PART 1206—ASSESSMENTS Authority: 12 U.S.C. 4516. Source: 73 FR 56713, Sept. 30, 2008, unless otherwise noted. § 1206.1 Purpose. This part sets forth the policy and procedures of the FHFA with respect to the establishment and collection of the assessments of the Regulated Entities under 12 U.S.C. 4516. § 1206.2 Definitions. As used in this part: Act Adequately capitalized Director Enterprise Federal Home Loan Bank, Bank, FHFA Minimum required regulatory capital Regulated Entity Surplus funds Total exposure Working capital fund [73 FR 56713, Sept. 30, 2008, as amended at 85 FR 82198, Dec. 17 2020] § 1206.3 Annual assessments. (a) Establishing assessments. (1) Expenses of any examinations under 12 U.S.C. 4517 and section 20 of the Federal Home Loan Bank Act (12 U.S.C. 1440); (2) Expenses of obtaining any reviews and credit assessments under 12 U.S.C. 4519; (3) Expenses of any enforcement activities under 12 U.S.C. 4635; (4) Expenses of other FHFA litigation under 12 U.S.C. 4513; (5) Expenses relating to the maintenance of the FHFA records relating to examinations and other reviews of the Regulated Entities; (6) Such amounts in excess of actual expenses for any given year deemed necessary to maintain a working capital fund; (7) Expenses relating to monitoring and ensuring compliance with housing goals; (8) Expenses relating to conducting reviews of new products; (9) Expenses related to affordable housing and community programs; (10) Other administrative expenses of the FHFA; (11) Expenses related to preparing reports and studies; (12) Expenses relating to the collection of data and development of systems to calculate the House Price Index (HPI) and the conforming loan limit; (13) Amounts deemed necessary by the Director to wind up the affairs of the Office of Federal Housing Enterprise Oversight and the Federal Housing Finance Board; and (14) Expenses relating to other responsibilities of the FHFA under the Safety and Soundness Act, the Federal Home Loan Bank Act and the Act. (b) Allocating assessments. (1) Enterprises. (2) Federal Home Loan Banks. pro rata (c) Timing and amount of semiannual payment. (d) Surplus funds. [73 FR 56713, Sept. 30, 2008, as amended at 83 FR 39326, Aug. 9, 2018] § 1206.4 Increased costs of regulation. (a) Increase for inadequate capitalization. (b) Increase for enforcement activities. (c) Additional assessment for deficiencies. pro rata § 1206.5 Working capital fund. (a) Assessments. (b) Purposes. (c) Remittance of excess assessed funds. § 1206.6 Notice and review. (a) Written notice of budget. (b) Written notice of assessments. (1) Annual assessments. (2) Immediate assessments. (3) Changes to assessments. (c) Request for review. § 1206.7 Delinquent payment. The Director may assess interest and penalties on any delinquent semiannual payment or other payment assessed under this part in accordance with 31 U.S.C. 3717 (interest and penalty on claims) and part 1704 of this title (debt collection). § 1206.8 Enforcement of payment. The Director may enforce the payment of any assessment under 12 U.S.C. 4631 (cease-and-desist proceedings), 12 U.S.C. 4632 (temporary cease-and-desist orders), and 12 U.S.C. 4626 (civil money penalties).