101 
(B) issue and serve upon each party to the 
proceeding an order or orders consistent with 
the provisions of this subtitle; and 
(C) include findings of fact upon which the 
decision of the Commissioner is predicated. 
(b) JUDICIAL REVIEW.— 
(1) IN GENERAL.—Judicial review of any order 
under this subtitle shall be limited to the provisions 
under this section. 
(2) MODIFICATION OR TERMINATION OF ORDER 
BY COMMISSIONER.— 
(A) BEFORE APPEAL.—Until a petition for 
review is timely filed in a court of appeals of 
the United States, in accordance with para-
graph (3), the Commissioner may modify, ter-
minate, or set aside any order under this sec-
tion. 
(B) AFTER APPEAL.—After an appeal de-
scribed under subparagraph (A) is filed, the 
Commissioner may not modify, terminate, or 
set aside any order under this section without 
the permission of the court. 
(3) FILING OF PETITION.— 
(A) IN
GENERAL.—Except as provided 
under subparagraph (B), any party to a pro-
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102 
ceeding under this section may obtain judicial 
review of any order served under subsection (a) 
by filing a written petition in a court of appeals 
described in subparagraph (C) not later than 
30 days after the date of service of such order, 
requesting that the order of the Commissioner 
be modified, terminated, or set aside. 
(B) EXCEPTION.—Judicial review shall not 
be available for an order issued under sub-
section (d) with the consent of the national in-
surer or national agency, the federally licensed 
insurance producer, or the insurer-affiliated 
party. 
(C) JURISDICTION.—After a petition is 
filed under this paragraph, the following courts 
shall have exclusive jurisdiction to modify, ter-
minate, or set aside, in whole or in part, the 
order of the Commissioner: 
(i) The court of appeals of the United 
States for the circuit in which— 
(I) the main office of the national 
insurer or national agency is located; 
or 
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103 
(II) the federally licensed insur-
ance producer or the insurer-affiliated 
party is located. 
(ii) The United States Court of Ap-
peals for the District of Columbia circuit. 
(4) FILING OF RECORD.—The clerk of the court 
shall transmit a copy of the petition filed under 
paragraph (3) to the Commissioner, who shall file in 
the court the record in the proceeding, in accordance 
with section 2112 of title 28, United States Code. 
(5) EFFECT OF REVIEW PROCEEDINGS.—The 
commencement of proceedings for judicial review 
under this subsection shall not, unless specifically 
ordered by the court, operate as a stay of any order 
issued by the Commissioner. 
(6) FINAL JUDGMENT.—Judicial review under 
this section shall be subject to chapter 7 of title 5, 
United States Code. The judgment and decree of the 
court shall be final, except that the same shall be 
subject to review by the Supreme Court upon certio-
rari, as provided in section 1254 of title 28, United 
States Code. 
(c) ENFORCEMENT OF COMMISSIONER ORDER.— 
(1) APPLICATION.—The Commissioner may 
submit an application, to enforce any effective and 
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104 
outstanding notice or order issued under this sec-
tion, to the United States district court for the judi-
cial district in which— 
(A) the main office of the national insurer 
or national agency is located; 
(B) the federally licensed insurance pro-
ducer is located; or 
(C) the insurer-affiliated party is located. 
(2) JURISDICTION.—The courts described in 
paragraph (1)— 
(A) shall have jurisdiction and power to 
order and require compliance with an order of 
the Commissioner under this subtitle; and 
(B) except as otherwise provided in this 
subtitle, shall not have jurisdiction to affect, by 
injunction or otherwise, the issuance or enforce-
ment of any notice or order under this subtitle, 
or to review, modify, suspend, terminate, or set 
aside any such notice or order. 
SEC. 1149. CIVIL AND CRIMINAL PENALTIES. 
(a) CIVIL MONEY PENALTY.— 
(1) FIRST
TIER.—A national insurer or na-
tional agency, federally licensed insurance producer, 
or insurer-affiliated party shall pay a civil penalty of 
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105 
not more than $5,000 for each day during which 
such person— 
(A) violates any law or regulation; 
(B) violates any final order or temporary 
order issued pursuant to section 1143, 1144, 
1145, or 1146; 
(C) violates any condition imposed in writ-
ing by the Commissioner in connection with the 
grant of any application or other request by 
such national insurer or national agency, pro-
ducer or party; or 
(D) violates any written agreement be-
tween such national insurer or national agency, 
producer, or party and the Commissioner. 
(2) SECOND TIER.—Notwithstanding paragraph 
(1), a national insurer, national agency, federally li-
censed insurance producer, or insurer-affiliated 
party shall pay a civil penalty of not more than 
$25,000 for each day— 
(A) during which such person— 
(i) commits any violation described in 
any clause of paragraph (1); 
(ii) recklessly engages in any conduct 
that is hazardous to a national insurer, 
State insurer, or national agency and that 
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106 
involves an undue risk to the policyholders, 
as a whole, of such national insurer or 
State insurer, or the policyholders, as a 
whole, serviced by such national agency; or 
(iii) breaches any fiduciary duty; and 
(B) for which such violation, conduct, or 
breach— 
(i) is part of a pattern of misconduct; 
(ii) causes or is likely to cause more 
than a minimal loss to such national in-
surer or State insurer; or 
(iii) results in pecuniary gain or other 
benefit to such national agency, producer, 
or affiliated party. 
(3) THIRD TIER.—Notwithstanding paragraphs 
(1) and (2), a national insurer, national agency, fed-
erally licensed insurance producer, or any insurer-af-
filiated party shall pay a civil penalty in an amount 
not to exceed the applicable maximum amount deter-
mined under paragraph (4) for each day during 
which such person— 
(A) knowingly— 
(i)(I) commits any violation described 
in any clause of paragraph (1); or 
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107 
(II) engages in any conduct that is 
hazardous to a national insurer, State in-
surer, or national agency and that involves 
an undue risk to the policyholders, as a 
whole, of such national insurer, State in-
surer, or the policyholders, as a whole, 
serviced by such national agency; and 
(ii) breaches any fiduciary duty; and 
(B) knowingly or recklessly causes a sub-
stantial loss to such national insurer, State in-
surer, or national agency or a substantial pecu-
niary gain or other benefit to such producer or 
affiliated party by reason of such violation, con-
duct, or breach. 
(4) MAXIMUM
AMOUNTS
OF
PENALTIES
FOR 
ANY VIOLATION DESCRIBED IN PARAGRAPH (3).— 
The maximum daily amount of any civil penalty 
which may be assessed under paragraph (3) for any 
violation, practice, or breach described in such para-
graph is $1,000,000. 
(5) ASSESSMENT.— 
(A) WRITTEN NOTICE.—Any penalty im-
posed under paragraph (1), (2), or (3) may be 
assessed and collected by the Commissioner by 
written notice, which shall contain a statement 
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108 
of the facts constituting the basis for the as-
sessment of any penalty imposed under para-
graph (1), (2), or (3). 
(B) FINALITY OF ASSESSMENT.—If, with 
respect to any assessment under subparagraph 
(A), a hearing is not requested under para-
graph (8) within the period of time allowed 
under such paragraph, the assessment shall 
constitute a final and unappealable order. 
(6) AUTHORITY
TO
MODIFY
OR
REMIT
PEN-
ALTY.—The Commissioner may compromise, modify, 
or remit any penalty which the Commissioner may 
assess or had already assessed under paragraph (1), 
(2), or (3). 
(7) MITIGATING FACTORS.—In determining the 
amount of any penalty imposed under paragraph 
(1), (2), or (3), the Commissioner shall take into ac-
count the appropriateness of the penalty in relation 
to— 
(A) the size of financial resources and good 
faith of the national insurer, national agency, or 
other person charged; 
(B) the gravity of the violation; 
(C) the history of previous violations; and 
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109 
(D) such other matters as justice may re-
quire. 
(8) HEARING.—The national insurer, national 
agency, or other person against whom any penalty is 
assessed under this paragraph shall be afforded a 
hearing by the Commissioner if such national in-
surer, national agency, or person submits a request 
for such hearing within 20 days after the issuance 
of the notice of assessment. 
(9) COLLECTION.— 
(A) REFERRAL.—If any national insurer, 
national agency, or other person fails to pay an 
assessment after any penalty assessed under 
this paragraph has become final, the Commis-
sioner shall recover the amount assessed by ac-
tion in the appropriate United States district 
court. 
(B) APPROPRIATENESS OF PENALTY NOT 
REVIEWABLE.—In any civil action under sub-
paragraph (A), the validity and appropriateness 
of the penalty shall not be subject to review. 
