; or (ii) any requirement described in a Standard Operating Procedures Manual or Policy Notice relating to a program or function of the Office of Capital Access. (B) Enforcement actions The decision to take an enforcement action against a certified development company under subparagraph (A) shall be based on the severity or frequency of the violation and may include assessing a civil monetary penalty against the company in an amount that is not greater than $250,000. (3) Failure to submit annual report With respect to a certified development company that, as of the date that is 30 days after the date on which the company is required to submit any report, fails to submit that report, the Director may— (A) suspend the company from participating in the program established under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ) for a period that is not longer than 30 days; or (B) impose a penalty on the company in an amount to be determined by the Director, except that the amount of the penalty shall be not more than $10,000. (m) Fee authority regarding certified development companies (1) In general On and after the date that is 1 year after the date of enactment of this subsection, the Office may collect from each certified development company a fee, the amount of which— (A) shall be determined on a graduated scale according to the size of the portfolio of the certified development company with respect to the program carried out under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. )