---
kind: "section"
citation: "12 U.S.C. § 4009"
title: "12"
title_heading: "Banks and Banking"
number: "4009"
heading: "Administrative enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/4009"
units:
  - "Chapter 41 — Expedited Funds Availability"
---

# §4009. Administrative enforcement

- (a) **Administrative enforcement—** Compliance with the requirements imposed under this chapter, including regulations prescribed by and orders issued by the [Board](/usc/12/4001.md?p=2) of Governors of the Federal Reserve System under this chapter, shall be enforced under—
  - (1) section 8 of the Federal Deposit Insurance Act [[12 U.S.C. 1818](/usc/12/1818.md)] in the case of—
    - (A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency;
    - (B) member banks of the Federal Reserve System (other than national banks), and offices, branches, and agencies of foreign banks located in the [United States](/usc/12/4001.md?p=23) (other than Federal branches, Federal agencies, and insured [State](/usc/12/4001.md?p=21) branches of foreign banks), by the [Board](/usc/12/4001.md?p=2) of Governors of the Federal Reserve System; and
    - (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured [State](/usc/12/4001.md?p=21) branches of foreign banks, by the [Board](/usc/12/4001.md?p=2) of [Directors](/usc/12/5481.md?p=10) of the Federal Deposit Insurance Corporation;
  - (2) section 8 of the Federal Deposit Insurance Act [[12 U.S.C. 1818](/usc/12/1818.md)], by the [Director](/usc/12/5481.md?p=10) of the Office of Thrift Supervision in the case of [savings associations](/usc/12/1861.md?p=b-5) the deposits of which are insured by the Federal Deposit Insurance Corporation; and
  - (3) the Federal [Credit](/usc/12/5481.md?p=7) Union Act [[12 U.S.C. 1751](/usc/12/1751.md) et seq.], by the National [Credit](/usc/12/5481.md?p=7) Union Administration [Board](/usc/12/4001.md?p=2) with respect to any Federal [credit](/usc/12/5481.md?p=7) union or [insured credit union](/usc/12/5481.md?p=17).

  The terms used in [paragraph (1)](#a-1) that are not defined in this chapter or otherwise defined in section 3(s) of the Federal Deposit Insurance Act ([12 U.S.C. 1813(s)](/usc/12/1813.md?p=s)) shall have the meaning given to them in section 1(b) of the International Banking Act of 1978 ([12 U.S.C. 3101](/usc/12/3101.md)).

- (b) **Additional powers—**
  - (1) **Violation of this chapter treated as violation of other Acts—** For purposes of the exercise by any agency referred to in [subsection (a)](#a) of this section of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this chapter shall be deemed to be a violation of a requirement imposed under that Act.
  - (2) **Enforcement authority under other Acts—** In addition to its powers under any provision of law specifically referred to in [subsection (a)](#a) of this section, each of the agencies referred to in such subsection may exercise, for purposes of enforcing compliance with any requirement imposed under this chapter, any other authority conferred on it by law.
- (c) **Enforcement by Board—**
  - (1) **In general—** Except to the extent that enforcement of the requirements imposed under this chapter is specifically committed to some other Government agency under [subsection (a)](#a) of this section, the [Board](/usc/12/4001.md?p=2) of Governors of the Federal Reserve System shall enforce such requirements.
  - (2) **Additional remedy—** If the [Board](/usc/12/4001.md?p=2) determines that—
    - (A) any [depository institution](/usc/12/4001.md?p=12) which is not a [depository institution](/usc/12/4001.md?p=12) described in [subsection (a)](#a), or
    - (B) any other [person](/usc/12/5481.md?p=19) subject to the authority of the [Board](/usc/12/4001.md?p=2) under this chapter, including any [person](/usc/12/5481.md?p=19) subject to the authority of the [Board](/usc/12/4001.md?p=2) under section [4004(d)(2)](/usc/12/4004.md?p=d-2) or [4008(c)](/usc/12/4008.md?p=c) of this title,

    has failed to comply with any requirement imposed by this chapter or by the [Board](/usc/12/4001.md?p=2) under this chapter, the [Board](/usc/12/4001.md?p=2) may issue an order prohibiting any [depository institution](/usc/12/4001.md?p=12), any Federal Reserve bank, or any other [person](/usc/12/5481.md?p=19) subject to the authority of the [Board](/usc/12/4001.md?p=2) from engaging in any activity or transaction which directly or indirectly involves such noncomplying [depository institution](/usc/12/4001.md?p=12) or [person](/usc/12/5481.md?p=19) (including any activity or transaction involving the receipt, payment, collection, and clearing of [checks](/usc/12/4001.md?p=7) and any related function of the payment system with respect to [checks](/usc/12/4001.md?p=7)).

- (d) **Procedural rules—** The authority of the [Board](/usc/12/4001.md?p=2) to prescribe regulations under this chapter does not impair the authority of any other agency designated in this section to make rules regarding its own procedures in enforcing compliance with requirements imposed under this chapter.

## Source credit

(Pub. L. 100–86, title VI, § 610, Aug. 10, 1987, 101 Stat. 649; Pub. L. 101–73, title VII, § 744(d), Aug. 9, 1989, 103 Stat. 438; Pub. L. 102–242, title II, § 212(h), Dec. 19, 1991, 105 Stat. 2303.)

## Notes

### Editorial Notes

### References in Text

The Federal Credit Union Act, referred to in subsec. (a)(3), is act June 26, 1934, ch. 750, 48 Stat. 1216, which is classified generally to chapter 14 (§ 1751 et seq.) of this title. For complete classification of this Act to the Code, see section 1751 of this title and Tables.

### Amendments

1991—Subsec. (a). Pub. L. 102–242, § 212(h)(2), inserted at end “The terms used in paragraph (1) that are not defined in this chapter or otherwise defined in section 3(s) of the Federal Deposit Insurance Act (12 U.S.C. 1813(s)) shall have the meaning given to them in section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).”

Subsec. (a)(1). Pub. L. 102–242, § 212(h)(1), added par. (1) and struck out former par. (1) which read as follows: “section 8 of the Federal Deposit Insurance Act in the case of—

“(A) national banks, by the Comptroller of the Currency;

“(B) member banks of the Federal Reserve System (other than national banks), by the Board of Governors of the Federal Reserve System; and

“(C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), by the Board of Directors of the Federal Deposit Insurance Corporation;”.

1989—Subsec. (a)(2). Pub. L. 101–73 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “section 5(d) of the Home Owners’ Loan Act of 1933, section 407 of the National Housing Act, and section 17 of the Federal Home Loan Bank Act, by the Federal Home Loan Bank Board (acting directly or through the Federal Savings and Loan Insurance Corporation), in the case of any institution subject to any of those provisions; and”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Sept. 1, 1988, see section 613(b) of Pub. L. 100–86, set out as a note under section 4001 of this title.