PUBLIC LAW 101-235—DEC. 15, 1989 103 STAT. 1995 (5) The term "knowingly" means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibitions under this section. (n) ErFBcnvE DATE.—This section shall take effect on the date specified in regulations implementing this section that are issued by the Secretary after notice and public comment. SEC. 103. PROHffiinON OF ADVANCE DISCLOSURE OF FUNDING DECI- SIONS. The Department of Housing and Urban Development Act is amended by adding at the end the following new section: "PEOHIBinON OP ADVANCE DISCLOSURE OF FUNDING DECISIONS "SEC. 12. (a) PROHIBITED ACTIONS.— During any selection process, 42 USC 3537a. no officer or employee of the Department of Housing and Urban Development shall knowingly disclose any covered selection information r^arding such selection, directly or indirectly, to any person other than a person authorized by the Secretary to receive such information. "(b) ADMINISTRATIVE REMEDIES. —If the Secretary receives or ob- tains information providing a reasonable basis to believe that a violation of subsection (a) has occurred, the Secretary shall— "(1) in the case of a selection that has not been made, deter- mine whether to terminate the selection process or take other appropriate actions; and "(2) in the case of a selection that has been made, determine whether to— "(A) void or rescind the selection, subject to review and determination on the record after opportunity for a hear- ing; "(B) impose sanctions upon the violating applicant se- lected, subject to review and determination on the record after opportunity for a hearing; "(CD permit the violating applicant selected to continue to participate in the program; or "(D) take any other actions that the Secretary considers appropriate. "(c) CIVIL MONEY PENALTIES.— "(1) IN GENERAL.—Whenever any employee of the Department knowingW and materially violates the prohibition in subsection (a), the Secretary may impose a civil money penalty on the employee in accordance with the provisions of this subsection. This penalty shall be in addition to any other available civil remedy or any available criminal penalty and may be imposed whether or not the Secretary takes other disciplinary actions. "(2) AMOUNT.—The amount of the penalty, as determined by the Secretary, may not exceed $10,000 for each violation. "(3) AGENCY PROCEDURES. — " (A) ESTABLISHMENT. — The Secretary shall establish standards and procedures governing the imposition of civil money penalties under this subsection. The standards and procedures— "(i) shall provide for the Secretary or other official of the Department to make the determination to impose a penalty or to use an administrative entity to make the determination;
�
