Title 12Banks and BankingRelease 119-73

§4008 Regulations and reports by Board

Title 12 › Chapter CHAPTER 41— - EXPEDITED FUNDS AVAILABILITY › § 4008

Last updated Apr 6, 2026|Official source

Summary

The Federal Reserve Board, working with the Director of the Consumer Financial Protection Bureau, must write rules after public notice and a chance to comment. The rules must carry out the law, stop people from avoiding it, and help banks follow it. The Board should consider rules to modernize how checks are handled. That includes charging banks based on notice a check will be presented, allowing truncation and electronic processing, speeding and automating returns, standardizing endorsements so machines can read them and removing needless endorsements, having the originating bank decide within one business day on checks over a minimum amount the Board sets and tell the receiving bank if it will not pay, making returned checks routable through the Federal Reserve, supporting an electronic clearinghouse if feasible, and letting originating banks return unpaid checks directly and get reimbursed. The Board can regulate any part of the check payment system and must consult the Comptroller of the Currency, the FDIC board, and the NCUA board when making these rules. The Board must report to both Houses of Congress at 18, 30, and 48 months after August 10, 1987, about what it has done and the law’s impact on consumers and banks. It must also report within 2 years after August 10, 1987 on the temporary schedule’s effects and on likely effects of the full schedule, including estimates of risks and losses to banks and benefits to consumers, and any recommendations. The Comptroller General must report to Congress within 6 months after September 1, 1988 about how the law was carried out. The Board must study an electronic clearinghouse, consult telecom experts, look at practical and legal obstacles, and send its conclusions to Congress within 9 months of August 10, 1987.

Full Legal Text

Title 12, §4008

Banks and Banking — Source: USLM XML via OLRC

(a)After notice and opportunity to submit comment in accordance with section 553(c) of title 5, the Board, jointly with the Director of the Bureau of Consumer Financial Protection, shall prescribe regulations—
(1)to carry out the provisions of this chapter;
(2)to prevent the circumvention or evasion of such provisions; and
(3)to facilitate compliance with such provisions.
(b)In order to improve the check processing system, the Board shall consider (among other proposals) requiring, by regulation, that—
(1)depository institutions be charged based upon notification that a check or similar instrument will be presented for payment;
(2)the Federal Reserve banks and depository institutions provide for check truncation;
(3)depository institutions be provided incentives to return items promptly to the depository institution of first deposit;
(4)the Federal Reserve banks and depository institutions take such actions as are necessary to automate the process of returning unpaid checks;
(5)each depository institution and Federal Reserve bank—
(A)place its endorsement, and other notations specified in regulations of the Board, on checks in the positions specified in such regulations; and
(B)take such actions as are necessary to—
(i)automate the process of reading endorsements; and
(ii)eliminate unnecessary endorsements;
(6)within one business day after an originating depository institution is presented a check (for more than such minimum amount as the Board may prescribe)—
(A)such originating depository institution determines whether it will pay such check; and
(B)if such originating depository institution determines that it will not pay such check, such originating depository institution directly notify the receiving depository institution of such determination;
(7)regardless of where a check is cleared initially, all returned checks be eligible to be returned through the Federal Reserve System;
(8)Federal Reserve banks and depository institutions participate in the development and implementation of an electronic clearinghouse process to the extent the Board determines, pursuant to the study under subsection (f), that such a process is feasible; and
(9)originating depository institutions be permitted to return unpaid checks directly to, and obtain reimbursement for such checks directly from, the receiving depository institution.
(c)(1)In order to carry out the provisions of this chapter, the Board of Governors of the Federal Reserve System shall have the responsibility to regulate—
(A)any aspect of the payment system, including the receipt, payment, collection, or clearing of checks; and
(B)any related function of the payment system with respect to checks.
(2)The Board shall prescribe such regulations as it may determine to be appropriate to carry out its responsibility under paragraph (1).
(d)(1)(A)The Board shall transmit a report to both Houses of the Congress not later than 18, 30, and 48 months after August 10, 1987.
(B)Each such report shall describe—
(i)the actions taken and progress made by the Board to implement the schedules established in section 4002 of this title, and
(ii)the impact of this chapter on consumers and depository institutions.
(2)(A)The Board shall transmit a report to both Houses of the Congress not later than 2 years after August 10, 1987, regarding the effects the temporary schedule established under section 4002(c) of this title have had on depository institutions and the public.
(B)Such report shall also assess the potential impact the implementation of the schedule established in section 4002(b) of this title will have on depository institutions and the public, including an estimate of the risks to and losses of depository institutions and the benefits to consumers. Such report shall also contain such recommendations for legislative or administrative action as the Board may determine to be necessary.
(3)Not later than 6 months after September 1, 1988, the Comptroller General of the United States shall transmit a report to the Congress evaluating the implementation and administration of this chapter.
(e)In prescribing regulations under subsections (a) and (b), the Board and the Director of the Bureau of Consumer Financial Protection, in the case of subsection (a), and the Board, in the case of subsection (b), shall consult with the Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, and the National Credit Union Administration Board.
(f)(1)The Board shall study the feasibility of modernizing and accelerating the check payment system through the development of an electronic clearinghouse process utilizing existing telecommunications technology to avoid the necessity of actual presentment of the paper instrument to a payor institution before such institution is charged for the item.
(2)In connection with the study required under paragraph (1), the Board shall—
(A)consult with appropriate experts in telecommunications technology; and
(B)consider all practical and legal impediments to the development of an electronic clearinghouse process.
(3)The Board shall report its conclusions to the Congress within 9 months of August 10, 1987.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (d)(3), “September 1, 1988” substituted for “section 603(b) takes effect” on authority of section 613(b) of Pub. L. 100–86, set out as an

