Inflation Adjustment of Civil Monetary Penalties, 16-20 [2013-31326]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Rules and Regulations]
[Pages 16-20]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31326]


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DEPARTMENT OF ENERGY

10 CFR Parts 218, 431, 490, 601, 820, 824, 851, 1013, 1017, and 
1050

RIN 1990-AA43


Inflation Adjustment of Civil Monetary Penalties

AGENCY: Office of the General Counsel, U.S. Department of Energy.

ACTION: Final rule.

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SUMMARY: The Department of Energy (``DOE'') today publishes this final 
rule to adjust DOE's civil monetary penalties (``CMPs'') for inflation 
as mandated by the Debt Collection Improvement Act of 1996. This rule 
adjusts CMPs within the jurisdiction of DOE to the maximum extent 
allowed by the Federal Civil Penalties Inflation Adjustment Act of 
1990, as amended by the Debt Collection Improvement Act of 1996.

DATES: This rule is effective February 3, 2014.

FOR FURTHER INFORMATION CONTACT: Preeti Chaudhari, U.S. Department of 
Energy, Office of the General Counsel, GC-71, 1000 Independence Avenue 
SW., Washington, DC 20585, (202) 586-8078.

SUPPLEMENTARY INFORMATION:
I. Background
II. Method of Calculation
III. Summary of Final Rule
IV. Final Rulemaking
V. Regulatory Review

I. Background

    In order to preserve the deterrent effect of civil penalties and 
foster compliance with the law, the Federal Civil Penalties Inflation 
Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by the Debt 
Collection Improvement Act of 1996 (Pub. L. 104-134) (``the Act''), 
requires Federal agencies to regularly adjust each CMP provided by law 
within the jurisdiction of the agency. Also, the Act in part requires 
each agency to make further adjustments at least once every four years.
    The Act provides that any increase in a CMP due to the calculated 
inflation adjustments shall apply only to violations that occur after 
the date the increase takes effect and states that the initial 
inflation adjustment may not exceed 10 percent of the existing penalty.

II. Method of Calculation

    Under the Act, the inflation adjustment for each applicable CMP is 
determined by increasing the maximum civil penalty amount per violation 
by the cost-of-living adjustment. The ``cost-of-living'' adjustment is 
defined as the amount by which the Consumer Price Index (CPI) for the 
month of June of the calendar year preceding the adjustment exceeds the 
CPI for the month of June of the year in which the amount of such civil 
penalty was last set or adjusted pursuant to law. Any calculated 
increase under this adjustment is rounded to the nearest--
    (1) Multiple of $10 in the case of penalties less than or equal to 
$100;
    (2) Multiple of $100 in the case of penalties greater than $100 but 
less than or equal to $1,000;
    (3) Multiple of $1,000 in the case of penalties greater than $1,000 
but less than or equal to $10,000;

[[Page 17]]

    (4) Multiple of $5,000 in the case of penalties greater than 
$10,000 but less than or equal to $100,000;
    (5) Multiple of $10,000 in the case of penalties greater than 
$100,000 but less than or equal to $200,000; and
    (6) Multiple of $25,000 in the case of penalties greater than 
$200,000.
    28 U.S.C. 2461 note, sec. 5.

III. Summary of Final Rule

    The following list summarizes the existing DOE regulations 
containing civil monetary penalties, and the penalties before and after 
adjustment. In some cases, the penalties remained the same after 
adjustment as before adjustment.

