Any Federal Reserve bank, under rules and regulations prescribed by the Board of Governors of the Federal Reserve System, may make advances to any member bank on its time or demand notes having maturities of not more than four months and which are secured to the satisfaction of such Federal Reserve bank.
Notwithstanding the foregoing, any Federal Reserve bank, under rules and regulations prescribed by the Board of Governors of the Federal Reserve System, may make advances to any member bank on its time notes having such maturities as the Board may prescribe and which are secured by mortgage loans covering a one-to-four family residence. Such advances shall bear interest at a rate equal to the lowest discount rate in effect at such Federal Reserve bank on the date of such note.
Except as provided in paragraph (2), no advances to any undercapitalized depository institution by any Federal Reserve bank under this section may be outstanding for more than 60 days in any 120-day period.
If-
the limitation contained in paragraph (1) shall not apply during the 60-day period beginning on the date such certification is received.
The 60-day period may be extended for additional 60-day periods upon receipt by the Federal Reserve bank of additional written certifications under subparagraph (A) with respect to each such additional period.
The authority of the head of any agency to issue a written certification of viability under this paragraph may not be delegated to any other person.
Notwithstanding paragraph (1), an undercapitalized depository institution which does not have a certificate of viability in effect under this paragraph may have advances outstanding for more than 60 days in any 120-day period if the Board elects to treat-
Notwithstanding any other provision of this section, if-
the Board shall, subject to the limitations in subparagraph (B), be liable to the Federal Deposit Insurance Corporation for the excess loss, without regard to the terms of the advance or any collateral pledged to secure the advance.
The liability of the Board under subparagraph (A) shall not exceed the lesser of the following:
The Board shall pay the Federal Deposit Insurance Corporation the amount of any liability of the Board under subparagraph (A).
The Board shall report to the Congress on any excess loss liability it incurs under subparagraph (A), as limited by subparagraph (B)(i), and the reasons therefore, not later than 6 months after incurring the liability.
A Federal Reserve bank shall have no obligation to make, increase, renew, or extend any advance or discount under this chapter to any depository institution.
The term "appropriate Federal banking agency" has the same meaning as in section 1813 of this title.
The term "critically undercapitalized" has the same meaning as in section 1831o of this title.
The term "depository institution" has the same meaning as in section 1813 of this title.
The term "undercapitalized depository institution" means any depository institution which-
A depository institution is "viable" if the Board or the appropriate Federal banking agency determines, giving due regard to the economic conditions and circumstances in the market in which the institution operates, that the institution-
12 U.S.C. § 347b
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsec. (b)(4), was in the original "this Act", meaning act Dec. 23, 1913, ch. 6, 38 Stat. 251, known as the Federal Reserve Act. For complete classification of this Act to the Code, see References in Text note set out under section 226 of this title and Tables.
AMENDMENTS2006-Subsec. (b)(3)(A)(ii). Pub. L. 109-173 substituted "the Deposit Insurance Fund of" for "any deposit insurance fund in". Pub. L. 109-171 repealed Pub. L. 104-208, §2704(d)(9). See 1996 Amendment note below. 1996-Subsec. (b)(3)(A)(ii). Pub. L. 104-208, §2704(d)(9), which directed the amendment of cl. (ii) by substituting "the Deposit Insurance Fund of" for "any deposit insurance fund in", was repealed by Pub. L. 109-171. See Effective Date of 1996 Amendment note below and 2006 Amendment note above.1991- Pub. L. 102-242, §142(b), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).1980- Pub. L. 96-221 struck out second sentence of first par. relating to interest on notes under this section.1974- Pub. L. 93-449 inserted provisions relating to advances on time notes secured by mortgage loans covering one-to-four family residences.1935-Act Aug. 23, 1935, struck out provision prescribing termination date of section. 1933-Act Mar. 9, 1933, struck out proviso which extended applicability to member banks regardless of their capital, and empowered President to extend termination date one year beyond March 3, 1934. Act Feb. 3, 1933, extended termination date from "March 3, 1933" to "March 3, 1934".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-173 effective Mar. 31, 2006, see section 9(j) of Pub. L. 109-173 set out as a note under section 24 of this title. Amendment by Pub. L. 109-171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109-171 set out as a Merger of BIF and SAIF note under section 1821 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104-208 formerly set out as a note under section 1821 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102-242, title I, §142(d), Dec. 19, 1991, 105 Stat. 2281, provided that: "The amendment made by subsection (b) [amending this section] shall take effect at the end of the 2-year period beginning on the date of enactment of this Act [Dec. 19, 1991]."
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-221 effective on first day of sixth month which begins after Mar. 31, 1980, see section 108 of Pub. L. 96-221 set out as a note under section 248 of this title.
EXECUTIVE DOCUMENTS
EXPIRATIONProclamation No. 2076, Feb. 16, 1934, 48 Stat. 1734, extended section to Mar. 3, 1935. See 1935 amendment note above.
- person
- The term "person" means an individual, partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or other entity.