Enumerated powers
Exclusions
The Farm Credit Administration shall not have authority, either direct or indirect, to approve bylaws, or any amendments or modifications or changes to bylaws, of System institutions.
Proposed and final regulations; procedures applicable
Legislative veto of regulations; procedures applicable
Pub. L. 92–181, title V, § 585 Stat. 621Pub. L. 96–592, title V94 Stat. 3449Pub. L. 99–205, title II, § 201(7)99 Stat. 1691Pub. L. 99–509, title I, § 1036100 Stat. 1878Pub. L. 100–233, title II, § 207(a)(2)101 Stat. 1607Pub. L. 100–399, title IV, § 409(a)102 Stat. 1003Pub. L. 100–399, title II, § 205102 Stat. 993Pub. L. 101–624, title XVIII, § 1843(a)(1)104 Stat. 3836Pub. L. 102–237, title V, § 502(h)105 Stat. 1869Pub. L. 102–552, title IV, § 401(c)106 Stat. 4128Pub. L. 104–105, title II110 Stat. 174Pub. L. 110–234, title V, § 5407(b)122 Stat. 1160Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 115–334, title V, § 5411(29)132 Stat. 4682(.17, formerly § 5.18, , ; , §§ 507, 508, , ; renumbered § 5.17 and amended , , ; , , ; , title IV, § 417, formerly § 414, § 418(d), formerly § 415(d), §§ 424(a), 431(e), title VIII, §§ 802(v), 805(z), , , 1653, 1656, 1660, 1713, 1717, renumbered §§ 417, 418(d), , , ; , title IV, § 409(e), title IX, § 901(m), (n), , , 1003, 1008; , , ; , , ; , title V, § 511, , , 4132; , §§ 210, 211, , ; , (c)(1), , ; , title V, § 5407(b), (c)(1), , , 1921, 1922; , , .)
Editorial Notes
Codification
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .
Prior Provisions
Pub. L. 92–181section 2251 of this titleA prior section 5.17 of was renumbered section 5.16 and is classified to .
Amendments
Pub. L. 115–3342018—Subsec. (a)(2). struck out “In issuing charters and certificates of territory for district-wide mergers of associations where stockholders of one or more associations did not approve the merger, the charter of the new or merged association shall not include the territory of the disagreeing association or associations; charters issued during calendar year 1985 for district-wide new or merged associations which included the territory of a disagreeing association shall be revoked and reissued to exclude such territory, unless subsequently agreed to by the board of directors of such association or associations. The Farm Credit Administration Board shall ensure that disapproving associations (A) shall not be charged any assessment under this chapter at a rate higher than that charged other like associations in the district, and (B) shall be provided with financial services and assistance on the same basis as other like associations in the district (including, but not limited to, access to credit and rates of interest on loans and discounts) by a district Farm Credit bank to the association and its member-borrowers.” after “institutions involved.”
Pub. L. 110–246, § 5407(c)(1)2008—Subsec. (a)(2). , substituted “(2)” for “(2)(A)” and struck out pars. (B) and (C) which prohibited issuance or amendment of the charter of any institution of the Farm Credit System that would authorize the institution to exercise lending authority in a territory in which the charter of another such institution authorized the other institution to exercise like authority, unless specified approvals were obtained, and provided that such prohibition would apply only in geographic areas where, due to the failure of a merger, the Federal intermediate credit bank or its successor was chartered to provide short- and intermediate-term credit, and a neighboring Farm Credit Bank that was not the successor to the Federal intermediate credit bank was chartered to provide long-term credit, in the same geographic territory.
Pub. L. 110–246, § 5407(b)Subsec. (a)(15). , added par. (15).
Pub. L. 104–105, § 2101996—Subsec. (a)(2)(A). , struck out “or management agreements” after “consolidations of boards of directors” in first sentence.
Pub. L. 104–105, § 211Subsec. (a)(8). , inserted “the requirements of the Farm Credit Administration governing the dissemination to stockholders of quarterly reports of System institutions may not be more burdensome or costly than the requirements applicable to national banks, and” after “except that”.
Pub. L. 102–552, § 401(c)1992—Subsec. (a)(2). , designated existing provisions as subpar. (A) and added subpars. (B) and (C).
Pub. L. 102–552, § 511Subsec. (a)(13), (14). , added pars. (13) and (14).
