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12 U.S.C. § 5401 — Purposes
Federal law — U.S. Code and appendices · legal_authorities
Page 1914
TITLE 12—BANKS AND BANKING
§ 5401
1 See References in Text note below.
1 See References in Text note below.
1 See References in Text note below.
SUBCHAPTER III—TRANSFER OF POWERS
TO THE COMPTROLLER OF THE CUR-
RENCY, THE CORPORATION, AND THE
BOARD OF GOVERNORS
§ 5401. Purposes
The purposes of this title 1 are—
(1) to provide for the safe and sound oper-
ation of the banking system of the United
States;
(2) to preserve and protect the dual system
of Federal and State-chartered depository in-
stitutions;
(3) to ensure the fair and appropriate super-
vision of each depository institution, regard-
less of the size or type of charter of the deposi-
tory institution; and
(4) to streamline and rationalize the super-
vision of depository institutions and the hold-
ing companies of depository institutions.
(Pub. L. 111–203, title III, § 301, July 21, 2010, 124
Stat. 1520.)
Editorial Notes
REFERENCES IN TEXT
This title, referred to in text, is title III of Pub. L.
111–203, July 21, 2010, 124 Stat. 1520, known as the En-
hancing Financial Institution Safety and Soundness
Act of 2010, which enacted this subchapter and sections
4b and 16 of this title, amended sections 1, 11, 248, 461,
481, 482, 1438, 1462, 1462a, 1463, to 1464, 1466a, 1467, 1467a,
1468, 1468a, to 1468b, 1470, 1701c, 1701p–1, 1708, 1757, 1785,
1786, 1787, 1812, 1813, 1817, 1818, 1820, 1821, 1823, 1828, 1829,
1831e, 1831j, 1833b, 1833e, 1834, 1841, 1843, 1844, 1861, 1867,
1881, 1882, 1884, 1972, 2709, 2902, 2905, 3206 to 3208, 3332,
4515, and 4517 of this title, section 906 of Title 2, The
Congress, sections 78c, 78l, 78o–5, and 78w of Title 15,
Commerce and Trade, sections 212, 657, 981, 982, 1006,
1014, and 1032 of Title 18, Crimes and Criminal Proce-
dure, sections 321 and 714
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Page 1914
TITLE 12—BANKS AND BANKING
§ 5401
1 See References in Text note below.
1 See References in Text note below.
1 See References in Text note below.
SUBCHAPTER III—TRANSFER OF POWERS
TO THE COMPTROLLER OF THE CUR-
RENCY, THE CORPORATION, AND THE
BOARD OF GOVERNORS
§ 5401. Purposes
The purposes of this title 1 are—
(1) to provide for the safe and sound oper-
ation of the banking system of the United
States;
(2) to preserve and protect the dual system
of Federal and State-chartered depository in-
stitutions;
(3) to ensure the fair and appropriate super-
vision of each depository institution, regard-
less of the size or type of charter of the deposi-
tory institution; and
(4) to streamline and rationalize the super-
vision of depository institutions and the hold-
ing companies of depository institutions.
(Pub. L. 111–203, title III, § 301, July 21, 2010, 124
Stat. 1520.)
Editorial Notes
REFERENCES IN TEXT
This title, referred to in text, is title III of Pub. L.
111–203, July 21, 2010, 124 Stat. 1520, known as the En-
hancing Financial Institution Safety and Soundness
Act of 2010, which enacted this subchapter and sections
4b and 16 of this title, amended sections 1, 11, 248, 461,
481, 482, 1438, 1462, 1462a, 1463, to 1464, 1466a, 1467, 1467a,
1468, 1468a, to 1468b, 1470, 1701c, 1701p–1, 1708, 1757, 1785,
1786, 1787, 1812, 1813, 1817, 1818, 1820, 1821, 1823, 1828, 1829,
1831e, 1831j, 1833b, 1833e, 1834, 1841, 1843, 1844, 1861, 1867,
1881, 1882, 1884, 1972, 2709, 2902, 2905, 3206 to 3208, 3332,
4515, and 4517 of this title, section 906 of Title 2, The
Congress, sections 78c, 78l, 78o–5, and 78w of Title 15,
Commerce and Trade, sections 212, 657, 981, 982, 1006,
1014, and 1032 of Title 18, Crimes and Criminal Proce-
dure, sections 321 and 714 of Title 31, Money and Fi-
nance, section 41501 of Title 34, Crime Control and Law
Enforcement, sections 4003 and 8105 of Title 42, The
Public Health and Welfare, and section 3502 of Title 44,
Public Printing and Documents, repealed section 1441a
of this title, enacted provisions set out as notes under
sections 1, 16, 1438, 1787, 1812, 1817, and 1821 of this title
and section 906 of Title 2, and amended provisions set
out as notes under sections 1437, 1463, 1464, 1467a, 1707,
1812, and 1818 of this title. For complete classification
of title III to the Code, see Short title note set out
under section 5301 of this title and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 1 day after July 21, 2010, except as
otherwise provided, see section 4 of Pub. L. 111–203, set
out as a note under section 5301 of this title.
