12 U.S.C. § 5416 — Contracting and leasing authority

Page 1917 TITLE 12—BANKS AND BANKING § 5416 (B) publish a list of the regulations identi- fied under subparagraph (A) in the Federal Register. (2) By Office of the Comptroller of the Cur- rency Not later than the transfer date, the Office of the Comptroller of the Currency shall— (A) after consultation with the Corpora- tion, identify the regulations continued under subsection (b) that will be enforced by the Office of the Comptroller of the Cur- rency; and (B) publish a list of the regulations identi- fied under subparagraph (A) in the Federal Register. (3) By the Corporation Not later than the transfer date, the Cor- poration shall— (A) after consultation with the Office of the Comptroller of the Currency, identify the regulations continued under subsection (b) that will be enforced by the Corporation; and (B) publish a list of the regulations identi- fied under subparagraph (A) in the Federal Register. (d) Status of regulations proposed or not yet ef- fective (1) Proposed regulations Any proposed regulation of the Office of Thrift Supervision, which the Office of Thrift Supervision in performing functions trans- ferred by this title,1 has proposed before the transfer date but has not published as a final regulation before such date, shall be deemed to be a proposed regulation of the Office of the Comptroller of the Currency or the Board of Governors, as appropriate, according to the terms of the proposed regulation. (2) Regulations not yet effective Any interim or final regulation of the Office of Thrift Supervision, which the Office of Thrift Supervision, in performing functions transferred by this title,1 has published before the transfer date but which has not become ef- fective before that date, shall become effective as a regulation of the Office of the Comp- troller of the Currency or the Board of Gov- ernors, as appropriate, according to the terms of the interim or final regulation, unless modi- fied, terminated, set aside, or superseded in accordance with applicable law by the Office of the Comptroller of the Currency or the Board of Governors, as appropriate, by any court of competent jurisdiction, or by oper- ation of law. (Pub. L. 111–203, title III, § 316, July 21, 2010, 124 Stat. 1524.) Editorial Notes REFERENCES IN TEXT This title, referred to in subsecs. (a)(2), (b), and (d), is title III of Pub. L. 111–203, July 21, 2010, 124 Stat. 1520, known as the Enhancing Financial Institution Safety and Soundness Act of 2010, which enacted this sub- chapter and sections 4b and 16 of this title, amended sections 1, 11, 248, 461, 481, 482, 1438, 1462, 1462a, 1463, to 1464, 1466a, 1467, 1467a, 1468, 1468a, to 1468b, 1470, 1701c, 1701p–1, 1708, 1757, 1785, 1786, 1787, 1812, 1813, 1817, 1818, 1820, 1821, 1823, 1828, 1829, 1831e, 1831j, 1833b, 1833e, 1834, 1841, 1843, 1844, 1861, 1867, 1881, 1882, 1884, 1972, 2709, 2902, 2905, 3206 to 3208, 3332, 4515, and 4517 of this title, section 906 of Title 2, The Congress, sections 78c, 78l, 78o–5, and 78w of Title 15, Commerce and Trade, sections 212, 657, 981, 982, 1006, 1014, and 1032 of Title 18, Crimes and Criminal Procedure, sections 321 and 714 of Title 31, Money and Finance, section 41501 of Title 34, Crime Control and Law Enforcement, sections 4003 and 8105 of Title 42, The Public Health and Welfare, and section 3502 of Title 44, Public Printing and Documents, re- pealed section 1441a of this title, enacted provisions set out as notes under sections 1, 16, 1438, 1787, 1812, 1817, and 1821 of this title and section 906 of Title 2, and amended provisions set out as notes under sections 1437, 1463, 1464, 1467a, 1707, 1812, and 1818 of this title. For complete classification of title III to the Code, see Short title note set out under section 5301 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as a note under section 5301 of this title. § 5415. References in Federal law to Federal banking agencies On and after the transfer date, any reference in Federal law to the Director of the Office of Thrift Supervision or the Office of Thrift Super- vision, in connection with any function of the Director of the Office of Thrift Supervision or the Office of Thrift Supervision transferred under section 5412(b) of this title or any other provision of this subtitle, shall be deemed to be a reference to the Comptroller of the Currency, the Office of the Comptroller of the Currency, the Chairperson of the Corporation, the Corpora- tion, the Chairman of the Board of Governors, or the Board of Governors, as appropriate and con- sistent with the amendments made in subtitle E. (Pub. L. 111–203, title III, § 317, July 21, 2010, 124 Stat. 1526.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in text, is subtitle A (§§ 311–319) of title III of Pub. L. 111–203, July 21, 2010, 124 Stat. 1520, which enacted this part and sections 4b and 16 of this title, amended sections 1, 11, 248, 481, 482, 1813, and 1820 of this title and section 3502 of Title 44, Public Printing and Documents, and enacted provisions set out as notes under sections 1 and 16 of this title. For complete classification of subtitle A to the Code, see Tables. Subtitle E, referred to in text, is subtitle E (§ 351–378) of title III of Pub. L. 111–203, July 21, 2010, 124 Stat. 1546. For complete classification of subtitle E to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as a note under section 5301 of this title. § 5416. Contracting and leasing authority Notwithstanding chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), Page 1918 TITLE 12—BANKS AND BANKING § 5431 1 See References in Text note below. 