Full text of Federal Reserve Reform Act of 1977

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9 1 STAT. 1387

PUBLIC LAW 95-188—NOV. 16, 1977

Public Law 95-188
95th Congress
An Act
To extend the authority for the flexible regulation of interest rates on deposits
and accounts in depository institutions, to promote the accountability of the
Federal Reserve System, and for other purposes.
Be it enacted hy the Senate and House of Representatives
United States of America in Congress assembled^

Nov. 16, 1977
[H.R. 9710]

of the

Depository
institutions.
Interest rate
TITLE I—REGULATION OF INTEREST RATES
controls,
SEC. 101. Section 7 of the Act of September 21, 1966 (Public L a w extension.
89-597), is amended by striking out "December 15,1977" and inserting 12 u s e 461 note.
in lieu thereof "December 15,1978".
Federal Reserve
Reform Act of
1977.
SEC. 201. This title may be cited as the "Federal Reserve Reform 12 u s e 226
note.
Act of 1977".
T I T L E II—AMENDMENTS TO T H E
RESERVE ACT

FEDERAL

CONGRESSIONAL-FEDERAL RESERVE DIALOG OX MONETARY POLICY

SEC. 202. Insert a new section 2A immediately after section 2 of the
Federal Reserve Act to read as follows:
u GENERAL P O L I C Y : CONGRESSIONAL

REVIEW

" S E C . 2 A . T h e Board of Governors of the Federal Reserve System
and the Federal Open Market Committee shall maintain long run
growth of the monetary and credit aggregates commensurate with
the economy's long r u n potential to increase production, so as to promote effectively the goals of maximum employment, stable prices, and
moderate long-term interest rates. The B o a r d of Governors shall consult with Congress at semiannual hearings before the Committee on
Banking, Housing, and U r b a n Affairs of the Senate and the Committee on Banking, Finance and U r b a n Affairs of the House of Representatives about the Board of Governors' and the Federal Open
Market Committee's objectives and plans with respect to the ranges
of growth or diminution of monetary and credit aggregates for the
upcoming twelve months, taking account of past and prospective developments in production, employment, and prices. Nothing in this Act
shall be interpreted to require t h a t such ranges of growth or diminution be achieved if the Board of Governors and the Federal Open
Market Committee determine t h a t they cannot or should not be
achieved because of changing conditions.".

12 u s e 225a.

Semiannual
hearings before
congressional
committees.

BOARD OF DIRECTORS OF FEDERAL RESERVE BANKS

SEC. 202. T h e following p a r a g r a p h s of section 4 of the Federal
12 u s e 301
Reserve Act are amended:
(a) the tenth p a r a g r a p h by inserting after the comma the fol- and note.
lowing : "without discrimination on the basis of race, creed, color, 12 u s e 302.
sex, or national origin,".

91 STAT. 1388
12 use 302.

12 use 302.

PUBLIC LAW 95-188—NOV. 16, 1977
(b) the eleventh paragraph by striking all after "members,"
and substituting "who shall represent the public and shall be
elected without discrimination on the basis of race, creed, color,
sex, or national origin, and with due but not exclusive consideration to the interests of agriculture, commerce, industry, services,
labor, and consumers.".
(c) the twelfth paragraph by inserting immediately after the
first sentence thereof the following sentence: "They shall be
elected to represent the public, without discrimination on the
basis of race, creed, color, sex, or national origin, and with due
but not exclusive consideration to the interests of agriculture,
commerce, industry, services, labor, and consumers.".

SENATE CONFIRMATION OF CHAIRMAN AND VICE CHAIRMAN OF BOARD OF
GOVERNORS

Effective date.
12 u s e 242 note.