§ 5402. Definition
In this title,1 the term ‘‘transferred employee’’
means, as the context requires, an employee
transferred to the Office of the Comptroller of
the Currency or the Corporation under section
5432 of this title.
(Pub. L. 111–203, title III, § 302, July 21, 2010, 124
Stat. 1520.)
Editorial Notes
REFERENCES IN TEXT
This title, where footnoted in text, is title III of Pub.
L. 111–203, July 21, 2010, 124 Stat. 1520, known as the En-
hancing Financial Institution Safety and Soundness
Act of 2010, which enacted this subchapter and sections
4b and 16 of this title, amended sections 1, 11, 248, 461,
481, 482, 1438, 1462, 1462a, 1463, to 1464, 1466a, 1467, 1467a,
1468, 1468a, to 1468b, 1470, 1701c, 1701p–1, 1708, 1757, 1785,
1786, 1787, 1812, 1813, 1817, 1818, 1820, 1821, 1823, 1828, 1829,
1831e, 1831j, 1833b, 1833e, 1834, 1841, 1843, 1844, 1861, 1867,
1881, 1882, 1884, 1972, 2709, 2902, 2905, 3206 to 3208, 3332,
4515, and 4517 of this title, section 906 of Title 2, The
Congress, sections 78c, 78l, 78o–5, and 78w of Title 15,
Commerce and Trade, sections 212, 657, 981, 982, 1006,
1014, and 1032 of Title 18, Crimes and Criminal Proce-
dure, sections 321 and 714 of Title 31, Money and Fi-
nance, section 41501 of Title 34, Crime Control and Law
Enforcement, sections 4003 and 8105 of Title 42, The
Public Health and Welfare, and section 3502 of Title 44,
Public Printing and Documents, repealed section 1441a
of this title, enacted provisions set out as notes under
sections 1, 16, 1438, 1787, 1812, 1817, and 1821 of this title
and section 906 of Title 2, and amended provisions set
out as notes under sections 1437, 1463, 1464, 1467a, 1707,
1812, and 1818 of this title. For complete classification
of title III to the Code, see Short title note set out
under section 5301 of this title and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 1 day after July 21, 2010, except as
otherwise provided, see section 4 of Pub. L. 111–203, set
out as a note under section 5301 of this title.
PART A—TRANSFER OF POWERS AND DUTIES
§ 5411. Transfer date
(a) Transfer date
Except as provided in subsection (b), the term
‘‘transfer date’’ means the date that is 1 year
after July 21, 2010.
(b) Extension permitted
(1) Notice required
The Secretary, in consultation with the
Comptroller of the Currency, the Director of
the Office of Thrift Supervision, the Chairman
of the Board of Governors, and the Chair-
person of the Corporation, may extend the pe-
riod under subsection (a) and designate a
transfer date that is not later than 18 months
after July 21, 2010, if the Secretary transmits
to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Com-
mittee on Financial Services of the House of
Representatives—
(A) a written determination that com-
mencement of the orderly process to imple-
ment this title 1 is not feasible by the date
that is 1 year after July 21, 2010;
(B) an explanation of why an extension is
necessary to commence the process of or-
derly implementation of this title; 1
(C) the transfer date designated under this
subsection; and
(D) a description of the steps that will be
taken to initiate the process of an orderly
and timely implementation of this title 1
within the extended time period.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Director** During the 90-day period beginning on the transfer date, the Director of the Office of Thrift Supervision—
(1) shall, solely for the purpose of winding up the affairs of the Office of Thrift Supervision relating to any function transferred to the Office of the Comptroller of the Currency, the Corporation, or the Board of Governors under this title— 11 See References in Text note below.
(A) manage the employees of the Office of Thrift Supervision who have not yet been transferred and provide for the payment of the compensation and benefits of the employees that accrue before the date on which the employees are transferred under this title; 1 and
(B) manage any property of the Office of Thrift Supervision, until the date on which the property is transferred under [section 5433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5433&num=0&edition=prelim); and
(2) may take any other action necessary to wind up the affairs of the Office of Thrift Supervision.
**(b) Status of Director**
(1) **In general** — Notwithstanding the transfer of functions under this part, during the 90-day period beginning on the transfer date, the Director of the Office of Thrift Supervision shall retain and may exercise any authority vested in the Director of the Office of Thrift Supervision on the day before the transfer date, only to the extent necessary—
(A) to wind up the Office of Thrift Supervision; and
(B) to carry out the transfer under this part during such 90-day period.
(2) **Other provisions** — For purposes of paragraph (1), the Director of the Office of Thrift Supervision shall, during the 90-day period beginning on the transfer date, continue to be—
(A) treated as an officer of the United State
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 5401
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.