Page:United States Statutes at Large Volume 106 Part 5.djvu/310

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106 STAT. 3948 PUBLIC LAW 102-550—OCT. 28, 1992 the Office and any anticipated costs and expenses of the Office for the following fiscal year. (b) ALLOCATION OF ANNUAL ASSESSMENT TO ENTERPRISES. — (1) AMOUNT OF PAYMENT.— Each enterprise shall pay to the Director a proportion of the annual assessment made pursuant to subsection (a) that bears the same ratio to the total annual assessment that the total assets of each enterprise bears to the total assets of both enterprises. (2) TIMING OF PAYMENT.— The annual assessment shall be payable semiannually on September 1 and March 1 of the year for which the assessment is made. (3) DEFINITION.—For the purpose of this section, the term "total assets" means, with respect to an enterprise, the sum of— (A) on-balance-sheet assets of the enterprise, as determined in accordance with generally accepted accounting principles; (B) the unpaid principal balance of outstanding mortgage-backed securities issued or guaranteed by the enterprise that are not included in subparagraph (A); and (C) other off-balance-sheet obligations as determined by the Director. (c) DEFICIENCIES DUE TO INCREASED COSTS OF REGULATION. — The semiannual payments made pursuant to subsection (b) by any enterprise that is not classified (for purposes of subtitle B) as adequately capitalized may be increased, as necessary, in the discretion of the Director to pay additional estimated costs of regulation of the enterprise. (d) SURPLUS.—If any amount from any annual assessment collected from an enterprise remains unobligated at the end of the year for which the assessment was collected, such amount shall be credited to the assessment to be collected from the enterprise for the following year. (e) INITIAL SPECIAL ASSESSMENT.—Not later than the expiration of the 30-day period beginning on the date of the enactment of this Act, the enterprises shall each pay into the Federal Housing Enterprises Oversight Fund established under subsection (f) an initial assessment of $1,500,000 to cover the startup costs of the Office, including space and modifications thereof, capital equipment, supplies, recruitment, and activities of the Office during the period preceding the first annual assessment under subsection (a). Any amounts collected from an enterprise under this subsection shall be credited against the first annual assessment collected pursuant to subsection (a), and are hereby appropriated, and shall oe available and used, without fiscal year limitation, as provided in this section. (f) FUND.— There is established in the Treasury of the United States a fund to be known as the Federal Housing Enterprises Oversight Fund. Any assessments collected pursuant to this section shall he deposited in the Fund. Amounts in the Fund shall be available, to the extent provided in appropriation Acts and subsection (e), for— (1) carrying out the responsibilities of the Director relating to the enterprises; and (2) necessary administrative and nonadministrative expenses of the Office to carry out the purposes of this title. (g) BUDGET AND FINANCIAL REPORTS. —