§16 — Title 12 Banks and Banking | U.S. Code

Summary

The Comptroller of the Currency can charge assessments, fees, or other costs to any entity listed in section 1813(q)(1) to pay for running the Office. When setting fees, the Comptroller can look at what the entity does, the kinds and size of its assets, its financial and management condition, and other relevant facts. Money collected can be deposited under section 192, but it is not government appropriated money and is not subject to federal budget apportionment rules. This power adds to the Comptroller’s other authorities under subchapter XV of chapter 3. The Comptroller alone decides how the Office takes on and pays its bills and expenses, except that employee pay is governed by chapter 71 of title 5.

Title 12, §16

Banks and Banking — Source: USLM XML via OLRC

The Comptroller of the Currency may collect an assessment, fee, or other charge from any entity described in section 1813(q)(1) of this title, as the Comptroller determines is necessary or appropriate to carry out the responsibilities of the Office of the Comptroller of the Currency. In establishing the amount of an assessment, fee, or charge collected from an entity under this section, the Comptroller of the Currency may take into account the nature and scope of the activities of the entity, the amount and type of assets that the entity holds, the financial and managerial condition of the entity, and any other factor, as the Comptroller of the Currency determines is appropriate. Funds derived from any assessment, fee, or charge collected or payment made pursuant to this section may be deposited by the Comptroller of the Currency in accordance with the provisions of section 192 of this title. Such funds shall not be construed to be Government funds or appropriated monies, and shall not be subject to apportionment for purposes of chapter 15 of title 31 or any other provision of law. The authority of the Comptroller of the Currency under this section shall be in addition to the authority under subchapter XV of chapter 3. The Comptroller of the Currency shall have sole authority to determine the manner in which the obligations of the Office of the Comptroller of the Currency shall be incurred and its disbursements and expenses allowed and paid, in accordance with this section, except as provided in chapter 71 of title 5 (with respect to compensation).

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subchapter XV of chapter 3, referred to in first par., was in the original a reference to section 5240 of the Revised Statutes.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 111–203, title III, § 318(e), July 21, 2010, 124 Stat. 1527, provided that: “This section [enacting this section and amending section 248, 481, 482, and 1820 of this title], and the

Amendments

made by this section, shall take effect on the transfer date.” [For definition of “transfer date” as used in section 318(e) of Pub. L. 111–203, set out above, see section 5301 of this title.]

§16 Funding of Office