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12 U.S.C. § 5471 — Requests for information, reports, or records

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5471 — Requests for information, reports, or records

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Stable record: federal_law:legal_authorities:record_usc_d8e5ec6fb158eaec3df27e2a
Source file: Laws/federal/codes/united-states-code/title-12/section-5471-requests-for-information-reports-or-records--2724c2a764.md
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Source location: Title 12, Chapter 53, § 5471; chapter-053-wall-street-reform-and-consumer-protection.md

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**(a) Information to assess systemic importance** (1) **Financial market utilities** — The Council is authorized to require any financial market utility to submit such information as the Council may require for the sole purpose of assessing whether that financial market utility is systemically important, but only if the Council has reasonable cause to believe that the financial market utility meets the standards for systemic importance set forth in [section 5463 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5463&num=0&edition=prelim). (2) **Financial institutions engaged in payment, clearing, or settlement activities** — The Council is authorized to require any financial institution to submit such information as the Council may require for the sole purpose of assessing whether any payment, clearing, or settlement activity engaged in or supported by a financial institution is systemically important, but only if the Council has reasonable cause to believe that the activity meets the standards for systemic importance set forth in [section 5463 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5463&num=0&edition=prelim). **(b) Reporting after designation** (1) **Designated financial market utilities** — The Board of Governors and the Council may each require a designated financial market utility to submit reports or data to the Board of Governors and the Council in such frequency and form as deemed necessary by the Board of Governors or the Council in order to assess the safety and soundness of the utility and the systemic risk that the utility’s operations pose to the financial system. (2) **Financial institutions subject to standards for designated activities** — The Board of Governors and the Council may each require 1 or more financial institutions subject to the standards prescribed under [section 5464(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5464/a&num=0&edition=prelim) for a designated activity to submit, in such frequency and form as deemed necessary by the Board of Governors or the Council, reports and data to the Board of Governors and the Council solely with respect to the conduct of the designated activity and solely to assess whether— (A) the rules, orders, or standards prescribed under [section 5464(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5464/a&num=0&edition=prelim) with respect to the designated activity appropriately address the risks to the financial system presented by such activity; and (B) the financial institutions are in compliance with this subchapter and the rules and orders prescribed under [section 5464(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5464/a&num=0&edition=prelim) with respect to the designated activity. (3) **Limitation** — The Board of Governors may, upon an affirmative vote by a majority of the Council, prescribe regulations under this section that impose a recordkeeping or reporting requirement on designated clearing entities or financial institutions engaged in designated activities that are subject to standards that have been prescribed under [section 5464(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5464/a/2&num=0&edition=prelim). **(c) Coordination with appropriate Federal Supervisory Agency** (1) **Advance coordination** — Before requesting any material information from, or imposing reporting or recordkeeping requirements on, any financial market utility or any financial institution engaged in a payment, clearing, or settlement activity, the Board of Governors or the Council shall coordinate with the Supervisory Agency for a financial market utility or the appropriate financial regulator for a financial institution to determine if the information is available from or may be obtained by the agency in the form, format, or detail required by the Board of Governors or the Council. (2) **Supervisory reports** — Notwithstanding any other provision of law, the Supervisory Agency, the appropriate financial regulator, and the Board of Governors are authorized to disclose to each other and the Council copies of its examination reports or similar reports regarding any financial market utility or any financial institution engaged in payment, clearing, or settlement activities. **(d) Timing of response from appropriate Federal Supervisory Agency** If the information, report, records, or data requested by the Board of Governors or the Council under subsection (c)(1) are not provided in full by the Supervisory Agency or the appropriate financial regulator in less than 15 days after the date on which the material is requested, the Board of Governors or the Council may request the information or impose recordkeeping or reporting requirements directly on such persons as provided in subsections (a) and (b) with notice to the agency. **(e) Sharing of information** (1) **Material concerns** — Notwithstanding any other provision of law, the Board of Governors, the Council, the appropriate financial regulator, and any Supervisory Agency are authorized to— (A) promptly notify each other of material concerns about a designated financial market utility or any financial institution engaged in designated activities; and (B) share appropriate reports, information, or data relating to such concerns. (2) **Other information** — Notwithstanding any other provision of law, the Board of Governors, the Council, the appropriate financial regulator, or any Supervisory Agency may, under such terms and conditions as it deems appropriate, provide confidential supervisory information and other information obtained under this subchapter to each other, and to the Secretary, Federal Reserve Banks, State financial institution supervisory agencies, foreign financial supervisors, foreign central banks, and foreign finance ministries, subject to reasonable assurances of confidentiality, provided, however, that no person or entity receiving information pursuant to this section may disseminate such information to entities or persons other than those listed in this paragraph without complying with applicable law, including [section 12 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section12&num=0&edition=prelim). **(f) Privilege maintained** The Board of Governors, the Council, the appropriate financial regulator, and any Supervisory Agency providing reports or data under this section shall not be deemed to have waived any privilege applicable to those reports or data, or any portion thereof, by providing the reports or data to the other party or by permitting the reports or data, or any copies thereof, to be used by the other party. **(g) Disclosure exemption** Information obtained by the Board of Governors, the Supervisory Agencies, or the Council under this section and any materials prepared by the Board of Governors, the Supervisory Agencies, or the Council regarding their assessment of the systemic importance of financial market utilities or any payment, clearing, or settlement activities engaged in by financial institutions, and in connection with their supervision of designated financial market utilities and designated activities, shall be confidential supervisory information exempt from disclosure under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim). For purposes of such section 552, this subsection shall be considered a statute described in subsection (b)(3) of such section 552. **(h) Data standards** (1) **Requirement** — The Board of Governors shall adopt data standards for all information that, through a collection of information, is regularly filed with or submitted to the Board or the Council by any financial market utility or financial institution under subsection (a) or (b). (2) **Consistency** — The data standards required under paragraph (1) shall incorporate, and ensure compatibility with (to the extent feasible), all applicable data standards established in the rules promulgated under [section 5334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5334&num=0&edition=prelim), including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 5334.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 253 — Open data publication by the Board of Governors

