12 USC § 5238 - Study on mark-to-market accounting

---
identifier: "/us/usc/t12/s5238"
source: "usc"
legal_status: "official_prima_facie"
title: "12 USC § 5238 - Study on mark-to-market accounting"
title_number: 12
title_name: "BANKS AND BANKING"
section_number: "5238"
section_name: "Study on mark-to-market accounting"
chapter_number: 52
chapter_name: "EMERGENCY ECONOMIC STABILIZATION"
subchapter_number: "I"
subchapter_name: "TROUBLED ASSETS RELIEF PROGRAM"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 110–343, div. A, title I, § 133, Oct. 3, 2008, 122 Stat. 3798.)"
---


# § 5238. Study on mark-to-market accounting

**(a)** **Study** The Securities and Exchange Commission, in consultation with the Board and the Secretary, shall conduct a study on mark-to-market accounting standards as provided in Statement Number 157 of the Financial Accounting Standards Board, as such standards are applicable to financial institutions, including depository institutions. Such a study shall consider at a minimum—

**(1)** the effects of such accounting standards on a financial institution’s balance sheet;

**(2)** the impacts of such accounting on bank failures in 2008;

**(3)** the impact of such standards on the quality of financial information available to investors;

**(4)** the process used by the Financial Accounting Standards Board in developing accounting standards;

**(5)** the advisability and feasibility of modifications to such standards; and

**(6)** alternative accounting standards to those provided in such Statement Number 157.

**(b)** **Report** October 3, 2008

The Securities and Exchange Commission shall submit to Congress a report of such study before the end of the 90-day period beginning on , containing the findings and determinations of the Commission, including such administrative and legislative recommendations as the Commission determines appropriate.

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**Source Credit**: (Pub. L. 110–343, div. A, title I, § 133, Oct. 3, 2008, 122 Stat. 3798.)