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12 U.S.C. § 1831dd — Open data publication

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

12 U.S.C. § 1831dd — Open data publication

Page 1201 TITLE 12—BANKS AND BANKING § 1832 tion from any depository institution or financial company under this chapter or under title II of the Dodd-Frank Wall Street Reform and Con- sumer Protection Act (12 U.S.C. 5381 et seq.). (c) Consistency The data standards required under subsection (b) 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, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of sub- section (c)(1)(B) of such section 5334. (Sept. 21, 1950, ch. 967, § 2[52], as added Pub. L. 117–263, div. E, title LVIII, § 5831, Dec. 23, 2022, 136 Stat. 3430.) Editorial Notes REFERENCES IN TEXT The Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in subsec. (b), is Pub. L. 111–203, July 21, 2010, 124 Stat. 1376. Title II of the Act is classified principally to subchapter II (§ 5381 et seq.) of chapter 53 of this title. For complete classification of the Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Statutory Notes and Related Subsidiaries RULEMAKING Pub. L. 117–263, div. E, title LVIII, § 5833, Dec. 23, 2022, 136 Stat. 3431, provided that: ‘‘(a) IN GENERAL.—The Federal Deposit Insurance Corporation shall issue rules to carry out the amend- ments made by this subtitle [subtitle C (§§ 5831–5834) of title LVIII of div. E of Pub. L. 117–263, enacting this section and section 1831dd of this title], which shall take effect not later than 2 years after the date on which final rules are promulgated under section 124(b)(2) of the Financial Stability Act of 2010 [12 U.S.C. 5334(b)(2)], as added by sectio

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Page 1201 TITLE 12—BANKS AND BANKING § 1832 tion from any depository institution or financial company under this chapter or under title II of the Dodd-Frank Wall Street Reform and Con- sumer Protection Act (12 U.S.C. 5381 et seq.). (c) Consistency The data standards required under subsection (b) 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, including, to the extent practicable, by having the characteristics described in clauses (i) through (vi) of sub- section (c)(1)(B) of such section 5334. (Sept. 21, 1950, ch. 967, § 2[52], as added Pub. L. 117–263, div. E, title LVIII, § 5831, Dec. 23, 2022, 136 Stat. 3430.) Editorial Notes REFERENCES IN TEXT The Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in subsec. (b), is Pub. L. 111–203, July 21, 2010, 124 Stat. 1376. Title II of the Act is classified principally to subchapter II (§ 5381 et seq.) of chapter 53 of this title. For complete classification of the Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Statutory Notes and Related Subsidiaries RULEMAKING Pub. L. 117–263, div. E, title LVIII, § 5833, Dec. 23, 2022, 136 Stat. 3431, provided that: ‘‘(a) IN GENERAL.—The Federal Deposit Insurance Corporation shall issue rules to carry out the amend- ments made by this subtitle [subtitle C (§§ 5831–5834) of title LVIII of div. E of Pub. L. 117–263, enacting this section and section 1831dd of this title], which shall take effect not later than 2 years after the date on which final rules are promulgated under section 124(b)(2) of the Financial Stability Act of 2010 [12 U.S.C. 5334(b)(2)], as added by section 5811(a) of this title. ‘‘(b) SCALING OF REGULATORY REQUIREMENTS; MINI- MIZING DISRUPTION.—In issuing the rules required under subsection (a), the Federal Deposit Insurance Corpora- tion— ‘‘(1) may scale data reporting requirements in order to reduce any unjustified burden on smaller regulated entities; and ‘‘(2) shall seek to minimize disruptive changes to the persons affected by those regulations.’’ RULE OF CONSTRUCTION REGARDING NO NEW DISCLOSURE REQUIREMENTS Pub. L. 117–263, div. E, title LVIII, § 5834, Dec. 23, 2022, 136 Stat. 3431, provided that: ‘‘Nothing in this title [probably means ‘‘this subtitle’’, subtitle C (§§ 5831–5834) of title LVIII of div. E of Pub. L. 117–263, enacting this section, section 1831dd of this title, and provisions set out as a note under this section], or the amendments made by this title, shall be construed to require the Federal Deposit Insurance Corporation to collect or make publicly available additional information under the Acts amended by this title (or under any provision of law referenced in an amendment made by this title), beyond information that was collected or made pub- licly available under any such provision, as of the day before the date of enactment of this Act [Dec. 23, 2022].’’ § 1831dd. Open data publication All public data assets published by the Cor- poration under this chapter or under the Dodd- Frank Wall Street Reform and Consumer Pro- tection Act (Public Law 111–203; 124 Stat. 1376) shall be— (1) made available as an open Government data asset (as defined in section 3502 of title 44); (2) freely available for download; (3) rendered in a human-readable format; and (4) accessible via application programming interface where appropriate. (Sept. 21, 1950, ch. 967, § 2[53], as added Pub. L. 117–263, div. E, title LVIII, § 5832, Dec. 23, 2022, 136 Stat. 3431.) Editorial Notes REFERENCES IN TEXT The Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in text, is Pub. L. 111–203, July 21, 2010, 124 Stat. 1376, which enacted chapter 53 (§ 5301 et seq.) of this title and chapters 108 (§ 8201 et seq.) and 109 (§ 8301 et seq.) of Title 15, Commerce and Trade, and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Statutory Notes and Related Subsidiaries RULE OF CONSTRUCTION REGARDING NO NEW DISCLOSURE REQUIREMENTS Enactment of section not to be construed to require certain additional information to be collected or dis- closed, see section 5834 of Pub. L. 117–263, set out as a note under section 1831cc of this title. § 1832. Withdrawals by negotiable or transferable instruments for transfers to third parties (a) Authority of depository institution; applica- bility (1) Notwithstanding any other provision of law but subject to paragraph (2), a depository insti- tution is authorized to permit the owner of a de- posit or account on which interest or dividends are paid to make withdrawals by negotiable or transferable instruments for the purpose of making transfers to third parties. (2) Paragraph (1) shall apply only with respect to deposits or accounts which consist solely of funds in which the entire beneficial interest is held by one or more individuals or by an organi- zation which is operated primarily for religious, philanthropic, charitable, educational, political, or other similar purposes and which is not oper- ated for profit, and with respect to deposits of public funds by an officer, employee, or agent of the United States, any State, county, munici- pality, or political subdivision thereof, the Dis- trict of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, any territory or possession of the United States, or any political subdivision thereof. (b) ‘‘Depository institution’’ defined For purposes of this section, the term ‘‘deposi- tory institution’’ means— (1) any insured bank as defined in section 1813 of this title; (2) any State bank as defined in section 1813 of this title; (3) any mutual savings bank as defined in section 1813 of this title;

