12 U.S.C. § 16 — Funding of Office

Page 6 TITLE 12—BANKS AND BANKING § 15 (1) made available as an open Government data asset (as defined in section 3502 of title 44); (2) freely available for download; (3) rendered in a human-readable format; and (4) accessible via application programming interface where appropriate. (R.S. § 333, as added Pub. L. 117–263, div. E, title LVIII, § 5841, Dec. 23, 2022, 136 Stat. 3431.) Editorial Notes REFERENCES IN TEXT Title LXII, referred to in subsec. (b), probably means title LXII of the Revised Statutes, consisting of R.S. §§ 5133 to 5244, which are classified to sections 16, 21, 22 to 24a, 25a, 25b, 26, 27, 29, 35 to 37, 39, 43, 52, 53, 55 to 57, 59 to 62, 66, 71, 72 to 76, 81, 83 to 86, 90, 91, 93, 93a, 94, 141 to 144, 161, 164, 181, 182, 192 to 194, 196, 215c, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. §§ 5133 to 5244 to the Code, see Tables. The Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in subsec. (b), is Pub. L. 111–203, July 21, 2010, 124 Stat. 1376, which enacted chap- ter 53 (§ 5301 et seq.) of this title and chapters 108 (§ 8201 et seq.) and 109 (§ 8301 et seq.) of Title 15, Commerce and Trade, and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Another R.S. § 333 is classified to section 14 of this title. Statutory Notes and Related Subsidiaries RULEMAKING Pub. L. 117–263, div. E, title LVIII, § 5842, Dec. 23, 2022, 136 Stat. 3432, provided that: ‘‘(a) IN GENERAL.—The Comptroller of the Currency shall issue rules to carry out the amendments made by section 5841 [enacting this section], which shall take ef- fect not later than 2 years after the date on which final rules are promulgated under section 124(b)(2) of the Fi- nancial Stability Act of 2010 [12 U.S.C. 5334(b)(2)], as added by section 5811(a) of this title. ‘‘(b) SCALING OF REGULATORY REQUIREMENTS; MINI- MIZING DISRUPTION.—In issuing the rules required under subsection (a), the Comptroller of the Currency— ‘‘(1) may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities; and ‘‘(2) shall seek to minimize disruptive changes to the persons affected by those regulations.’’ RULE OF CONSTRUCTION REGARDING NO NEW DISCLOSURE REQUIREMENTS Pub. L. 117–263, div. E, title LVIII, § 5843, Dec. 23, 2022, 136 Stat. 3432, provided that: ‘‘Nothing in this subtitle [subtitle D (§§ 5841–5843) of title LVIII of div. E of Pub. L. 117–263, enacting this section and provisions set out as a note under this section], or the amendments made by this subtitle, shall be construed to require the Comptroller of the Currency to collect or make pub- licly available additional information under the Re- vised Statutes of the United States (or under any other provision of law referenced in an amendment made by this subtitle), beyond information that was collected or made publicly available under any such provision of law, as of the day before the date of enactment of this Act [Dec. 23, 2022].’’ § 15. Repealed. Aug. 7, 1946, ch. 770, § 1(40, 50), 60 Stat. 869, 870 Section, act Apr. 28, 1902, ch. 594, § 1, 32 Stat. 138, re- quired inclusion of expenses of liquidation of national banks in annual report of Comptroller of the Currency. § 16. Funding of Office The Comptroller of the Currency may collect an assessment, fee, or other charge from any en- tity 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 pay- ment made pursuant to this section may be de- posited 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 Comp- troller 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 Comp- troller 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 com- pensation). (R.S. § 5240A, as added Pub. L. 111–203, title III, § 318(b), July 21, 2010, 124 Stat. 1526.) 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 Re- vised 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 sections 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.] CHAPTER 2—NATIONAL BANKS SUBCHAPTER I—ORGANIZATION AND GENERAL PROVISIONS Sec. 21. Formation of national banking associations; incorporators; articles of association. 21a. Amendment of articles of association.