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12 U.S.C. § 242Ineligibility to hold office in member banks; qualifications and terms of office of members; chairman and vice chairman; oath of office

submitted 113 years ago by ch. 6 to r/title-12-BANKS-AND-BANKING · 387 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal Reserve Board members can't work for a member bank while serving and for two years after — unless they finished their full term. Members serve staggered 14-year terms, with one designated Chairman and two Vice Chairmen (one for Supervision) serving 4-year terms, each taking an oath of office.

While serving on the Board, and for two years after leaving, members can't hold any office, position, or job at a member bank — except this restriction doesn't apply to someone who served their full appointed term. When an appointive member's term (from before August 23, 1935) ended, the President set the successor's term at up to 14 years, staggered so that only one member's term expires every two years; after that, each member serves 14 years from when their predecessor's term ended, unless the President removes them for cause sooner. Of these appointed members, the President — with Senate approval — designates one to serve as Chairman for a 4-year term, and two to serve as Vice Chairmen for 4-year terms each: one fills in when the Chairman is absent (as section 244 describes), and one is specifically the Vice Chairman for Supervision. The Vice Chairman for Supervision develops the Board's policy recommendations on supervising and regulating depository institution holding companies and other Board-supervised financial firms, and oversees their supervision and regulation. The Chairman, under the Board's supervision, is its active executive officer. Each member must take and sign the oath of office within fifteen days of being notified of appointment. After a term ends, a member keeps serving until a successor is appointed and qualified. Anyone appointed to the Board after August 23, 1935 can't be reappointed once they've served a full 14-year term.
the actual law source: uscode.house.gov ↗public domain

The members of the Board shall be ineligible during the time they are in office and for two years thereafter to hold any office, position, or employment in any member bank, except that this restriction shall not apply to a member who has served the full term for which he was appointed. Upon the expiration of the term of any appointive member of the Federal Reserve Board in office on August 23, 1935, the President shall fix the term of the successor to such member at not to exceed fourteen years, as designated by the President at the time of nomination, but in such manner as to provide for the expiration of the term of not more than one member in any two-year period, and thereafter each member shall hold office for a term of fourteen years from the expiration of the term of his predecessor, unless sooner removed for cause by the President. Of the persons thus appointed, 1 shall be designated by the President, by and with the advice and consent of the Senate, to serve as Chairman of the Board for a term of 4 years, and 2 shall be designated by the President, by and with the advice and consent of the Senate, to serve as Vice Chairmen of the Board, each for a term of 4 years, 1 of whom shall serve in the absence of the Chairman, as provided in section 244 of this title, and 1 of whom shall be designated Vice Chairman for Supervision. The Vice Chairman for Supervision shall develop policy recommendations for the Board regarding supervision and regulation of depository institution holding companies and other financial firms supervised by the Board, and shall oversee the supervision and regulation of such firms. The Chairman of the Board, subject to its supervision, shall be its active executive officer. Each member of the Board shall within fifteen days after notice of appointment make and subscribe to the oath of office. Upon the expiration of their terms of office, members of the Board shall continue to serve until their successors are appointed and have qualified. Any person appointed as a member of the Board after August 23, 1935, shall not be eligible for reappointment as such member after he shall have served a full term of fourteen years.

Source credit: (Dec. 23, 1913, ch. 6, § 10 (par.), 38 Stat. 260; June 3, 1922, ch. 205, 42 Stat. 620; June 16, 1933, ch. 89, § 6(a), 48 Stat. 166; Aug. 23, 1935, ch. 614, title II, § 203(b), 49 Stat. 704; Pub. L. 95–188, title II, § 204(a), Nov. 16, 1977, 91 Stat. 1388; Pub. L. 111–203, title XI, § 1108(a)(1), July 21, 2010, 124 Stat. 2126.)

history & why it existsrecord from the source credit
  • 1913Enacted · Act of Dec. 23, 1913, ch. 6 · 38 Stat. 260
  • 1922Amended · Act of June 3, 1922, ch. 205 · 42 Stat. 620
  • 1933Amended · Act of June 16, 1933, ch. 89 · 48 Stat. 166
  • 1935Amended · Act of Aug. 23, 1935, ch. 614 · 49 Stat. 704
  • 1977Amended · Pub. L. 95-188 · 91 Stat. 1388
  • 2010Amended · Pub. L. 111-203 · 124 Stat. 2126

A history note hasn’t been published yet. The record shows enactment by ch. 6 on 1913-12-23.

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