Title 12, Banks and BankingRelease 119-110

§5321 Financial Stability Oversight Council Established

Title 12 › CHAPTER 53 — WALL STREET REFORM AND CONSUMER PROTECTION › SUBCHAPTER I — FINANCIAL STABILITY › Part A — Financial Stability Oversight Council › § 5321

Last updated Sep 22, 2026|Official source

Summary

Creates the Financial Stability Oversight Council effective July 21, 2010. The Council has 10 voting members: the Secretary of the Treasury (who is the Chair), the Chair of the Board of Governors of the Federal Reserve, the Comptroller of the Currency, the Director of the Consumer Financial Protection Bureau, the Chair of the Securities and Exchange Commission, the Chair of the Federal Deposit Insurance Corporation, the Chair of the Commodity Futures Trading Commission, the Director of the Federal Housing Finance Agency, the Chair of the National Credit Union Administration, and one independent member with insurance expertise who is appointed by the President and confirmed by the Senate. It also has five nonvoting advisers: the Director of the Office of Financial Research, the Director of the Federal Insurance Office, one state insurance commissioner, one state banking supervisor, and one state securities commissioner (or similar official), with the state people chosen by their peers. Nonvoting members may join all meetings and discussions, but the Chair can have them left out if the member agencies vote to protect confidential supervisory information. The independent member serves a 6-year term. Each state-designated nonvoting member serves 2 years. Vacancies are filled the same way the person was first chosen. Acting heads fill in when an agency leader is absent. If no successor to the independent member is confirmed, that member may stay up to 18 months after their term ends or until a successor is confirmed, whichever comes first. The Council can create advisory or technical committees, including ones of state regulators. It must meet when the Chair or a majority calls a meeting, and at least once every quarter. The Council makes decisions by a majority of the voting members and sets rules for how it runs. Federal agencies may give staff, money, or other help. Members who are federal employees get no extra pay beyond their regular government salary. Federal employees can be detailed to the Council without losing their jobs and keep paid by their home agency.

Full Legal Text

Title 12, §5321

Banks and Banking, Source: USLM XML via OLRC

(a)Establishment
Effective on July 21, 2010, there is established the Financial Stability Oversight Council.
(b)Membership
The Council shall consist of the following members:
(1)Voting members
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;
(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 members
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;
(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 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)
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification 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).

Reference

Citations & Metadata

Citation

12 U.S.C. § 5321

Title 12, Banks and Banking

Last Updated

Sep 22, 2026

Release point: 119-110