Page:United States Statutes at Large Volume 103 Part 1.djvu/345

 PUBLIC LAW 101-73 —AUG. 9, 1989 103 STAT. 317 "(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 associa- tions (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 conduct- ing 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 assess- ments 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 (Domptroller 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 under this section shall not be subject to apportionment for the pur- pose 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 sigainst institutions for which the Director is the appropriate Federal banking agency, within the meaning of section 3 of the Federal Deposit Insurance Act, fees to fund the direct and indirect expenses of the Office. Such fees shall be imposed in proportion of the assets or resources of the institutions. The fees may be imposed more frequently than annually at the discretion of the Director. The annual rate of such fees shall be the same for all institutions subject to such fees. "(1) 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.

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