12 2 STA T . 2 70 7 PUBLIC LA W 110 – 2 89—J UL Y3 0 , 2008 of the e n te rp r is eto c o m ment on the propose d determin a tion or action of the D irector .‘ ‘ (3)CONSIDERAT ION O F INFOR M ATION AND FINA L DETER - MINATION. — ‘‘( A ) I N G ENERAL.—After the e x piration of the response period u nder para g raph ( 2 ) , or upon receipt of information pro v ided during such period by the enterprise, w hichever occurs ear l ier, the Director shall issue a final determination on— ‘‘(i) whether the enterprise has failed, or there is a substantial probability that the enterprise will fail, to meet the housing goal
and ‘‘(ii) whether (ta k ing into consideration market and economic conditions and the financial condition of the enterprise) the achievement of the housing goal was or is feasible. ‘‘( B ) CONSIDERATIONS.—In making a final determina- tion under subparagraph (A), the Director shall take into consideration any relevant information submitted by the enterprise during the response period. ‘‘(C) N OTI C E.— T he Director shall provide written notice, including a response to any information submitted during the response period, to the enterprise, the Com- mittee on Banking, H ousing, and U rban Affairs of the S enate, and the Committee on F inancial Services of the House of R epresentatives, of— ‘‘(i) each final determination under this paragraph that an enterprise has failed, or that there is a substan- tial probability that the enterprise will fail, to meet a housing goal; ‘‘(ii) each final determination that the achievement of a housing goal was or is feasible; and ‘‘(iii) the reasons for each such final determination. ‘‘(c) CEASE AND DESIST, CI V IL M ONE YP ENALTIES, AND REMEDIES INCL U DING HOUSING PLANS.— ‘‘( 1 )RE Q UIREMENT.—If the Director finds, pursuant to sub- section (b), that there is a substantial probability that an enter- prise will fail, or has actually failed, to meet any housing goal under this subpart, and that the achievement of the housing goal was or is feasible, the Director may re q uire that the enterprise submit a housing plan under this subsection. If the Director makes such a finding and the enterprise refuses to submit such a plan, submits an unacceptable plan, or fails to comply with the plan, the Director may issue a cease and desist order in accordance with section 13 4 1 and impose civil money penalties in accordance with section 134 5 . ‘‘(2) HOUSING P LAN.—If the Director requires a housing plan under this subsection, such a plan shall be— ‘‘(A) a feasible plan describing the specific actions the enterprise will take— ‘‘(i) to achieve the goal for the next calendar year; and ‘‘(ii) if the Director determines that there is a substantial probability that the enterprise will fail to meet a goal in the current year, to make such improve- ments and changes in its operations as are reasonable in the remainder of such year; and
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