Pub. L. 102–2371991—Subsec. (a)(8)(B)(ii). struck out second period at end.
Pub. L. 101–624Provided1990—Subsec. (a)(13). struck out par. (13) which read as follows: “Except for associations, approve the salary scale for employees of the institutions of the System, and approve the compensation of the chief executive officer of such institutions: , That no salary scale or rate of compensation shall be approved under this provision unless determined by the Board to be fair and reasonable. The Board may not delegate its responsibilities under this paragraph.”
Pub. L. 100–399, § 901(m)(1)1988—Subsec. (a)(1). , substituted “district banks” for “district boards”.
Pub. L. 100–399, § 901(m)(2)Subsec. (a)(2). , substituted “district bank boards” for “boards of the districts”.
Pub. L. 100–399, § 409(e), substituted “approve the consolidation or division of the territories of institutions when agreed to” for “the consolidation or division of the territories that they serve when agreed to”.
Pub. L. 100–233, § 802(v)(1)(A), substituted “approve amendments to” for “amend or modify”.
Pub. L. 100–233, § 415(d)section 2279a of this titlesection 2181 of this title, substituted “” for “” and “approve mergers and any related activities as provided for in subchapter VII; and” for “; approve mergers of banks operating under the same subchapter of this chapter, merger of Federal land bank associations, merger of production credit associations, and”.
Pub. L. 100–233, § 414, substituted “. The Farm Credit Administration Board shall ensure that disapproving associations (A) shall not be charged any assessment under this chapter at a rate higher than that charged other like associations in the district, and (B) shall be provided with financial services and assistance on the same basis as other like associations in the district” for “; and the Farm Credit Administration shall ensure that the board of directors of district banks does not discriminate against the disapproving associations in exercising its supervisory authorities. Such associations shall not be (i) charged any assessment under this chapter at a rate higher than that charged other like associations in the district or (ii) discriminated against in the provision of any financial service and assistance”.
Pub. L. 100–233, § 431(e)(1), substituted “The Farm Credit Administration Board, after consultation with the respective boards of directors of the affected banks, may require two or more banks operating under the same or different titles to merge if the Board determines that one of such banks has failed to meet its outstanding obligations” for “The Chairman of the Farm Credit Administration Board, after consultation with the respective district board or boards and the board of directors of the Capital Corporation may require two or more banks of the Farm Credit System (other than Central Banks for Cooperatives) operating under the same subchapter to merge if the Chairman determines that one of such banks has failed to meet outstanding obligations of such bank.”
Pub. L. 100–399, § 901(m)(3)section 2207(b) of this titlesection 2207(b) of this titleSubsec. (a)(3). , substituted “Farm Credit Banks under ” for “Federal land banks and Federal intermediate credit banks under ”.
Pub. L. 100–233, § 802(v)(1)(B)Subsec. (a)(5). , struck out “that meet standards and criteria established by the Farm Credit Administration, including standards and criteria with respect to (A) interest rates on obligations of Farm Credit System institutions, and (B) the payment of dividends or patronage refunds by Farm Credit System institutions” after “Farm Credit institutions”.
Pub. L. 100–399, § 205Subsec. (a)(8). , redesignated par. (9) as (8).
Pub. L. 100–233, § 207(a)(2)section 2151 of this title, struck out par. (8) which read as follows: “Make investments in stock of the Capital Corporation out of the revolving fund referred to in , and require the retirement of such stock.”
Pub. L. 100–399, § 205Subsec. (a)(9). , redesignated par. (10) as (9). Former par. (9) redesignated (8).
Pub. L. 100–233, § 424(a), inserted provisions limiting Farm Credit Administration from requiring System institutions to disclose in reports to stockholders certain information concerning condition or classification of loans to certain directors or members of immediate family of certain directors.
Pub. L. 100–399, § 205Subsec. (a)(10) to (12). , redesignated pars. (11) to (13) as (10) to (12), respectively. Former par. (10) redesignated (9).
Pub. L. 100–399, § 205Subsec. (a)(13). , redesignated par. (14) as (13). Former par. (13) redesignated (12).
