12 U.S.C. § 5321
Section 5321 · Financial Stability Oversight Council established
Current version, with additions and removals from the July 21, 2010 version.
Effective on July 21, 2010, there is established the Financial Stability Oversight Council.
Effective on July 21, 2010, there is established the Financial Stability Oversight Council.
The Council shall consist of the following members:
The Council shall consist of the following members:
(1) Voting members
(1) Voting members
The voting members, who shall each have 1 vote on the Council shall be—
The voting members, who shall each have 1 vote on the Council shall be—
(A) the Secretary of the Treasury, who shall serve as Chairperson of the Council;
(A) the Secretary of the Treasury, who shall serve as Chairperson of the Council;
(B) the Chairman of the Board of Governors;
(B) the Chairman of the Board of Governors;
(C) the Comptroller of the Currency;
(C) the Comptroller of the Currency;
(D) the Director of the Bureau;
(D) the Director of the Bureau;
(E) the Chairman of the Commission;
(E) the Chairman of the Commission;
(F) the Chairperson of the Corporation;
(F) the Chairperson of the Corporation;
(G) the Chairperson of the Commodity Futures Trading Commission;
(G) the Chairperson of the Commodity Futures Trading Commission;
(H) the Director of the Federal Housing Finance Agency;
(H) the Director of the Federal Housing Finance Agency;
(I) the Chairman of the National Credit Union Administration Board; and
(I) the Chairman of the National Credit Union Administration Board; and
(J) an independent member appointed by the President, by and with the advice and consent of the Senate, having insurance expertise.
(J) an independent member appointed by the President, by and with the advice and consent of the Senate, having insurance expertise.
(2) Nonvoting members
(2) Nonvoting members
The nonvoting members, who shall serve in an advisory capacity as a nonvoting member of the Council, shall be—
The nonvoting members, who shall serve in an advisory capacity as a nonvoting member of the Council, shall be—
(A) the Director of the Office of Financial Research;
(A) the Director of the Office of Financial Research;
(B) the Director of the Federal Insurance Office;
(B) the Director of the Federal Insurance Office;
(C) a State insurance commissioner, to be designated by a selection process determined by the State insurance commissioners;
(C) a State insurance commissioner, to be designated by a selection process determined by the State insurance commissioners;
(D) a State banking supervisor, to be designated by a selection process determined by the State banking supervisors; and
(D) a State banking supervisor, to be designated by a selection process determined by the State banking supervisors; and
(E) a State securities commissioner (or an officer performing like functions), to be designated by a selection process determined by such State securities commissioners.
(E) a State securities commissioner (or an officer performing like functions), to be designated by a selection process determined by such State securities commissioners.
(3) Nonvoting member participation
(3) Nonvoting member participation
The nonvoting members of the Council shall not be excluded from any of the proceedings, meetings, discussions, or deliberations of the Council, except that the Chairperson may, upon an affirmative vote of the member agencies, exclude the nonvoting members from any of the proceedings, meetings, discussions, or deliberations of the Council when necessary to safeguard and promote the free exchange of confidential supervisory information.
The nonvoting members of the Council shall not be excluded from any of the proceedings, meetings, discussions, or deliberations of the Council, except that the Chairperson may, upon an affirmative vote of the member agencies, exclude the nonvoting members from any of the proceedings, meetings, discussions, or deliberations of the Council when necessary to safeguard and promote the free exchange of confidential supervisory information.
(1) Terms
(1) Terms
The independent member of the Council shall serve for a term of 6 years, and each nonvoting member described in subparagraphs (C), (D), and (E) of subsection (b)(2) shall serve for a term of 2 years.
The independent member of the Council shall serve for a term of 6 years, and each nonvoting member described in subparagraphs (C), (D), and (E) of subsection (b)(2) shall serve for a term of 2 years.
(2) Vacancy
(2) Vacancy
Any vacancy on the Council shall be filled in the manner in which the original appointment was made.
Any vacancy on the Council shall be filled in the manner in which the original appointment was made.
(3) Acting officials may serve
(3) Acting officials may serve
In the event of a vacancy in the office of the head of a member agency or department, and pending the appointment of a successor, or during the absence or disability of the head of a member agency or department, the acting head of the member agency or department shall serve as a member of the Council in the place of that agency or department head.
In the event of a vacancy in the office of the head of a member agency or department, and pending the appointment of a successor, or during the absence or disability of the head of a member agency or department, the acting head of the member agency or department shall serve as a member of the Council in the place of that agency or department head.
(4) Term of independent member
Notwithstanding paragraph (1), if a successor to the independent member of the Council serving under subsection (b)(1)(J) is not appointed and confirmed by the end of the term of service of such member, such member may continue to serve until the earlier of—
(A) 18 months after the date on which the term of service ends; or
(B) the date on which a successor to such member is appointed and confirmed.
The Council may appoint such special advisory, technical, or professional committees as may be useful in carrying out the functions of the Council, including an advisory committee consisting of State regulators, and the members of such committees may be members of the Council, or other persons, or both.
The Council may appoint such special advisory, technical, or professional committees as may be useful in carrying out the functions of the Council, including an advisory committee consisting of State regulators, and the members of such committees may be members of the Council, or other persons, or both.
(1) Timing
(1) Timing
The Council shall meet at the call of the Chairperson or a majority of the members then serving, but not less frequently than quarterly.
The Council shall meet at the call of the Chairperson or a majority of the members then serving, but not less frequently than quarterly.
(2) Rules for conducting business
(2) Rules for conducting business
The Council shall adopt such rules as may be necessary for the conduct of the business of the Council. Such rules shall be rules of agency organization, procedure, or practice for purposes of section 553 of title 5.
The Council shall adopt such rules as may be necessary for the conduct of the business of the Council. Such rules shall be rules of agency organization, procedure, or practice for purposes of section 553 of title 5.
Unless otherwise specified, the Council shall make all decisions that it is authorized or required to make by a majority vote of the voting members then serving.
Unless otherwise specified, the Council shall make all decisions that it is authorized or required to make by a majority vote of the voting members then serving.
Any department or agency of the United States may provide to the Council and any special advisory, technical, or professional committee appointed by the Council, such services, funds, facilities, staff, and other support services as the Council may determine advisable.
Any department or agency of the United States may provide to the Council and any special advisory, technical, or professional committee appointed by the Council, such services, funds, facilities, staff, and other support services as the Council may determine advisable.
(1) Federal employee members
(1) Federal employee members
All members of the Council who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.
All members of the Council who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.
(2) Omitted
(2) Omitted
Any employee of the Federal Government may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. An employee of the Federal Government detailed to the Council shall report to and be subject to oversight by the Council during the assignment to the Council, and shall be compensated by the department or agency from which the employee was detailed.
Any employee of the Federal Government may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. An employee of the Federal Government detailed to the Council shall report to and be subject to oversight by the Council during the assignment to the Council, and shall be compensated by the department or agency from which the employee was detailed.