Page:United States Statutes at Large Volume 105 Part 3.djvu/363

 PUBLIC LAW 102-242—DEC. 19, 1991 105 STAT. 2247 "(1) REGULAR AND SPECIAL EXAMINATIONS OF DEPOSITORY INSTITUTIONS. —The cost of conducting any regular examination or special examination of any depository institution under subsection (b)(2), (b)(3), or (d) may be assessed by the Corporation against the institution to meet the Corporation's expenses in carrying out such examinations. "(2) EXAMINATION OF AFFIUATES.— The cost of conducting any examination of any affiliate of any insured depository institution under subsection (b)(4) may be assessed by the Corporation Eigainst each affiliate which is examined to meet the Corporation's expenses in carrying out such examination. "(3) ASSESSMENT AGAINST DEPOSITORY INSTITUTION IN CASE OF AFFILIATE'S REFUSAL TO PAY. — "(A) IN GENERAL.— Subject to subparagraph (B), if any affiliate of any insured depository institution— "(i) refuses to pay any assessment under paragraph (2); or "(ii) fails to pay any such assessment before the end of the 60-day period beginning on the date the affiliate receives notice of the assessment, the Corporation may assess such cost against, and collect such cost from, the depository institution. "(B) AFFIUATE OF MORE THAN 1 DEPOSITORY INSTITUTION. — If any affiliate referred to in subparagraph (A) is an affiliate of more than 1 insured depository institution, the assessment under subparagraph (A) may be assessed against the depository institutions in such proportions as the Corporation determines to be appropriate. "(4) CIVIL MONEY PENALTY FOR AFFILIATE'S REFUSAL TO COOPERATE.— "(A) PENALTY IMPOSED. —I f any affiliate of any insured depository institution— "(i) refuses to permit an examiner appointed by the Board of Directors under subsection (b)(1) to conduct an examination; or "(ii) refuses to provide any information required to be disclosed in the course of any examination, the depository institution shall forfeit and pay a penalty of not more than $5,000 for each day that any such refusal continues. "(B) ASSESSMENT AND COLLECTION. — Any penalty imposed under subparagraph (A) shall be assessed and collected by the Corporation in the manner provided in section 8(i)(2), "(5) DEPOSITS OF EXAMINATION ASSESSMENT. — Amounts received by the Corporation under this subsection (other than paragraph (4)) may be deposited in the manner provided in section 13.". (b) EXAMINATIONS OF APPLICANTS FOR DEPOSIT INSURANCE. — Section 10(b)(2)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1820(b)(2)(B)) is amended to read as follows: "(B) any depository institution which files an application with the Corporation to become an insured depository institution;". (c) TECHNICAL AND CONFORMING AMENDMENT.— (1) Section 7(b)(10) of the Federal Deposit Insurance Act (as so redesignated by section 103(b) of this Act) is amended by inserting "or section 10(e)" after "under this section".

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