21.400—Penalties.
(a)
Any person who makes an expenditure
prohibited herein shall be subject to a civil
penalty of not less than $10,000 and not more than
$100,000 for each such expenditure.
(b)
Any person who fails to file or amend the
disclosure form (see Appendix B) to be filed or
amended if required herein, shall be subject to a
civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(c)
A filing or amended filing on or after the
date on which an administrative action for the
imposition of a civil penalty is commenced does
not prevent the imposition of such civil penalty
for a failure occurring before that date. An
administrative action is commenced with respect to
a failure when an investigating official
determines in writing to commence an investigation
of an allegation of such failure.
(d)
In determining whether to impose a civil
penalty, and the amount of any such penalty, by
reason of a violation by any person, the agency
shall consider the nature, circumstances, extent,
and gravity of the violation, the effect on the
ability of such person to continue in business,
any prior violations by such person, the degree of
culpability of such person, the ability of the
person to pay the penalty, and such other matters
as may be appropriate.
(e)
First offenders under paragraphs (a) or (b)
of this section shall be subject to a civil
penalty of $10,000, absent aggravating
circumstances. Second and subsequent offenses by
persons shall be subject to an appropriate civil
penalty between $10,000 and $100,000, as
determined by the agency head or his or her
designee.
(f)
An imposition of a civil penalty under this
section does not prevent the United States from
seeking any other remedy that may apply to the
same conduct that is the basis for the imposition
of such civil penalty.