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 or any other provision of law (except the full and open competition requirements of the Competition in Contracting Act), the Office of the Comptroller of the Currency may— (1) enter into and perform contracts, execute instruments, and acquire real property (or property interest) as the Comptroller deems necessary to carry out the duties and respon- sibilities of the Office of the Comptroller of the Currency; and (2) hold, maintain, sell, lease, or otherwise dispose of the property (or property interest) acquired under paragraph (1). (Pub. L. 111–203, title III, § 319, July 21, 2010, 124 Stat. 1528.) Editorial Notes REFERENCES IN TEXT The Competition in Contracting Act, referred to in text, probably means the Competition in Contracting Act of 1984, which is title VII of Pub. L. 98–369, div. B, July 18, 1984, 98 Stat. 1175. For complete classification of this Act to the Code, see Short Title of 1984 Act note set out under section 101 of Title 41, Public Contracts, and Tables. CODIFICATION In text, ‘‘chapters 1 to 11 of title 40 and division C (ex- cept sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Fed- eral Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as a note under section 5301 of this title. PART B—TRANSITIONAL PROVISIONS § 5431. Interim use of funds, personnel, and prop- erty of the Office of Thrift Supervision (a) In general Before the transfer date, the Office of the Comptroller of the Currency, the Corporation, and the Board of Governors shall— (1) consult and cooperate with the Office of Thrift Supervision to facilitate the orderly transfer of functions to the Office of the Comptroller of the Currency, the Corporation, and the Board of Governors in accordance with this title; 1 (2) determine jointly, from time to time— (A) the amount of funds necessary to pay any expenses associated with the transfer of functions (including expenses for personnel, property, and administrative services) dur- ing the period beginning on July 21, 2010, and ending on the transfer date; (B) which personnel are appropriate to fa- cilitate the orderly transfer of functions by this title; 1 and (C) what property and administrative serv- ices are necessary to support the Office of the Comptroller of the Currency, the Cor- poration, and the Board of Governors during the period beginning on July 21, 2010, and ending on the transfer date; and (3) take such actions as may be necessary to provide for the orderly implementation of this title.1 (b) Agency consultation When requested jointly by the Office of the Comptroller of the Currency, the Corporation, and the Board of Governors to do so before the transfer date, the Office of Thrift Supervision shall— (1) pay to the Office of the Comptroller of the Currency, the Corporation, or the Board of Governors, as applicable, from funds obtained by the Office of Thrift Supervision through as- sessments, fees, or other charges that the Of- fice of Thrift Supervision is authorized by law to impose, such amounts as the Office of the Comptroller of the Currency, the Corporation, and the Board of Governors jointly determine to be necessary under subsection (a); (2) detail to the Office of the Comptroller of the Currency, the Corporation, or the Board of Governors, as applicable, such personnel as the Office of the Comptroller of the Currency, the Corporation, and the Board of Governors jointly determine to be appropriate under sub- section (a); and (3) make available to the Office of the Comp- troller of the Currency, the Corporation, or the Board of Governors, as applicable, such property and provide to the Office of the Comptroller of the Currency, the Corporation, or the Board of Governors, as applicable, such administrative services as the Office of the Comptroller of the Currency, the Corporation, and the Board of Governors jointly determine to be necessary under subsection (a). (c) Notice required The Office of the Comptroller of the Currency, the Corporation, and the Board of Governors shall jointly give the Office of Thrift Super- vision reasonable prior notice of any request that the Office of the Comptroller of the Cur- rency, the Corporation, and the Board of Gov- ernors jointly intend to make under subsection (b). (Pub. L. 111–203, title III, § 321, July 21, 2010, 124 Stat. 1528.) Editorial Notes REFERENCES IN TEXT This title, referred to in subsec. (a), is title III of Pub. L. 111–203, July 21, 2010, 124 Stat. 1520, known as the En- hancing Financial Institution Safety and Soundness Act of 2010, which enacted this subchapter and sections 4b and 16 of this title, amended sections 1, 11, 248, 461, 481, 482, 1438, 1462, 1462a, 1463, to 1464, 1466a, 1467, 1467a, 1468, 1468a, to 1468b, 1470, 1701c, 1701p–1, 1708, 1757, 1785, 1786, 1787, 1812, 1813, 1817, 1818, 1820, 1821, 1823, 1828, 1829, 1831e, 1831j, 1833b, 1833e, 1834, 1841, 1843, 1844, 1861, 1867, 1881, 1882, 1884, 1972, 2709, 2902, 2905, 3206 to 3208, 3332, 4515, and 4517 of this title, section 906 of Title 2, The Congress, sections 78c, 78l, 78o–5, and 78w of Title 15, Commerce and Trade, sections 212, 657, 981, 982, 1006,