Federal Reserve Discount Window Operations
Federal Reserve Discount Window Operations
This document serves to illuminate the often-overlooked role of the Federal Reserve’s Discount
Window operations—a mechanism by which depository institutions obtain liquidity from the central
bank under confidential terms. While touted as a stabilizing force during times of financial stress,
this facility operates with minimal transparency, hidden from public scrutiny, yet plays a pivotal
role in influencing credit allocation, monetary flow, and the hidden monetization of debt
instruments.
The aim here is not merely academic. We seek to expose how these operations—shielded under
layers of administrative regulation and exempt from meaningful public oversight—may intersect
with commercial bonding schemes, trust relationships, and the securitization of public obligations.
These mechanisms, used improperly or without consent, may represent a profound breach of
fiduciary duty and public trust.
This document is both an inquiry and a demand: an inquiry into the mechanics, statutes, and
implications of Discount Window lending—and a demand for full disclosure, lawful accounting, and
accountability from the institutions that operate ostensibly on behalf of the People.
The authority for the Federal Reserve to engage in lending activities through the Discount Window
originates exclusively from the Federal Reserve Act of 1913, enacted at 38 Stat. 251, and subsequent
Acts of Congress that amend or expand its provisions.
The Discount Window is a facility by which Federal Reserve Banks extend secured credit to
depository institutions.
This authority is grounded in Section 13 of the Federal Reserve Act (38 Stat. 263),
authorizing advances to member banks on the security of eligible collateral.
Notable Citation: 38 Stat. 263, §13 (Federal Reserve Act, Dec. 23, 1913) — permits Federal Reserve
Banks to "discount notes, drafts, and bills of exchange arising out of actual commercial
transactions…"
Per Federal Reserve Operating Circular No. 10 (effective July 16, 2013):
Advances under the Discount Window must be secured by collateral acceptable to the
Reserve Bank.
A depository institution grants the Federal Reserve a continuing security interest in pledged
collateral, and agrees to maintain eligibility, market value, and substitution standards for
The institution also waives immunity and consents to jurisdiction for enforcement purposes
(see §11.0–§13.0 of OC-10).
The Treasury Collateral Management and Monitoring (TCMM) framework, administered by the
Bureau of the Fiscal Service, oversees the acceptance of collateral in lieu of surety bonds under 31
CFR Part 225, based on statutory authority from:
Permits a depository institution to retain physical custody of pledged loans while granting
the Federal Reserve a perfected security interest.
Requires execution of legally binding control agreements and certifications.
Authorizes only eligible loan types, explicitly disallowing certain ineligible categories to
ensure risk compliance.
Loans pledged under BIC must remain under institution control but are subject to periodic
review, inspection, and eligibility revalidation.
Collateral perfection is achieved through documentation under the Uniform Commercial
Code (UCC), governed by the terms set forth in OC-10 and the applicable statutory
provisions within the Federal Reserve Act.
All functions of the Discount Window and collateral arrangements are traceable to Act of Dec. 23,
1913 (38 Stat. 251), as amended by:
These Acts, and no administrative code substitutes, are the only lawful origin of such operations.
The legal authorization for pledging collateral in lieu of surety bonds stems from the following
enacted federal statutes:
"An Act to revise, codify, and enact without substantive change certain general and permanent laws,
related to money and finance, as title 31, United States Code, 'Money and Finance'"
This Act was the direct Congressional enactment that created 31 U.S.C. §§ 9301–9309,
including §9303, which authorizes entities to pledge securities instead of corporate surety
bonds when required by federal law or regulation.
Statutes at Large Citation: 96 Stat. 877 et seq. (Title 31 recodification)
§9303(a) explicitly authorizes the use of eligible Government obligations as security when a law of
the United States requires a surety bond, and permits the Secretary of the Treasury to prescribe
related terms.
B. Administrative Implementation
31 CFR Part 225 — regulations governing Acceptance of Collateral in Lieu of Surety Bonds,
based directly on the Public Law 97–258 statutory authority, not merely administrative fiat.
These rules are applied operationally by the Bureau of the Fiscal Service, as confirmed in the
“Collateral Guide for Collateral in Lieu of Surety Bonds”, which reflects and enforces the
statutory instructions of Pub. L. 97–258.
As authorized agents, Federal Reserve Banks act under delegated fiduciary authority to
receive and safeguard pledged collateral on behalf of the United States Government, under
terms prescribed by Pub. L. 97–258 and executed under Treasury authorization.
This law is the official enactment by Congress that authorized the revision and codification of
general and permanent laws relating to money and finance as Title 31, United States Code.
“Instead of a surety bond, a person required to provide a surety bond to the United
States Government may provide a Government obligation of a kind prescribed by the
Secretary of the Treasury.”
The law further grants the Secretary of the Treasury the power to prescribe the terms,
conditions, and forms under which government obligations may be accepted as collateral in
place of corporate surety bonds.
This structure is reaffirmed by explicit references throughout the 2024 Collateral Guide, which
states:
“Part 225 is issued under the authority of 31 U.S.C. 9301–9309, enacted by Public Law 97–258 (96
Stat. 877)...”
“The Secretary of the Treasury has authorized the use of Federal Reserve Banks to act as custodians
of collateral pledged to the United States under 31 CFR Part 225.”
