On the petition of a member agency of the Council, the Council may set aside a final regulation prescribed by the Bureau, or any provision thereof, if the Council decides, in accordance with subsection (c), that the regulation or provision would put the safety and soundness of the United States banking system or the stability of the financial system of the United States at risk.
An agency represented by a member of the Council may petition the Council, in writing, and in accordance with rules prescribed pursuant to subsection (f), to stay the effectiveness of, or set aside, a regulation if the member agency filing the petition—
(A)has in good faith attempted to work with the Bureau to resolve concerns regarding the effect of the rule on the safety and soundness of the United States banking system or the stability of the financial system of the United States; and
(B)files the petition with the Council not later than 10 days after the date on which the regulation has been published in the Federal Register.
Any petition filed with the Council under this section shall be published in the Federal Register and transmitted contemporaneously with filing to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives.
(c) Stays and set asides
(A) In general
Upon the request of any member agency, the Chairperson of the Council may stay the effectiveness of a regulation for the purpose of allowing appropriate consideration of the petition by the Council.
A stay issued under this paragraph shall expire on the earlier of—
(i)90 days after the date of filing of the petition under subsection (b); or
(ii)the date on which the Council makes a decision under paragraph (3).
(2) No adverse inference
After the expiration of any stay imposed under this section, no inference shall be drawn regarding the validity or enforceability of a regulation which was the subject of the petition.
(A) In general
The decision to issue a stay of, or set aside, any regulation under this section shall be made only with the affirmative vote in accordance with subparagraph (B) of 2/3 of the members of the Council then serving.
(B) Authorization to vote
A member of the Council may vote to stay the effectiveness of, or set aside, a final regulation prescribed by the Bureau only if the agency or department represented by that member has—
(i)considered any relevant information provided by the agency submitting the petition and by the Bureau; and
(ii)made an official determination, at a public meeting where applicable, that the regulation which is the subject of the petition would put the safety and soundness of the United States banking system or the stability of the financial system of the United States at risk.
(4) Decisions to set aside
(A) Effect of decision
A decision by the Council to set aside a regulation prescribed by the Bureau, or provision thereof, shall render such regulation, or provision thereof, unenforceable.
(B) Timely action required
The Council may not issue a decision to set aside a regulation, or provision thereof, which is the subject of a petition under this section after the expiration of the later of—
(i)45 days following the date of filing of the petition, unless a stay is issued under paragraph (1); or
(ii)the expiration of a stay issued by the Council under this section.
(C) Separate authority
The issuance of a stay under this section does not affect the authority of the Council to set aside a regulation.
(5) Dismissal due to inaction
A petition under this section shall be deemed dismissed if the Council has not issued a decision to set aside a regulation, or provision thereof, within the period for timely action under paragraph (4)(B).
(6) Publication of decision
Any decision under this subsection to issue a stay of, or set aside, a regulation or provision thereof shall be published by the Council in the Federal Register as soon as practicable after the decision is made, with an explanation of the reasons for the decision.
(7) Rulemaking procedures inapplicable
The notice and comment procedures under section
553 of title
5 shall not apply to any decision under this section of the Council to issue a stay of, or set aside, a regulation.
(8) Judicial review of decisions by the Council
A decision by the Council to set aside a regulation prescribed by the Bureau, or provision thereof, shall be subject to review under chapter
7 of title
(d) Application of other law
Nothing in this section shall be construed as altering, limiting, or restricting the application of any other provision of law, except as otherwise specifically provided in this section, including chapter
5 and chapter
7 of title
5, to a regulation which is the subject of a petition filed under this section.
(e) Savings clause
Nothing in this section shall be construed as limiting or restricting the Bureau from engaging in a rulemaking in accordance with applicable law.
(f) Implementing rules
The Council shall prescribe procedural rules to implement this section.
Section effective on the designated transfer date, see section 1029A ofPub. L. 111–203, set out as a note under section
5511 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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