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12 U.S.C. § 248aPricing of services

submitted 113 years ago by Pub. L. 96-221 to r/title-12-BANKS-AND-BANKING · 526 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Federal Reserve Board had to publish pricing principles and fees for its bank services. Fees must cover the Fed's real costs and apply equally to member and nonmember banks. If service volume drops, the Board must cut Reserve bank budgets and send savings to the Treasury.

(a) Publication of pricing principles and proposed schedule of fees: By the first day of the sixth month after March 31, 1980, the Board had to publish, for public comment, pricing principles and a proposed fee schedule for Federal Reserve bank services to depository institutions. By the first day of the eighteenth month after that date, the Board had to start using a fee schedule based on those principles. (b) Covered services: The fee schedule must cover: (1) currency and coin services; (2) check clearing and collection; (3) wire transfers; (4) automated clearinghouse services; (5) settlement services; (6) securities safekeeping; (7) Federal Reserve float; and (8) any new services the Fed offers, including electronic payment transfers. (c) Criteria applicable: The fee schedule must follow these principles: (1) every covered service must have an explicit price; (2) every covered service must be available to nonmember banks at the same prices as member banks, though nonmembers can be held to the same other terms — like keeping enough balances for clearing — that apply to members; (3) over time, fees must reflect all direct and indirect costs of providing the service, including interest on items credited before they're actually collected, overhead, and a stand-in for the taxes and profit a private business would have needed to charge — while still considering competition and keeping adequate nationwide service; and (4) interest on items credited before collection is charged at the current Fed funds market rate. (d) Budgetary consequences of decline in volume of services: The Board must cut Reserve banks' operating budgets to match any real or expected drop in service volume. All the money saved this way goes to the U.S. Treasury. (e) Parity in clearing: Any depository institution can accept deposits of transaction-account items from other depository institutions, or from a Federal Reserve bank office, no matter what federal or state law limits the number or location of depository institutions.
the actual law source: uscode.house.gov ↗public domain
(a) Publication of pricing principles and proposed schedule of fees; effective date of schedule of fees

Not later than the first day of the sixth month after March 31, 1980, the Board shall publish for public comment a set of pricing principles in accordance with this section and a proposed schedule of fees based upon those principles for Federal Reserve bank services to depository institutions, and not later than the first day of the eighteenth month after March 31, 1980, the Board shall begin to put into effect a schedule of fees for such services which is based on those principles.

(b) Covered services

The services which shall be covered by the schedule of fees under subsection (a) are—

(1)

currency and coin services;

(2)

check clearing and collection services;

(3)

wire transfer services;

(4)

automated clearinghouse services;

(5)

settlement services;

(6)

securities safekeeping services;

(7)

Federal Reserve float; and

(8)

any new services which the Federal Reserve System offers, including but not limited to payment services to effectuate the electronic transfer of funds.

(c) Criteria applicable

The schedule of fees prescribed pursuant to this section shall be based on the following principles:

(1)

All Federal Reserve bank services covered by the fee schedule shall be priced explicitly.

(2)

All Federal Reserve bank services covered by the fee schedule shall be available to nonmember depository institutions and such services shall be priced at the same fee schedule applicable to member banks, except that nonmembers shall be subject to any other terms, including a requirement of balances sufficient for clearing purposes, that the Board may determine are applicable to member banks.

(3)

Over the long run, fees shall be established on the basis of all direct and indirect costs actually incurred in providing the Federal Reserve services priced, including interest on items credited prior to actual collection, overhead, and an allocation of imputed costs which takes into account the taxes that would have been paid and the return on capital that would have been provided had the services been furnished by a private business firm, except that the pricing principles shall give due regard to competitive factors and the provision of an adequate level of such services nationwide.

(4)

Interest on items credited prior to collection shall be charged at the current rate applicable in the market for Federal funds.

(d) Budgetary consequences of decline in volume of services

The Board shall require reductions in the operating budgets of the Federal Reserve banks commensurate with any actual or projected decline in the volume of services to be provided by such banks. The full amount of any savings so realized shall be paid into the United States Treasury.

(e) Parity in clearing

All depository institutions, as defined in section 461(b)(1) of this title, may receive for deposit and as deposits any evidences of transaction accounts, as defined by section 461(b)(1) of this title from other depository institutions, as defined in section 461(b)(1) of this title or from any office of any Federal Reserve bank without regard to any Federal or State law restricting the number or the physical location or locations of such depository institutions.

Source credit: (Dec. 23, 1913, ch. 6, § 11A, as added Pub. L. 96–221, title I, § 107, Mar. 31, 1980, 94 Stat. 140; amended Pub. L. 100–86, title VI, § 612(a), Aug. 10, 1987, 101 Stat. 652.)

history & why it existsrecord from the source credit
  • 1913Enacted · Pub. L. 96-221 · 94 Stat. 140
  • 1987Amended · Pub. L. 100-86 · 101 Stat. 652

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-221 on 1913-12-23.

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