----------------------------------------------------------------------------------------------------------------
 DOE regulation containing civil monetary
                 penalty                         Before adjustment                   After adjustment
----------------------------------------------------------------------------------------------------------------
10 CFR 207.7.............................  $4,000......................  $4,000
10 CFR 218.42............................  $8,000......................  $9,000
10 CFR 429.120 (formerly 10 CFR 430.61)..  $200........................  $200
10 CFR 431.382 (formerly 10 CFR 431.122    $110........................  $200
 and 10 CFR 431.191).
10 CFR 490.604...........................  $8,000......................  $9,000
10 CFR 501.181(c)........................  --$40,000...................  --$40,000
                                           --3.3/mcf...................  --3.3/mcf
                                           --20/bbl....................  --20/bbl
10 CFR 601.400 and App A.................  --minimum $15,000...........  --minimum $15,000
                                           --maximum $150,000..........  --maximum $160,000.
10 CFR 820.81 \1\........................  $150,000....................  $160,000
10 CFR 824.1 and App A...................  $110,000....................  $120,000
10 CFR 824.4 and App A...................  $110,000....................  $120,000
10 CFR 851.5 and App B \2\...............  $75,000.....................  $80,000
10 CFR 1013.3............................  $8,000......................  $9,000
10 CFR 1017.29...........................  $150,000....................  $160,000
10 CFR 1050.303..........................  $8,000......................  $9,000
----------------------------------------------------------------------------------------------------------------
\1\ The civil penalties under this section and 10 CFR 851.5 encompass the civil penalty authorized by 50 U.S.C.
  2731 (formerly 42 U.S.C. 7274d). Title 50 U.S.C. 2731 establishes a maximum civil penalty of $5,000 per day
  for failure of any DOE contractor to provide specified training to individuals it employs who are engaged in
  hazardous substance response or emergency response at DOE nuclear weapons facilities or for failure to certify
  to DOE that such employees are adequately trained pursuant to orders issued by DOE relating to employee safety
  training. In 2009, the maximum civil penalty amount was adjusted to $5,500 for each day of a violation. In
  corresponding guidance, DOE is today adjusting the civil penalty to a maximum of $6,000 for each day a
  violation occurs. The adjusted civil penalty is well under the maximum civil penalty provided under 10 CFR
  820.81 and 10 CFR 851.5. This footnote shall not be construed as limiting DOE's discretion to impose civil
  penalties for violations of training requirements contained in DOE's Nuclear Safety Requirements or 10 CFR
  Part 851, including training requirements relating to hazardous substance response or emergency response at
  DOE's nuclear weapons facilities.
\2\ See footnote 1.

IV. Final Rulemaking

    In accordance with 5 U.S.C. 553(b), the Administrative Procedure 
Act, DOE generally publishes a rule in a proposed form and solicits 
public comment on it before issuing the rule in final. However, 5 
U.S.C. 553(b)(B) provides an exception to the public comment 
requirement if the agency finds good cause to omit advance notice and 
public participation. Good cause is shown when public comment is 
``impracticable, unnecessary, or contrary to the public interest.''
    DOE finds that providing an opportunity for public comment prior to 
publication of this rule is not necessary because DOE is carrying out a 
ministerial, non-discretionary duty specified in an Act of Congress. 
This rule incorporates requirements specifically set forth in 28 U.S.C. 
2461 note requiring DOE to issue a regulation implementing inflation 
adjustments for all its civil penalty provisions. The formula for the 
amount of the penalty adjustment is prescribed by Congress. Prior 
notice and opportunity to comment are therefore unnecessary in this 
case because these changes are not subject to the exercise of 
discretion by DOE. These technical changes, required by law, do not 
substantively alter the existing regulatory framework nor in any way 
affect the terms under which DOE assesses civil penalties.

V. Regulatory Review

A. Executive Order 12866

    Today's rule has been determined not to be a significant regulatory 
action under Executive Order 12866, ``Regulatory Planning and Review,'' 
58 FR 51735 (October 4, 1993). Accordingly, this action was not subject 
to review under that Executive Order by the Office of Information and 
Regulatory Affairs of the Office of Management and Budget.

B. National Environmental Policy Act

    DOE has determined that this final rule is covered under the 
Categorical Exclusion found in DOE's National Environmental Policy Act 
regulations at paragraph A5 of Appendix A to Subpart D, 10 CFR part 
1021, which applies to a rulemaking that amends an existing rule or 
regulation and that does not change the environmental effect of the 
rule or regulation being amended. Accordingly, neither an environmental 
assessment nor an environmental impact statement is required.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment. As discussed above, 
DOE has determined that prior notice and opportunity for public comment 
is unnecessary. In accordance with 5 U.S.C. 604(a), no regulatory 
flexibility analysis has been prepared for today's rule.

D. Paperwork Reduction Act

    This final rule imposes no new information collection requirements 
subject to the Paperwork Reduction Act.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally 
requires Federal agencies to examine closely the impacts of regulatory 
actions on State, local, and tribal governments. Section 201 excepts 
agencies from assessing effects on State, local or tribal governments 
or the private sector of rules that incorporate requirements

[[Page 18]]

specifically set forth in law. Because this rule incorporates 
requirements specifically set forth in 28 U.S.C. 2461 note, DOE is not 
required to assess its regulatory effects under Section 201. Unfunded 
Mandates Reform Act sections 202 and 205 do not apply to today's action 
because they apply only to rules for which a general notice of proposed 
rulemaking is published. Nevertheless, DOE has determined that today's 
regulatory action does not impose a Federal mandate on State, local, or 
tribal governments or on the public sector.

F. Treasury and General Government Appropriations Act, 1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any proposed rule that may affect family 
well being. This rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

G. Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have federalism 
implications. Agencies are required to examine the constitutional and 
statutory authority supporting any action that would limit the 
policymaking discretion of the States and carefully assess the 
necessity for such actions. DOE has examined this rule and has 
determined that it would not preempt State law and would not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. No further 
action is required by Executive Order 13132.

H. Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
Executive agencies the general duty to adhere to the following 
requirements: (1) Eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; and (3) provide a clear legal 
standard for affected conduct rather than a general standard and 
promote simplification and burden reduction. With regard to the review 
required by section 3(a), section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation: (1) Clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
section 3(a) and section 3(b) to determine whether they are met or it 
is unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
this rule meets the relevant standards of Executive Order 12988.

I. Treasury and General Government Appropriations Act, 2001

    The Treasury and General Government Appropriations Act, 2001 (44 
U.S.C. 3516 note) provides for agencies to review most disseminations 
of information to the public under guidelines established by each 
agency pursuant to general guidelines issued by OMB. OMB's guidelines 
were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines 
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed 
today's rule under the OMB and DOE guidelines and has concluded that it 
is consistent with applicable policies in those guidelines.

J. Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001) requires Federal agencies to prepare and submit to the 
OMB, a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that: (1) Is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy, or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use. Today's regulatory 
action would not have a significant adverse effect on the supply, 
distribution, or use of energy and is therefore not a significant 
energy action. Accordingly, DOE has not prepared a Statement of Energy 
Effects.

K. Congressional Notification

    As required by 5 U.S.C. 801, DOE will submit to Congress a report 
regarding the issuance of today's final rule prior to the effective 
date set forth at the outset of this notice. The report will state that 
it has been determined that the rule is not a ``major rule'' as defined 
by 5 U.S.C. 801(2).

List of Subjects

10 CFR Part 218

    Administrative practice and procedure, Penalties, Petroleum 
allocation.

10 CFR Part 431

    Administrative practices and procedure, Confidential business 
information, Energy conservation, Reporting and recordkeeping 
requirements.

10 CFR Part 490

    Administrative practice and procedure, Energy conservation, 
Penalties.

10 CFR Part 601

    Government contracts, Grant programs, Loan programs, Penalties.

10 CFR Part 820

    Administrative practice and procedure, Government contracts, 
Penalties, Radiation protection.

10 CFR Part 824

    Government contracts, Nuclear materials, Penalties, Security 
measures.

10 CFR Part 851

    Civil penalty, Hazardous substances, Occupational safety and 
health, Safety, Reporting and recordkeeping requirements.

10 CFR Part 1013

    Administrative practice and procedure, Claims, Fraud, Penalties.

10 CFR Part 1017

    Administrative practice and procedure, Government contracts, 
National Defense, Nuclear Energy, Penalties, Security measures.

[[Page 19]]

10 CFR Part 1050

    Decorations, medals, awards, Foreign relations, Government 
employees, Government property, Reporting and recordkeeping 
requirements.

    Issued in Washington, DC, on December 13, 2013.
Eric J. Fygi,
Deputy General Counsel.
    For the reasons set forth in the preamble, DOE amends chapters II, 
III, and X of title 10 of the Code of Federal Regulations as set forth 
below.

PART 218--STANDBY MANDATORY INTERNATIONAL OIL ALLOCATION

0
1. The authority citation for part 218 continues to read as follows:

    Authority: 15 U.S.C. 751 et seq.; 15 U.S.C. 787 et seq.; 42 
U.S.C. 6201 et seq.; 42 U.S.C. 7101 et seq.; E.O. 11790, 39 FR 
23185; E.O. 12009, 42 FR 46267; 28 U.S.C. 2461 note.


0
2. Section 218.42 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  218.42  Sanctions.

* * * * *
    (b) Penalties. (1) Any person who violates any provision of part 
218 of this chapter or any order issued pursuant thereto shall be 
subject to a civil penalty of not more than $9,000 for each violation.
* * * * *

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
3. The authority citation for part 431 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317.

0
4. Section 431.382 is amended by revising paragraph (b) to read as 
follows:


Sec.  431.382  Prohibited acts.

* * * * *
    (b) In accordance with sections 333 and 345 of the Act, any person 
who knowingly violates any provision of paragraph (a) of this section 
may be subject to assessment of a civil penalty of no more than $200 
for each violation.
* * * * *

PART 490--ALTERNATIVE FUEL TRANSPORTATION PROGRAM

0
5. The authority citation for part 490 continues to read as follows:

    Authority:  42 U.S.C. 7191 et seq.; 42 U.S.C. 13201, 13211, 
13220, 13251 et seq.


