U.S. Code » Title 12 » Chapter CHAPTER 53— WALL STREET REFORM AND CONSUMER PROTECTION › Subchapter SUBCHAPTER I— FINANCIAL STABILITY › Part Part A— Financial Stability Oversight Council

12 U.S.C. § 5321

Financial Stability Oversight Council established

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(a) Establishment

Effective on July 21, 2010, there is established the Financial Stability Oversight Council.

(b) MembershipThe Council shall consist of the following members:(1) Voting membersThe 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;(B) the Chairman of the Board of Governors;(C) the Comptroller of the Currency;(D) the Director of the Bureau;(E) the Chairman of the Commission;(F) the Chairperson of the Corporation;(G) the Chairperson of the Commodity Futures Trading Commission;(H) the Director of the Federal Housing Finance Agency;(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.(2) Nonvoting membersThe 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;(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;(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.(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.

(c) Terms; vacancy(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.

(2) Vacancy

Any vacancy on the Council shall be filled in the manner in which the original appointment was made.

(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.

(4) Term of independent memberNotwithstanding 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.(d) Technical and professional advisory committees

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.

(e) Meetings(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.

(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.

(f) Voting

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.

(g) Nonapplicability of chapter 10 of title 5

Chapter 10 of title 5 shall not apply to the Council, or to any special advisory, technical, or professional committee appointed by the Council, except that, if an advisory, technical, or professional committee has one or more members who are not employees of or affiliated with the United States Government, the Council shall publish a list of the names of the members of such committee.

(h) Assistance from Federal agencies

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.

(i) Compensation of 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.

(2) Omitted(j) Detail of Government employees

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.

(Pub. L. 111–203, title I, § 111, July 21, 2010, 124 Stat. 1392; Pub. L. 115–61, § 2, Sept. 27, 2017, 131 Stat. 1158; Pub. L. 117–286, § 4(a)(58), Dec. 27, 2022, 136 Stat. 4311.)Editorial NotesCodification

Section is comprised of section 111 of Pub. L. 111–203. Subsec. (i)(2) of section 111 of Pub. L. 111–203 amended section 5314 of Title 5, Government Organization and Employees.

Amendments

2022—Subsec. (g). Pub. L. 117–286 substituted “chapter 10 of title 5” for “FACA” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.

2017—Subsec. (c)(4). Pub. L. 115–61 added par. (4).

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2013–2026 · leading case: PHH Corp. v. Consum. Fin. Prot. Bureau, 881 F.3d 75 (D.C. Cir. 2018).
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PHH Corp. v. Consum. Fin. Prot. Bureau, 881 F.3d 75 (D.C. Cir. 2018). · cites it 9× “See 12 U.S.C. § 5321 . The Council brings together the nation’s leading financial regulators, including the Secretary of the Treasury and the Chairman of the Federal Reserve, to constrain risk in the financial system.”
Patrick Collins v. Steven Mnuchin, Secretar, 896 F.3d 640 (5th Cir. 2018). “As the majority opinion notes, when Congress created the CFPB, it also created the Financial Stability Oversight Council ("FSOC"), 12 U.S.C. § 5321 , which is composed of several members of the Executive Branch and independent agency heads chosen by the President who have…”
State Nat'l Bank of Big Spring v. Geithner, 958 F. Supp. 2d 127 (D.D.C. 2013). · cites it 3× “) In this suit, plaintiffs challenge Title I of Dodd-Frank, which established the Financial Stability Oversight Council (“FSOC” or the “Council”), see 12 U.S.C. § 5321 ; Title II, which established the Orderly Liquidation Authority (“OLA”), see 12 U.”
Consum. Fin. Prot. Bureau v. Morgan Drexen, Inc., 60 F. Supp. 3d 1082 (C.D. Cal. 2014). “at 9 (citing 12 U.S.C. § 5321 ).) The .FSOC and the CFPB are separate entities with distinct missions.”
Consum Fincl Protc Bur v. All Amer Check Cashing, 952 F.3d 591 (5th Cir. 2020). “12 U.S.C. § 5321 (b)(1). Zywicki, supra, at 875; but see Rachel E.”
MetLife, Inc. v. Fin. Stability Oversight Council, 177 F. Supp. 3d 219 (D.D.C. 2016). “at 29:14-18 (“[FSOC]: [T]he statute provides that any federal agency may provide the Council with facility, staff and support and that’s in Section 111 [ (d) ] of Dodd-Frank.”
PHH Corp. v. CFPB (D.C. Cir. 2018). · cites it 4× “See 12 U.S.C. § 5321 . The Council brings together the nation’s leading financial regulators, including the Secretary of the Treasury and the Chairman of the Federal Reserve, to constrain risk in the financial system.”
Consum. Fin. Prot. Bureau v. All Am. Check Cashing, Inc. (S.D. Miss. 2022). “The President, amicus emphasized, appoints a supermajority of the members of that Council, 12 U.S.C. § 5321 (b)(1), and the Council has statutory authority to veto any rule promulgated by the Director that the Council believes will “put the safety and soundness of the United…”
Beatty v. Trump (D.D.C. 2026). “§ 657u(b)(2); 12 U.S.C. § 5321 (b)(2). But this variety of citations, none of which appear to deal with a trust instrumentality, is not especially helpful in elucidating what Congress meant when it conferred the “usual powers and obligations” on Kennedy Center trustees.”
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