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119th Congress

Title 12 — Banks and Banking

Chapter 16 — Federal Deposit Insurance Corporation

§ 1833e. Equal opportunity

Statutory text

(a)

In general

For purposes of this Act, Executive Order Numbered 11478, providing for equal employment opportunity in the Federal Government, shall apply to—

(1)

the Comptroller of the Currency;

(2)

the Federal Housing Finance Agency; and

(3)

the Federal Deposit Insurance Corporation.

(b)

Affirmative program for equal employment opportunity

For purposes of this Act, sections 1 and 2 of Executive Order Numbered 11478, providing for the adoption and implementation of equal employment opportunity, shall apply to the Federal Home Loan Banks, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation.

(c)

Solicitation of contracts

The Federal Deposit Insurance Corporation, the Comptroller of the Currency, and the Federal Housing Finance Agency, shall each prescribe regulations to establish and oversee a minority outreach program within each such agency to ensure inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, including financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts entered into by the agency with such persons or entities, public and private, in order to manage the institutions and their assets for which the agency is responsible or to perform such other functions authorized under any law applicable to such agency.

(d)

Report to Congress

Before the end of the 180-day period beginning on —

(1)

the Federal Deposit Insurance Corporation;

(2)

the Comptroller of the Currency;

(3)

the Federal Housing Finance Board;

(4)

the Federal Home Loan Mortgage Corporation; and

(5)

the Federal National Mortgage Association,

shall each submit to the Congress a report containing a complete description of the actions taken by such agency pursuant to subsections (a) and (b) and such recommendations for administrative and legislative action as each such agency may determine to be appropriate to carry out the purposes of such subsection.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Financial Institutions Reform, Recovery, and Enforcement Act of 1989

    Pub. L. 101–73 title XII § 1216 · 103 Stat. 183

    Enacted · 12 U.S.C. § 1833e

    Pub. L. 101–73, title XII, § 1216, Aug. 9, 1989, 103 Stat. 529

    Source evidence

    Code source credit
    Pub. L. 101–73, title XII, § 1216, Aug. 9, 1989, 103 Stat. 529

    Enacted provision · exact public law section
    SEC. 1216. EQUAL OPPORTUNITY. (a) In General.— For purposes of this Act, Executive Order Numbered 11478, providing for equal employment opportunity in the Federal Government, shall apply to— (1) the Comptroller of the Currency; (2) the Director of the Office of Thrift Supervision; (3) the Federal home loan banks; (4) the Federal Deposit Insurance Corporation; (5) the Oversight Board of the Resolution Trust Corporation; and (6) the Resolution Trust Corporation. (b) Affirmative Program for Equal Employment Opportunity.— For purposes of this Act, sections 1 and 2 of Executive Order Numbered 11478, providing for the adoption and implementation of equal employment opportunity, shall apply to the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (c) Solicitation of Contracts.— The Federal Deposit Insurance Regulations. Minorities. Women. Corporation, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Housing Finance Board, the Oversight Board of the Resolution Trust Corporation, and the Resolution Trust Corporation shall each prescribe regulations to establish and oversee a minority outreach program within each such agency to ensure inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, including financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts entered into by the agency with such persons or entities, public and private, in order to manage the institutions and their assets for which the agency is responsible or to perform such other functions authorized under any law applicable to such agency. (d) Report to Congress.— Before the end of the 180-day period beginning on the date of the enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989— (1) the Federal Deposit Insurance Corporation; (2) the Comptroller of the Currency; (3) the Director of the Office of Thrift Supervision; (4) the Federal Housing Finance Board; (5) the Oversight Board of the Resolution Trust Corporation; (6) the Resolution Trust Corporation; (7) the Federal Home Loan Mortgage Corporation; and (8) the Federal National Mortgage Association, shall each submit to the Congress a report containing a complete description of the actions taken by such agency pursuant to subsections (a) and (b) and such recommendations for administrative and legislative action as each such agency may determine to be appropriate to carry out the purposes of such subsection.

  2. Federal Housing Finance Regulatory Reform Act of 2008

    Pub. L. 110–289 § 1216(g)(1) · 122 Stat. 2654

    1. Added · 12 U.S.C. § 1833e(a)(3)

      Pub. L. 110–289, § 1216(g)(1), added par. (3)

    2. Struck · 12 U.S.C. § 1833e(a)(3)

      Pub. L. 110–289, § 1216(g)(1), struck out former par. (3) which read as follows: “the Federal home loan banks;”. See Codification note above

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 110–289, § 1216(g)(1), added par. (3) and struck out former par. (3) which read as follows: “the Federal home loan banks;”. See Codification note above.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking paragraph (3) and inserting the following: “(3) the Federal Housing Finance Agency;” ;

  3. Federal Housing Finance Regulatory Reform Act of 2008

    Pub. L. 110–289 § 1216(g)(2) · 122 Stat. 2654

    Substituted · 12 U.S.C. § 1833e(b)

