Title 12Banks and BankingRelease 119-73

§90 Depositaries of public moneys and financial agents of Government

Title 12 › Chapter CHAPTER 2— - NATIONAL BANKS › Subchapter SUBCHAPTER IV— - REGULATION OF THE BANKING BUSINESS; POWERS AND DUTIES OF NATIONAL BANKS › § 90

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Treasury chooses national banks to hold government money and to act as the Government’s financial agents. Those banks must follow the Secretary’s rules and do reasonable tasks the Government asks. They must give good security, like U.S. bonds, to protect the money and to promise they will pay it when needed. The Secretary must say publicly, on or before the 1st of January of each year, what securities will be required that year. Banks chosen must take national bank notes at face value when paid into the Government for taxes, loans, or stock purchases. The Secretary should try to spread deposits fairly among the different States and regions. A national bank may accept deposits from a State, local government, or their officials and secure those funds the same way state law allows for other banks in that State. A national bank may also accept deposits from a federally recognized Indian tribe and secure them with U.S. bonds or other measures the Secretary requires for public funds. The Secretary may pick financial agent banks by whatever process he thinks is appropriate, even if that departs from many federal procurement rules, and those banks’ duties can include running electronic benefit transfer services (including State-run benefits if the State agrees).

Full Legal Text

Title 12, §90

Banks and Banking — Source: USLM XML via OLRC

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 section 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification In text, “chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949, as amended” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. R.S. § 5153 derived from act June 3, 1864, ch. 106, § 45, 13 Stat. 113, which was the National Bank Act. See section 38 of this title.

Amendments

1996—Pub. L. 104–208 added fourth par. 1979—Pub. L. 96–153 added third par. 1950—Act Aug. 18, 1950, permitted national banks to accept and give security for deposits of funds made by agencies or governmental instrumentalities or States or political subdivisions thereof and by their officers, employees or agents. 1930—Act June 25, 1930, added second par.

Reference

Citations & Metadata

Citation

12 U.S.C. § 90

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73