Page:United States Statutes at Large Volume 106 Part 5.djvu/329

 PUBLIC LAW 102-550—OCT. 28, 1992 106 STAT. 3967 (1) to submit a housing plan that substantially complies with section 1336(c) within the applicable period; (2) to make a good faith effort to comply with a housing plan for the enterprise submitted and approved under section 1336(c); or (3) to submit the information required under subsection (m) or (n) of section 309 of the Federal National Mortgage Association Charter Act, subsection (e) or (f) of section 307 of the Federal Home Ix>an Mortgage Corporation Act, or section 1337 of this title. (b) AMOUNT OF PENALTY.— The amount of the penalty, as determined by the Secretary, may not exceed— (1) for any faihire described in subsection (a)(D, $25,000 for each day that the failure occurs; and (2) for any failure described in subsection (a)(2) or (3), $10,00 for each day that the failure occurs. (c) PROCEDURES. — (1) ESTABLISHMENT. — The Secretary shall establish standards and procedures governing the imposition of civil money penalties under this section. Such standards and procedures— (A) shall pro^ade for the Secretary to notify the enterprise in writing of the Secretary's determination to impose the penalty, which shall be made on the record; (B) shall provide for the imposition of a penalty only after the enterprise has been given an opportunity for a hearing on the record pursuant to section 1342; and (C) may provide for review by the Director for any determination or order, or interlocutory ruling, arising from a hearing. (2) FACTORS IN DETERMINING AMOUNT OF PENALTY. — In determining the amount of a penalty under this section, the Secretary shall give consideration to such factors as the gravity of the offense, any Mstory of prior offenses, ability to pay the penalty, ii\jury to the public, benefits received, deterrence of future violations, and such other factors as the Secretary may determine, by regulation, to be appropriate. (d) ACTION TO COLLECT PENALTY.— I f an enterprise fails to comply with an order by the Secretary imposing a civil money penalty under this section, after the order is no longer subject to review as provided by sections 1342 and 1343, the Secretary may request the Attorney General of the United States to bring an action in the United States District Court for the District of Columbia to obtain a monetary judgment against the enterprise 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 order imposing the penalty shall not be subject to review. (e) SETTLEMENT BY SECRETARY. — The Secretary may compromise, modify, or remit any civil money penalty which may be, or has been, imposed under this section. (1) TRANSITION PERIOD LIMITATION. —The Secretary may not impose any civil money penalty under this section for any failure by an enterprise, during the 2-year period beginning on January 1, 1993, to comply wim an approved housing plan, unless the

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