All public data assets published by the Board of Governors under this chapter, the Bank Holding Company Act of 1956 ([12 U.S.C. 1841](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1841&num=0&edition=prelim) et seq.), the Financial Stability Act of 2010 ([12 U.S.C. 5311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5311&num=0&edition=prelim) et seq.), the Home Owners’ Loan Act ([12 U.S.C. 1461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1461&num=0&edition=prelim) et seq.), the Payment, Clearing, and Settlement Supervision Act of 2010 ([12 U.S.C. 5461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5461&num=0&edition=prelim) et seq.), or the Enhancing Financial Institution Safety and Soundness Act of 2010 (title III of Public Law 111–203) (or any provision of law amended by that Act) shall be— (1) made available as an open Government data asset (as defined in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim)); (2) freely available for download; (3) rendered in a human-readable format; and (4) accessible via application programming interface where appropriate.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552 — Public information; agency rules, opinions, orders, records, and proceedings

**(a)** Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— (A) final opinions, including concurring and dissen

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5334 — Additional standards applicable to activities or practices for financial stability purposes

**(a) In general** The Council may provide for more stringent regulation of a financial activity by issuing recommendations to the primary financial regulatory agencies to apply new or heightened standards and safeguards, including standards enumerated in [section 5325 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5325&num=0&edition=prelim), for a financial activity or practice conducted by bank holding companies or nonbank financial companies under their respective jurisdictions, if the Council determines that the conduct, scope, nature, size, scale, concentration, or interconnectedness of such activity or practice could create or increase the risk of significant liquidity, credit, or other problems spreading among bank holding companies and nonbank financial companies, financial markets of the United States, or low-income, minority, or underserved communities. **(b) Procedure for recommendations to regulators** (1) **Notice and opportunity for comment** — The Council shall consult with the primary financial regulatory agencies and provide notice to the public and opportunity for comment for any proposed recommendation that the primary financial regulatory agencies apply new or heightened standards and safeguards for a financial activity or practice. (2) **Criteria** — The new or heightened standards and safeguards for a financial activity or practice recommended under paragraph (1)— (A) shall take costs to long-term economic growth into account; and (B) may include prescribing the conduct of the activity or practice in specific ways (such as by limiting its scope, or applying particular capital or risk management requirements to the conduct of the activity) or prohibiting the activity or practice. **(c) Implementa