    Pub. L. 110–289, § 1216(g)(2), substituted “Federal Home Loan Banks, the Federal National Mortgage Association,” for “Federal National Mortgage Association”. See Codification note above

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–289, § 1216(g)(2), substituted “Federal Home Loan Banks, the Federal National Mortgage Association,” for “Federal National Mortgage Association”. See Codification note above.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “Federal National Mortgage Association” and inserting “Federal Home Loan Banks, the Federal National Mortgage Association,”; and

  4. Federal Housing Finance Regulatory Reform Act of 2008

    Pub. L. 110–289 § 1216(g)(3) · 122 Stat. 2654

    Substituted · 12 U.S.C. § 1833e(c)

    Pub. L. 110–289, § 1216(g)(3), substituted “Finance Agency” for “Finance Board”. See Codification note above

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–289, § 1216(g)(3), substituted “Finance Agency” for “Finance Board”. See Codification note above.

    Enacted provision · exact public law section
    (3) in subsection (c), by striking “Finance Board” and inserting “Finance Agency”.

  5. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 367(9)(A)(iii) · 124 Stat. 1376

    1. Redesignated · 12 U.S.C. § 1833e(a)(2)

      Pub. L. 111–203, § 367(9)(A)(iii), (iv), redesignated par. (3) as (2)

    2. Struck · 12 U.S.C. § 1833e(a)(2)

      Pub. L. 111–203, § 367(9)(A)(iii), (iv), struck out former par. (2) which read as follows: “the Director of the Office of Thrift Supervision;”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 111–203, § 367(9)(A)(iii), (iv), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “the Director of the Office of Thrift Supervision;”.

    Enacted provision · exact public law section
    (iii) by striking paragraphs (2), (5), and (6); and

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

  6. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 367(9)(A)(iv) · 124 Stat. 1376

    Redesignated · 12 U.S.C. § 1833e(a)(3)

    Pub. L. 111–203, § 367(9)(A)(iv), redesignated par. (4) as (3). Former par. (3) redesignated (2)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 111–203, § 367(9)(A)(iv), redesignated par. (4) as (3). Former par. (3) redesignated (2).

    Enacted provision · exact public law section
    (iv) by redesignating paragraphs (3) and (4), as paragraphs (2) and (3), respectively;

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

  7. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 367(9)(A)(i) · 124 Stat. 1376

    Inserted · 12 U.S.C. § 1833e(a)(3)

    Pub. L. 111–203, § 367(9)(A)(i), inserted “and” at the end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–203, § 367(9)(A)(i), inserted “and” at the end.

    Enacted provision · exact public law section
    (i) in paragraph (3), by adding “and” at the end;

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

  8. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 367(9)(A)(iv) · 124 Stat. 1376

    Redesignated · 12 U.S.C. § 1833e(a)(4)

    Pub. L. 111–203, § 367(9)(A)(iv), redesignated par. (4) as (3)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 111–203, § 367(9)(A)(iv), redesignated par. (4) as (3).

    Enacted provision · exact public law section
    (iv) by redesignating paragraphs (3) and (4), as paragraphs (2) and (3), respectively;

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

  9. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 367(9)(A)(ii) · 124 Stat. 1376

    Substituted · 12 U.S.C. § 1833e(a)(4)

    Pub. L. 111–203, § 367(9)(A)(ii), substituted a period for the semicolon at the end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–203, § 367(9)(A)(ii), substituted a period for the semicolon at the end.

    Enacted provision · exact public law section
    (ii) in paragraph (4), by striking the semicolon at the end and inserting a period;

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

  10. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 367(9)(A)(iii) · 124 Stat. 1376

    Struck · 12 U.S.C. § 1833e(a)(5); 12 U.S.C. § 1833e(a)(6)

    Pub. L. 111–203, § 367(9)(A)(iii), struck out pars. (5) and (6) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(5), (6). Pub. L. 111–203, § 367(9)(A)(iii), struck out pars. (5) and (6) which read as follows:

    “(5) the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation; and “(6) the Resolution Trust Corporation.”

    Enacted provision · exact public law section
    (iii) by striking paragraphs (2), (5), and (6); and

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

  11. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 367(9)(B) · 124 Stat. 1376

    Substituted · 12 U.S.C. § 1833e(c)

    Pub. L. 111–203, § 367(9)(B), substituted “and the Federal Housing Finance Agency,” for “the Director of the Office of Thrift Supervision, the Federal Housing Finance Agency, the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation, and the Resolution Trust Corporation”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–203, § 367(9)(B), substituted “and the Federal Housing Finance Agency,” for “the Director of the Office of Thrift Supervision, the Federal Housing Finance Agency, the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation, and the Resolution Trust Corporation”.

    Enacted provision · exact public law section
    (B) in subsection (c)— (i) by striking “the Director of the Office of Thrift Supervision,” and inserting “and”; and (ii) by striking “the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation, and the Resolution Trust Corporation”; and

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

  12. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 367(9)(C) · 124 Stat. 1376

    1. Redesignated · 12 U.S.C. § 1833e(d)(3)(8)

      Pub. L. 111–203, § 367(9)(C), redesignated pars. (4), (7), and (8) as (3) to (5), respectively

    2. Struck · 12 U.S.C. § 1833e(d)(3)(8)

      Pub. L. 111–203, § 367(9)(C), struck out former pars. (3), (5), and (6) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (d)(3) to (8). Pub. L. 111–203, § 367(9)(C), redesignated pars. (4), (7), and (8) as (3) to (5), respectively, and struck out former pars. (3), (5), and (6) which read as follows:

    “(3) the Director of the Office of Thrift Supervision; “(5) the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation; “(6) the Resolution Trust Corporation;”.

    Enacted provision · exact public law section
    (C) in subsection (d)— (i) by striking paragraphs (3), (5), and (6); and (ii) by redesignating paragraphs (4), (7), and (8) as paragraphs (3), (4), and (5), respectively.

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

15 of 15 references resolved to an enrolled provision

Editorial Notes

References in Text

This Act, referred to in subsecs. (a) and (b), is Pub. L. 101–73, , 103 Stat. 183, known as the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. For complete classification of this Act to the Code, see Short Title of 1989 Amendment note set out under section 1811 of this title and Tables.

Executive Order Numbered 11478, referred to in subsecs. (a) and (b), is set out as a note under section 2000e of Title 42, The Public Health and Welfare.

Codification

Section was enacted as part of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and not as part of the Federal Deposit Insurance Act which comprises this chapter.

Pub. L. 110–289, div. A, title II, § 1216(g), which directed amendment of section 1216 of the “Financial Institutions Reform, Recovery, and Enhancement Act of 1989”, was executed to this section, which is section 1216 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, to reflect the probable intent of Congress. See 2008 Amendment notes below.

Amendments2008–2010 · 2 rounds

2010

Subsec. (a)(2). Pub. L. 111–203, § 367(9)(A)(iii), (iv), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “the Director of the Office of Thrift Supervision;”.

Subsec. (a)(3). Pub. L. 111–203, § 367(9)(A)(iv), redesignated par. (4) as (3). Former par. (3) redesignated (2).

Pub. L. 111–203, § 367(9)(A)(i), inserted “and” at the end.

Subsec. (a)(4). Pub. L. 111–203, § 367(9)(A)(iv), redesignated par. (4) as (3).

Pub. L. 111–203, § 367(9)(A)(ii), substituted a period for the semicolon at the end.

Subsec. (a)(5), (6). Pub. L. 111–203, § 367(9)(A)(iii), struck out pars. (5) and (6) which read as follows:

“(5) the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation; and

“(6) the Resolution Trust Corporation.”

Subsec. (c). Pub. L. 111–203, § 367(9)(B), substituted “and the Federal Housing Finance Agency,” for “the Director of the Office of Thrift Supervision, the Federal Housing Finance Agency, the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation, and the Resolution Trust Corporation”.

Subsec. (d)(3) to (8). Pub. L. 111–203, § 367(9)(C), redesignated pars. (4), (7), and (8) as (3) to (5), respectively, and struck out former pars. (3), (5), and (6) which read as follows:

“(3) the Director of the Office of Thrift Supervision;

“(5) the Thrift Depositor Protection Oversight Board of the Resolution Trust Corporation;

“(6) the Resolution Trust Corporation;”.

2008

Subsec. (a)(3). Pub. L. 110–289, § 1216(g)(1), added par. (3) and struck out former par. (3) which read as follows: “the Federal home loan banks;”. See Codification note above.

Subsec. (b). Pub. L. 110–289, § 1216(g)(2), substituted “Federal Home Loan Banks, the Federal National Mortgage Association,” for “Federal National Mortgage Association”. See Codification note above.

Subsec. (c). Pub. L. 110–289, § 1216(g)(3), substituted “Finance Agency” for “Finance Board”. See Codification note above.

Statutory Notes and Related Subsidiaries

Change of Name

Oversight Board redesignated Thrift Depositor Protection Oversight Board, effective , see section 302(a) of Pub. L. 102–233, formerly set out as a note under section 1441a of this title. Thrift Depositor Protection Oversight Board abolished, see section 14(a)–(d) of Pub. L. 105–216, formerly set out as a note under section 1441a of this title.

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

Credits

1989–2010 · 4 acts
  1. 1989Pub. L. 101–73, title XII, § 1216, , 103 Stat. 529
  2. 1991Pub. L. 102–233, title III, § 302(a), , 105 Stat. 1767
  3. 2008Pub. L. 110–289, div. A, title II, § 1216(g), , 122 Stat. 2793
  4. 2010Pub. L. 111–203, title III, § 367(9), , 124 Stat. 1557.
Show as published

(Pub. L. 101–73, title XII, § 1216, , 103 Stat. 529; Pub. L. 102–233, title III, § 302(a), , 105 Stat. 1767; Pub. L. 110–289, div. A, title II, § 1216(g), , 122 Stat. 2793; Pub. L. 111–203, title III, § 367(9), , 124 Stat. 1557.)

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