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124 STAT. 1398 PUBLIC LAW 111–203—JULY 21, 2010

Applicability. (C) FREEDOM OF INFORMATION ACT.—Section 552 of
title 5, United States Code, including the exceptions there-
under, shall apply to any data or information submitted
under this subsection and subtitle B.

12 USC 5323. SEC. 113. AUTHORITY TO REQUIRE SUPERVISION AND REGULATION OF CERTAIN NONBANK FINANCIAL COMPANIES. (a) U.S. NONBANK FINANCIAL COMPANIES SUPERVISED BY THE BOARD OF GOVERNORS.— (1) DETERMINATION.—The Council, on a nondelegable basis and by a vote of not fewer than 2⁄3 of the voting members then serving, including an affirmative vote by the Chairperson, may determine that a U.S. nonbank financial company shall be supervised by the Board of Governors and shall be subject to prudential standards, in accordance with this title, if the Council determines that material financial distress at the U.S. nonbank financial company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the U.S. nonbank financial company, could pose a threat to the financial stability of the United States. (2) CONSIDERATIONS.—In making a determination under paragraph (1), the Council shall consider— (A) the extent of the leverage of the company; (B) the extent and nature of the off-balance-sheet expo- sures of the company; (C) the extent and nature of the transactions and rela- tionships of the company with other significant nonbank financial companies and significant bank holding compa- nies; (D) the importance of the company as a source of credit for households, businesses, and State and local governments and as a source of liquidity for the United States financial system; (E) the importance of the company as a source of credit for low-income, minority, or underserved commu- nities, and the impact that the failure of such company would have on the availability of credit in such commu- nities; (F) the extent to which assets are managed rather than owned by the company, and the extent to which ownership of assets under management is diffuse; (G) the nature, scope, size, scale, concentration, inter- connectedness, and mix of the activities of the company; (H) the degree to which the company is already regu- lated by 1 or more primary financial regulatory agencies; (I) the amount and nature of the financial assets of the company; (J) the amount and types of the liabilities of the com- pany, including the degree of reliance on short-term funding; and (K) any other risk-related factors that the Council deems appropriate. (b) FOREIGN NONBANK FINANCIAL COMPANIES SUPERVISED BY THE BOARD OF GOVERNORS.— LAWS (1) DETERMINATION.—The Council, on a nondelegable basis and by a vote of not fewer than 2⁄3 of the voting members then serving, including an affirmative vote by the Chairperson,PUBLIC with on anorris VerDate Nov 24 2008 00:54 Jul 29, 2010 Jkt 089139 PO 00203 Frm 00024 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL203.111 GPO1 PsN: PUBL203