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 5334

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5463 — Office of Minority and Women Inclusion

**(a) Office of Minority and Women Inclusion** (1) **Establishment** (A) *In general* — Except as provided in subparagraph (B), not later than 6 months after July 21, 2010, each agency shall establish an Office of Minority and Women Inclusion that shall be responsible for all matters of the agency relating to diversity in management, employment, and business activities. (B) *Bureau* — The Bureau shall establish an Office of Minority and Women Inclusion not later than 6 months after the designated transfer date established under [section 5582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5582&num=0&edition=prelim). (2) **Transfer of responsibilities** — Each agency that, on the day before July 21, 2010, assigned the responsibilities described in paragraph (1) (or comparable responsibilities) to another office of the agency shall ensure that such responsibilities are transferred to the Office. (3) **Duties with respect to civil rights laws** — The responsibilities described in paragraph (1) do not include enforcement of statutes, regulations, or executive orders pertaining to civil rights, except each Director shall coordinate with the agency administrator, or the designee of the agency administrator, regarding the design and implementation of any remedies resulting from violations of such statutes, regulations, or executive orders. **(b) Director** (1) **In general** — The Director of each Office shall be appointed by, and shall report to, the agency administrator. The position of Director shall be a career reserved position in the Senior Executive Service, as that position is defined in [section 3132 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132&num=0&edition=prelim), o

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 12 — Public disclosure

**(a) Investigations respecting operations of boards of trade and others subject to this chapter; publication of results; restrictions; information received from foreign futures authorities; undercover operations; notice of investigations and enforcement actions** (1) For the efficient execution of the provisions of this chapter, and in order to provide information for the use of Congress, the Commission may make such investigations as it deems necessary to ascertain the facts regarding the operations of boards of trade and other persons subject to the provisions of this chapter. The Commission may publish from time to time the results of any such investigation and such general statistical information gathered therefrom as it deems of interest to the public: Provided, That except as otherwise specifically authorized in this chapter, the Commission may not publish data and information that would separately disclose the business transactions or market positions of any person and trade secrets or names of customers: Provided further, That the Commission may withhold from public disclosure any data or information concerning or obtained in connection with any pending investigation of any person. The Commission shall not be compelled to disclose any information or data obtained from a foreign futures authority if— (A) the foreign futures authority has in good faith determined and represented to the Commission that disclosure of such information or data by that foreign futures authority would violate the laws applicable to that foreign futures authority; and (B) the Commission obtains such information pursuant to— (i) such procedure as the Commission may authorize for use in connection with the administration or enforcement of this chapter; or (ii) a memorandu

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 12

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5471 — Consultation

Page 1938 TITLE 12—BANKS AND BANKING § 5469 1 See References in Text note below. Agencies, or the Council regarding their assess- ment of the systemic importance of financial market utilities or any payment, clearing, or settlement activities engaged in by financial in- stitutions, and in connection with their super- vision of designated financial market utilities and designated activities, shall be confidential supervisory information exempt from disclosure under section 552 of title 5. For purposes of such section 552, this subsection shall be considered a statute described in subsection (b)(3) of such sec- tion 552. (h) Data standards (1) Requirement The Board of Governors shall adopt data standards for all information that, through a collection of information, is regularly filed with or submitted to the Board or the Council by any financial market utility or financial institution under subsection (a) or (b). (2) Consistency The data standards required under para- graph (1) shall incorporate, and ensure com- patibility with (to the extent feasible), all ap- plicable data standards established in the rules promulgated under section 5334 of this title, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of subsection (c)(1)(B) of such section 5334. (Pub. L. 111–203, title VIII, § 809, July 21, 2010, 124 Stat. 1818; Pub. L. 117–263, div. E, title LVIII, § 5861(d), Dec. 23, 2022, 136 Stat. 3435.) Editorial Notes AMENDMENTS 2022—Subsec. (h). Pub. L. 117–263 added subsec. (h). Statutory Notes and Related Subsidiaries RULE OF CONSTRUCTION REGARDING NO NEW DISCLOSURE REQUIREMENTS Amendment by Pub. L. 117–263 not to be construed to require certain additional information to be collected or d

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