12 2 STA T . 2 670PUBLIC LA W 110 – 2 89—J UL Y3 0 , 2008 av a il a b l efrom a nys emiann u al p aymen t ma d ebysu ch re g u - lated entity pursuant to subsection ( b ) is insufficient to cover the costs of the A gency w ith respect to such entity , the D irector may ma k e and collect from such regulated entity an immediate assessment to cover the amount of such deficiency for the semiannual period .I f, at the end of any semiannual period during which such an assessment is made, any amount remains from such assessment, such remaining amount shall be deducted from the assessment for such regulated entity for the following semiannual period. ’ ’
( 4 ) in subsection (d), by striking ‘ ‘If’’ and inserting ‘‘ Ex cept with respect to amounts collected pursuant to subsection (a)( 3 ), if’’; and ( 5 ) by striking subsections (e) through (g) and inserting the following
‘‘(e) WORKINGCAP I T A LFU N D . — At the end of each year for which an assessment under this section is made, the Director shall remit to each regulated entity any amount of assessment collected from such regulated entity that is attributable to subsection (a)(3) and is in excess of the amount the Director deems necessary to maintain a working capital fund. ‘‘(f) T R E AT M ENT O F A S SESSMENTS.— ‘‘( 1 ) DEPOSIT.—Amounts received by the Director from assessments under this section may be deposited by the Director in the manner provided in section 5 2 34 of the R evised S tatutes of the U nited States (12 U.S.C. 1 9 2) for monies deposited by the Comptroller of the Currency. ‘‘(2) N OT GO V ERNMENT FUNDS.—The amounts received by the Director from any assessment under this section shall not be construed to be G overnment or public funds or appropriated money. ‘‘(3) NO APPORTIONMENT OF FUNDS.—Notwithstanding any other provision of law, the amounts received by the Director from any assessment under this section shall not be sub j ect to apportionment for the purpose of chapter 15 of title 31, United States Code, or under any other authority. ‘‘(4) USE OF FUNDS.—The Director may use any amounts received by the Director from assessments under this section for compensation of the Director and other employees of the Agency and for all other expenses of the Director and the Agency. ‘‘(5) AVAILA B ILIT Y OF OVERSIG H T FUND AMOUNTS.—Notwith- standing any other provision of law, any amounts remaining in the Federal H ousing Enterprises O versight Fund established under this section (as in effect before the effective date of the Federal Housing Finance Regulatory Reform Act of 2 0 0 8 , and any amounts remaining from assessments on the Federal Home L oan B anks pursuant to section 18(b) of the Federal Home Loan Bank Act (12 U.S.C. 1438(b)), shall, upon such effective date, be treated for purposes of this subsection as amounts received from assessments under this section. ‘‘( 6 ) TREASURY INVESTMENTS.— ‘‘(A) AUTHORITY.—The Director may re q uest the Sec- retary of the Treasury to invest such portions of amounts received by the Director from assessments paid under this section that, in the Director’s discretion, are not required to meet the current working needs of the Agency.
�
