Examination of accounts and affairs of banks; publication of weekly statements; reports of liabilities and assets of depository institutions; covered institutions
Permitting or requiring rediscounting of paper at specified rate
To permit, or, on the affirmative vote of at least five members of the Board of Governors, to require Federal reserve banks to rediscount the discounted paper of other Federal reserve banks at rates of interest to be fixed by the Board.
Suspending reserve requirements
To suspend for a period not exceeding thirty days, and from time to time to renew such suspension for periods not exceeding fifteen days, any reserve requirements specified in this chapter.
Supervising and regulating issue and retirement of notes
To supervise and regulate through the Secretary of the Treasury the issue and retirement of Federal Reserve notes, except for the cancellation and destruction, and accounting with respect to such cancellation and destruction, of notes unfit for circulation, and to prescribe rules and regulations under which such notes may be delivered by the Secretary of the Treasury to the Federal Reserve agents applying therefor.
Adding to or reclassifying reserve cities
To add to the number of cities classified as reserve cities under existing law in which national banking associations are subject to the reserve requirements set forth in section 20 of this Act, or to reclassify existing reserve cities or to terminate their designation as such.
Suspending or removing officers or directors of reserve banks
To suspend or remove any officer or director of any Federal reserve bank, the cause of such removal to be forthwith communicated in writing by the Board of Governors of the Federal Reserve System to the removed officer or director and to said bank.
Requiring writing off of doubtful or worthless assets of banks
To require the writing off of doubtful or worthless assets upon the books and balance sheets of Federal reserve banks.
Suspending operations of or liquidating or reorganizing banks
To suspend, for the violation of any of the provisions of this chapter, the operations of any Federal reserve bank, to take possession thereof, administer the same during the period of suspension, and, when deemed advisable, to liquidate or reorganize such bank.
Requiring bonds of agents; safeguarding property in hands of agents
To require bonds of Federal reserve agents, to make regulations for the safeguarding of all collateral, bonds, Federal reserve notes, money, or property of any kind deposited in the hands of such agents, and said board shall perform the duties, functions, or services specified in this chapter, and make all rules and regulations necessary to enable said board effectively to perform the same.
Exercising supervision over reserve banks
To exercise general supervision over said Federal reserve banks.
Delegation of certain functions; power to delegate; review of delegated activities
To delegate, by published order or rule and subject to subchapter II of chapter 5, and chapter 7, of title 5, any of its functions, other than those relating to rulemaking or pertaining principally to monetary and credit policies, to one or more administrative law judges, members or employees of the Board, or Federal Reserve banks. The assignment of responsibility for the performance of any function that the Board determines to delegate shall be a function of the Chairman. The Board shall, upon the vote of one member, review action taken at a delegated level within such time and in such manner as the Board shall by rule prescribe. The Board of Governors may not delegate to a Federal reserve bank its functions for the establishment of policies for the supervision and regulation of depository institution holding companies and other financial firms supervised by the Board of Governors.
Employing attorneys, experts, assistants, and clerks; salaries and fees
ProvidedTo employ such attorneys, experts, assistants, clerks, or other employees as may be deemed necessary to conduct the business of the board. All salaries and fees shall be fixed in advance by said board and shall be paid in the same manner as the salaries of the members of said board. All such attorneys, experts, assistants, clerks, and other employees shall be appointed without regard to the provisions of the Act of January sixteenth, eighteen hundred and eighty-three (volume twenty-two, United States Statutes at Large, page four hundred and three), and amendments thereto, or any rule or regulation made in pursuance thereof: , That nothing herein shall prevent the President from placing said employees in the classified service.
[Repealed]
Board’s authority to examine depository institutions and affiliates
To examine, at the Board’s discretion, any depository institution, and any affiliate of such depository institution, in connection with any advance to, any discount of any instrument for, or any request for any such advance or discount by, such depository institution under this chapter.
Authority to appoint conservator or receiver
section 1821(c)(9) of this titleThe Board may appoint the Federal Deposit Insurance Corporation as conservator or receiver for a State member bank under .
Authority
1
Uniform protection authority for Federal reserve facilities
Voting; documentation of determinations
22 So in original. Two subsecs. (s) have been enacted. Federal Reserve transparency and release of information
In general
Mandatory release date
Earlier release date authorized
The Chairman of the Board may publicly release the information described in paragraph (1) before the relevant date specified in paragraph (2), if the Chairman determines that such disclosure would be in the public interest and would not harm the effectiveness of the relevant credit facility or the purpose or conduct of covered transactions.
Definitions
Credit facility
section 714(f)(1)(A) of title 31The term “credit facility” has the same meaning as in .
Covered transaction
Termination of credit facility by operation of law
A credit facility shall be deemed to have terminated as of the end of the 24-month period beginning on the date on which the credit facility ceases to make extensions of credit and loans, unless the credit facility is otherwise terminated by the Board before such date.
Consistent treatment of information
section 343(3)(D) of this titlesection 714(f)(3)(C) of title 31section 552(b)(3) of title 5Except as provided in this subsection or , or in , the information described in paragraph (1) and information concerning the transactions described in section 714(f) of such title, shall be confidential, including for purposes of , until the relevant mandatory release date described in paragraph (2), unless the Chairman of the Board determines that earlier disclosure of such information would be in the public interest and would not harm the effectiveness of the relevant credit facility or the purpose of conduct of the relevant transactions.
Protection of personal privacy
section 343(3)(C) of this titlesection 714(f)(3)(C) of title 31section 6802 of title 15This subsection and , , and subsection (a) or (c) of section 1109 of the Dodd-Frank Wall Street Reform and Consumer Protection Act shall not be construed as requiring any disclosure of nonpublic personal information (as defined for purposes of ) concerning any individual who is referenced in collateral pledged or assets transferred in connection with a credit facility or covered transaction, unless the person is a borrower, participant, or counterparty under the credit facility or covered transaction.
Study of FOIA exemption impact
Study
Report
Not later than 30 months after , the Inspector General of the Board of Governors of the Federal Reserve System shall submit a report on the findings of the study required under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, and publish the report on the website of the Board.
Rule of construction
section 552 of title 5Nothing in this section is meant to affect any pending litigation or lawsuit filed under (popularly known as the Freedom of Information Act) on or before .
2 Assessments, fees, and other charges for certain companies
In general
The Board shall collect a total amount of assessments, fees, or other charges from the companies described in paragraph (2) that is equal to the total expenses the Board estimates are necessary or appropriate to carry out the supervisory and regulatory responsibilities of the Board with respect to such companies.
Companies
Tailoring assessments
In collecting assessments, fees, or other charges under paragraph (1) from each company described in paragraph (2) with total consolidated assets of between $100,000,000,000 and $250,000,000,000, the Board shall adjust the amount charged to reflect any changes in supervisory and regulatory responsibilities resulting from the Economic Growth, Regulatory Relief, and Consumer Protection Act with respect to each such company.
Dec. 23, 1913, ch. 6, § 1138 Stat. 261Sept. 7, 1916, ch. 46139 Stat. 752Sept. 26, 1918, ch. 177, § 240 Stat. 968Mar. 3, 1919, ch. 101, § 340 Stat. 1315Feb. 27, 1921, ch. 7541 Stat. 1146June 26, 1930, ch. 61246 Stat. 814Mar. 9, 1933, ch. 148 Stat. 2June 16, 1933, ch. 89, § 748 Stat. 167Aug. 23, 1935, ch. 61449 Stat. 704June 12, 1945, ch. 186, § 1(c)59 Stat. 237Pub. L. 86–114, § 3(b)(6)73 Stat. 264Pub. L. 86–251, § 3(c)73 Stat. 488Pub. L. 87–722, § 376 Stat. 670Pub. L. 89–427, § 280 Stat. 161Pub. L. 89–76580 Stat. 1314Pub. L. 90–269, § 182 Stat. 50Pub. L. 95–251, § 2(a)(3)92 Stat. 183Pub. L. 96–221, title I, § 10294 Stat. 132Pub. L. 97–258, § 5(b)96 Stat. 1068Pub. L. 97–457, § 17(b)96 Stat. 2509Pub. L. 101–73, title VII, § 744(i)(1)103 Stat. 439Pub. L. 102–242, title I105 Stat. 2273Pub. L. 102–550, title XVI, § 1603(d)(9)106 Stat. 4080Pub. L. 103–325, title III108 Stat. 2227Pub. L. 106–102, title VII, § 735113 Stat. 1479Pub. L. 107–56, title III, § 364115 Stat. 333Pub. L. 107–297, title III, § 301116 Stat. 2340Pub. L. 111–203, title III124 Stat. 1527Pub. L. 115–174, title IV, § 401(c)(2)132 Stat. 1358(, ; , ; , ; , ; , ; , ; , title I, § 3, ; , ; , title II, § 203(a), title III, §§ 321(a), 342, , 713, 722; , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 133(f), 142(c), , , 2281; , , ; , §§ 322(d), 331(d), title VI, § 602(g)(2), , , 2232, 2293; , , ; , , ; , , ; , §§ 318(c), 366(1), title XI, §§ 1103(b), 1108(c), , , 1556, 2118, 2126; , , .)
