Page:United States Statutes at Large Volume 106 Part 5.djvu/353

 PUBLIC LAW 102-550—OCT. 28, 1992 106 STAT. 3991 or subtitle B or may, under the direction and control of the Attorney General, bring suoi an aiction. Such court Bhall have jurisdiction and power to order and require compliance herewith. (b) LIMITATION ON JURISDICTION. —Except as otherwise provided in this subtitle and sections 1369 and 1369D, no court shall have jurisdiction to affect, by injunction or otherwise, the issuance or enforcement of aiw notice or order under section 1371, 1372, or 1376, or subtitle B, or to review, modify, suspend, terminate, or set aside any such notice or order. SEC. 187«. CIVIL MONEY PENALTIE& 12 USC 4636. (a) IN GENERAL. — The Director may impose a civil money penalty in accordance with this section on any enterprise, or any executive officer or director of any enterprise, that— (1) violates any provision of this title, the Federal National Mortgage Association Chuler Act, the Federal Home Loan Mortgage Corporation Act, or any order, rule, or regulation under any such title or Act, except that the Director may not enforce compliance with any housing goal established under subpart B of part 2 of subtiue A of this title, with section 1336 or 1337 of tins title, or with subsection (m) or (n) of section 309 of the Federal National Mortgage Association Charter Act or subsection (e) or (f) of section 307 of the Federal Home Loan Mortgage Corporation Act; (2) violates any final or temporary order issued pursuant to section 1365, 1366, 1371, or 1372; (3) violates any written agreement between the enterprise and the Director; or (4) engages in any conduct that causes or is likely to cause a loss to the enterprise. (b) AMOUNT OF PENALTY.— (1) FIRST TIER.— The Director ma^ impose a penalty on an enterprise for any violation described in paragraphs (1) through (3) of subsection (a). The amount of a penalty under this paragrai^h shall not exceed $5,000 for each day that a violation continues. (2) SECOND TIER.— The Director may impose a penalty on an executive officer or director in an amount not to exceed $10,000, or on an enterprise in an amount not to exceed $25,000, for each da^ that a violation or conduct described in subsection (a) contmues, if the Director finds that the violation or conduct— (A) is part of a pattern of misconduct; or (B) involved recklessness and caused or would be likely to cause a material loss to the enterprise. (3) THIRD TIER.— The Director may impose a penalty on an executive officer or director in an amount not to exceed $100,000, or on am enterprise in an amount not to exceed $1,000,000, for each day that a violation or conduct described in subsection (a) continues, if the Director finds that the violation or conduct was knowing and caused or would be likely to cause a substantial loss to the enterprise. (c) PROCEDURES.— (1) ESTABLISHMENT.— The Director shall establish standards and procedures governing the imposition of dvil money penalties under subsections (a) and (b). Such standards and procedures— 59-194 O—93 12: QL 3 (Pt. 5)

