United States. Congress

“ Working Capital Fund.—At the end of each year for which an assessment under this section is made, the Director shall remit to each regulated entity any amount of assessment collected from such regulated entity that is attributable to subsection (a) (3) and is in excess of the amount the Director deems necessary to maintain a working capital fund. ”

“ The processes established by each regulated entity for review and evaluation for contract proposals and to hire service providers shall include a component that gives consideration to the diversity of the applicant. `` (c) Applicability.—This section shall apply to all contracts of a regulated entity for services of any kind, including services that require the services of investment banking, asset management entities, broker-dealers, financial services entities, underwriters, accountants, investment consultants, and providers of legal services. ”

“ Other authority.—The Director may, by order, take one or more of the following actions until the deficiency is corrected: `` (i) Prohibit the regulated entity from permitting its average total assets (as such term is defined in section 1316 (b) ) during any calendar quarter to exceed its average total assets during the preceding calendar quarter, or restrict the rate at which the average total assets of the entity may increase from one calendar quarter to another. `` (ii) Require the regulated entity— `` (I) in the case of an enterprise, to increase its ratio of core capital to assets. ”

“ Increased Costs of Regulation.— `` (1) Increase for inadequate capitalization.—The semiannual payments made pursuant to subsection (b) by any regulated entity 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 regulated entity. ”

“ Withholding of Compensation.—In carrying out subsection (a) , the Director may require a regulated entity to withhold any payment, transfer, or disbursement of compensation to an executive officer, or to place such compensation in an escrow account, during the review of the reasonableness and comparability of compensation. ”

“ Other definitions.—For purposes of this subsection, the following definitions shall apply: `` (A) Indemnification payment.—Subject to paragraph (6) , the term 'indemnification payment' means any payment (or any agreement to make any payment) by any regulated entity for the benefit of any person who is or was an affiliated party, to pay or reimburse such person for any liability or legal expense with regard to any administrative proceeding or civil action instituted by the Agency which results in a final order under which such person— `` (i) is assessed a civil money penalty ”

“ Diversity in Agency Workforce.—The Agency shall take affirmative steps to seek diversity in its workforce at all levels of the agency consistent with the demographic diversity of the United States, which shall include— `` (1) heavily recruiting at historically Black colleges and universities, Hispanic-serving institutions, women's colleges, and colleges that typically serve majority minority populations ”

“ Liability or legal expense.—The term 'liability or legal expense' means— `` (i) any legal or other professional expense incurred in connection with any claim, proceeding, or action; `` (ii) the amount of, and any cost incurred in connection with, any settlement of any claim, proceeding, or action ”

“ Funding.—For the purpose of the authorities granted in this subsection, the Secretary of the Treasury may use the proceeds of the sale of any securities issued under chapter 31 of Title 31, and the purposes for which securities may be issued under chapter 31 of Title 31 are extended to include such purchases and the exercise of any rights in connection with such purchases. ”

“ Any funds expended for the purchase of, or modifications to, obligations and securities, or the exercise of any rights received in connection with such purchases under this subsection shall be deemed appropriated at the time of such purchase, modification, or exercise. `` (4) Termination of authority.—The authority under this subsection (g) , with the exception of paragraphs (2) and (3) of this subsection, shall expire December 31, 2009. ”