Page:United States Statutes at Large Volume 103 Part 2.djvu/1004

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103 STAT. 2014 PUBLIC LAW 101-235—DEC. 15, 1989 order is no longer subject to review as provided by subsections (c)(1) 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 the issuer or custodian and such other relief as may be available. The monetary ^ judgment may, in the discretion of the court, include any attorneys fees and other expenses incurred by the United States in connection with the action. In an action under this subsection, the validity and appropriateness of the Secretary's determination or order 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. "^) DEFINITION OF KNOWINGLY.—The term 'knowingl/ means having actual knowledge of or acting with deliberate ignorance of or reckless disr^ard for the prohibitions under this section. "(h) REGULATIONS. —The Secretary shall issue such regulations as the Secretary deems appropriate to implement this section. "(i) DEPOSIT OF PENALTIES.— The Secretary shall deposit all civil money penalties collected under this section into moneys of the Association pursuant to section 307.". 12 USC 17231 (b) APPLICABILITY. —- The amendment made by subsection (a) shall "°*® apply only with respect to— (1) violations referred to in the amendment that occur on or after the effective date of this section; and (2) in the case of a continuing violation (as determined by the Secretary of Housing and Urbsm Development), any portion of a violation referred to in the amendment that occurs on or after such date. SEC. 111. aVIL MONEY PENALTIES FOR VIOLATIONS OF INTERSTATE LAND SALES FULL DISCLOSURE ACT. (a) IN GENERAL.— The Interstate Land Sales Full Disclosure Act is amended by inserting after section 1418 the following new section: "aVIL MONEY PENALTIES 15 USC 1717a. "SEC. 1418a. (a) IN GENERAL. — "(1) AUTHORITY.—Whenever any person knowingly and mate- rially violates any of the provisions of this title or any rule, regulation, or order issued under this title, the Secretary may impose a civil money penalty on such person in accordance with the provisions of this section. The penalty shall be in addition to any other available civil remedy or any available criminal penalty, and may be imposed whether or not the Secretary imposes other administrative sanctions. "(2) AMOUNT OF PENALTY.— The amount of the penalty, as determined by the Secretary, may not exceed $1,000 for each violation, except that the maximum penalt3r for all violations by a particular person during any 1-year period shall not exceed $1,000,000. Each violation of this title, or any rule, regulation, or order issued under this title, shall constitute a separate violation with respect to each sale or lease or offer to sell or lease. In Uie case of a continuing violation, as determined by the Secretary, each day shall constitute a separate violation. "(b) AGENCY PROCEDURES. —