0
6. Section 490.604 is amended by revising paragraph (a) to read as 
follows:


Sec.  490.604  Penalties and Fines.

    (a) Civil Penalties. Whoever violates Sec.  490.603 of this part 
shall be subject to a civil penalty of not more than $9,000 for each 
violation.
* * * * *

PART 601--NEW RESTRICTIONS ON LOBBYING

0
7. The authority citation for part 601 continues to read as follows:

    Authority:  31 U.S.C. 1352; 42 U.S.C. 7254 and 7256; 31 U.S.C. 
6301-6308; 28 U.S.C. 2461 note.


0
8. Section 601.400 is amended by revising paragraphs (a), (b) and (e) 
to read as follows:


Sec.  601.400  Penalties.

    (a) Any person who makes an expenditure prohibited herein shall be 
subject to a civil penalty of not less than $15,000 and not more than 
$160,000 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 $15,000 and not more than $160,000 
for each such failure.
* * * * *
    (e) First offenders under paragraphs (a) or (b) of this section 
shall be subject to a civil penalty of $15,000, absent aggravating 
circumstances. Second and subsequent offenses by persons shall be 
subject to an appropriate civil penalty between $15,000 and $160,000, 
as determined by the agency head or his or her designee.
* * * * *

0
9. Appendix A to part 601 is amended by:
0
a. Revising the last sentence of the undesignated paragraph following 
paragraph (3) of the section entitled, ``Certification for Contracts, 
Grants, Loans, and Cooperative Agreements''; and
0
b. Revising the last sentence of the last undesignated paragraph, in 
the section entitled, ``Statement for Loan Guarantees and Loan 
Insurance''.
    The revisions read as follows:

Appendix A to Part 601--Certification Regarding Lobbying

Certification for Contracts, Grants, Loans, and Cooperative Agreements

* * * * *
    (3) * * *
    * * * Any person who fails to file the required certification 
shall be subject to a civil penalty of not less than $15,000 and not 
more than $160,000 for each such failure.

Statement for Loan Guarantees and Loan Insurance

* * * * *
    * * * Any person who fails to file the required statement shall 
be subject to a civil penalty of not less than $15,000 and not more 
than $160,000 for each such failure.

PART 820--PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES

0
10. The authority citation for part 820 continues to read as follows:

    Authority:  42 U.S.C. 2201; 2282(a); 7191; 28 U.S.C. 2461 note; 
50 U.S.C. 2410.


0
11. Section 820.81 is amended by revising the first sentence to read as 
follows:


Sec.  820.81  Amount of penalty.

    Any person subject to a penalty under 42 U.S.C. 2282a shall be 
subject to a civil penalty in an amount not to exceed $160,000 for each 
such violation. * * *

PART 824--PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES 
FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS

0
12. The authority citation for part 824 continues to read as follows:

    Authority:  42 U.S.C. 2201, 2282b, 7101 et seq., 50 U.S.C. 2401 
et seq.


0
13. Section 824.1 is amended by revising the second sentence to read as 
follows:


Sec.  824.1  Purpose and scope.

    * * * Subsection a. provides that any person who has entered into a 
contract or agreement with the Department of Energy, or a subcontract 
or subagreement thereto, and who violates (or whose employee violates) 
any applicable rule, regulation or order under the Act relating to the 
security or safeguarding of Restricted Data or other classified 
information, shall be subject to a civil penalty not to exceed $120,000 
for each violation. * * *

0
14. Section 824.4 is amended by revising paragraph (c) to read as 
follows:


Sec.  824.4  Civil penalties.

* * * * *
    (c) The Director may propose imposition of a civil penalty for 
violation of a requirement of a regulation or rule under paragraph (a) 
of this section or a compliance order issued under paragraph (b) of 
this section, not to exceed $120,000 for each violation.
* * * * *

0
15. Appendix A to part 824 is amended by:

[[Page 20]]

0
a. Revising the fourth and sixth sentences of paragraph 2.e., ``Civil 
Penalty,'' in section VIII entitled ``Enforcement Actions''; and
0
b. Revising the last sentence of paragraph 3.d., ``Adjustment 
Factors,'' in section VIII entitled ``Enforcement Actions''.
    The revisions read as follows:

Appendix A to Part 824--General Statement of Enforcement Policy

* * * * *

VIII. Enforcement Actions

* * * * *
    2. Civil Penalty
* * * * *
    e. * * * In no instance will a civil penalty for any one 
violation exceed the $120,000 statutory limit per violation. * * * 
Thus, the per violation cap will not shield a DOE contractor that is 
or should have been aware of an ongoing violation and has not 
reported it to DOE and taken corrective action despite an 
opportunity to do so from liability significantly exceeding 
$120,000. * * *
* * * * *
    3. Adjustment Factors
* * * * *
    d. * * * Based on the degree of such factors, DOE may escalate 
the amount of civil penalties up to the statutory maximum of 
$120,000 per violation per day for continuing violations.
* * * * *

PART 851--WORKER SAFETY AND HEALTH PROGRAM

0
16. The authority citation for part 851 continues to read as follows:

    Authority:  42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 
U.S.C. 5801 et seq.; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.


