Title 12, Banks and BankingRelease 119-102

§90 Depositaries of Public Moneys and Financial Agents of Government

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

Last updated Aug 21, 2026|Official source

Summary

The Treasury Secretary must pick some national banks to hold public money and can use them as the government’s financial agents. Those banks must follow the Secretary’s rules, do the reasonable tasks asked of them, and provide good security (for example, United States bonds and other kinds of protection) so the money is safe and can be paid out promptly. By January 1 each year the Secretary must say what kinds of security will be required that year. Banks chosen must accept national bank notes at face value when paid to the government for taxes, loans, or stock purchases. The Secretary should try to spread deposits fairly among the States and regions. State and local governments may put funds in national banks and the banks may give the same kind of security those banks would give for other state bank deposits. Federally recognized Indian tribes may deposit funds and banks may secure them with U.S. bonds or other methods the Secretary requires. The Secretary can pick banks as financial agents using any process the Secretary thinks right, even if some federal procurement rules don’t apply, except for sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711 of the cited laws. Financial agent duties can include running electronic benefit transfer services, including some 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 12, Banks and Banking

Last Updated

Aug 21, 2026

Release point: 119-102