SEC. 204. (a) The third sentence of the second paragraph of section
10 of the Federal Reserve Act (12 U.S.C. 242) is amended to read as
follows: "Of the persons thus appointed, one shall be designated by
the President, by and with the advice and consent of the Senate, to
serve as Chairman of the Board for a tenn of four years, and one shall
be designated by the President, by and with the consent of the Senate,
to serve as Vice Chairman of the Board for a term of four years.".
(b) The amendment made by subsection (a) takes effect on January 1, 1979, and applies to individuals who are designated by the
President on or after such date to serve as Chairman or Vice Chairman of the Board of Governors of the Federal Reserve System.
CONFLICTS OF INTEREST

SEC. 205. (a) Subsection 208(a) of title 18, United States Code,
is amended by adding "a Federal Reserve bank director, officer, or
employee," immediately before "or of the District of Columbia".
(b) Subsection 208(b) of title 18, United States Code, is amended
by adding the following new sentence at the end thereof: "In the case
of class A and B directors of Federal Reserve banks, the Board of
Governors of the Federal Reserve System shall be the Government
official responsible for appointment.".
REFERENCES TO FEDERAL RESERVE ACT PARAGRAPHS

12 use 226.

SEC. 206. References in this title to paragraphs of the Federal
Reserve Act refer to the paragraphs as designated in the compilation
of the Federal Reserve Act as amended through 1974, compiled under
the direction of the Board of Governors of the Federal Reserve System
in its legal division.
T I T L E III—AMENDMENTS TO T H E BANK HOLDING
COMPANY ACT OF 1956

Acquired shares,
disposition, time
extension.

SEC. 301. (a) Section 3(a) of the Bank Holding Company Act of
1956 (12 U.S.C. 1842(a)) is amended by inserting after the second
sentence the following new sentence: "The Board is authorized upon
application by a bank to extend, from time to time for not more than

PUBLIC LAW 95-188—NOV. 16, 1977
one year at a time, the two-year period referred to above for disposing of any shares acquired by a bank in the regular course of securing
or collecting a debt previously contracted in good faith, if, in the
Board's judgment, such an extension would not be detrimental to the
public interest, but no such extension shall in the aggregate exceed
three years.".
(b) Section 2(a) (5) (D) of such Act (12 U.S.C. 1841(a) (5) (D))
is amended by adding at the end thereof the following new sentence:
"The Board is authorized upon application by a company to extend,
from time to time for not more than one year at a time, the two-year
period referred to herein for disposing of any shares acquired by a
company in the regular course of securing or collecting a debt previously contracted in good faith, if, in the Board's judgment, such an
extension would not be detrimental to the public interest, but no such
extension shall in the aggregate exceed three years.".
(c) Section 4(c)(2) of the Bank Holding Company Act of 1956,
as amended (12 U.S.C. 1843(c)(2)), is amended by striking out
"shares acquired by a bank in satisfaction of a debt previously contracted in good faith, but such bank shall dispose of such shares within
a period of two years" and inserting in lieu thereof the following:
"'shares acquired by a bank holding company or any of its subsidiaries
in satisfaction of a debt previously contracted in good faith, but such
shares shall be disposed of within a period of two years".
SEC. 302. Section 3(b) of the Bank Holding Company Act of 1956
(12 U.S.C. 1842) is amended to read as follows:
"(b) Upon receiving from a company any application for approval
under this section, the Board shall give notice to the Comptroller of
the Currency, if the applicant company or any bank the voting shares
or assets of which are sought to be required is a national banking association or a District bank, or to the appropriate supervisory authority
of the interested State, if the applicant company or any bank the voting shares or assets of which are sought to be acquired is a State bank,
in order to provide for the submission of the views and recommendations of the Comptroller of the Currency or the State supervisory
authority, as the case may be. The views and recommendations shall be
submitted within thirty calendar days of the date on which notice is
given, or within ten calendar days of such date if the Board advises
the Comptroller of the Currency or the State supervisory authority
that an emergency exists requiring expeditious action. If the thirtyday notice period applies and if the Comptroller of the Currency or
the State supervisory authority so notified by the Board disapproves
the application in writing within this period, the Board shall forthwith
give written notice of that fact to the applicant. Within three days
after giving such notice to the applicant, the Board shall notify in
writing the applicant and the disapproving authority of the date for
commencement of a hearing by it on such application. Any such hearing shall be commenced not less than ten nor more than thirty days
after the Board has given written notice to the applicant of the action
of the disapproving authority. The length of any such hearing shall
be determined by the Board, but it shall afford all interested parties a
reasonable opportunity to testify at such hearing. At the conclusion
thereof, the Board shall, by order, grant or deny the application on

91 STAT. 1389

Bank shares or
assets,
applications for
acquisition.
Notice to
Comptroller of
the Currency or
State supervisory
authority.
Views and
recommendations.

