123STA T . 2 7 3 PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9byex e rcis i ng re a s o nab l e d iligence w o u ld no th a v e k nown ) that such p erson violated such provision , a penalty f or each such violation of an a m ount that is at least the amount described in paragraph (3 )( A ) but not to exceed the amount described in paragraph (3)( D )
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‘( B ) in the case of a violation of such provision in which it is established that the violation was due to reason - able cause and not to willful neglect, a penalty for each such violation of an amount that is at least the amount described in paragraph (3)(B) but not to exceed the amount described in paragraph (3)(D); and ‘‘( C ) in the case of a violation of such provision in which it is established that the violation was due to willful neglect — ‘‘(i) if the violation is corrected as described in subsection (b)(3)(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 ‘‘(ii) if the violation is not corrected as described in such subsection, a penalty in an amount that is at least the amount described in paragraph (3)(D) .I n determining the amount of a penalty under this section for a violation, the S ecretary shall base such determination on the nature and extent of the violation and the nature and extent of the harm resulting from such violation. ’ ’. ( 2 ) TIERSOFP E NALT IES D ES C RI B ED.—Section 1 1 76 (a) of such Act ( 4 2 U .S.C. 132 0 d –5 (a)) is further amended by adding at the end the following new paragraph
‘‘(3) TIERS OF PENALTIES DESCRIBED.— F or purposes of para- graph (1), with respect to a violation by a person of a provision of this part— ‘‘(A) the amount described in this subparagraph is $ 100 for each such violation, except that the total amount imposed on the person for all such violations of an identical re q uirement or prohibition during a calendar year may not exceed $25,000; ‘‘(B) the amount described in this subparagraph is $1,000 for each such violation, except that the total amount imposed on the person for all such violations of an identical requirement or prohibition during a calendar year may not exceed $100,000; ‘‘(C) the amount described in this subparagraph is $10,000 for each such violation, except that the total amount imposed on the person for all such violations of an identical requirement or prohibition during a calendar year may not exceed $250,000; and ‘‘(D) the amount described in this subparagraph is $50,000 for each such violation, except that the total amount imposed on the person for all such violations of an identical requirement or prohibition during a calendar year may not exceed $1,500,000.’’. (3) CONFOR M IN G AMENDMENTS.—Section 1176(b) of such Act (42 U.S.C. 1320d–5(b)) is amended— (A) by striking paragraph (2) and redesignating para- graphs (3) and (4) as paragraphs (2) and (3), respectively; and
