Page:United States Statutes at Large Volume 111 Part 2.djvu/338

 Ill STAT. 1418 PUBLIC LAW 105-65—OCT. 27, 1997 determination or order is issued, the determination or order shall be final. " (3) FACTORS IN DETERMINING AMOUNT OF PENALTY.—In determining the amount of a penalty under subsection (b), the Secretary shall take into consideration— "(A) the gravity of the offense; "(B) any history of prior offenses by the violator (including offenses occurring before the enactment of this section); "(C) the ability of the violator to pay the penalty; "(D) any injury to tenants; "(E) any injury to the public; "(F) any benefits received by the violator as a result of the violation; "(G) deterrence of future violations; and "(H) such other factors as the Secretary may establish by regulation. "(4) PAYMENT OF PENALTY. —No payment of a civil money penalty levied under this section shall be payable out of project income. "(d) JUDICIAL REVIEW OF AGENCY DETERMINATION.— Judicial review of determinations made under this section shall be carried out in accord£ince with section 537(e) of the National Housing Act. " (e) REMEDIES FOR NONCOMPLIANCE.— " (1) JUDICIAL INTERVENTION. — "(A) IN GENERAL. — If a person or entity fails to comply with the determination or order of the Secretary imposing a civil money penalty under subsection (b), after the determination or order is no longer subject to review as provided by subsections (c) 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 that person or entity and such other relief as may be available. "(B) FEES AND EXPENSES.— Any monetary judgment awarded in an action brought under this paragraph may, in the discretion of the court, include the attorney's fees and other expenses incurred by the United States in connection with the action. "(2) NONREVIEWABILITY OF DETERMINATION OR ORDER. — In an action under this subsection, the validity and appropriateness of the determination or order of the Secretary 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. "(g) DEPOSIT OF PENALTIES.— "(1) IN GENERAL. — Notwithstanding any other provision of law, if the mortgage covering the property receiving assistance under section 8 is insured or was formerly insured by the Secretary, the Secretary shall apply all civil money penalties collected under this section to the appropriate insurance fund or funds established under this Act, as determined by the Secretary. "(2) EXCEPTION. —Notwithstanding any other provision of law, if the mortgage covering the property receiving assistance under section 8 is neither insured nor formerly insured by

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