Page:United States Statutes at Large Volume 97.djvu/1264

 97 STAT. 1232 PUBLIC LAW 98-181—NOV. 30, 1983 Ante, p. 1231. Court costs and attorney fees. 12 USC 2614. tion in an amount equal to three times the amount of any charge paid for such settlement service. "(3) No person or persons shall be liable for a violation of the provisions of section 8(c)(4)(A) if such person or persons proves by a preponderance of the evidence that such violation was not intentional and resulted from a bona fide error notwithstanding maintenance of procedures that are reasonably adapted to avoid such error. "(4) The Secretary, the Attorney General of any State, or the insurance commissioner of any State may bring an action to enjoin violations of this section. "(5) In any private action brought pursuant to this subsection, the court may award to the prevailing party the court costs of the action together with reasonable attorneys fees. "(6) No provision of State law or regulation that imposes more stringent limitations on controlled business arrangements shall be construed as being inconsistent with this section.". (d) Section 16 of such Act is amended to read as follows: 12 USC 2607, 2608. 12 USC 2617. Investigations. Effective date. 12 USC 2602 note. JURISDICTION OP COURTS "SEC. 16. Any action pursuant to the provisions of section 8 or 9 may be brought in the United States district court or in any other court of competent jurisdiction, for the district in which the property involved is located, or where the violation is alleged to have occurred, within one year from the date of the occurrence of the violation, except that actions brought by the Secretary, the Attorney General of any State, or the insurance commissioner of any State may be brought within 3 years from the date of the occurrence of the violation.". (e) Section 19 of such Act is amended by adding the following new subsection at the end thereof: "(c)(1) The Secretary may investigate any facts, conditions, prac- tices, or matters that may be deemed necessary or proper to aid in the enforcement of the provisions of this Act, in prescribing of rules and regulations thereunder, or in securing information to serve as a basis for recommending further legislation concerning real estate settlement practices. To aid in the investigations, the Secretary is authorized to hold such hearings, administer such oaths, and require by subpena the attendance and testimony of such witnesses and production of such documents as the Secretary deems advisable. "(2) Any district court of the United States within the jurisdiction of which an inquiry is carried on may, in the case of contumacy or refusal to obey a subpena of the Secretary issued under this section, issue an order requiring compliance therewith; and any failure to obey such order of the court may be punished by such court as a contempt thereof.". (f) The amendments made by this section shall become effective on January 1, 1984. Appropriation authorization. 12 USC 1701J-2. NATIONAL INSTITUTE OF BUILDING SCIENCES SEC. 462. Section 809(h) of the Housing and Community Develop- ment Act of 1974 is amended by adding at the end thereof the following new sentences: "In addition to the amounts authorized to be appropriated under the first sentence of this section, there is authorized to be appropriated to the Institute to carry out the

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