US Code

Public Law 119-73 (01/23/2026)

12 U.S.C. § 2254

Examinations

(a)

Scope and frequency of examinations; power, authority, and liability of examiners

12 U.S.C. 2112 U.S.C. 22112 U.S.C. 1811Each institution of the System shall be examined by Farm Credit Administration examiners at such times as the Board may determine, but in no event less than once during each 18-month period. Such examinations may include, if appropriate, but are not limited to, an analysis of credit and collateral quality and capitalization of the institution, and appraisals of the effectiveness of the institution’s management and application of policies governing the carrying out of this chapter and regulations of the Farm Credit Administration and servicing all eligible borrowers. Examination of banks shall include an analysis of the compensation paid to the chief executive officer and the salary scales of the employees of the bank. At the direction of the Board, Farm Credit Administration examiners also shall make examinations of the condition of any organization, other than federally regulated financial institutions, to, for, or with which any institution of the System contemplates making a loan or discounting paper. For the purposes of this chapter, examiners of the Farm Credit Administration shall be subject to the same requirements, responsibilities, and penalties as are applicable to examiners under the National Bank Act [ et seq.], the Federal Reserve Act [ et seq.], and Federal Deposit Insurance Act [ et seq.], and other provisions of law and shall have the same powers and privileges as are vested in such examiners by law.

(b)

Annual report of condition

Each institution of the System shall make and publish an annual report of condition as prescribed by the Farm Credit Administration. Each such report shall contain financial statements prepared in accordance with generally accepted accounting principles and contain such additional information as the Farm Credit Administration by regulation may require. Such financial statements of System institutions shall be audited by an independent public accountant.

(c)

Report of examination of noncomplying institution; publication; notice of intention

The Farm Credit Administration may publish the report of examination of any System institution that does not, before the end of the 120th day after the date of notification of the recommendations and suggestions of the Farm Credit Administration, based on such examination, comply with such recommendations and suggestions to the satisfaction of the Farm Credit Administration. The Farm Credit Administration shall give notice of intention to publish in the event of such noncompliance at least 90 days before such publication. Such notice of intention may be given any time after such notification of recommendations and suggestions.

(d)

Duties of Farm Credit Administration

section 2277a–8(b)(1)(B) of this titleOn receipt of a request made under with respect to a System institution, the Farm Credit Administration shall—
(1)
furnish for the confidential use of the Farm Credit System Insurance Corporation reports of examination of the institution and other reports or information on the institution; and
(2)
(A)
examine, or obtain other information on, the institution and furnish for the confidential use of the Farm Credit System Insurance Corporation the report of the examination and such other information; or
(B)
if the Farm Credit Administration Board determines that compliance with the request would substantially impair the ability of the Farm Credit Administration to carry out the other duties and responsibilities of the Farm Credit Administration under this chapter, notify the Board of Directors of the Farm Credit System Insurance Corporation that the Farm Credit Administration will be unable to comply with the request.
(e)

Sharing of privileged and confidential information

A System institution shall not be considered to have waived the confidentiality of a privileged communication with an attorney or an accountant if the System institution provides the content of the communication to the Farm Credit Administration pursuant to the supervisory or regulatory authorities of the Farm Credit Administration.

Pub. L. 92–181, title V, § 585 Stat. 623Pub. L. 99–205, title II, § 203(a)99 Stat. 1693Pub. L. 99–509, title I, § 1037100 Stat. 1878Pub. L. 100–233, title II, § 205(b)101 Stat. 1607Pub. L. 100–399, title II, § 204102 Stat. 993Pub. L. 101–624, title XVIII, § 1843(b)104 Stat. 3836Pub. L. 102–552, title V106 Stat. 4133Pub. L. 104–105, title II, § 213110 Stat. 175Pub. L. 115–334, title V132 Stat. 4676(.19, formerly § 5.20, , ; renumbered § 5.19 and amended , , ; , , ; , title IV, § 432(b), , , 1661; , title IV, § 416(c), , , 1004; , , ; , §§ 512, 513(b), , , 4134; , , ; , §§ 5404, 5411(31), , , 4682.)

Editorial Notes

Prior Provisions

Pub. L. 92–181section 2253 of this titlePub. L. 99–205, title II, § 202(a)99 Stat. 1693A prior section 5.19 of was classified to prior to repeal by , , .

References in Text

act June 3, 1864, ch. 10613 Stat. 99section 38 of this titleThe National Bank Act, referred to in subsec. (a), is , , which is classified principally to chapter 2 (§ 21 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under .

act Dec. 23, 1913, ch. 638 Stat. 251section 226 of this titleThe Federal Reserve Act, referred to in subsec. (a), is , , which is classified principally to chapter 3 (§ 221 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under and Tables.

act Sept. 21, 1950, ch. 967, § 264 Stat. 873section 1811 of this titleThe Federal Deposit Insurance Act, referred to in subsec. (a), is , , which is classified generally to chapter 16 (§ 1811 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 115–334, § 5411(31)(A)2018—Subsec. (a). , substituted “Each institution” for “Except for Federal land bank associations, each institution” and struck out “Each Federal land bank association shall be examined by Farm Credit Administration examiners at such times as the Farm Credit Administration Board may determine, except that each such association shall be examined at least once every three years.” after “each 18-month period.”

