Page:United States Statutes at Large Volume 108 Part 1.djvu/300

 108 STAT. 274 PUBLIC LAW 103-227—MAR. 31, 1994 20 USC 6084. Midnight Basketball League Training and Partnership Act. Children and youth. 42 USC 11901 note. prior history of the same kind of violation, the degree of culpability, and any demonstration of willingness to comply with the prohibitions of this section in a timely manner; and (C) such other matters as justice may require. (4) MODIFICATION. —The Secretary may, as appropriate, compromise, modifyr, or remit, with or without conditions, any civil penalty or administrative compliance order. In the case of a civil penalty, the amount, as finally determined by the Secretary or agreed upon in compromise, may be deducted from any sums that the United States or its agencies or instrumentalities owes to the person against whom the penalty is assessed. (5) PETITION FOR REVIEW.— Any person aggrieved by a penalty assessed or an order issued, or both, by the Secretary under this section may file a petition for judicial review thereof with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. Such person shall provide a copy thereof to the Secretary or the Secretary's designee. The petition shall be filed within 30 days afl;er the Secretary's assessment or order, or both, are final and have been provided to such person by certified mail. The Secretary shall promptly provide to the court a certified copy of the transcript of any hearing held under this section and a copy of the notice or order. (6) FAILURE TO COMPLY. — If a person fails to pay an assessment of a civil penalty or comply with an order, after either or both are final under this section, or after a court under Paragraph (5) has entered a final judgment in favor of the ecreta^, the Attorney General, at the request of the Secretary, shall recover the amount of the civil penalty (plus interest at then currently prevailing rates from the day either or both are final) or enforce the order in an action brought in the appropriate district court of the United States. In such action, the validity and appropriateness of the penalty or order or the amount of the penalty shall not be subject to review. SEC. 1044. PREEMPTION. Nothing in this part is intended to preempt any provision of law of a State or political subdivision of a State that is more restrictive than a provision of this part. PART D—MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP SEC. 1051. SHORT TITLE. This part may be cited as the "Midnight Basketball League Training and Partnership Act". SEC. 1052. GRANTS FOR MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP PROGRAMS. Section 520 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 11903a) is amended— (1) in the section heading by inserting "AND ASSISTED" after "PUBLIC"; (2) in the subsection heading for subsection (a), by inserting "PUBLIC HOUSING" before "YOUTH"; and