0
17. Section 851.5 is amended by revising the first sentence of 
paragraph (a) to read as follows:


Sec.  851.5  Enforcement.

    (a) A contractor that is indemnified under section 170d. of the AEA 
(or any subcontractor or supplier thereto) and that violates (or whose 
employee violates) any requirement of this part shall be subject to a 
civil penalty of up to $80,000 for each such violation. * * *
* * * * *

0
18. Appendix B to part 851 is amended by:
0
a. Revising the last sentences of paragraphs (b)(1) and (b)(2) in 
section VI;
0
b. Revising paragraph 1.(e)(1) in section IX ; and
0
c. Revising the fourth sentence in paragraph 2.(f) in section IX.
    The revisions read as follows:

Appendix B to Part 851--General Statement of Enforcement Policy

* * * * *

VI. Severity of Violations

    (b) * * *
    (1) * * * A Severity Level I violation would be subject to a 
base civil penalty of up to 100% of the maximum base civil penalty 
of $80,000.
    (2) * * * A Severity Level II violation would be subject to a 
base civil penalty up to 50% of the maximum base civil penalty 
($40,000).
* * * * *
    IX. Enforcement Actions
* * * * *
    1. Notice of Violation
* * * * *
    (e) * * *
    (1) DOE may assess civil penalties of up to $80,000 per 
violation per day on contractors (and their subcontractors and 
suppliers) that are indemnified by the Price-Anderson Act, 42 U.S.C. 
2210(d). See 10 CFR 851.5(a).
* * * * *
    2. Civil Penalty
* * * * *
    (f) * * * In no instance will a civil penalty for any one 
violation exceed the statutory limit of $80,000 per day. * * *
* * * * *

PART 1013--PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES

0
19. The authority citation for part 1013 continues to reads as follows:

    Authority:  31 U.S.C. 3801-3812; 28 U.S.C. 2461 note.


0
20. Section 1013.3 is amended by revising paragraphs (a)(1)(iv) and 
(b)(1)(ii) to read as follows:


Sec.  1013.3  Basis for civil penalties and assessments.

    (a) * * *
    (1) * * *
    (iv) Is for payment for the provision of property or services which 
the person has not provided as claimed, shall be subject, in addition 
to any other remedy that may be prescribed by law, to a civil penalty 
of not more than $9,000 for each such claim.
* * * * *
    (b) * * *
    (1) * * *
    (ii) Contains or is accompanied by an express certification or 
affirmation of the truthfulness and accuracy of the contents of the 
statement, shall be subject, in addition to any other remedy that may 
be prescribed by law, to a civil penalty of not more than $9,000 for 
each such statement.
* * * * *

PART 1017--IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED 
NUCLEAR INFORMATION

0
21. The authority citation for part 1017 continues to read as follows:

    Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 42 
U.S.C. 2168; 28 U.S.C. 2461.


0
22. Section 1017.29 is amended by revising paragraph (c) to read as 
follows:


Sec.  1017.29  Civil penalty.

* * * * *
    (c) Amount of penalty. The Director may propose imposition of a 
civil penalty for violation of a requirement of a regulation under 
paragraph (a) of this section or a compliance order issued under 
paragraph (b) of this section, not to exceed $160,000 for each 
violation.
* * * * *

PART 1050--FOREIGN GIFTS AND DECORATIONS

0
23. The authority citation for part 1050 continues to read as follows:

    Authority:  The Constitution of the United States, Article I, 
Section 9; 5 U.S.C. 7342; 22 U.S.C. 2694; 42 U.S.C. 7254 and 7262; 
28 U.S.C. 2461 note.


0
24. Section 1050.303 is amended by revising the last sentence in 
paragraph (d) to read as follows:


Sec.  1050.303  Enforcement.

* * * * *
    (d) * * * The court in which such action is brought may assess a 
civil penalty against such employee in any amount not to exceed the 
retail value of the gift improperly solicited or received plus $9,000.

[FR Doc. 2013-31326 Filed 12-31-13; 8:45 am]
BILLING CODE 6450-01-P