The Federal Reserve plays an important role in the
By creating the Federal Reserve System, Congress intended to eliminate the
severe financial crises that had periodically swept the nation, especially the
sort of financial panic that occurred in 1907. During that episode, payments
were disrupted throughout the country because many banks and clearinghouses
refused to clear checks drawn on certain other banks, a practice that
contributed to the failure of otherwise solvent banks. To address these
problems, Congress gave the Federal Reserve System the authority to establish a
nationwide check clearing system. The System was to provide not only an
elastic currency that is, a currency that would expand or shrink in amount as
economic conditions warranted but also an efficient and equitable
check collection system
Congress was also concerned about some banks’ paying less than the full amount
of checks deposited by their customers because some paying banks charged fees to
presenting banks to pay checks. To avoid paying presentment fees, many
collecting banks routed checks through banks that were not charged presentment
fees by paying banks. This practice, called circuitous routing, resulted in
extensive delays and inefficiencies in the check-collection system. In 1917,
Congress amended the Federal Reserve Act to prohibit banks from charging the
Reserve Banks presentment fees and to authorize nonmember banks as well as
member banks to collect checks through the Federal Reserve System.
In passing the Monetary Control Act of 1980, Congress reaffirmed its intention
that the Federal Reserve should promote an efficient nationwide payments system.
The act subjects all depository institutions, not just member commercial banks,
to reserve requirements and grants them equal access to Reserve Bank payment
services. It also encourages competition between the Reserve Banks and
private sector providers of payment services by requiring the Reserve Banks to
charge fees for certain payments services listed in the act and to recover the
costs of providing these services over the long run.
More recent congressional action has focused increasingly on improving the
efficiency of the payments system by encouraging increased use of technology. In
1987, Congress enacted the Expedited Funds Availability Act (EFAA), which gave
the Board, for the first time, the authority to regulate the payments system in
general, not just those payments made through the Reserve Banks. The Board used
its authority under the EFAA to revamp the check-return system, improve the
presentment rights of private-sector banks, and establish rules governing the
time that banks can hold funds from checks deposited into customer accounts
before making the funds available for withdrawal. In 2003, Congress enacted the
Check Clearing for the 21st Century Act, which further enhanced the
efficiency of the payments system by reducing legal and practical impediments to
check truncation and the electronic collection of checks, services that speed up
check collection and reduce associated costs.