Pub. L. 100–233, § 805(z), redesignated par. (14) as (13), and struck out former par. (13) which read as follows: “Sue and be sued, complain and defend in any court of law or equity, State or Federal. All suits of a civil nature at common law or in equity to which the Farm Credit Administration shall be a party shall be deemed to arise under the laws of the United States, and the United States district courts shall have original jurisdiction thereof, without regard to the amount of the controversy; and the Farm Credit Administration may, without bond or security, remove any such action, suit, or proceeding from a State court to the United States district court for the district or division embracing the place where the same is pending by following any procedure for removal now or hereafter in effect. Service of process on the Farm Credit Administration shall be in accordance with provisions of title 28 and rules adopted under title 28 for suits in which an agency of the United States is a party. The Farm Credit Administration shall designate an agent at its principal office to accept service of process.”
Pub. L. 100–399, § 205Subsec. (a)(14). , redesignated par. (14) as (13).
Pub. L. 100–233, §§ 431(e)(2), 805(z), redesignated par. (15) as (14) and inserted “by the Board” and “The Board may not delegate its responsibilities under this paragraph.” Former subsec. (14) redesignated (13).
Pub. L. 100–233, § 805(z)Subsec. (a)(15). , redesignated par. (15) as (14).
Pub. L. 100–233, § 802(v)(2)Subsecs. (b), (c). , added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d).
Pub. L. 100–233, § 802(v)(2)Subsec. (d). , redesignated subsec. (c) as (d).
Pub. L. 100–399, § 901(n)(1)Subsec. (d)(1). , made technical amendment to reference to sections 2015(b) and 2128(b) of this title involving underlying provisions of original act and requiring no change in text.
Pub. L. 100–399, § 901(n)section 2015(b) of this titlesection 2074 of this title, substituted “” for “”.
Pub. L. 99–5091986—Subsec. (a)(5)(A). struck out “and on loans made or discounted by such institutions” after “Farm Credit System institutions”.
Pub. L. 99–2051985—Subsec. (a). amended subsec. (a) generally, revising and reorganizing the enumerated powers of the Farm Credit Administration by substituting pars. (1) to (15) for former pars. (1) to (17).
Pub. L. 96–5921980— designated existing provisions as subsec. (a), in par. (3) inserted provisions relating to summary and analysis of reports, and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of Title 7Amendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under , Agriculture.
Pub. L. 110–234, title V, § 5407(d)122 Stat. 1161Pub. L. 110–246, § 4(a)122 Stat. 1664
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246section 8701 of Title 7[ and enacted identical provisions. was repealed by , set out as a note under , Agriculture.]
Effective Date of 1991 Amendment
Pub. L. 102–237Pub. L. 101–624section 1101(b)(4) of Pub. L. 102–237section 1421 of Title 7Amendment by effective as if included in the provision of the Food, Agriculture, Conservation, and Trade Act of 1990, , to which the amendment relates, see , set out as a note under , Agriculture.
Effective Date of 1988 Amendments
Pub. L. 100–399Pub. L. 100–233Pub. L. 100–399section 401 of Pub. L. 100–233section 1001 of Pub. L. 100–399section 2002 of this titleAmendment by sections 205 and 409(a), (e) of effective as if enacted immediately after enactment of , which was approved , and amendment by section 901(m), (n) of effective immediately after amendment made by , which was effective 6 months after , see , set out as a note under .
section 207(a)(2) of Pub. L. 100–233section 207(b) of Pub. L. 100–233section 2152 of this titleAmendment by effective 15 days after , see set out as an Effective Date of Repeal note under .
Effective Date of 1985 Amendment
Pub. L. 99–205section 401 of Pub. L. 99–205section 2001 of this titleAmendment by effective thirty days after , see , set out as a note under .
Regulations
Pub. L. 100–233, title IV, § 424(b)101 Stat. 1656
Termination of Reporting Requirements
section 3003 of Pub. L. 104–66section 1113 of Title 31For termination, effective , of provisions in subsec. (a)(3) of this section relating to requirement to make annual reports to Congress, see , as amended, set out as a note under , Money and Finance, and page 166 of House Document No. 103–7.
Compensation Disclosure by Farm Credit System Institutions
Pub. L. 113–79, title V, § 5404128 Stat. 840
Findings .—
Implementation .—
Regulatory Review
Pub. L. 104–105, title II, § 212110 Stat. 174
Findings .—
Continuation of Regulatory Review .—
Forbearance and Restructuring for Farm Loans; Farm Credit Administration
Pub. L. 100–387, title III, § 313(b)102 Stat. 950