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

12 U.S.C. § 1831dd — Open data publication

All public data assets published by the Corporation under this chapter or under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111–203; 124 Stat. 1376) 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

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

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

12 U.S.C. § 5334 — Data standards

Page 1848 TITLE 12—BANKS AND BANKING § 5334 (B) limits on the organizational com- plexity and diversification of large financial institutions; (C) requirements for operational separa- tion between business units of large finan- cial institutions in order to expedite resolu- tion in case of failure; (D) limits on risk transfer between busi- ness units of large financial institutions; (E) requirements to carry contingent cap- ital or similar mechanisms; (F) limits on commingling of commercial and financial activities by large financial in- stitutions; (G) segregation requirements between tra- ditional financial activities and trading or other high-risk operations in large financial institutions; and (H) other limitations on the activities or structure of large financial institutions that may be useful to limit systemic risk. (2) Recommendations The study required by this section shall in- clude recommendations for the optimal struc- ture of any limits considered in subparagraphs (A) through (E), in order to maximize their ef- fectiveness and minimize their economic im- pact. (b) Report Not later than the end of the 180-day period beginning on July 21, 2010, and not later than every 5 years thereafter, the Chairperson shall issue a report to the Congress containing any findings and determinations made in carrying out the study required under subsection (a). (Pub. L. 111–203, title I, § 123, July 21, 2010, 124 Stat. 1412.) § 5334. Data standards (a) Definitions In this section— (1) the term ‘‘covered agencies’’ means— (A) the Department of the Treasury; (B) the Board of Governors; (C) the Office of the Comptroller of the Currency; (D) the Bureau; (E) the Commission; (F) the Corporation; (G) the Federal Housing Finance Agency; (H) the Natio

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

12 U.S.C. § 5381 — Rule of construction

Nothing in this Act shall be construed to limit or curtail the Corporation’s current authority to examine or bring enforcement actions with respect to any insured depository institution or institution-affiliated party.

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

12 U.S.C. § 5381 — Definitions

Page 1870 TITLE 12—BANKS AND BANKING § 5373 Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 111–203, July 21, 2010, 124 Stat. 1376, known as the Dodd-Frank Wall Street Reform and Consumer Protection Act, which en- acted this chapter and chapters 108 (§ 8201 et seq.) and 109 (§ 8301 et seq.) of Title 15, Commerce and Trade, and enacted, amended, and repealed numerous other sec- tions and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. § 5373. International policy coordination (a) By the President The President, or a designee of the President, may coordinate through all available inter- national policy channels, similar policies as those found in United States law relating to limiting the scope, nature, size, scale, con- centration, and interconnectedness of financial companies, in order to protect financial sta- bility and the global economy. (b) By the Council The Chairperson of the Council, in consulta- tion with the other members of the Council, shall regularly consult with the financial regu- latory entities and other appropriate organiza- tions of foreign governments or international organizations on matters relating to systemic risk to the international financial system. (c) By the Board of Governors and the Secretary The Board of Governors and the Secretary shall consult with their foreign counterparts and through appropriate multilateral organiza- tions to encourage comprehensive and robust prudential supervision and regulation for all highly leveraged and interconnected financial companies. (Pub. L. 111–203, title I, § 175, July 21, 2010, 124 Stat. 1442.) § 5374. Rule of construction No regulation or standa

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