Disapproval.

Hearings.

91 STAT. 1390
Applications,
nonaction
deemed approval.

Acquisitions,
-mergers, <ind
consolidations.
Notification to
Attorney
General.
12 u s e 1842.

Antitrust actions.

Judicial
standards.

PUBLIC LAW 95-188—NOV. 16, 1977
the basis of the record made at such hearing. In the event of the f aihire
of the Board to act on any application for approval under this section
within the ninety-one-day period which begins on the date of submission to the Board of the complete record on t h a t application, the application shall be deemed to have been granted. Notwithstanding any
other provision of this subsection, if the Board finds t h a t it nmst act
immediately on any application for approval under this section in
order to j^revent the probable failure of a bank or bank holding company involved in a proposed acquisition, merger, or consolidation transaction, the Board may dispense with the notice requirements of this
subsection, and if notice is given, the Board may request t h a t the views
and recommendations of the Comptroller of the Currency or the State
supervisory authoj'ity, as the case may be. be submitted immediately
in any form or by any means acceptable to the Board. If the Board has
found pui'snant to this subsection either" t h a t an emergency exists
requiiing expeditious action or that it nmst act immediately to prevent
probable failni-e. the l^oard may g r a n t or deny any such application
without a hearing notwithstanding any recommended disapproval by
the appropriate supervisory authoi'ity.".
SEC. 303. Section 11 (b) "of the I k n k Holding Company Act of 1966
(12 U.S.C. 1849) is amended to read as follows:
" ( b ) Tlie Board shall immediately notify the Attorney General of
any approval by it pursuant to section 3 of a proposed acquisition,
merger, or consolidation transaction. If the Board has found t h a t it
must act immediately in order to prevent the probable failure of a bank
or bank holding company involved in any such transaction, the transaction may be consummated immediately upon approval by the Board.
If the Board has advised tlie Comptroller of the (^urrency or the State
supervisory authority, as the case may be, of the existence of an emergency requiring expeditious action and has required the submission of
views and recommendations within ten days, the transaction may not
be consumnuited before the fiftli calendar day after the date of approval
by the Board. I n all other cases, the transaction may not be consummated before the thirtieth calendar day after the date of approval by
the Board. Any action brought under the antitrust laws arising out of
an acquisition, merger, or consolidation transaction approved under
section 3 shall be commenced prior to the earliest time under this
subsection at which the transaction approval under section 3 might be
consummated. The commencement of such an action shall stay the
effectiveness of the Board's approval unless the court shall otherwise
specifically order. In any such action, the court shall review de novo the
issues presented. In any judicial proceeding attacking any acquisition,
merger, or consolidation transaction approved pursuant to section 3 on
the ground that such transaction alone and of itself constituted a
violation of any antitrust laws other t h a n section 2 of the Act of eluly 2,
1890 (section 2 of the Sherman A n t i t r u s t Act, 15 U.S.C. 2 ) , the standards applied by the court shall be identical with those t h a t the Board is
directed to apply under section 3 of this Act. Upon the consummation
of an acquisition, merger, or consolidation transaction approved under
section 3 in compliance with this Act and after the termination of any
antitrust litigation commenced within the period prescribed in this
section, or upon the termination of such period if no such litigation is

PUBLIC LAW 95-188—NOV. 16, 1977
commenced therein, the transaction may not thereafter be attacked in
any judicial proceeding on the ground that it alone and of itself constituted a violation of any antitrust laws other than section 2 of the Act
of July 2, 1890 (section 2 of the Sherman Antitrust Act, 15 U.S.C. 2),
but nothing in this Act shall exempt any bank holding company
involved in such a transaction from complying with the antitrust laws
after the consummation of such transaction,".
Approved November 16, 1977,

LEGISLATIVE HISTORY:
HOUSE REPORT No. 95-774 (Comm. on Banking, Finance and Urban Affairs).
CONGRESSIONAL RECORD, VoL 123 (1977):
Oct. 31, considered and passed House.
Nov. 1, considered and passed Senate, amended.
Nov. 2, House concurred in Senate amendment.

29-194

0 - 8 0

91 STAT. 1391