103 STAT. 466 PUBLIC LAW 101-73—AUG. 9, 1989 allowed under isuch subparagraph, the assessment shall constitute a final and unappealable order. •I "(F) AUTHORITY TO MODIFY OR REMIT PENALTY. — The Board "• may compromise, modify, or remit any penalty which such agency may assess or had already assessed under subpara- graph (A), (B), or (C). "(G) MITIGATING FACTORS.— In determining the amount of any penalty imposed under subparagraph (A), (B), or (C), the Board shall take into account the appropriateness of the penalty with respect to— "(i) the size of financial resources and good faith of the insured credit union or the person charged; "(ii) the gravity of the violation; "(iii) the history of previous violations; and "(iv) such other matters as justice may require. "(H) HEARING.— The insured credit union or other person against whom any penalty is assessed under this paragraph i- shall be afforded an agency hearing if such institution or person submits a request for such hearing within 20 days after the issuance of the notice of assessment. "(I) COLLECTION. — ' "(i) REFERRAL.— If any insured credit union or other person fails to pay an assessment after any penalty assessed under this paragraph has become final, the ^ Board shall recover the amount assessed by action in the appropriate United States district court. " (ii) APPROPRIATENESS OF PENALTY NOT REVIEWABLE. — In any civil action under clause (i), the validity and appropriateness of the penalty shall not be subject to review. "(J) DISBURSEMENT.— Al l penalties collected under authority of this paragraph shall be deposited into the Treasury. "(K) VIOLATE DEFINED.— For purposes of this section, the term 'violate' includes any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation. " (L) REGULATIONS.—The Board shall prescribe regula- tions establishing such procedures as may be necessary to carry out this paragraph.". (c) NONMEMBER INSURED BANKS AND SAVINGS ASSOCIATIONS.— Paragraphs (4) and (5) of section 180") of the Federal Deposit Insur-
ance Act (12 U.S.C. 18280')) are amended to read as follows: " (4) CIVIL MONEY PENALTY. — "(A) FIRST TIER.—Any nonmember insured bank or sav- ings association which, and any institution-affiliated party who, violates any provision of section 22(h), 23A, or 23B of ii the Federal Reserve Act or any lawful regulation issued pursuant thereto, and any nonmember insured bank which, and any institution-affiliated party who, violates any provi- sion of section 20 of the Banking Act of 1933, shall forfeit and pay a civil penalty of not more than $5,000 for each day during which such violation continues. "(B) SECOND TIER. —Notwithstanding subparagraph (A), any nonmember insured bank or savings association which, >;, and any institution-affiliated party who—
�
