---
kind: "section"
citation: "12 U.S.C. § 5452"
title: "12"
title_heading: "Banks and Banking"
number: "5452"
heading: "Office of Minority and Women Inclusion"
release: "119-102"
url: "https://uscodex.org/usc/12/5452"
units:
  - "Chapter 53 — Wall Street Reform and Consumer Protection"
  - "Subchapter III — Transfer of Powers to the Comptroller of the Currency, the Corporation, and the Board of Governors"
  - "Part C — Other Matters"
---

# §5452. Office of Minority and Women Inclusion

- (a) **Office of Minority and Women Inclusion—**
  - (1) **Establishment—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#a-1-B), not later than 6 months after July 21, 2010, each [agency](#g-1) shall establish an [Office](#g-5) of [Minority](#g-3) and [Women](/usc/12/2907.md?p=b-2) Inclusion that shall be responsible for all matters of the [agency](#g-1) relating to diversity in management, employment, and business activities.
    - (B) **Bureau—** The [Bureau](/usc/12/5301.md?p=4) shall establish an [Office](#g-5) of [Minority](#g-3) and [Women](/usc/12/2907.md?p=b-2) Inclusion not later than 6 months after the [designated transfer date](/usc/12/5481.md?p=9) established under [section 5582 of this title](/usc/12/5582.md).
  - (2) **Transfer of responsibilities—** Each [agency](#g-1) that, on the day before July 21, 2010, assigned the responsibilities described in [paragraph (1)](#a-1) (or comparable responsibilities) to another [office](#g-5) of the [agency](#g-1) shall ensure that such responsibilities are transferred to the [Office](#g-5).
  - (3) **Duties with respect to civil rights laws—** The responsibilities described in [paragraph (1)](#a-1) do not include enforcement of statutes, regulations, or executive orders pertaining to civil rights, except each [Director](/usc/12/2279bb.md?p=3) shall coordinate with the [agency administrator](#g-2), or the designee of the [agency administrator](#g-2), regarding the design and implementation of any remedies resulting from violations of such statutes, regulations, or executive orders.
- (b) **Director—**
  - (1) **In general—** The [Director](/usc/12/2279bb.md?p=3) of each [Office](#g-5) shall be appointed by, and shall report to, the [agency administrator](#g-2). The position of [Director](/usc/12/2279bb.md?p=3) shall be a career reserved position in the Senior Executive Service, as that position is defined in [section 3132 of title 5](/usc/5/3132.md), or an equivalent designation.
  - (2) **Duties—** Each [Director](/usc/12/2279bb.md?p=3) shall develop standards for—
    - (A) equal employment opportunity and the racial, ethnic, and gender diversity of the workforce and senior management of the [agency](#g-1);
    - (B) increased [participation](/usc/12/2206a.md?p=a-1) of [minority](#g-3)-owned and [women-owned businesses](#g-6) in the programs and contracts of the [agency](#g-1), [including](/usc/12/25b.md?p=a-3) standards for coordinating technical assistance to such businesses; and
    - (C) assessing the diversity policies and practices of entities regulated by the [agency](#g-1).
  - (3) **Other duties—** Each [Director](/usc/12/2279bb.md?p=3) shall advise the [agency administrator](#g-2) on the impact of the policies and regulations of the [agency](#g-1) on [minority](#g-3)-owned and [women-owned businesses](#g-6).
  - (4) **Rule of construction—** Nothing in [paragraph (2)(C)](#b-2-C) may be construed to mandate any requirement on or otherwise affect the lending policies and practices of any regulated entity, or to require any specific action based on the findings of the assessment.
- (c) **Inclusion in all levels of business activities—**
  - (1) **In general—** The [Director](/usc/12/2279bb.md?p=3) of each [Office](#g-5) shall develop and implement standards and procedures to ensure, to the maximum extent possible, the fair inclusion and utilization of [minorities](#g-3), [women](/usc/12/2907.md?p=b-2), and [minority](#g-3)-owned and [women-owned businesses](#g-6) in all business and activities of the [agency](#g-1) at all levels, [including](/usc/12/25b.md?p=a-3) in procurement, insurance, and all types of contracts.
  - (2) **Contracts—** The procedures established by each [agency](#g-1) for review and evaluation of contract proposals and for hiring [service providers](/usc/12/5481.md?p=26-A) shall include, to the extent consistent with applicable law, a component that gives consideration to the diversity of the applicant. Such procedure shall include a written statement, in a form and with such content as the [Director](/usc/12/2279bb.md?p=3) shall prescribe, that a contractor shall ensure, to the maximum extent possible, the fair inclusion of [women](/usc/12/2907.md?p=b-2) and [minorities](#g-3) in the workforce of the contractor and, as applicable, subcontractors.
  - (3) **Termination—**
    - (A) **Determination—** The standards and procedures developed and implemented under this subsection shall include a procedure for the [Director](/usc/12/2279bb.md?p=3) to make a determination whether an [agency](#g-1) contractor, and, as applicable, a subcontractor has failed to make a good faith effort to include [minorities](#g-3) and [women](/usc/12/2907.md?p=b-2) in their workforce.
    - (B) **Effect of determination—**
      - (i) **Recommendation to agency administrator—** Upon a determination described in [subparagraph (A)](#c-3-A), the [Director](/usc/12/2279bb.md?p=3) shall make a recommendation to the [agency administrator](#g-2) that the contract be terminated.
      - (ii) **Action by agency administrator—** Upon receipt of a recommendation under [clause (i)](#c-3-B-i), the [agency administrator](#g-2) may—
        - (I) terminate the contract;
        - (II) make a referral to the [Office](#g-5) of Federal Contract Compliance Programs of the Department of Labor; or
        - (III) take other appropriate action.
- (d) **Applicability—** This section shall apply to all contracts of an [agency](#g-1) for services of any kind, [including](/usc/12/25b.md?p=a-3) the services of [financial institutions](/usc/12/1715k.md?p=h-1-C), investment banking firms, [mortgage](/usc/12/1707.md?p=a) banking firms, asset management firms, brokers, dealers, financial services entities, underwriters, accountants, investment consultants, and providers of legal services. The contracts referred to in this subsection include all contracts for all business and activities of an [agency](#g-1), at all levels, [including](/usc/12/25b.md?p=a-3) contracts for the issuance or guarantee of any debt, equity, or security, the sale of assets, the management of the assets of the [agency](#g-1), the making of equity investments by the [agency](#g-1), and the implementation by the [agency](#g-1) of programs to address economic recovery.
- (e) **Reports—** Each [Office](#g-5) shall submit to Congress an annual report regarding the actions taken by the [agency](#g-1) and the [Office](#g-5) pursuant to this section, which shall include—
  - (1) a statement of the total amounts paid by the [agency](#g-1) to contractors since the previous report;
  - (2) the percentage of the amounts described in [paragraph (1)](#e-1) that were paid to contractors described in [subsection (c)(1)](#c-1);
  - (3) the successes achieved and challenges faced by the [agency](#g-1) in operating [minority](#g-3) and [women](/usc/12/2907.md?p=b-2) outreach programs;
  - (4) the challenges the [agency](#g-1) may face in hiring qualified [minority](#g-3) and [women](/usc/12/2907.md?p=b-2) employees and contracting with qualified [minority](#g-3)-owned and [women-owned businesses](#g-6); and
  - (5) any other information, findings, conclusions, and recommendations for legislative or [agency](#g-1) action, as the [Director](/usc/12/2279bb.md?p=3) determines appropriate.
- (f) **Diversity in agency workforce—** Each [agency](#g-1) shall take affirmative steps to seek diversity in the workforce of the [agency](#g-1) at all levels of the [agency](#g-1) in a manner consistent with applicable law. Such steps shall include—
  - (1) recruiting at historically black colleges and universities, Hispanic-serving institutions, [women](/usc/12/2907.md?p=b-2)’s colleges, and colleges that typically serve majority [minority](#g-3) populations;
  - (2) sponsoring and recruiting at job fairs in urban communities;
  - (3) placing employment advertisements in newspapers and magazines oriented toward [minorities](#g-3) and [women](/usc/12/2907.md?p=b-2);
  - (4) partnering with organizations that are focused on developing opportunities for [minorities](#g-3) and [women](/usc/12/2907.md?p=b-2) to place talented young [minorities](#g-3) and [women](/usc/12/2907.md?p=b-2) in industry internships, summer employment, and full-time positions;
  - (5) where feasible, partnering with inner-city high schools, girls’ high schools, and high schools with majority [minority](#g-3) populations to establish or enhance financial literacy programs and provide mentoring; and
  - (6) any other mass media communications that the [Office](#g-5) determines necessary.
- (g) **Definitions—** For purposes of this section, the following definitions shall apply:
  - (1) **Agency—** The term “agency” means—
    - (A) the Departmental [Offices](#g-5) of the Department of the Treasury;
    - (B) the [Corporation](/usc/12/5301.md?p=7);
    - (C) the Federal Housing Finance [Agency](#g-1);
    - (D) each of the Federal [reserve banks](/usc/12/221a.md?p=a);
    - (E) the [Board](/usc/12/221a.md?p=a);
    - (F) the National [Credit Union](/usc/12/3423.md?p=a-1-E) Administration;
    - (G) the [Office](#g-5) of the Comptroller of the Currency;
    - (H) the [Commission](/usc/12/5301.md?p=5); and
    - (I) the [Bureau](/usc/12/5301.md?p=4).
  - (2) **Agency administrator—** The term “agency administrator” means the head of an [agency](#g-1).
  - (3) **Minority—** The term “minority” has the same meaning as in section 1204(c) of the [Financial Institutions](/usc/12/1715k.md?p=h-1-C) Reform, Recovery, and Enforcement Act of 1989 ([12 U.S.C. 1811](/usc/12/1811.md) note).
  - (4) **Minority-owned business—** The term “minority-owned business” has the same meaning as in [section 1441a(r)(4)(A) of this title](/usc/12/1441a.md), as in effect on the day before the [transfer date](/usc/12/5301.md?p=17).
  - (5) **Office—** The term “Office” means the Office of [Minority](#g-3) and [Women](/usc/12/2907.md?p=b-2) Inclusion established by an [agency](#g-1) under [subsection (a)](#a).
  - (6) **Women-owned business—** The term “women-owned business” has the meaning given the term “[women](/usc/12/2907.md?p=b-2)’s business” in [section 1441a(r)(4)(B) of this title](/usc/12/1441a.md), as in effect on the day before the [transfer date](/usc/12/5301.md?p=17).

## Source credit

(Pub. L. 111–203, title III, § 342, July 21, 2010, 124 Stat. 1541.)

## Notes

### Editorial Notes

### References in Text

Section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, referred to in subsec. (g)(3), is section 1204(c) of Pub. L. 101–73, which is set out as a note under section 1811 of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section 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.