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12 U.S.C. § 90Depositaries of public moneys and financial agents of Government

submitted 125 years ago by Pub. L. 96-153 to r/title-12-BANKS-AND-BANKING · 457 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Treasury Secretary can designate national banks to hold public money and act as the government's financial agents. These banks must post security, like U.S. bonds, to guarantee they'll safely keep and pay back public deposits. States, tribes, and other governments can also deposit funds with these banks under similar security rules.

The Secretary of the Treasury may designate national banking associations to be depositaries of public money, under rules the Secretary sets, and may also employ them as the government's financial agents; these banks must perform any reasonable duties the Secretary asks of them in those roles. The Secretary must require each designated bank to give satisfactory security — such as depositing U.S. bonds — to guarantee it will safely keep and promptly pay back the public money it holds, and faithfully perform its duties as a financial agent. By January 1 of each year, the Secretary must publicly state what security is required that year for these deposits. Every bank designated as a receiver or depositary of public money must accept, at face value, all national currency bills from any bank, when those bills are paid to the government for internal revenue, loans, or stock. The Secretary must spread these deposits out as fairly as practical among the different states and regions. Any national bank may accept deposits from a state or local government, or from any government agency of one or more states or their subdivisions — including an official acting for one of them — and give security for safely keeping and promptly paying back those funds, to the same extent and in the same way state law allows for other banks in that state. A national bank may also accept deposits from any federally recognized Indian tribe, or an official acting for the tribe, and give security for those funds by depositing U.S. bonds or other means the Treasury Secretary prescribes for public funds, following the same rule as in the first paragraph of this section. Despite certain other federal procurement laws (chapters 1 to 11 of title 40, and most of division C of subtitle I of title 41), the Secretary may select banks as financial agents through whatever process the Secretary finds appropriate, and their duties may include providing electronic benefit transfer services, including state-administered benefits with the states' consent, as the Secretary defines them.
the actual law source: uscode.house.gov ↗public domain

All national banking associations, designated for that purpose by the Secretary of the Treasury, shall be depositaries of public money, under such regulations as may be prescribed by the Secretary; and they may also be employed as financial agents of the Government; and they shall perform all such reasonable duties, as depositaries of public money and financial agents of the Government, as may be required of them. The Secretary of the Treasury shall require the associations thus designated to give satisfactory security, by the deposit of United States bonds and otherwise, for the safe-keeping and prompt payment of the public money deposited with them, and for the faithful performance of their duties as financial agents of the Government: Provided, That the Secretary shall, on or before the 1st of January of each year, make a public statement of the securities required during that year for such deposits. And every association so designated as receiver or depositary of the public money shall take and receive at par all of the national currency bills, by whatever association issued, which have been paid into the Government for internal revenue, or for loans or stocks: Provided, That the Secretary of the Treasury shall distribute the deposits herein provided for, as far as practicable, equitably between the different States and sections.

Any national banking association may, upon the deposit with it of any funds by any State or political subdivision thereof or any agency or other governmental instrumentality of one or more States or political subdivisions thereof, including any officer, employee, or agent thereof in his official capacity, give security for the safekeeping and prompt payment of the funds so deposited to the same extent and of the same kind as is authorized by the law of the State in which such association is located in the case of other banking institutions in the State.

Any national banking association may, upon the deposit with it of any funds by any federally recognized Indian tribe, or any officer, employee, or agent thereof in his or her official capacity, give security for the safekeeping and prompt payment of the funds so deposited by the deposit of United States bonds and otherwise as may be prescribed by the Secretary of the Treasury for public funds under the first paragraph of this section.

Notwithstanding chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, the Secretary may select associations as financial agents in accordance with any process the Secretary deems appropriate and their reasonable duties may include the provision of electronic benefit transfer services (including State-administered benefits with the consent of the States), as defined by the Secretary.

Source credit: (R.S. § 5153; Mar. 3, 1901, ch. 871, 31 Stat. 1448; Mar. 4, 1907, ch. 2913, § 3, 34 Stat. 1290; Dec. 23, 1913, ch. 6, § 27, 38 Stat. 274; Aug. 4, 1914, ch. 225, 38 Stat. 682; June 25, 1930, ch. 604, 46 Stat. 809; Aug. 18, 1950, ch. 754, 64 Stat. 463; Pub. L. 96–153, title III, § 323(f), Dec. 21, 1979, 93 Stat. 1120; Pub. L. 104–208, div. A, title I, § 101(f) [§ 2(1)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–386.)

history & why it existsrecord from the source credit
  • 1901Enacted · Act of Mar. 3, 1901, ch. 871 · 31 Stat. 1448
  • 1907Amended · Act of Mar. 4, 1907, ch. 2913 · 34 Stat. 1290
  • 1913Amended · Act of Dec. 23, 1913, ch. 6 · 38 Stat. 274
  • 1914Amended · Act of Aug. 4, 1914, ch. 225 · 38 Stat. 682
  • 1930Amended · Act of June 25, 1930, ch. 604 · 46 Stat. 809
  • 1950Amended · Act of Aug. 18, 1950, ch. 754 · 64 Stat. 463
  • 1979Amended · Pub. L. 96-153 · 93 Stat. 1120
  • 1996Amended · Pub. L. 104-208 · 110 Stat. 3009

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-153 on 1901-03-03.

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