Effective Date

note under section 4001 of this title.

Amendments

2010—Subsec. (a). Pub. L. 111–203, § 1086(d)(1), inserted “, jointly with the Director of the Bureau of Consumer Financial Protection,” after “Board” in introductory provisions. Subsec. (e). Pub. L. 111–203, § 1086(d)(2), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “In prescribing

Regulations

under subsections (a) and (b) of this section, the Board shall consult with the Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board, and the National Credit Union Administration Board.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. Exceptions in Areas Where Major Disaster Exists Pub. L. 105–18, title V, § 50002,
June 12, 1997, 111 Stat. 211, provided that: “(a) Truth in Lending Act.—During the 240-day period beginning on the date of enactment of this Act [
June 12, 1997], the Board of Governors of the Federal Reserve System may make exceptions to the Truth in Lending Act [15 U.S.C. 1601 et seq.] for transactions within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5170], has determined, on or after
February 28, 1997, that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1997 flooding of the Red River of the North, the Minnesota River, and the tributaries of such rivers, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. “(b) Expedited Funds Availability Act.—During the 240-day period beginning on the date of enactment of this Act [
June 12, 1997], the Board of Governors of the Federal Reserve System may make exceptions to the Expedited Funds Availability Act [12 U.S.C. 4001 et seq.] for depository institution offices located within any area referred to in subsection (a) of this section if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. “(c) Time Limit on Exceptions.—Any exception made under this section shall expire not later than
September 1, 1998. “(d) Publication Required.—The Board of Governors of the Federal Reserve System shall publish in the Federal Register a statement that—“(1) describes any exception made under this section; and “(2) explains how the exception can reasonably be expected to produce benefits to the public that outweigh possible adverse effects.” Similar provisions were contained in the following prior acts: Pub. L. 103–76, § 2, Aug. 12, 1993, 107 Stat. 752. Pub. L. 102–485, § 3, Oct. 23, 1992, 106 Stat. 2772.

Reference

Citations & Metadata

Citation

12 U.S.C. § 4008

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73