(10) DISBURSEMENT AND USE.—All penalties 
collected under authority of this paragraph shall be 
deposited into the Treasury, and shall not be used 
to fund the compensation of the Commissioner or 
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110 
employees of the Office or the expenses of the Of-
fice. 
(b) PREJUDGMENT ATTACHMENT.— 
(1) IN GENERAL.—In any action brought by the 
Commissioner under this section, or in actions 
brought in aid of, or to enforce an order in, any ad-
ministrative or other civil action for money damages, 
restitution, or civil money penalties brought by the 
Commissioner, the court may, upon application of 
the Commissioner, issue a restraining order that— 
(A) prohibits any person subject to the 
proceeding from withdrawing, transferring, re-
moving, dissipating, or disposing of any funds, 
assets, or other property; and 
(B) appoints a temporary receiver to ad-
minister the restraining order. 
(2) STANDARD.— 
(A) SHOWING.—Rule 65 of the Federal 
Rules of Civil Procedure shall apply with re-
spect to any proceeding under paragraph (1), 
without regard to the requirement of such rule 
that the applicant show that the injury, loss, or 
damage is irreparable and immediate. 
(B) STATE PROCEEDING.—If, in the case 
of any proceeding in a State court, the court 
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111 
determines that rules of civil procedure avail-
able under the laws of such State provide sub-
stantially similar protections to a party’s right 
to due process as rule 65, the relief sought 
under paragraph (1) may be requested under 
the laws of such State. 
(c) CRIMINAL PENALTY.— 
(1) IN
GENERAL.—Chapter 21 of title 18, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 404. Violation of order by Commissioner of Na-
tional Insurance 
‘‘Any person who, being subject to an order under 
section 1145 or 1146 of the National Insurance Act of 
2007, without the prior written approval of the Commis-
sioner of National Insurance, knowingly participates, di-
rectly or indirectly, in any manner (including by engaging 
in an activity specifically prohibited in such an order) in 
the conduct of the affairs of any national insurer or na-
tional agency shall be fined not more than $1,000,000, 
imprisoned for not more than 5 years, or both.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 21 of title 18, 
United States Code, is amended by adding at the 
end the following: 
‘‘Sec. 404. Violation of order by Commissioner of National Insurance.’’. 
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SEC. 1150. PUBLIC DISCLOSURES OF FINAL ORDERS AND 
AGREEMENTS. 
(a) IN GENERAL.—Unless the Commissioner deter-
mines that publication of any such agreement, statement, 
order, modification, or termination would be contrary to 
the public interest, the Commissioner shall, on a monthly 
basis, publish and make publicly available— 
(1) any written agreement or other written 
statement for which a violation may be enforced by 
the Commissioner; 
(2) any final order issued with respect to any 
administrative enforcement proceeding initiated by 
the Commissioner under this section or any other 
law; and 
(3) any modification to or termination of any 
order or agreement made public pursuant to this 
paragraph. 
(b) HEARINGS.—All hearings on the record with re-
spect to any notice of charges issued by the Commissioner 
shall be open to the public, unless the Commissioner deter-
mines that holding an open hearing would be contrary to 
the public interest. 
(c) TRANSCRIPT OF HEARING.—A transcript con-
taining all testimony and other documentary evidence shall 
be prepared for all hearings commenced pursuant to sec-
tion 1148. A transcript of public hearings shall be made 
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available to the public pursuant to section 552 of title 5, 
United States Code. 
(d) DOCUMENTS FILED UNDER SEAL.— 
(1) IN GENERAL.—The Commissioner may file 
any document or part of a document under seal in 
any administrative hearing commenced by the Com-
missioner if the Commissioner determines that dis-
closure of all or part of the document would be con-
trary to the public interest. 
(2) WRITTEN REPORT.—A written report shall 
be made part of any determination to withhold any 
part of a document from the transcript of the hear-
ing required under subsection (b). 
(e) RETENTION
OF DOCUMENTS.—The Commis-
sioner shall maintain a record for not less than 6 years 
of— 
(1) all the documents described in subsection 
(a); and 
(2) all informal enforcement agreements and 
other supervisory actions and supporting documents 
issued in connection with any administrative enforce-
ment proceeding initiated by the Commissioner. 
(f) DISCLOSURES TO CONGRESS.—No provision of 
this section may be construed to authorize the with-
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