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4 t /W _ July 12, 1979 To the Addressee: Enclosed is a copy of amendments, effective October 17, 1978 and March 21, 1979» to the "Rules Regarding Delegation of Authority" of the Board of Governors of the Federal Reserve System. The amendments relate to the delegation of Board authority for a wide range of Federal Reserve activities to the Board's staff and to the Reserve Banks. Also enclosed is a copy of an erratum sheet, correcting an error in the Board's Regulation Y pamphlet "Bank Holding Companies and Change in Bank Control," which was issued on April 5, 1978. Circulars Division Federal Reserve Bank of New York Board of Governors of the Federal Reserve System RULES REGARDING DELEGATION OF AUTHORITY AMENDMENTS Effective October 17, 1978, section 265.2(j) is deleted and section 265.2(d) is amended as fol lows: SECTION 265.2—SPECIFIC FUNCTIONS DELEGATED TO BOARD EMPLOYEES AND TO FEDERAL RESERVE BANKS * * * * amount approved may not exceed in any budg etary year one hundred thousand dollars ($100,000) for each Reserve Bank and seven hundred fifty thousand dollars ($750,000) for all Reserve Banks in the System. * Effective March 21, 1979, section 265.2 is amended as follows: (d) The Staff Director for Federal Reserve 1. Section 265.2(b) is amended by adding a Bank Activities or the Staff Director’s designee new paragraph (8) to read as follows: is authorized: SECTION 265.2— SPECIFIC FUNCTIONS * * * * * DELEGATED TO BOARD EMPLOYEES (3) Under the provisions of the third paragraph AND TO FEDERAL RESERVE BANKS of section 16 of the Federal Reserve Act (12 * * * * * U.S.C. 413), to apportion credit among the Re serve Banks for unfit notes that are destroyed, (b) The General Counsel of the Board (or in giving consideration to the net number of notes the General Counsel’s absence, the acting Gen of each denomination that were issued by each eral Counsel) is authorized: Reserve Bank during the preceding calendar year. * * * * * (4) Under the provision of §§ 216.5(b), 216.5(d), and 216.6 of this chapter (Regulation P), with (8) to approve provisions of Federal Reserve respect to Federal Reserve Banks and branches Bank operating circulars related to uniform (i) to require reports on security devices; services. (ii) to require special reports; and 2. Section 265.2(e) is deleted and reserved. (iii) to determine in view of the provisions 3. Section 265.2(d) is amended by revising of §§ 216.3 and 216.4 whether security devices paragraphs (1), (2) and (5) and adding new para and procedures are deficient in meeting the re graphs (6)— to read as follows: (8) quirements of Part 216, to determine whether such requirements should be varied in the circum SECTION 265.2— SPECIFIC FUNCTIONS stances of a particular banking office, and to DELEGATED TO BOARD EMPLOYEES require corrective action. AND TO FEDERAL RESERVE BANKS (5) To approve or disapprove supplementary * * * * * budget requests and special incentive programs to improve operations or reduce costs, provided that (d) The Staff Director for Federal Reserve the Board has previously approved the budget of Bank Activities or the Staff Director’s designee the requesting Reserve Bank and provided that is authorized: the supplemental request adheres to the Board’s (1) To approve general expense guidelines and such guidelines as (i) requests of up to $500,000 for each Re the Board may have imposed in approving the serve Bank for the purchase or iease of computer Reserve Bank’s budget and provided that the mainframes, if the acquisition is consistent with 11']nr For these Rules to be complete, retain: 1) Pamphlet amended effective August 2, 1978. 2) Amendments effective October 19, 1978. January 1. 1979, March 10, 1979, and April 26, 1979. 3) This slip sheet. P R IN T E D IN N EW YORK AT Cir. No. 85991 (Over) the long-range automation plan approved by the full depreciation before 40 years after the date Board of Governors, and of completion of the structure, and (ii) requests of up to $500,000 for each Re (iv) write-down of Government securities serve Bank for purchase or lease of automation below cost, including establishment of a valua or communications equipment not specifically in tion reserve. cluded in the long-range automation plan approved 4. Section 265.2(f) is amended by revising by the Board of Governors, except computer paragraphs (25) and (34) and adding new para mainframes. graphs (39—56) to read as follows (2) To approve proposed remodeling or reno SECTION 265.2— SPECIFIC FUNCTIONS vation of or additions to Reserve Bank or Branch DELEGATED TO BOARD EMPLOYEES buildings if the cost is over $500,000, but not AND TO FEDERAL RESERVE BANKS over $1,000,000, and if the project has been in cluded in the capital or operating budget ap * * * * * proved by the Board of Governors. (f) Each Federal Reserve Bank is authorized: * * * * * * (5) To review Reserve Bank agreements with architects and other consultants for new con struction or renovation projects over $100,000, but not over $1,000,000. * * * * * * (25) To set the salaries of its officers below the level of First Vice President (including the Gen eral Auditor) within guidelines issued by the Board of Governors. * * * (6) Within the contingency allowance for a new building project, to approve individual con struction change orders over $500,000 but not over $1,000,000. * * * * (34) Under the provisions of sections 3 and 11j of the Federal Reserve Act (12 U.S.C. 521 and 248 (j)) to undertake remodeling, renovation of or addition to its existing buildings or those of its branches if the expenditure for any com pleted project is not over $500,000, and if it has been included in the capital or operating budget approved by the Board of Governors. (7) To exercise supervision over the following matters relating to Federal P.eserve notes: (i) printing orders and (ii) contracts for shipment, giving considera tion to: (a) the Jesirabiliiy of maintaining a twoyear reserve supply of $5 