Page:United States Statutes at Large Volume 108 Part 3.djvu/510

 108 STAT. 2262 PUBLIC LAW 103-325—SEPT. 23, 1994 ing to a loan committed by another regulated lending institution that previously held the loan. "(8) DEPOSIT OF PENALTIES.— Any penalties collected under this subsection shall be paid into the National Flood Mitigation Fund under section 1367 of the National Flood Insurance Act of 1968. "(9) ADDITIONAL PENALTIES.— Any penalty under this subsection shall be in addition to any civil remedy or criminal penalty otherwise available. "(10) STATUTE OF LIMITATIONS.^NO penalty may be imposed under this subsection after the expiration of the 4- year period beginning on the date of the occurrence of the violation for which the penalty is authorized under this subsection. "(g) OTHER ACTIONS TO REMEDY PATTERN OF NONCOMPLI- - ANCE. — "(1) AUTHORITY OF FEDERAL ENTITIES FOR LENDING REGULA- TION. —^A Federal entity for lending regulation may require a regulated lending institution to take such remedial actions as are necessary to ensure that the regulated lending institution complies with the requirements of the national flood insurance program if the Federal agency for lending regulation makes a determination under paragraph (2) regarding the regulated lending institution. "(2) DETERMINATION OF VIOLATIONS. — A determination under this paragraph shall be a finding that— "(A) the regulated lending institution has engaged in a pattern and practice of noncompliance in violation of the regulations issued pursuant to subsection (b), (d), or (e) or the notice requirements under section 1364 of the National Flood Insurance Act of 1968; and "(B) the regulated lending institution has not demonstrated measurable improvement in compliance despite the assessment of civil monetary penalties under subsection (f).". SEC. 526. FEES FOR DETERMINING APPLICABILITY OF FLOOD INSUR- ANCE PURCHASE REQUIREMENTS. Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) as amended by the preceding provisions of this title, is further amended by adding at the end the following new subsection: " (h) FEE FOR DETERMINING LOCATION. —Notwithstanding any other Federal or State law, any person who makes a loan secured by improved real estate or a mobile home or any servicer for such a loan may charge a reasonable fee for the costs of determining whether the building or mobile home securing the loan is located in an area having special flood hazards, but only in accordance with the following requirements: "(1) BORROWER FEE. —The borrower under such a loan may be charged the fee, but only if the determination— "(A) is made pursuant to the making, increasing, extending, or renewing of the loan that is initiated by the borrower; "(B) is made pursuant to a revision or updating under section 1360(f) of the floodplain areas and flood-risk zones or publication of a notice or compendia under subsection

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