Editorial Notes
References in Text
section 461 of this titleSections 461, 463, 464, 465, and 466 of this title, referred to in subsec. (a)(2), was in the original “section 19 of the Federal Reserve Act”. Provisions of section 19 relating to reserve requirements are classified to the cited sections. For complete classification of section 19 to the Code, see References in Text note set out under .
act Dec. 23, 1913, ch. 638 Stat. 251section 226 of this titleThis chapter, referred to in subsecs. (c), (h), (i), (n), and (r)(1) and in par. (1) of the first subsec. (s) (relating to Federal Reserve transparency and release of information), was in the original “this Act”, meaning , , known as the Federal Reserve Act. For complete classification of this Act to the Code, see References in Text note set out under and Tables.
Reference in subsec. (e) to “section 20 of this Act” means section 20 of the Federal Reserve Act which is not classified to the Code. Since section 20 does not set forth any reserve requirements, section 19 of the Federal Reserve Act might have been intended. For provisions of section 19 relating to reserve requirements, see note above.
lact Jan. 16, 1883, ch. 2722 Stat. 403section 8165 of Title 40Pub. L. 107–217116 Stat. 1062Pub. L. 89–554, § 8(a)80 Stat. 632The Act of January sixteenth, eighteen hundred and eighty-three, referred to in subsec. (), is , , which enacted section 42 of former Title 40, Public Buildings, Property, and Works, and sections 632, 633, 635, 637, 638, and 640 to 642a of former Title 5, Executive Departments and Government Officers and Employees. For complete classification of this Act to the Code, see Tables. Section 42 of former Title 40 was repealed and reenacted as , Public Buildings, Property, and Works, by , §§ 1, 6(b), , , 1304. The sections that were classified to former Title 5 were repealed by , , , the first section of which enacted Title 5, Government Organization and Employees. For distribution of former sections of Title 5 into the revised Title 5, see table at the beginning of Title 5.
act Dec. 23, 1913, ch. 638 Stat. 251section 226 of this titleThis title, referred to in subsec. (p), probably should read “this Act”, meaning , , known as the Federal Reserve Act, which does not contain titles. For complete classification of this Act to the Code, see References in Text note set out under and Tables.
section 1109 of Pub. L. 111–203124 Stat. 2127Subsection (a) or (c) of section 1109 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in par. (7) of the first subsec. (s) (relating to Federal Reserve transparency and release of information), is subsec. (a) or (c) of , title XI, , 2128, which is not classified to the Code.
Pub. L. 111–203, referred to in par. (8)(B) of the first subsec. (s) (relating to Federal Reserve transparency and release of information), was in the original “the date of enactment of this section”, which was translated as meaning the date of enactment of which added such subsec. (s), to reflect the probable intent of Congress.
Pub. L. 115–174132 Stat. 1296section 1601 of Title 15The Economic Growth, Regulatory Relief, and Consumer Protection Act, referred to in par. (3) of the second subsec. (s) (relating to assessments, fees, and other charges for certain companies), is , , . For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under , Commerce and Trade, and Tables.
Codification
section 7(b) of Pub. L. 89–55480 Stat. 631In subsec. (k), “subchapter II of chapter 5, and chapter 7, of title 5” was substituted for “the Administrative Procedure Act” on authority of , , , the first section of which enacted Title 5, Government Organization and Employees.
osection 248–1 of this titleSection is comprised of section 11 of act . The fourteenth par. of section 16 of act , which formerly constituted subsec. () of this section, is now classified to .
Amendments
Pub. L. 115–174, § 401(c)(2)(A)2018—Subsec. (s)(2). , substituted “$100,000,000,000” for “$50,000,000,000” in subpars. (A) and (B).
Pub. L. 115–174, § 401(c)(2)(B)Subsec. (s)(3). , added par. (3).
