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window lending programs, and open market operations; and ‘‘(ii) make any recommendations on whether the exemption described in clause (i) should remain in effect. Publication. ‘‘(B) REPORT.—Not later than 30 months after the date Web posting. of enactment of this section, the Inspector General of the Board of Governors of the Federal Reserve System shall submit a report on the findings of the study required under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, and publish the report on the website of the Board. ‘‘(9) RULE OF CONSTRUCTION.—Nothing in this section is meant to affect any pending litigation or lawsuit filed under section 552 of title 5, United States Code (popularly known as the Freedom of Information Act), on or before the date of enactment of the Dodd-Frank Wall Street Reform and Con- sumer Protection Act.’’.

12 USC 5611. SEC. 1104. LIQUIDITY EVENT DETERMINATION.
(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 guar-
antee program authorized under section 1105.
(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 condi-
tions in the United States; and
(iii) actions authorized under section 1105 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 Fed-
eral or State law, upon the determination of both the Corporation
(upon a vote of not fewer than 2⁄3 of the members of the Corporation
then serving) and the Board of Governors (upon a vote of not
fewer than 2⁄3 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
1105, and with the written consent of the Secretary—
(1) the Corporation shall take action in accordance with
section 1105(a); and
(2) the Secretary (in consultation with the President) shall
take action in accordance with section 1105(c).
(c) DOCUMENTATION AND REVIEW.—
(1) DOCUMENTATION.—The Secretary shall—
(A) maintain the written documentation of each deter-
mination of the Corporation and the Board of Governors

LAWS under this section; and (B) provide the documentation for review under para- graph (2).PUBLIC with on anorris VerDate Nov 24 2008 22:28 Sep 03, 2010 Jkt 089139 PO 00203 Frm 00746 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL203.111 PUBL203