Page:United States Statutes at Large Volume 103 Part 2.djvu/993

 PUBLIC LAW 101-235—DEC. 15, 1989 103 STAT. 2003 hearing is material and that there were reasonable grounds for the failure to pr^ent such evidence at the hearing, the court shall remand the matter to the Secretary for consideration of the additional evidence. "(3) SCOPE OP REVIEW. —The decisions, findings, and deter- minations of the Secretary shall be reviewed pursuant to section 706 of title 5, United States Code. "(4) ORDER TO PAY PENALTY.—Notwithstanding any other provision of law, in any such review, the court shall have the power to order payment of the penalty imposed by the Secretary. "(e) ACTION TO COLLECT PENALTY. —K any mortgagee or lender fails to comply with the Secretary's determination or order imposing a civil money penalty under subsection (a), after the determination or order is no longer subject to review as provided by subsections (c)(1) and (d), the Secretary may request the Attorney General of the United States to bring an action in an appropriate United States district court to obtain a monetary judgment against the mortgagee or lender and such other relief as may be available. The monetary judgment may, in the court's discretion, 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. "(f) SETTLEMENT BY SECRETARY. — The Secretary may compromise, modify, or remit any civil money penalty which may be, or has been, imposed under this section. (^ DEFINITION OF KNOWiNGLY.The term 'knowingly' means having actual knowledge of or acting with deliberate ignorance of or reckless disr^ard for the prohibitions under this section. "(h) REGULATIONS.—The Secretary shall issue such regulations as the Secretary deems appropriate to implement this section. "(i) DEPOSIT OF FEALTIES IN INSURANCE FUNDS.— Notwithstand- ing any other provision of law, all civil money penalties collected under this section shall be deposited in the appropriate insurance fund or funds established under this Act, as determined by the Secretary.". (b) APPLICABILITY.—The amendment made by subsection (a) shall apply only with respect to— (1) violations referred to in the amendment that occur on or after the effective date of this section; and (2) in the case of a continuing violation (as determined by the Secretary of Housing and Urban Development), any portion of a violation referred to in the amendment that occurs on or after such date. SEC 108. ayiL MONEY PENALTIES AGAINST MULTIFAMILY MORTGA- Loans. GORS. (a) IN GENERAL.—Title V of the National Housing Act (as amend- ed by the preceding provisions of this Act) is furmer amended by adding at uie end the following new section: 12 USC 1735f-14 note. dVn. MONEY PENALTIES AGAINST MULTIFAMILY MORTGAGORS "SEC. 537. (a) IN GENERAL.—The penalties set forth in this section 12 USC shall be in addition to any other available civU remedy or any I'735f-15. available criminal penalty, and may be impeded whether or not the

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