PUBLIC LAW 102-550—OCT. 28, 1992 106 STAT. 3991

or subtitle B or may, under the direction and control of the Attorney
General, bring such an action. Such court snail have jurisdiction
and power to order and require compliance herewith.

(b) LIMITATION ON JURISDICTION.—Except as otherwise provided
in this subtitle and sections 1369 and 1369D, no court shall have
jurisdiction to affect, by injunction or otherwise, the issuance or
enforcement of any notice or order under section 1371, 1372, or
1376, or subtitle B, or to review, modify, suspend, terminate, or
set aside any such notice or order.

SEC. 1376. CIVIL MONEY PENALTIES. 12U8C4636.

(a) IN GENERAL.—The Director may impose a civil money pen-
alty in accordance with this section on any enterprise, or any
executive officer or director of any enterprise, that—

(1) violates any provision of this title, the Federal National
Mortgage Association Charter Act, the Federal Home Loan
Mortgage Corporation Act, or any order, rule, or regulation
under any such title or Act, except that the Director may
not enforce compliance with any housing goal established under
subpart B of part 2 of subtitle A of this title, with section
1336 or 1337 of this title, or with subsection (m) or (n) of
section 309 of the Federal National Mortgage Association Char-
ter Act or subsection (e) or (f) of section 307 of the Federal
Home Loan Mortgage Corporation Act;

(2) violates any final or temporary order issued pursuant
to section 1365,1366,1371, or 1372;

(3) violates any written agreement between the enterprise
and the Director; or

(4) engages in any conduct that causes or is likely to
cause a loss to the enterprise.

(b) AMOUNT OF PENALTY.—

(1) FIRST TIER.—The Director may impose a penalty on
an enterprise for any violation described in paragraphs (1)
through (3) of subsection (a). The amount of a penalty under
this paragraph shall not exceed $5,000 for each day that a
violation continues.

(2) SECOND TIER.—The Director may impose a penalty on
an executive officer or director hi an amount not to exceed
$10,000, or on an enterprise in an amount not to exceed
$25,000, for each day that a violation or conduct described
in subsection (a) continues, if the Director finds that the viola-
tion or conduct—

(A) is part of a pattern of misconduct: or

(B) involved recklessness and caused or would be likely
to cause a material loss to the enterprise.

(3) THIRD TIER.—The Director may impose a penalty on
an executive officer or director in an amount not to exceed
$100,000, or on an enterprise in an amount not to exceed
$1,000,000, for each day that a violation or conduct described
in subsection (a) continues, if the Director finds that the viola-
tion or conduct was knowing and caused or would be likely
to cause a substantial loss to the enterprise.

(c) PROCEDURES.—

(1) ESTABLISHMENT.—The Director shall establish stand-
ards and procedures governing the imposition of civil money
penalties under subsections (a) and (b). Such standards and
procedures—

59-194 O—93-----12 : QL 3 (Pt. 5)