and $100 notes and a one-year supply cf $ 1 notes, and (b) awarding contracts to the lowest bid der determined to be qualified. * * * * * (39) Under the provisions of the twenty-first paragraph of section 4 of the Federal Reserve Act (12 U.S.C. 306), to approve the appointment of assistant Federal Reserve agents (including representatives or alternate representatives of such agents). (40) Under the provisions of the sixteenth paragraph of section 4 of the Federal Reserve Act (12 U.S.C. 304), to classify member banks for the purposes of electing Federal Reserve Bank class A and class B directors, giving consideration to: (i) the statutory requirement that each of the three groups shall consist as nearly as may be of banks of similar capitalization, and (ii) the desirability that every member bank have the opportunity to vote for a class A or a class B director at least once every three years. (8) To modify the Reserve Bank Accounting Manual (after considering the views of the Sub committee on Accounting Systems, Budgets and Expenditures of the Committee on Management Systems and Support Services of the Conference of First Vice Presidents) in accordance with gen erally accepted accounting practices for banks, except that the following will not be authorized: (i) reserves for contingencies, (ii) charge-off of land to below estimated market value, (iii) charge-offs of buildings, or special al lowances for depreciation that would result in * 2 (41) To increase its operating budget up to 1 per cent of the annual operating budget. (42) To purchase or lease new automation or communications equipment, except computer mainframes, at a cost of up to $1,000,000, if included in long-range automation plans and capi tal or operating budgets approved by the Board of Governors. (43) To set the salary structure for nonofficial employees within guidelines issued by the Board of Governors, and to approve payment of salary above or below established salary ranges for one year. (44) To approve payment of separation allow ances upon the involuntary termination of em ployment of officers below the level of First Vice President (separation payments made to the General Auditor may be approved by the Chair man of the Board of Directors). (45) In connection with building projects: (i) to enter into agreements with architects and other consultants up to $100,000; (ii) to administer the contingency allowance; (iii) within the contingency allowance for a new building to approve construction change orders up to $500,000; (iv) to approve exceptions to Buy American Policy for construction materials within author ized dollar limits; and (v) to award contracts to other than the lowest bidder within authorized dollar limits. (46) To sell real property (prior consultation with the Director of the Division of Federal Re serve Bank Operations is required for any prop erty appraised at more than $1,000,000). (47) To purchase or lease new fixed or oper ating equipment, other than automation or com munications equipment, costing up to $250,000, if identified in capital or operating budgets ap proved by the Board. (48) To make changes in territories served by offices within its district for specific functions. (49) To extend the employment of officers and employees, except the President and First Vice President, for one year beyond mandatory retire ment age. (50) To grant performance cash awards (i) to Senior Vice Presidents, if approved by the President, and (ii) to the General Auditor, if approved by the Chairman of the Board of Directors. (51 i To extend the time within which a bank holding company may acquire shares, a new bank to be acquired by a bank holding company may be opened for business, or a merger may be consumated in connection with an application approved by the Board, if no material change that is relevant to the proposal has occurred since its approval. (52) To extend the time within which a bank holding company must file its annual report. (53) To extend the time within which (i) a State member bank may establish a domestic branch, (ii) a member bank may establish a foreign branch, or (iii) an “Edge Act” or “Agreement” corporation may establish a branch or agency, if no material change has occurred in the bank’s (or corporation’s) general condition since the application was approved. (54) To extend the time within which an “Edge Act” or “Agreement” corporation or a member bank may accomplish a purchase of stock that has been authorized by the Board pursuant to section 25 or 25(a) of the Federal Reserve Act, if no material change has occurred in the general condition of the corporation or the member bank since such authorization. (55) To extend the time within which Federal Reserve membership must be accomplished, if no material change has occurred in the bank’s general condition since the application was approved. (56) To waive the penalty for deficient reserves by a member bank if, after a review of all the circumstances relating to such deficiency, the Reserve Bank concludes that waiver of the penalty is warranted, except that in no case shall a penalty for deficient reserves be waived if the deficiency arises out of the bank's gross negligence or conduct inconsistent with the principles and purposes of reserve requirements. 3 X r BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM BANK HOLDING COMPANIES AND CHANGE IN BANK CONTROL c ERRATUM: REGULATION Y Correction to pamphlet amended effective April 5, 1978 The Regulation Y pamphlet amended effective April 5, 1978, contains an error in the text of § 225.4(a)(2). This passage should read correctly as set forth below: SECTION 225.4 - NONBANKING ACTIVITIES (a) Activities closely related to banking or managing or controlling banks. * * * (2) operating as an industrial bank, Morris Plan bank, or industrial loan company, in the manner authorized by State law so long as the institution does not both accept demand deposits and make commercial loans; * * * c c [Ene. Cir. No. AT 8599]