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Environmental Protection Agency § 34.600 (d) Requirements imposed by or Pur- gravating circumstances . Second and suant to law as a condition for receiv- subsequent offenses by persons shall be ing a covered Federal award include subject to an appropriate civil penalty those required by law or regulation. , or between 510 , 000 and $ 100 . 000 , as deter - reasonably expected to be required by mined by the agency head or his or her law or regulation, and any othe,- re- designee . quirements in the actual award docu • (f) An imposition of a civil penalty ments . under this section does not prevent. the (e) Persons other than officers or em - United States from seeking any other ployees of a person requesting or re- remedy that may apply to the same ceiving a covered Federal action in- conduct that is the basis for the impo- clude consultants and trade associa- sition of such civil penalty . tions . (f) Only those services expressly au - 34 .405 Penalty procedures, thorized by this section are allowable Agencies shall impose under this section g Pose and collect civil penalties pursuant to the prov) - Subpart D—Penatfies and sions of the Program Fraud and Civil Enforcement Remedies .Act , 31. U . S . C . 3803 (except subsection (c) ) , 3804 , 3805 , 3806 , 3807 , 634.400 Penalties. 3808 , and 3812 , insofar as these provi - sions are not inconsistent with the re- (a) Any person who makes an expend - quiremenrs herein , iture prohibited herein shall be subject to a civil penalty of not less than 34,410 Enforcement. $ 10 , 000 and not more than $ 100 ,000 for The head of each agency shall take each such expenditure . g (b) Any person who fails to file or such actions as are necessary to ensure amend the disclosure form (see appen - that the provisions herein are vigor- dix $) to be filed or amended if re - ously implemented and enforced in quired herein , shall be subject to a civil that agency . penalty of not less than, $ 10 , 000 and not more than 31. 00 ,000 for each such fail - Subpart E- Exempfions ure . (c) A filing or amended filing on or f 34.500 Secretary of Defense. after the date on which an administra- (a) The Secretary of Defense may ex- tive action for the imposition of a civil. empt , on a case-by- case basis , a cov- penalty is commenced does not prevent ered Federal action from the prohibi- the imposition of such civil penalty for tion whenever the Secretary deter- a failure occurring before that date . An mines , in writing , that such an exemp- administrative action is commenced tion is in the national interest . The with respect to a failure when an inves- Secretary shall transmit a copy of each tigating official determines in writing such written exemption to Congress to commence an investigation of an al- immediately after making such a de - legation of such failure , termination. (d ) In determining whether to impose (b) The Department of Defense may a civil penalty , and the amount of any issue supplemental regulations to im- such penalty , by reason of a violation plement paragraph (a) of this section , by any person , the agency shall con- sider the nature , circumstances , ex- tent , and gravity of the violation , the Subpart F—Agency Reports effect on the ability of such person to # 34.800 Semiannual compilation. continue in business . any prior viola - tions by such person, the degree of cul - (a) The head of each agency shall col - pability of such person , the ability of lett and compile the disclosure reports the person to pay the penalty , and such ( see appendix B) and , on May 31 and other matters as may be appropriate . November 30 of each year , submit to (e) First offenders under paragraphs the Secretary of the Senate and the (a) or (b) of this section shall be subject Clerk of the House of Representatives a to a civil penalty of $ 10,000 , absent ag- report containing a compilation of the 415