Pub. L. 111–203, § 366(1)(A)section 1813 of this title2010—Subsec. (a)(2). , which directed insertion of “State savings associations that are insured depository institutions (as defined in ),” after “case of insured”, was executed by making the insertion after “case of insured” in subpar. (B)(i), to reflect the probable intent of Congress.
Pub. L. 111–203, § 366(1)(B)Subsec. (a)(2)(B)(iii). , (C), substituted “Comptroller of the Currency” for “Director of the Office of Thrift Supervision” and inserted “Federal” before “savings association which”.
Pub. L. 111–203, § 366(1)(D)Subsec. (a)(2)(B)(iv). , substituted “savings association” for “savings and loan association”.
Pub. L. 111–203, § 1108(c)Subsec. (k). , inserted at end “The Board of Governors may not delegate to a Federal reserve bank its functions for the establishment of policies for the supervision and regulation of depository institution holding companies and other financial firms supervised by the Board of Governors.”
Pub. L. 111–203, § 1103(b)Subsec. (s). , added subsec. (s) relating to Federal Reserve transparency and release of information.
Pub. L. 111–203, § 318(c), added subsec. (s) relating to assessments, fees, and other charges for certain companies.
Pub. L. 107–2972002—Subsec. (r). added subsec. (r).
Pub. L. 107–562001—Subsec. (q). added subsec. (q).
Pub. L. 106–1021999—Subsec. (m). substituted “[Repealed]” for text of subsec. (m) which related to percentage of capital and surplus represented by loans to be determined by the Federal Reserve Board.
Pub. L. 103–325, § 602(g)(2)1994—Subsec. (d). , substituted “Secretary of the Treasury” for “bureau under the charge of the Comptroller of the Currency” before “the issue and retirement” and for “Comptroller” before “to the Federal Reserve agents”.
Pub. L. 103–325, § 322(d)Subsec. (m). , which directed substitution of “15 percent” for “10 percentum” wherever appearing, was executed by substituting “15 percent” for “10 per centum” in two places to reflect the probable intent of Congress.
Pub. L. 103–325, § 331(d)Subsec. (p). , added subsec. (p).
oPub. L. 102–550o1992—Subsecs. (), (p). redesignated subsec. (p) as ().
Pub. L. 102–242, § 142(c)1991—Subsec. (n). , which directed addition of subsec. (n) at end of section, was executed by adding subsec. (n) after subsec. (m). See Construction of 1991 Amendment note below.
Pub. L. 102–242, § 133(f)Subsec. (p). , added subsec. (p).
Pub. L. 101–73section 1813 of this title1989—Subsec. (a)(2)(iii). substituted “the Director of the Office of Thrift Supervision in the case of any savings association which is an insured depository institution (as defined in )” for “Federal Home Loan Bank Board in the case of any institution insured by the Federal Savings and Loan Insurance Corporation”.
Pub. L. 97–457section 84(c)(4) of this titlesection 84 of this title1983—Subsec. (m). substituted “under ” for “under paragraph (8) of ” after “in the case of national banks”.
Pub. L. 97–2581982—Subsec. (n). struck out subsec. (n) which provided that, whenever in the judgment of the Secretary of the Treasury such action was necessary to protect the currency system of the United States, the Secretary of the Treasury, in his discretion, could require any or all individuals, partnerships, associations, and corporations to pay and deliver to the Treasurer of the United States any or all gold coin, gold bullion, and gold certificates owned by such individuals, partnerships, associations, and corporations and that, upon receipt of such gold coin, gold bullion or gold certificates, the Secretary of the Treasury would pay therefor an equivalent amount of any other form of coin or currency coined or issued under the laws of the United States.
Pub. L. 96–2211980—Subsec. (a). designated existing provisions as par. (1) and added par. (2).
Pub. L. 95–2511978—Subsec. (k). substituted “administrative law judges” for “hearing examiners”.
Pub. L. 90–2691968—Subsec. (c). struck out requirements for establishment by the Board of Governors of the Federal Reserve System of a graduated tax on the deficiency in the gold reserve whenever the reserve held against Federal Reserve notes fell below 25 percent and for an automatic increase in the rates of interest or discount fixed by the Board in an amount equal to the graduated tax imposed.
