106 STAT. 3992

PUBLIC LAW 102-550—OCT. 28, 1992

12 USC 4637.

(A) shall provide for the Director to notify the enter-
prise in writing of the Director's determination to impose
the penalty, which shall be made on the record;

(B) shall provide for the imposition of a penalty only
after the enterprise, executive officer, or director has been
given an opportunity for a hearing on the record pursuant
to section 1373; and

(C) may provide for review by the Director of any
determination or order, or interlocutory ruling, arising from
a hearing.

(2) FACTORS IN DETERMINING AMOUNT OF PENALTY.—In
determining the amount of a penalty under this section, the
Director shall give consideration to such factors as the gravity
of the violation, any history of prior violations, the effect of
the penally on the safety and soundness of the enterprise,
any injury to the public, any benefits received, and deterrence
of future violations, and any other factors the Director may
determine by regulation to be appropriate.

(3) REVIEW OF IMPOSITION OF PENALTY.—The order of the
Director imposing a penalty under this section shall not be
subject to review, except as provided in section 1374.

(d) ACTION To COLLECT PENALTY.—If an enterprise, executive
officer, or director fails to comply with an order of the Director
imposing a civil money penalty under this section, after the order
is no longer subject to review as provided under subsection (cXD
and section 1374, the Director may request the Attorney General
of the United States to bring an action in the United States District
Court for the District of Columbia to obtain a monetary judgment
against the enterprise, executive officer, or director and such other
relief as may be available, or may, under the direction and control
of the Attorney General, bring such an action. The monetary judg-
ment 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 order of the Director imposing the pen-
alty shall not be subject to review.

(e) SETTLEMENT BY DIRECTOR.—The Director may compromise,
modify, or remit any civil money penalty which may be, or has
been, imposed under this section.

(f) AVAILABILITY OF OTHER REMEDIES.—Any civil money penalty
under this section shall be in addition to any other available civil
remedy and may be imposed whether or not the Director imposes
other administrative sanctions.

(g) PROHIBITION OF REIMBURSEMENT OR INDEMNIFICATION.—
An enterprise may not reimburse or indemnify any individual for
any penalty imposed under subsection (bX3).

(h) DEPOSIT OF PENALTIES.—The Director shall deposit any
civil money penalties collected under this section into the general
fund of the Treasury.

(i) APPLICABILITY.—A penalty under this section may be
imposed only for conduct or violations under subsection (a) occurring
after the date of the enactment of this Act.

SEC. 1377. NOTICE AFTER SEPARATION FROM SERVICE.

The resignation, termination of employment or participation,
or separation of a director or executive officer of an enterprise
shall not affect the jurisdiction and authority of the Director to