12 2 STA T . 2 6 6 9PUBLIC LA W 11 0– 2 8 9 —J UL Y3 0 , 2008 SEC.1 1 06 . A SSESS M E NT S. Section13 1 6 o f t h e F e d e ralH o us in gE nter p rises Financial Safet y and Soundness A ctof1 9 9 2( 12 U. S. C . 45 16 ) isa m ended — (1) b y stri k ing subsection (a) and inserting the follo w ing
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‘(a) A N N UAL A S S E SS M EN T S.— T he D irector shall establish and collect from the regulated entities annual assessments in an amount not e x ceeding the amount sufficient to pro v ide for reasonable costs (including administrative costs) and expenses of the Agency , including— ‘‘(1) the expenses of any examinations under section 131 7 of this Act and under section 2 0 of the Federal Home L oan B ank Act
‘‘(2) the expenses of obtaining any reviews and credit assessments under section 1319; ‘‘(3) such amounts in excess of actual expenses for any given year as deemed necessary by the Director to maintain a working capital fund in accordance with subsection (e); and ‘‘(4) the windup of the affairs of the O ffice of Federal Housing Enterprise Oversight and the Federal Housing Finance Board under title I II of the Federal Housing Finance R egulatory Reform Act of 200 8 . ’ ’; (2) in subsection (b)— (A) by realigning the margins of paragraph (2) two ems from the left, so as to align the left margin of such paragraph with the left margins of paragraph (1); (B) by redesignating paragraphs (2) and (3) as para - graphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following: ‘‘(2) SE P A R ATE TREATMENT OF FE D ERAL H OME LOAN B AN K AND ENTERPR I SE ASSESSMENTS.—Assessments collected from the enterprises shall not exceed the amounts sufficient to provide for the costs and expenses described in subsection (a) relating to the enterprises. Assessments collected from the Federal Home Loan Banks shall not exceed the amounts sufficient to provide for the costs and expenses described in subsection (a) relating to the Federal Home Loan Banks.’’; (3) by striking subsection (c) and inserting the following: ‘‘(c) IN C REASED COSTS OF RE G ULATION.— ‘‘(1) INCREASE FOR INADE Q UATE CAPITALI Z ATION.—The semi- annual payments made pursuant to subsection (b) by any regu- lated entity that is not classified (for purposes of subtitle B) as ade q uately capitali z ed may be increased, as necessary, in the discretion of the Director to pay additional estimated costs of regulation of the regulated entity. ‘‘(2) AD J USTMENT FOR ENFORCEMENT ACTI V ITIES.—The Director may ad j ust the amounts of any semiannual payments for an assessment under subsection (a) that are to be paid pursuant to subsection (b) by a regulated entity, as necessary in the discretion of the Director, to ensure that the costs of enforcement activities under this Act for a regulated entity are borne only by such regulated entity. ‘‘(3) ADDITIONAL ASSESSMENT FOR DEFICIENCIES.—If at any time, as a result of increased costs of regulation of a regulated entity that is not classified (for purposes of subtitle B) as adequately capitalized or as the result of supervisory or enforce- ment activities under this Act for a regulated entity, the amount
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