FEDERAL RESERVE ACT

SECTION 11A—Pricing of Services

(a)   Not later than the first day of the sixth month after the date of enactment of the Monetary Control Act of 1980, the Board shall publish for public comment a set of pricing principles in accordance with this section and a proposed schedule of fees based upon those principles for Federal Reserve bank services to depository institutions, and not later than the first day of the eighteenth month after the date of enactment of the Monetary Control Act of 1980, the Board shall begin to put into effect a schedule of fees for such services which is based on those principles.

(b)   The services which shall be covered by the schedule of fees under subsection (a) are—

(1)   currency and coin services;

(2)   check clearing and collection services;

(3)   wire transfer services;

(4)   automated clearinghouse services;

(5)   settlement services;

(6)   securities safekeeping services;

(7)   Federal Reserve float; and

(8)   any new services which the Federal Reserve System offers, including but not limited to payment services to effectuate the electronic transfer of funds.

(c)   The schedule of fees prescribed pursuant to this section shall be based on the following principles:

(1)   All Federal Reserve bank services covered by the fee schedule shall be priced explicitly.

(2)   All Federal Reserve bank services covered by the fee schedule shall be available to nonmember depository institutions and such services shall be priced at the same fee schedule applicable to member banks, except that nonmembers shall be subject to any other terms, including a requirement of balances sufficient for clearing purposes, that the Board may determine are applicable to member banks.

(3)   Over the long run, fees shall be established on the basis of all direct and indirect costs actually incurred in providing the Federal Reserve services priced, including interest on items credited prior to actual collection, overhead, and an allocation of imputed costs which takes into account the taxes that would have been paid and the return on capital that would have been provided had the services been furnished by a private business firm, except that the pricing principles shall give due regard to competitive factors and the provision of an adequate level of such services nationwide.

(4)   Interest on items credited prior to collection shall be charged at the current rate applicable in the market for Federal funds.

(d)   The Board shall require reductions in the operating budgets of the Federal Reserve banks commensurate with any actual or projected decline in the volume of services to be provided by such banks. The full amount of any savings so realized shall be paid into the United States Treasury.

(e)   All depository institutions, as defined in section 19(b)(1) (12 U.S.C. 461(b)(1)), may receive for deposit and as deposits any evidences of transaction accounts, as defined by section 19(b)(1) (12 U.S.C. 461(b)(1)) from other depository institutions, as defined in section 19(b)(1) (12 U.S.C. 461(b)(1)) or from any office of any Federal Reserve bank without regard to any Federal or State law restricting the number or the physical location or locations of such depository institutions.

[12 USC 248a. As added by acts of March 31, 1980 (94 Stat. 140) and Aug. 10, 1987 (101 Stat. 652).]