Pub. L. 89–4271966—Subsec. (d). excepted the cancellation and destruction, and the accounting with respect to the cancellation and destruction, of notes unfit for circulation from the area of responsibility exercised by the Board of Governors of the Federal Reserve System through the Bureau of the Comptroller of the Currency over the issue and retirement of Federal Reserve notes.
Pub. L. 89–765Pub. L. 87–722, § 376 Stat. 670Subsec. (k). added subsec. (k). A former subsec. (k) was repealed by , , .
Pub. L. 87–722section 92a of this title1962—Subsec. (k). repealed subsec. (k) which related to the authority of the Board of Governors of the Federal Reserve System to permit national banks to act as trustees, etc., and is now covered by .
Pub. L. 86–1141959—Subsec. (e). substituted “reserve cities” for “reserve and central reserve cities” in two places.
Pub. L. 86–251Subsec. (m). struck out “in the form of notes” after “represented by obligations” in proviso.
1945—Subsec. (c). Act , substituted “25 per centum” for “40 per centum”, and “20 per centum” for “32½ per centum” wherever appearing.
1935—Subsec. (k). Act , § 342, amended last sentence of third par.
Subsec. (m). Act , § 321(a), inserted proviso at end of first sentence.
1933—Subsec. (m). Act , amended provisions generally.
Subsec. (n). Act , added subsec. (n).
1930—Subsec. (k). Act , added last par.
Statutory Notes and Related Subsidiaries
Change of Name
Section 203(a) of act , changed name of Federal Reserve Board to Board of Governors of the Federal Reserve System.
Effective Date of 2018 Amendment
Pub. L. 115–174section 401(d) of Pub. L. 115–174section 5365 of this titleExcept as otherwise provided, amendment by effective 18 months after , see , set out as a note under .
Effective Date of 2010 Amendment
section 318(c) of Pub. L. 111–203section 318(e) of Pub. L. 111–203section 16 of this titleAmendment by effective on the transfer date, see , set out as an Effective Date note under .
section 366(1) of Pub. L. 111–203section 351 of Pub. L. 111–203section 906 of Title 2Amendment by effective on the transfer date, see , set out as a note under , The Congress.
Pub. L. 111–203section 4 of Pub. L. 111–203section 5301 of this titleAmendment by sections 1103(b) and 1108(c) of effective 1 day after , except as otherwise provided, see , set out as an Effective Date note under .
Effective Date of 1992 Amendment
Pub. L. 102–550Pub. L. 102–242Pub. L. 102–242Pub. L. 102–550Pub. L. 102–242section 1609 of Pub. L. 102–550section 191 of this titleAmendment by effective as if included in the Federal Deposit Insurance Corporation Improvement Act of 1991, , as of , except that where amendment is to any provision of law added or amended by effective after , then amendment by effective on effective date of amendment by , see , set out as a note under .
Effective Date of 1991 Amendment
section 133(f) of Pub. L. 102–242section 133(g) of Pub. L. 102–242section 191 of this titleAmendment by effective 1 year after , see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–221, title I, § 10894 Stat. 141
Effective Date of 1959 Amendment
Pub. L. 86–114section 3(b) of Pub. L. 86–114section 141 of this titleAmendment by effective three years after , see , set out as a Central Reserve and Reserve Cities note under former .
Construction of 2018 Amendment
Pub. L. 115–174section 401(g) of Pub. L. 115–174section 5365 of this titleFor construction of amendment by as applied to certain foreign banking organizations, see , set out as a note under .
Construction of 1991 Amendment
Pub. L. 102–550, title XVI, § 1603(e)(2)106 Stat. 4081
Executive Documents
Executive Order No. 6359
Ex. Ord. No. 6359, , as amended by Ex. Ord. No. 11825, , 40 F.R. 1003, which provided for receipt on consignment of gold by the United States mints and assay offices, was revoked by Ex. Ord. No. 12553, , 51 F.R. 7237.
Ex. Ord. No. 10547. Inspection of Statistical Transcript Cards
Ex. Ord. No. 10547, , 19 F.R. 4661, required statistical transcript cards submitted with, or prepared by the Internal Revenue Service from, corporation income tax returns for the taxable years ending after , and before , to be open to inspection by the Board of Governors of the Federal Reserve System as an aid in executing the powers conferred upon such Board by this section, such inspection to be in accordance and upon compliance with the rules and regulations prescribed by the Secretary of the Treasury in T.D. 6081, 19 F.R. 4666.