Page:United States Statutes at Large Volume 103 Part 2.djvu/987

 PUBLIC LAW 101-235—DEC. 15, 1989 103 STAT. 1997 the power to order payment of the penalty imposed by the Secrettuy. "(5) AcnoN TO COLLECT PENALTY.—If any employee fails to comply with the Secretary's determination or order imposing a ci^ money penalty under paragraph (1), after the determina- tion or order is no longer subject to review as provided by paragraphs (3)(A) and (4), the Secretary may request the Attor- ney General of the United States to bring an action in an appropriate United States district court to obtain a monetery judgment against the employee and such other relief as may be avaiM>le. The monetary judgment may, in the court's discre- tion, include the attorneys' fees and other expenses incurred by the United States in connection with the action. In an action under this subsection, the validity and appropriateness of the Secretary's determination or order imposing the penalty shall not be subject to review. "(6) SETTLEMENT BY SECRETARY.— The Secretary may com- promi^, modify, or remit any civil money penalty which may be, or has been, imposed under this subsection. "(7) DEPOSIT OF PENALTIES. —The Secretary shall deposit all civil money penalties collected under this subsection into mis- cellaneous receipts of the Treasury. "(d) CRIMINAL PENALTIES. — Whoever willfully violates subsection (a) by making a disclosure prohibited by subsection (a) to any applicant, or any officer, employee, representative, agent, or consult- ant of any applicant, shall be imprisoned not more than 5 years, or fined in accordance with title 18, United States Code, or both. "(e) DEFINITIONS.—For purposes of this section: "(1) APPLICANT.—The term 'applicant' means any applicant or candidate that is beii^consideml for receiving assistance. "(2) ASSISTANCE.—The term 'assistance' means any grant, loan, subsidy, guarantee, or other financial assistance under a program administered by the ^cretary that provides by stat- such assistance. The term does not include any mortgage insur- ance provided under a program administered by the Secretary. "(3) COVERED SELECTION INFORMATION.— The term 'covered selection information' means— "(A) any information that is contained in any application or request for assistance, or any information regarding the decision of the Secretary to make available assistance or other information that is determined by the Secretary to be information that is not generally available to the public (not including program requirements and timing of the decision to make assistance available); and "(B) any information that is required by statute, regula- tion, or order to be confidential. "(4) KNOWINGLY.—The term 'knowingly' means having actual kno^edge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under this section. "(5) SELECTION.—The term 'selection' means the determina- tion of which applicants for assistance are to receive assistance under the program. "(6) SELECTION PROCESS. — The term 'selection process' means the period with respect to a selection for assistance that be^ns with the development, preparation, and issuance of a solicite- tion or request for applications for the assistance and concludes
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