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8000 - Miscellaneous Statutes and Regulations
SEC. 6. [Repealed]
SEC. 7. APPLICABILITY.
The provisions of this Act shall apply to the United States and to
Puerto Rico, Guam, and the Virgin Islands.
[Codified to 12 U.S.C. 1466]
[Source: Section 301 of title III of the Act of August 9, 1989
(Pub. L. No. 101--73; 103 Stat. 315), effective August 9,
1989]
SEC. 8. DISTRICT ASSOCIATIONS.
(a) IN GENERAL.--The Director shall, with respect to all
incorporated or unincorporated building, building or loan, building and
loan, or homestead associations, and similar institutions, of or
transacting or doing business in the District of Columbia, or
maintaining any office in the District of Columbia (other than Federal
savings associations), have the same powers and functions as to
examination, operation, and regulation as the Director has with respect
to Federal savings associations.
(b) ADDITIONAL POWERS.--Any such association or
institution incorporated under the laws of, or organized in, the
District of Columbia shall have in addition to any existing statutory
authority such statutory authority as is vested in Federal savings
associations.
(c) CHARTER AMENDMENTS.--Charters, certificates of
incorporation, articles of incorporation, constitutions, bylaws, or
other organic documents of associations or institutions referred to in
subsection (b) of this section may, without regard to anything
contained therein or otherwise, be amended in such manner and to such
extent and upon such votes if any as the Director may by regulation or
otherwise provide.
(d) LIMITATION.--Nothing in this section shall cause, or
permit the Director to cause, District of Columbia associations to be
or become Federal savings associations, or require the Director to
impose on District of Columbia associations the same regulations as are
imposed on Federal savings associations.
[Codified to 12 U.S.C. 1466a]
[Source: Section 301 of title III of the Act of August 9,
1989 (Pub. L. No. 101--73; 103 Stat. 315), effective August 9,
1989]
SEC. 9. EXAMINATION FEES.
(a) EXAMINATION OF SAVINGS ASSOCIATIONS.--The cost of
conducting examinations of savings associations pursuant to
section 5(d) shall be assessed
by the Director against each such savings association as the Director
deems necessary or appropriate.
{{10-31-07 p.8724.01}}
(b) EXAMINATION OF AFFILIATES.--The cost of conducting
examinations of affiliates of savings associations pursuant to this Act
may be assessed by the Director against each affiliate that is examined
as the Director deems necessary or appropriate.
(c) Assessment Against Association in Case of Affiliate's
Refusal To Pay.--
(1) IN GENERAL.--Subject to paragraph (2), if any
affiliate of any savings association--
(A) refuses to pay any assessment under subsection (b);
or
{{4-30-97 p.8725}}
(B) fails to pay any such assessment before the end of the 60-day
period beginning on the date of the assessment,
the Director may assess such cost against, and collect such cost
from, such savings association.
(2) AFFILIATE OF MORE THAN 1 SAVINGS ASSOCIATION.--If
any affiliate referred to in paragraph (1) is an affiliate of more than
1 savings association, the assessment with respect to the affiliate
against, and collected from, any affiliated savings association in such
proportions as the Director may prescribe.
(d) Civil Money Penalty for Affiliate's Refusal To
Cooperate.--
(1) PENALTY IMPOSED.--If any affiliate of any savings
association--
(A) refuses to permit any examiner appointed by the Director to
make an examination; or
(B) refuses to provide any information required to be disclosed
in the course of any examination, the savings association shall forfeit
and pay a civil penalty of not more than $5,000 for each day that any
such refusal continues.
(2) ASSESSMENT AND COLLECTION.--Any penalty imposed
under paragraph (1) shall be assessed and collected by the Director, in
the manner provided in section
8(i)(2) of the Federal Deposit Insurance Act.
(e) REGULATIONS.--Only the Director may prescribe
regulations with respect to--
(1) the computation of, and the assessment for, the cost of
conducting examinations pursuant to this section; and
(2) the collection and use of such assessments and any fees under
this section.
