secretary reviews the

