12 U.S.C. § 2267a — Jurisdiction over institution-affiliated

Page 1368 TITLE 12—BANKS AND BANKING § 2267 modify, terminate, or set aside any such order with permission of the court. (b) Judicial review; commencement of pro- ceedings; filing of petition and record; exclu- sive jurisdiction; finality of judgment and de- cree Any party to the proceeding, or any person re- quired by an order issued under this part to cease and desist from any of the violations or practices stated therein, may obtain a review of any order served under subsection (a) (other than an order issued with the consent of the System institution or the director or officer or other person concerned, or an order issued under section 2265 of this title) by the filing in the court of appeals of the United States for the cir- cuit in which the home office of the institution is located, or in the United States Court of Ap- peals for the District of Columbia Circuit, with- in thirty days after the date of service of such order, a written petition praying that the order of the Farm Credit Administration be modified, terminated, or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Farm Credit Administration, and thereupon the Farm Credit Administration shall file in the court the record in the pro- ceeding, as provided in section 2112 of title 28. Upon the filing of such petition, such court shall have jurisdiction, which upon the filing of the record shall except as provided in the last sen- tence of subsection (a) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Farm Credit Administra- tion. Review of such proceedings shall be had as provided in chapter 7 of title 5. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court upon certiorari, as provided in section 1254 of title 28. (c) Proceedings operating as stays of orders The commencement of proceedings for judicial review under subsection (b) shall not, unless spe- cifically ordered by the court, operate as a stay of any order issued by the Farm Credit Adminis- tration. (Pub. L. 92–181, title V, § 5.30, as added Pub. L. 99–205, title II, § 204, Dec. 23, 1985, 99 Stat. 1699; amended Pub. L. 100–233, title VIII, § 805(cc), Jan. 6, 1988, 101 Stat. 1717.) Editorial Notes PRIOR PROVISIONS A prior section 5.30 of Pub. L. 92–181 was renumbered section 5.44 and transferred from section 2260 to section 2275 of this title, prior to repeal by Pub. L. 115–334, title V, § 5411(36), Dec. 20, 2018, 132 Stat. 4683. AMENDMENTS 1988—Subsec. (a). Pub. L. 100–233 substituted ‘‘this section’’ for ‘‘this subsection (g)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective thirty days after Dec. 23, 1985, see section 401 of Pub. L. 99–205, set out as an Effective Date of 1985 Amendment note under section 2001 of this title. § 2267. Jurisdiction and enforcement The Farm Credit Administration may in its discretion apply to the United States district court, or the United States court of any terri- tory, within the jurisdiction of which the home office of the institution is located, for the en- forcement of any effective and outstanding no- tice or order issued under this part, and such courts shall have jurisdiction and power to order and require compliance herewith; but except as otherwise provided in this part no court shall have jurisdiction to affect by injunction or oth- erwise the issuance or enforcement of any notice or order under this part, or to review, modify, suspend, terminate, or set aside any such notice or order. For purposes of this section, any direc- tive issued under section 2154(b)(2), 2154a(e), or 2202a(h) of this title shall be treated as an effec- tive and outstanding order issued under section 2261 of this title that has become final. (Pub. L. 92–181, title V, § 5.31, as added Pub. L. 99–205, title II, § 204, Dec. 23, 1985, 99 Stat. 1700; amended Pub. L. 100–233, title VIII, § 804(a)(1), Jan. 6, 1988, 101 Stat. 1714; Pub. L. 115–334, title V, § 5411(32), Dec. 20, 2018, 132 Stat. 4683.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–334 substituted ‘‘2202a(h)’’ for ‘‘2202a(i)’’. 1988—Pub. L. 100–233 inserted at end ‘‘For purposes of this section, any directive issued under section 2154(b)(2), 2154a(e), or 2202a(i) of this title shall be treat- ed as an effective and outstanding order issued under section 2261 of this title that has become final.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective thirty days after Dec. 23, 1985, see section 401 of Pub. L. 99–205, set out as an Effective Date of 1985 Amendment note under section 2001 of this title. § 2267a. Jurisdiction over institution-affiliated parties (a) In general For purposes of sections 2261, 2262, and 2268 of this title, the jurisdiction of the Farm Credit Administration over parties, and the authority of the Farm Credit Administration to initiate actions, shall include enforcement authority over institution-affiliated parties. (b) Effect of separation on jurisdiction and au- thority Subject to subsection (c), the resignation, ter- mination of employment or participation, or separation of an institution-affiliated party (in- cluding a separation caused by the merger, con- solidation, conservatorship, or receivership of a Farm Credit System institution) shall not affect the jurisdiction and authority of the Farm Cred- it Administration to issue any notice or order and proceed under this part against that party. (c) Limitation To proceed against a party under subsection (b), the notice or order described in that sub- section shall be served not later than 6 years Page 1369 TITLE 12—BANKS AND BANKING § 2268 after the date on which the party ceased to be an institution-affiliated party with respect to the applicable Farm Credit System institution. (d) Applicability The date on which a party ceases to be an in- stitution-affiliated party described in subsection (c) may occur before, on, or after December 20, 2018. (Pub. L. 92–181, title V, § 5.31A, as added Pub. L. 115–334, title V, § 5407, Dec. 20, 2018, 132 Stat. 4677.) § 2268. Penalty (a) Forfeiture and payment; compromise, modi- fication, or remitting by Farm Credit Admin- istration; assessment and collection by writ- ten notice Any institution in the System that violates or any officer, director, employee, agent, or other person participating in the conduct of the af- fairs of such an institution who violates the terms of any order that has become final and was issued under section 2261 or 2262 of this title, shall forfeit and pay a civil penalty of not more than $1,000 per day for each day during which such violation continues. Any such institution or person who violates any provision of this chapter or any regulation issued under this chapter shall forfeit and pay a civil penalty of not more than $500 per day for each day during which such violation continues. Notwith- standing the preceding sentences, the Farm Credit Administration may, in its discretion, compromise, modify, or remit any civil money penalty that is subject to imposition or has been imposed under such authority. The penalty may be assessed and collected by the Farm Credit Administration by written notice. (b) Factors determining amount Before determining whether to assess a civil money penalty and determining the amount of such penalty, the Farm Credit Administration shall notify the institution or person to be as- sessed of the violation or violations alleged to have occurred or to be occurring, and shall so- licit the views of the institution or person re- garding the imposition of such penalty. In deter- mining the amount of the penalty, the Farm Credit Administration shall take into account the appropriateness of the penalty with respect to the size of financial resources and good faith of the System institution or person charged, the gravity of the violation, the history of previous violations, and such other matters as justice may require. (c) Notice and hearing; final orders The System institution or person assessed shall be afforded an opportunity for a hearing by the Farm Credit Administration, upon request made within ten days after issuance of the no- tice of assessment. In such hearing all issues shall be determined on the record pursuant to section 554 of title 5. The Farm Credit Adminis- tration determination shall be made by final order which may be reviewed only as provided in subsection (d). If no hearing is requested as herein provided, the assessment shall constitute a final and unappealable order. (d) Judicial review Any System institution or person against whom an order imposing a civil money penalty has been entered after a Farm Credit Adminis- tration hearing under this section may obtain review by the United States court of appeals for the circuit in which the home office of the Sys- tem institution is located, or the United States Court of Appeals for the District of Columbia Circuit, by filing a notice of appeal in such court within twenty days after the service of such order, and simultaneously sending a copy of such notice by registered or certified mail to the Farm Credit Administration. The Farm Credit Administration shall promptly certify and file in such Court the record upon which the penalty was imposed, as provided in section 2112 of title 28. Final orders of the Farm Credit Administra- tion issued under subsection (c) shall be review- able under chapter 7 of title 5. (e) Action by Attorney General to recover amount assessed If any System institution or person fails to pay an assessment after it has become a final and unappealable order, or after the court of ap- peals has entered final judgment in favor of the Farm Credit Administration, the Farm Credit Administration shall refer the matter to the At- torney General, who shall recover the amount assessed by action in the appropriate United States district court. In such action, the valid- ity and appropriateness of the final order impos- ing the penalty shall not be subject to review. (f) Rules and regulations The Farm Credit Administration shall promul- gate regulations establishing procedures nec- essary to implement section 2267 of this title and this section. (g) Payment into Treasury All penalties collected under authority of this section shall be covered into the Treasury of the United States. (h) Directives as final orders For purposes of this section, any directive issued under section 2154(b)(2), 2154a(e), or 2202a(h) of this title shall be treated as an order that has become final and was issued under sec- tion 2261 of this title. (Pub. L. 92–181, title V, § 5.32, as added Pub. L. 99–205, title II, § 204, Dec. 23, 1985, 99 Stat. 1700; amended Pub. L. 100–233, title IV, § 423, title VIII, §§ 804(a)(2), 805(dd), Jan. 6, 1988, 101 Stat. 1656, 1714, 1717; Pub. L. 115–334, title V, § 5411(33), Dec. 20, 2018, 132 Stat. 4683.) Editorial Notes AMENDMENTS 2018—Subsec. (h). Pub. L. 115–334 substituted ‘‘2202a(h)’’ for ‘‘2202a(i)’’. 1988—Subsec. (a). Pub. L. 100–233, § 423(a), substituted ‘‘continues. Any such institution or person who vio- lates any provision of this chapter or any regulation issued under this chapter shall forfeit and pay a civil penalty of not more than $500 per day for each day dur- ing which such violation continues. Notwithstanding the preceding sentences,’’ for ‘‘continues, but’’. Subsec. (b). Pub. L. 100–233, § 423(b), inserted ‘‘Before determining whether to assess a civil money penalty