Page:United States Statutes at Large Volume 103 Part 2.djvu/990

 103 STAT. 2000 PUBLIC LAW 101-235—DEC. 15, 1989 SPECIAL PURPOSE GRANTS. 42 USC 3535. Federal Register, publication. Public information. Loans. 12 USC 1735f-14. SEC. 106. WAIVER OF REGULATION REQUIREMENTS AND HANDBOOK PROVISIONS. Section 7 of the Department of Housing and Urban Development Act is amended by adding at the end the following new subsection: "(q)(l) Any waiver of r^ulations of the Department shall be in writing and shall specify the grounds for approving the waiver. ''(2) The Secretary may delegate authority to approve a waiver of a r^lulation only to an individual of Assistant Secretary rank or equivalent rank, who is authorized to issue the regulation to be waived. "(3) The Secretary shall notify the public of all waivers of regula- tions approved by the Department. The notification shall be in- cluded in a notice in the Federal Register published not less than quarterly. Each notification shall cover the period beginning on the day after the last date covered by the prior notification, and shall— "(A) identify the project, activity, or undertaking involved; "(B) describe the nature of the requirement that has been waiv^ and specify the provision involved; "(C) specify the name and title of the official who granted the waiver request; "(D) include a brief description of the grounds for approval of the waiver; and "(E) state how more information about the waiver and a copy of the request and the approval may be obtained. "(4) Any waiver of a provision of a handbook of the Department shall— "(A) be in writing "(B) specify the grounds for approving the waiver; and "(C) be maintained in indexed form and made available for public inspection for not less than the 3-year period beginning on the date of the waiver.''. SEC 107. CIVIL MONEY PENALTIES AGAINST MORTGAGEES AND LENDERS. (a) IN GENERAL.—Title V of the National Housing Act is amended by adding at the end the following new section: "CIVIL MONEY PENALTIES AGAINST MORTGAGEES AND LENDERS "SEC. 536. (a) IN GENERAL. — "(1) AUTHORITY.— Whenever a mortgagee approved under this Act, or a lender holding a contract of insurance under title I of this Act, knowingly and materially violates any of the provi- sions of subsection (b), the Secretary may impose a civil money penalty on the mortgagee or lender in accordance with the provisions of this section. The penalty shall be in addition to any other available civil remedy or any available criminal penalty, and may be imposed whether or not the Secretary imposes other administrative sanctions. (2) AMOUNT OF PENALTY.— The amount of the penalty, as determined by the Secretary, may not exceed $5,000 for each violation, except that the maximum penalty for all violations by any particular mortgagee or lender during any 1-year period shall not exceed $1,0CW,000. Elach violation of a provision of subsection (b)(1) shall constitute a separate violation with re- spect to each mortgage or loan application. In the case of a

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