Such regulations may establish formulas to determine a fee or
schedule of fees to cover the costs of examinations and also to cover
the cost of processing applications, filings, notices, and requests for
approvals by the Director or the Director's designee.
(f) Collection Through FDIC or Federal Home Loan
Banks.--The Corporation or the Federal home loan banks shall, upon
request of and by agreement with the Director, collect fees and
assessments on behalf of the Director and be reimbursed for the actual
cost of collection.
(g) COSTS OF OTHER EXAMINATIONS.--
(1) EXAMINATION OF FIDUCIARY ACTIVITIES.--In addition to
any assessment imposed pursuant to subsection (a), the cost of
conducting examinations of fiduciary activities of savings associations
which exercise fiduciary powers (including savings associations or
similar institutions in the District of Columbia) shall be assessed by
the Director against such savings associations (or similar
institutions).
(2) EXAMINATIONS IN EXCESS OF 2 PER CALENDAR YEAR.--If
any savings association or affiliate of a savings association is
examined by the Director, or the Corporation, as the case may be, more
than 2 times in any calendar year, the cost of conducting such
additional examinations shall be assessed, in addition to any
assessment imposed pursuant to subsection (a), by the Director or the
Corporation, as the case may be, against such savings association or
affiliate.
(h) ADDITIONAL INFORMATION.--Any savings association and
any affiliate of any savings association shall provide the Director
with access to any information or report with respect to any
examination made by any public regulatory authority and furnish any
additional information with respect thereto as the Director may
require.
(i) Treatment of Examination Assessments.—
(1) DEPOSITS.--Amounts received by the Director from
assessments under this section (other than an assessment under
subsection (d)(2)) or section 10(b)(4) may be deposited in the manner
provided in section 5234 of the Revised Statutes with respect to
assessments by the Comptroller of the Currency.
(2) ASSESSMENTS ARE NOT GOVERNMENT FUNDS.--The amounts
received by the Director from any assessment under this section shall
not be construed to be Government or public funds or appropriated
money.
(3) Assessments are not subject to apportionment of
funds.--Notwithstanding any other provision of law, the amounts
received by the Director from any assessment
{{4-30-97 p.8726}}under this section
shall not be subject to apportionment for the purpose of chapter 15 of
title 31, United States Code, or under any other authority.
(j) PROCESSING FEE.--The Director may, in the Director's
sole discretion, assess against any person that submits to the Director
an application, filing, notice, or request a fee to cover the cost of
processing such submission.
(k) FEES FOR EXAMINATIONS AND SUPERVISORY ACTIVITIES.--The
Director may assess against institutions for which the Director is the
appropriate Federal banking agency, as defined in
section 3 of the Federal
Deposit Insurance Act, fees to fund the direct and indirect expenses of
the Office as the Director deems necessary or appropriate. The fees may
be imposed more frequently than annually at the discretion of the
Director.
(l) WORKING CAPITAL.--The Director is
authorized to impose fees and assessments pursuant to subsections (a),
(b), (e), and (k) of this section, in excess of actual expenses for any
given year, to permit the Director to maintain a working capital fund.
The Director shall remit to the payors of such fees and assessments any
funds collected in excess of what he deems necessary to maintain such
working capital fund.
(m) USE OF FUNDS.--The Director is authorized to use the
combined resources retained through fees and assessments imposed
pursuant to this section to pay all direct and indirect salary and
administrative expenses of the Office, including contracts and
purchases of property and services, and the direct and indirect
expenses of the examinations and supervisory activities of the Office.
[Codified to 12 U.S.C. 1467]
[Source: Section 301 of title III of the Act of August 9,
1989 (Pub. L. No. 101--73; 103 Stat. 316), effective August 9, 1989; as
amended by section 114(c) of title I of the Act of December 19, 1991
(Pub. L. No. 102--242; 105 Stat. 2248), effective December 19,
1993]
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