---
kind: "section"
citation: "12 U.S.C. § 3909"
title: "12"
title_heading: "Banks and Banking"
number: "3909"
heading: "General authorities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/3909"
units:
  - "Chapter 40 — International Lending Supervision"
---

# §3909. General authorities

- (a) **Rules and regulations—**
  - (1) The [appropriate Federal banking agencies](/usc/12/3902.md?p=1) are authorized to interpret and define the terms used in this chapter, and each [appropriate Federal banking agency](/usc/12/3902.md?p=1) 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](/usc/12/3902.md?p=1) is authorized to apply the provisions of this chapter to any [affiliate](/usc/12/5481.md?p=1) of an [insured depository institution](/usc/12/1861.md?p=b-4), but only to [affiliates](/usc/12/5481.md?p=1) for which it is the [appropriate Federal banking agency](/usc/12/3902.md?p=1), in order to promote uniform application of this chapter or to prevent evasions thereof.
  - (3) For purposes of this section, the term “[affiliate](/usc/12/5481.md?p=1)” shall have the same meaning as in [section 371c of this title](/usc/12/371c.md), except that the term “member bank” in such section shall be deemed to refer to an “[insured depository institution](/usc/12/1861.md?p=b-4)”, as such term is defined in [section 1813(c)(2) of this title](/usc/12/1813.md?p=c-2).
- (b) **Systems uniformity—** The [appropriate Federal banking agencies](/usc/12/3902.md?p=1) shall establish uniform systems to implement the authorities provided under this chapter.
- (c) **Existing authorities—**
  - (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](/usc/12/3902.md?p=1) under [section 1818 of this title](/usc/12/1818.md) 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](/usc/12/3902.md?p=1) to ensure compliance by a [banking institution](/usc/12/3902.md?p=2) with the provisions of this chapter and all rules, regulations, or orders issued pursuant thereto.
- (d) **Civil penalties; assessment and collection—**
  - (1) Any [banking institution](/usc/12/3902.md?p=2) which violates, or any officer, [director](/usc/12/5481.md?p=10), employee, agent, or other [person](/usc/12/5481.md?p=19) participating in the conduct of the affairs of such [banking institution](/usc/12/3902.md?p=2), 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](/usc/12/1818.md?p=i-2) and the penalty shall be assessed and collected by the [appropriate Federal banking agency](/usc/12/3902.md?p=1) under the procedures established by, and subject to the rights afforded to parties in, such section.

## Source credit

(Pub. L. 98–181, title I [title IX, § 910], Nov. 30, 1983, 97 Stat. 1282; Pub. L. 109–351, title VII, § 713(b), Oct. 13, 2006, 120 Stat. 1995.)

## Notes

### 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)”.