12 U.S.C. § 482

Employees of Office of Comptroller of the Currency; appointment; compensation and benefits

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Notwithstanding any of the provisions of section 481 of this title or section 301(f)(1) of title 31 to the contrary, the Comptroller of the Currency shall, subject to chapter 71 of title 5, fix the compensation and number of, and appoint and direct, all employees of the Office of the Comptroller of the Currency. Rates of basic pay for all employees of the Office may be set and adjusted by the Comptroller without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5. The Comptroller may provide additional compensation and benefits to employees of the Office if the same type of compensation or benefits are then being provided by any other Federal bank regulatory agency or, if not then being provided, could be provided by such an agency under applicable provisions of law, rule, or regulation. In setting and adjusting the total amount of compensation and benefits for employees of the Office, the Comptroller shall consult with, and seek to maintain comparability with, other Federal banking agencies.

The Comptroller of the Currency may impose and collect assessments, fees, or other charges as necessary or appropriate to carry out the responsibilities of the office 11 So in original. Probably should be capitalized. of the Comptroller. Such assessments, fees, and other charges shall be set to meet the Comptroller’s expenses in carrying out authorized activities.

Notes of Decisions

Cited in 7 cases, 1971–2006 · leading case: First Nat. Bank of Milaca v. Smith

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First Nat. Bank of Milaca v. Smith (1977) mnd · cites it 6× “Plaintiff asserts that the assessment schedule violates the controlling statute, 12 U.S.C. § 482 (1970), and that it has been damaged in the amount of $1,900.”

American Federation of Government Employees, Local 3295 v. Federal Labor Relations Authority, Office of Thrift Supervisi (1995) cadc · cites it 2× “See 12 U.S.C. § 482 (Supp. V 1993). According to the congressional conference report, the specific ex *76 emption served in that context to “eonfirm[ ] OCC’s current exclusion from these provisions [of Title 5 United States Code] based on [OCC’s] nonappropriated status.”

Pent-R-Books, Inc. v. United States Postal Service (1971) nyed “§ 78o(b) (8) (concerning the Securities and Exchange Commission); 12 U.S.C. § 482 (concerning the expense of examining national banks); 7 U.”

National Treasury Employees Union (Nteu), Office of the Comptroller of the Currency, Intervenor v. Federal Labor Relatio (2006) ca9 “12 U.S.C. § 482 . As explained below, § 482 is not ambiguous either, and none of the provisions of § 482 conflict with or limit the unfettered discretion given the agency in § 481.”

First National Bank of Milaca v. John G. Heimann, Comptroller of the Currency of the United States (1978) ca1 · cites it 2× “The position of plaintiff is that the new regulation violates the provision of 12 U.S.C. § 482 requiring that charges made by the Comptroller for examinations of national banks under the provisions of 12 U.”

National Treasury v. Federal Labor Relations Authority (2006) ca9 “12 U.S.C. § 482 . As explained below, § 482 is not ambiguous either, and none of the provisions of § 482 conflict with or limit the unfettered discretion given the agency in § 481.”

Friedlander v. Cimino (1974) nysd “§ 78o (b)(8) (concerning Securities and Exchange Commission); 12 U.S.C. § 482 (concerning the expense of examining national banks).”

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