Title 12Banks and BankingRelease 119-73not60

§3909 General Authorities

Title 12 › Chapter 40— INTERNATIONAL LENDING SUPERVISION › § 3909

Last updated Apr 3, 2026|Official source

Summary

Federal banking agencies may write definitions, rules, and orders needed to carry out this chapter and to stop people from getting around it. They can also apply the chapter’s rules to any affiliate they supervise so the chapter is applied the same way and cannot be avoided. The word “affiliate” means what it means in section 371c of this title, except that where that section says “member bank” it should be read as “insured depository institution” as defined in section 1813(c)(2). The agencies must set up uniform systems to put these authorities into practice. The powers given here add to, and do not reduce, any other authority the agencies already have under section 1818 or other laws, including the power to require extra capital or reserves. Agencies can use these powers to make sure banks follow the chapter and any rules or orders made under it. If a bank, or anyone running or working for it, breaks the chapter or its rules, they can be fined up to $1,000 for each day the violation continues. Those violations are treated as violations of a final order under section 1818(i)(2), and the fines are handled under the procedures and rights in that section.

Full Legal Text

Title 12, §3909

Banks and Banking — Source: USLM XML via OLRC

(a)(1)The appropriate Federal banking agencies are authorized to interpret and define the terms used in this chapter, and each appropriate Federal banking agency shall prescribe rules or regulations or issue orders as necessary to effectuate the purposes of this chapter and to prevent evasions thereof.
(2)The appropriate Federal banking agency is authorized to apply the provisions of this chapter to any affiliate of an insured depository institution, but only to affiliates for which it is the appropriate Federal banking agency, in order to promote uniform application of this chapter or to prevent evasions thereof.
(3)For purposes of this section, the term “affiliate” shall have the same meaning as in section 371c of this title, except that the term “member bank” in such section shall be deemed to refer to an “insured depository institution”, as such term is defined in section 1813(c)(2) of this title.
(b)The appropriate Federal banking agencies shall establish uniform systems to implement the authorities provided under this chapter.
(c)(1)The powers and authorities granted in this chapter shall be supplemental to and shall not be deemed in any manner to derogate from or restrict the authority of each appropriate Federal banking agency under section 1818 of this title or any other law including the authority to require additional capital or reserves.
(2)Any such authority may be used by any appropriate Federal banking agency to ensure compliance by a banking institution with the provisions of this chapter and all rules, regulations, or orders issued pursuant thereto.
(d)(1)Any banking institution which violates, or any officer, director, employee, agent, or other person participating in the conduct of the affairs of such banking institution, who violates any provision of this chapter, or any rule, regulation, or order, issued under this chapter, shall forfeit and pay a civil penalty of not more than $1,000 per day for each day during which such violation continues.
(2)Such violations shall be deemed to be a violation of a final order under section 1818(i)(2) of this title and the penalty shall be assessed and collected by the appropriate Federal banking agency under the procedures established by, and subject to the rights afforded to parties in, such section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (a)(2). Pub. L. 109–351, § 713(b)(1), substituted “insured depository institution” for “insured bank”. Subsec. (a)(3). Pub. L. 109–351, § 713(b)(2), substituted “an ‘insured depository institution’, as such term is defined in section 1813(c)(2)” for “an ‘insured bank’, as such term is used in section 1813(h)”.

Reference

Citations & Metadata

Citation

12 U.S.C. § 3909

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60