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Title 12 — Banks and Banking

Part B · Chapter 53 — Wall Street Reform and Consumer Protection

§ 5345. Funding

Statutory text

(a)

Financial Research Fund

(1)

Fund established

There is established in the Treasury of the United States a separate fund to be known as the “Financial Research Fund”.

(2)

Fund receipts

All amounts provided to the Office under subsection (c),1 and all assessments that the Office receives under subsection (d) shall be deposited into the Financial Research Fund.

(3)

Investments authorized

(A)

Amounts in fund may be invested

The Director may request the Secretary to invest the portion of the Financial Research Fund that is not, in the judgment of the Director, required to meet the needs of the Office.

(B)

Eligible investments

Investments shall be made by the Secretary in obligations of the United States or obligations that are guaranteed as to principal and interest by the United States, with maturities suitable to the needs of the Financial Research Fund, as determined by the Director.

(4)

Interest and proceeds credited

The interest on, and the proceeds from the sale or redemption of, any obligations held in the Financial Research Fund shall be credited to and form a part of the Financial Research Fund.

(b)

Use of funds

(1)

In general

Funds obtained by, transferred to, or credited to the Financial Research Fund shall be immediately available to the Office, and shall remain available until expended, to pay the expenses of the Office in carrying out the duties and responsibilities of the Office.

(2)

Fees, assessments, and other funds not Government funds

Funds obtained by, transferred to, or credited to the Financial Research Fund shall not be construed to be Government funds or appropriated moneys.

(3)

Amounts not subject to apportionment

Notwithstanding any other provision of law, amounts in the Financial Research Fund shall not be subject to apportionment for purposes of chapter 15 of title 31, or under any other authority, or for any other purpose.

(c)

Interim funding

During the 2-year period following , the Board of Governors shall provide to the Office an amount sufficient to cover the expenses of the Office.

(d)

Permanent self-funding

Beginning 2 years after , the Secretary shall establish, by regulation, and with the approval of the Council, an assessment schedule, including the assessment base and rates, applicable to bank holding companies with total consolidated assets of $$250,000,000,000 2 or greater and nonbank financial companies supervised by the Board of Governors, that takes into account differences among such companies, based on the considerations for establishing the prudential standards under section 5325 of this title, to collect assessments equal to the total expenses of the Office.

Footnotes

  1. 1 So in original. Comma probably should not appear.
  2. 2 See Codification and 2018 Amendment notes below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Financial Stability Act of 2010

    Pub. L. 111–203 title I § 155 · 124 Stat. 1376

    Enacted · 12 U.S.C. § 5345

    Pub. L. 111–203, title I, § 155, July 21, 2010, 124 Stat. 1418

    Source evidence

    Code source credit
    Pub. L. 111–203, title I, § 155, July 21, 2010, 124 Stat. 1418

    Enacted provision · exact public law section
    SEC. 155. FUNDING. (a) Financial Research Fund.— (1) Fund established.— There is established in the Treasury of the United States a separate fund to be known as the “Financial Research Fund”. (2) Fund receipts.— All amounts provided to the Office under subsection (c), and all assessments that the Office receives under subsection (d) shall be deposited into the Financial Research Fund. (3) Investments authorized.— (A) Amounts in fund may be invested.— The Director may request the Secretary to invest the portion of the Financial Research Fund that is not, in the judgment of the Director, required to meet the needs of the Office. (B) Eligible investments.— Investments shall be made by the Secretary in obligations of the United States or obligations that are guaranteed as to principal and interest by the United States, with maturities suitable to the needs of the Financial Research Fund, as determined by the Director. (4) Interest and proceeds credited.— The interest on, and the proceeds from the sale or redemption of, any obligations held in the Financial Research Fund shall be credited to and form a part of the Financial Research Fund. (b) Use of Funds.— (1) In general.— Funds obtained by, transferred to, or credited to the Financial Research Fund shall be immediately available to the Office, and shall remain available until expended, to pay the expenses of the Office in carrying out the duties and responsibilities of the Office. (2) Fees, assessments, and other funds not government funds.— Funds obtained by, transferred to, or credited to the Financial Research Fund shall not be construed to be Government funds or appropriated moneys. (3) Amounts not subject to apportionment.— Notwithstanding any other provision of law, amounts in the Financial Research Fund shall not be subject to apportionment for purposes of chapter 15 of title 31, United States Code, or under any other authority, or for any other purpose. (c) Interim Funding.— During Time period. the 2-year period following the date of enactment of this Act, the Board of Governors shall provide to the Office an amount sufficient to cover the expenses of the Office. (d) Permanent Self-funding.— Beginning Effective date. Regulations. Assessments. 2 years after the date of enactment of this Act, the Secretary shall establish, by regulation, and with the approval of the Council, an assessment schedule, including the assessment base and rates, applicable to bank holding companies with total consolidated assets of 50,000,000,000 or greater and nonbank financial companies supervised by the Board of Governors, that takes into account differences among such companies, based on the considerations for establishing the prudential standards under section 115, to collect assessments equal to the total expenses of the Office.

  2. Economic Growth, Regulatory Relief, and Consumer Protection Act

    Pub. L. 115–174 title IV § 401(c)(1)(D) · 132 Stat. 1296

    Substituted · 12 U.S.C. § 5345(d)

    Pub. L. 115–174 substituted “$250,000,000,000” for “50,000,000,000”. See Codification note above

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–174 substituted “$250,000,000,000” for “50,000,000,000”. See Codification note above.

    Enacted provision · exact public law section
    (D) in section 155(d) (12 U.S.C. 5345(d)), by striking “50,000,000,000” and inserting “$250,000,000,000”;

    Effective date note
    Except as otherwise provided, amendment by Pub. L. 115–174 effective 18 months after May 24, 2018, see section 401(d) of Pub. L. 115–174, set out as a note under section 5365 of this title.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Codification

Amendment by Pub. L. 115–174 was executed to subsec. (d) of this section as it appeared in the enrolled bill for H.R. 4173 (111th Congress, 2d session), which contained the text “$50,000,000,000”. As published in the Statutes at Large for Pub. L. 111–203, text appeared as “50,000,000,000”.

Amendments

2018—Subsec. (d). Pub. L. 115–174 substituted “$250,000,000,000” for “50,000,000,000”. See Codification note above.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Except as otherwise provided, amendment by Pub. L. 115–174 effective 18 months after , see section 401(d) of Pub. L. 115–174, set out as a note under section 5365 of this title.

Construction of 2018 Amendment

For construction of amendment by Pub. L. 115–174 as applied to certain foreign banking organizations, see section 401(g) of Pub. L. 115–174, set out as a note under section 5365 of this title.

Credits

2010–2018 · 2 acts
  1. 2010Pub. L. 111–203, title I, § 155, , 124 Stat. 1418
  2. 2018Pub. L. 115–174, title IV, § 401(c)(1)(D), , 132 Stat. 1358.
Show as published

(Pub. L. 111–203, title I, § 155, , 124 Stat. 1418; Pub. L. 115–174, title IV, § 401(c)(1)(D), , 132 Stat. 1358.)

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