---
kind: "section"
citation: "12 U.S.C. § 5238"
title: "12"
title_heading: "Banks and Banking"
number: "5238"
heading: "Study on mark-to-market accounting"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/5238"
units:
  - "Chapter 52 — Emergency Economic Stabilization"
  - "Subchapter I — Troubled Assets Relief Program"
---

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

- (a) **Study—** The Securities and Exchange Commission, in consultation with the [Board](/usc/12/5202.md?p=2) and the [Secretary](/usc/12/5202.md?p=7), shall conduct a study on mark-to-market accounting standards as provided in Statement Number 157 of the Financial Accounting Standards [Board](/usc/12/5202.md?p=2), as such standards are applicable to [financial institutions](/usc/12/5202.md?p=5), including [depository institutions](/usc/12/1861.md?p=b-4). Such a study shall consider at a minimum—
  - (1) the effects of such accounting standards on a [financial institution](/usc/12/5202.md?p=5)’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](/usc/12/5202.md?p=2) 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—** The Securities and Exchange Commission shall submit to Congress a report of such study before the end of the 90-day period beginning on October 3, 2008, containing the findings and determinations of the Commission, including such administrative and legislative recommendations as the Commission determines appropriate.

## Source credit

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