Page:United States Statutes at Large Volume 122.djvu/2733

 12 2 STA T . 2 7 1 0PUBLIC LA W 110 – 2 89—J UL Y3 0, 2008 ‘ ‘ SEC.1345 .C IV I LMON E YP EN A L T IES. ‘ ‘ (a)AUTHORI T Y.—TheDir e cto r m a y im p o s eaci v i l mo n ey pen - alty , in accor d ance w ith the provisions o f this section, on any enterprise that has failed to— ‘‘( 1 )s ub mit a report under section 1 327, followin g a notice of such failure, an opportunity for comment by the enterprise, and a final determination by the Director ‘‘(2) submit the information re q uired under subsection (m) or (n) of section 3 09 of the F ederal N ational M ortgage Associa- tion C harter Act or subsection (e) or (f) of section 307 of the Federal H ome L oan Mortgage Corporation Act; ‘‘(3) solely with respect to the housing goals established under sections 1332(a) and 1333(a)(1), submit a housing plan or perform its responsibilities under a remedial order issued pursuant to section 133 6 (c) within the required period; or ‘‘( 4 ) solely with respect to the housing goals established under sections 1332(a) and 1333(a)(1), comply with a housing plan for the enterprise under section 1336(c). ‘‘(b) A M OU N TO FPE N AL TY.—The amount of a penalty under this section, as determined by the Director, may not e x ceed— ‘‘(1) for any failure described in paragraph (1), ( 5 ), or (6) of subsection (a), $ 100,000 for each day that the failure occurs; and ‘‘(2) for any failure described in paragraph (2), (3), or (4) of subsection (a), $50,000 for each day that the failure occurs. ‘‘(c) PRO C E D URE S .— ‘‘(1) E STA B LISHMENT.—The Director shall establish stand- ards and procedures governing the imposition of civil money penalties under this section. S uch standards and procedures— ‘‘(A) shall provide for the Director to notify the enter- prise in writing of the determination of the Director 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 of any determination or order, or interlocutory ruling, arising from a hearing. ‘‘(2) FACTORS IN DETERMININ G AMOUNT OF P ENALTY.— I n determining the amount of a penalty under this section, the Director shall give consideration to factors including— ‘‘(A) the gravity of the offense; ‘‘(B) any history of prior offenses; ‘‘(C) ability to pay the penalty; ‘‘(D) in j ury to the public; ‘‘(E) benefits received; ‘‘(F) deterrence of future violations; ‘‘( G ) the length of time that the enterprise should reasonably ta k e to achieve the goal; and ‘‘(H) such other factors as the Director may determine, by regulation, to be appropriate. ‘‘(d) ACTION TO COLLECT PENALTY.—If an enterprise fails to comply with an order by the Director imposing a civil money penalty under this section, after the order is no longer subject to review, as provided in sections 1342 and 1343, the Director may bring an action in the U nited States District Court for the District of Columbia to obtain a monetary judgment against the enterprise, Records.Stan dards. 12U S C458 5.