Pub. L. 115–334, § 5411(31)(B)section 2159(b) of this titleSubsec. (b). , struck out par. (1) designation before “Each institution”, struck out “, except with respect to any actions taken by any banks of the System under ,” after “accounting principles” and “Notwithstanding the provisions of the preceding sentence and any other provision of this chapter, for the period , through , the institutions of the Farm Credit System may, on the prior approval of the Farm Credit Administration and subject to such conditions as it may establish, capitalize annually their provision for losses that is in excess of one-half of 1 percent of loans outstanding and amortize such capitalized amounts over a period not to exceed 20 years.” after “may require.”, and struck out pars. (2) and (3) which read as follows:

section 2278a–6 of this title“(2) In accordance with the regulations of the Farm Credit Administration, for the period ending , System institutions are authorized to use the authorities contained in the third sentence of paragraph (1) except as otherwise provided in .

section 2278b–7 of this title“(3) Any preferred stock issued under shall be subordinated to, and impaired before, other stock or equities of the institution.”

Pub. L. 115–334, § 5404Subsec. (e). , added subsec. (e).

Pub. L. 104–1051996—Subsec. (a). substituted “during each 18-month period” for “each year” in first sentence.

Pub. L. 102–552, § 5121992—Subsec. (a). , substituted “may include, if appropriate” for “shall include” in third sentence.

Pub. L. 102–552, § 513(b)Subsec. (d). , added subsec. (d).

Pub. L. 101–6241990—Subsec. (a). inserted after third sentence “Examination of banks shall include an analysis of the compensation paid to the chief executive officer and the salary scales of the employees of the bank.”

Pub. L. 100–399, § 416(c)1988—Subsec. (a). , substituted “at least once every three years” for “at least once every 5 years”.

Pub. L. 100–233, § 432(b), substituted “Except for Federal land bank associations, each” for “Each”, substituted “the Board” for “the Chairman of the Board” in two places, and inserted after first sentence “Each Federal land bank association shall be examined by Farm Credit Administration examiners at such times as the Farm Credit Administration Board may determine, except that each such association shall be examined at least once every 5 years.”

Pub. L. 100–233, § 205(b)Subsec. (b). , designated existing provisions as par. (1) and added pars. (2) and (3).

Pub. L. 100–399, § 204Subsec. (b)(2). , substituted “the third sentence of paragraph (1)” for “this section”.

Pub. L. 99–5091986—Subsec. (b). substituted second and third sentences for former second sentence which read as follows: “Each such report shall contain financial statements prepared in accordance with generally accepted accounting principles and contain such additional information as the Farm Credit Administration by regulation may require.”

Pub. L. 99–20512 U.S.C. 2112 U.S.C. 22112 U.S.C. 18111985— in amending section generally, revised and restated existing provisions in subsec. (a) and added subsecs. (b) and (c). Prior to amendment, section read as follows: “Except as provided herein, each institution of the System, and each of their agents, at such times as the Governor of the Farm Credit Administration may determine, shall be examined and audited by farm credit examiners under the direction of an independent chief Farm Credit Administration examiner, but each bank and each production credit association shall be examined and audited not less frequently than once each year. Such examinations shall include objective appraisals of the effectiveness of management and application of policies in carrying out the provisions of this chapter and in servicing all eligible borrowers. If the Governor determines it to be necessary or appropriate, the required examinations and audits may be made by independent certified public accountants, certified by a regulatory authority of a State, and in accordance with generally accepted auditing standards. Upon request of the Governor or any bank of the System, farm credit examiners shall also make examinations and written reports of the condition of any organization, other than national banks, to which, or with which, any institution of the System contemplates making a loan or discounting paper of such organization. For the purposes of this chapter, examiners of the Farm Credit Administration shall be subject to the same requirements, responsibilities, and penalties as are applicable to examiners under the National Bank Act [ et seq.], the Federal Reserve Act [ et seq.], the Federal Deposit Insurance Act [ et seq.], and other provisions of law and shall have the same powers and privileges as are vested in such examiners by law.”

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Pub. L. 100–399Pub. L. 100–233section 1001(a) of Pub. L. 100–399section 2002 of this titleAmendment by effective as if enacted immediately after enactment of , which was approved , see , set out as a 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 .

Restraint by Federal Bank Regulatory Agencies in Overseeing Agricultural Borrowers

Pub. L. 99–198, title XIII, § 132699 Stat. 1540

“(a)
Congress finds and declares that—
“(1)
high production costs and low commodity prices have combined to reduce farm income to the lowest levels since the depths of the Depression in the 1930’s, to subject many agricultural producers, through no fault of their own, to severe economic hardship, and in many cases temporarily but seriously to impair producers’ ability to meet loan repayment schedules in a timely fashion; and
“(2)
a policy of adverse classification of agricultural loans by bank examiners under these circumstances will trigger a wave of foreclosures and similar actions on the part of banks, thereby depressing land values and prices for agricultural facilities and equipment and having a devastating effect on farmers and the banking industry, and upon rural areas of the United States in general.
“(b)
It is therefore the sense of Congress that the Federal bank regulatory agencies should ensure, in their examination procedures, that examiners exercise caution and restraint and give due consideration not only to the current cash flow of agricultural borrowers under financial stress, but to factors such as their loan collateral and ultimate ability to repay as well, for so long as the adverse economic effects of the cost-price squeeze of recent years continue to impair the ability of these borrowers to meet scheduled repayments on their loans.”
, , , provided that: