[TAX ON NATIONAL BANK NOTES] [1. National currency associations; amendments to National Bank Act] [Section 27 amended other Acts.] [REDUCTION OF CAPITAL OF NATIONAL BANKS] [1. Reduction of capital of national banks] [Section 28 amended section 5143 of the Revised Statutes.] SEC. 29. CIVIL MONEY PENALTY. (a) FIRST TIER.-Any member bank which, and any institutionaffiliated party (within the meaning of section 3(u) of the Federal Deposit Insurance Act) with respect to such member bank who, violates any provision of section 22, 23A, or 23B, or any regulation issued pursuant thereto, 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 subsection (a), any member bank which, and any institution-affiliated party (within the meaning of section 3(u) of the Federal Deposit Insurance Act) with respect to such member bank who 1 (1)(A) commits any violation described in subsection (a); (B) recklessly engages in an unsafe or unsound practice in conducting the affairs of such member bank; or (C) breaches any fiduciary duty; (2) which violation, practice, or breach (A) is part of a pattern of misconduct; (B) causes or is likely to cause more than a minimal loss to such member bank; or (C) results in pecuniary gain or other benefit to such party, shall forfeit and pay a civil penalty of not more than $25,000 for each day during which such violation, practice, or breach continues. (c) THIRD TIER.-Notwithstanding subsections (a) and (b), any member bank which, and any institution-affiliated party (within the meaning of section 3(u) of the Federal Deposit Insurance Act) with respect to such member bank who (1) knowingly (A) commits any violation described in subsection (a); (B) engages in any unsafe or unsound practice in conducting the affairs of such credit union; 2 or (C) breaches any fiduciary duty; and (2) knowingly or recklessly causes a substantial loss to such credit union or a substantial pecuniary gain or other benefit to such party by reason of such violation, practice, or breach, shall forfeit and pay a civil penalty in an amount not to exceed the applicable maximum amount determined under subsection (d) for each day during which such violation, practice, or breach continues. (d) MAXIMUM AMOUNTS OF PENALTIES FOR ANY VIOLATION DESCRIBED IN SUBSECTION (c).-The maximum daily amount of any 1 So in original. Probably should be followed by a dash. civil penalty which may be assessed pursuant to subsection (c) for any violation, practice, or breach described in such subsection is(1) in the case of any person other than a member bank, an amount to not exceed $1,000,000; and (2) in the case of a member bank, an amount not to exceed the lesser of (A) $1,000,000; or (B) 1 percent of the total assets of such member bank. (e) ASSESSMENT; ETC.-Any penalty imposed under subsection (a), (b), or (c) shall be assessed and collected by 1 (1) in the case of a national bank, by the Comptroller of the Currency; and (2) in the case of a State member bank, by the Board, in the manner provided in subparagraphs (E), (F), (G), and (I) of section 8(i)(2) of the Federal Deposit Insurance Act for penalties imposed (under such section) and any such assessment shall be subject to the provisions of such section. (f) HEARING.--The member bank or other person against whom any penalty is assessed under this section shall be afforded an agency hearing if such member bank or person submits a request for such hearing within 20 days after the issuance of the notice of assessment. Section 8(h) of the Federal Deposit Insurance Act shall apply to any proceeding under this section. (g) DISBURSEMENT.-All penalties collected under authority of this paragraph shall be deposited into the Treasury. (h) 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. (i) REGULATIONS.-The Comptroller of the Currency and the Board shall prescribe regulations establishing such procedures as may be necessary to carry out this section. (m)2 NOTICE UNDER THIS SECTION AFTER SEPARATION FROM SERVICE. The resignation, termination of employment or participation, or separation of an institution-affiliated party (within the meaning of section 3(u) of the Federal Deposit Insurance Act) with respect to a member bank (including a separation caused by the closing of such a bank) shall not affect the jurisdiction and authority of the appropriate Federal banking agency to issue any notice and proceed under this section against any such party, if such notice is served before the end of the 6-year period beginning on the date such party ceased to be such a party with respect to such bank (whether such date occurs before, on, or after the date of the enactment of this subsection). (12 U.S.C. 504) [SAVING CLAUSE] SEC. 30. If any clause, sentence, paragraph, or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof di 1 So in original. Probably should be followed by a dash rather than “by”. 2So in original. Probably should have been designated as subsection (j). rectly involved in the controversy in which such judgment shall have been rendered. (Omitted from U.S. Code) [RESERVATION OF RIGHT TO AMEND] SEC. 31. The right to amend, alter, or repeal this Act is hereby expressly reserved. (Omitted from U.S. Code) |