Title 12, Banks and BankingRelease 119-110

§5611 Liquidity Event Determination

Title 12 › CHAPTER 53 — WALL STREET REFORM AND CONSUMER PROTECTION › SUBCHAPTER VI — FEDERAL RESERVE SYSTEM PROVISIONS › § 5611

Last updated Sep 22, 2026|Official source

Summary

The Secretary can ask the Corporation and the Board of Governors to decide if a "liquidity event" is happening that needs use of the guarantee program under section 5612. Their decision must be written and explain three things: that a liquidity event exists, that not acting would seriously hurt U.S. financial stability or the economy, and that actions under section 5612 are needed to avoid or reduce those harms. If both the Corporation and the Board each vote with at least two‑thirds of their members then serving, and the Secretary gives written consent, the Corporation will act under section 5612(a) and the Secretary (after talking with the President) will act under section 5612(c). These steps can go forward even if other federal or state laws would say otherwise. The Secretary must keep the written determinations and give them to the Comptroller General (GAO). The GAO will review and report to Congress on why the decision was made and the likely effects of the actions. The Secretary must also notify the Senate Committee on Banking, Housing, and Urban Affairs and the House Committee on Financial Services either when a submission under section 5612(c) is sent to Congress or within 30 days of the determination, whichever comes first, and explain the reasons for the decision.

Full Legal Text

Title 12, §5611

Banks and Banking, Source: USLM XML via OLRC

(a)Determination and written recommendation
(1)Determination request
The Secretary may request the Corporation and the Board of Governors to determine whether a liquidity event exists that warrants use of the guarantee program authorized under section 5612 of this title.
(2)Requirements of determination
Any determination pursuant to paragraph (1) shall—
(A)be written; and
(B)contain an evaluation of the evidence that—
(i)a liquidity event exists;
(ii)failure to take action would have serious adverse effects on financial stability or economic conditions in the United States; and
(iii)actions authorized under section 5612 of this title are needed to avoid or mitigate potential adverse effects on the United States financial system or economic conditions.
(b)Procedures
Notwithstanding any other provision of Federal or State law, upon the determination of both the Corporation (upon a vote of not fewer than ⅔ of the members of the Corporation then serving) and the Board of Governors (upon a vote of not fewer than ⅔ of the members of the Board of Governors then serving) under subsection (a) that a liquidity event exists that warrants use of the guarantee program authorized under section 5612 of this title, and with the written consent of the Secretary—
(1)the Corporation shall take action in accordance with section 5612(a) of this title; and
(2)the Secretary (in consultation with the President) shall take action in accordance with section 5612(c) of this title.
(c)Documentation and review
(1)Documentation
The Secretary shall—
(A)maintain the written documentation of each determination of the Corporation and the Board of Governors under this section; and
(B)provide the documentation for review under paragraph (2).
(2)GAO review
The Comptroller General of the United States shall review and report to Congress on any determination of the Corporation and the Board of Governors under subsection (a), including—
(A)the basis for the determination; and
(B)the likely effect of the actions taken.
(d)Report to Congress
On the earlier of the date of a submission made to Congress under section 5612(c) of this title, or within 30 days of the date of a determination under subsection (a), the Secretary shall provide written notice of the determination of the Corporation and the Board of Governors to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, including a description of the basis for the determination.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Subchapter 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.

Reference

Citations & Metadata

Citation

12 U.S.C. § 5611

Title 12, Banks and Banking

Last Updated

Sep 22, 2026

Release point: 119-110