This delegation arises lawfully from statutory authority vested in the Secretary of the Treasury
under:
31 U.S.C. § 321 — General authority of the Secretary of the Treasury to delegate powers
necessary to carry out fiscal duties.
31 U.S.C. § 9303 — Specific authority to accept government obligations as collateral in place
of surety bonds.
The power to delegate custodial responsibility to Federal Reserve Banks is not discretionary but
originates from Public Law 97–258, which established these fiscal powers in the Statutes at Large at
96 Stat. 877.
Under this Act, the Secretary’s power to delegate collateral safekeeping functions to fiscal
agents (including the Federal Reserve) is embedded in Treasury’s operational statutes.
This includes:
There is no provision in the Statutes at Large—including Public Law 97–258 (96 Stat. 877)—that
authorizes a depository institution, pledgor, or private party to independently offset or apply pledged
collateral as satisfaction of a public or private debt.
The Federal Reserve’s Operating Circular No. 10, under its lawful issuance, provides:
If a borrowing institution fails to repay, the Federal Reserve Bank may apply collateral to
satisfy the unpaid balance.
This does not confer direct offset rights to the pledgor, but allows the Reserve Bank to
enforce its security interest and liquidate collateral accordingly.
Per the Collateral Guide for Collateral in Lieu of Surety Bonds (2024):
Permissible Under
Action Statutory Source
Statute?
Unilateral offset by pledgor ❌ No Not authorized in Pub. L. 97–258
Liquidation by Reserve Bank upon OC-10, authorized under 38 Stat.
✅ Yes
default 263
Treasury liquidation upon bond
✅ Yes 31 U.S.C. § 9303, via 96 Stat. 877
failure
The Federal Reserve Act of 1913 (38 Stat. 251 et seq.), including Section 13 and Section 14,
authorizes the Reserve Banks to discount, accept, and purchase certain classes of obligations.
However, nowhere in the Act is there a clause or statutory section that empowers the
Reserve Banks to create, bundle, or issue securities from pledged collateral or discounted
instruments.
...describe operational procedures of credit extension, reserve adjustment, and monetary aggregates.
These are:
Descriptive
Explanatory of practice
Not legally binding
Not statutory in origin
None of these publications cite any enabling Act of Congress or Statutes at Large that would
authorize the issuance or monetization of asset-backed securities by the Federal Reserve.
In contrast:
Federal Reserve Banks are not authorized under any statute to act as issuers of MBS.
They may purchase or hold MBS issued by others, as permitted under Section 14 of the
Federal Reserve Act, but that is distinct from issuing such securities themselves.
Lawful Certification
Statutory Authorization
Function Source
Status
Issuance of mortgage-backed securities No provision in 38 Stat. 251
❌ Not Authorized
by Fed (Federal Reserve Act)
Monetization/securitization of pledged
❌ Not Authorized No relevant statute identified
collateral
Holding/purchasing MBS issued by ✅ Authorized under Section 14, Federal Reserve Act
others limits (38 Stat. 266)
No content relied on the United States Code, interpretive commentary, or agency-issued summaries.
All analysis is based on primary legislative texts and official institutional publications.
Enacted as Public Law 63-43 on December 23, 1913, and published at 38 Stat. 251, the Federal
Reserve Act authorizes the creation of the Federal Reserve System, the issuance of Reserve Bank
credit, and the establishment of clearing and settlement mechanisms.
Grants the Reserve Banks power to extend credit by discounting eligible paper from member banks
and providing advances secured by collateral.
Provides the legal foundation for the issuance of Federal Reserve notes, and designates Reserve
Banks as clearing agents for member institutions.
“…the Board of Governors of the Federal Reserve System shall make and promulgate from time to
time regulations governing the transfer of funds and charges therefore among Federal Reserve
Banks and their branches.”
This language authorizes remittance settlement, interbank transfers, and netting systems that form
the core of today's Fedwire operations.
Commercial banks and institutions with master accounts at Reserve Banks must
settle obligations by crediting or debiting their accounts during defined remittance
cycles.
These transactions are executed electronically via Fedwire Funds Service, and legal
accountability is upheld by the Federal Reserve Act, not by private contract law.
This operational protocol is not a discretionary system, but is legally mandated under the statutory
authority cited above.
This aligns directly with Sections 13 and 16 of the Federal Reserve Act, which prescribe the lawful
framework for:
Lending
Credit extension
Settlement
Custodianship of obligations.
Lawful Certification
Authorizes national banks and qualifying state-chartered banks to become members of the
Federal Reserve System.
These member banks are permitted, not prohibited, from:
o Holding deposits,
o Accepting public funds,
o Acting as clearing agents and remittance participants.
The statute imposes regulatory conditions, but not a legal disqualification based on duality of role.
Documents including:
...recognize that commercial banks maintain master accounts at Reserve Banks and operate under
agency-like agreements when participating in settlement and remittance activities. Yet:
While the doctrine of conflict of interest and fiduciary exclusivity exists in common law and agency
jurisprudence, there is:
No Congressional Act applying such doctrines directly to commercial banks acting within the
lawful scope of the Federal Reserve System.
Such governance remains subject to Federal Reserve Board supervision, not statutory
disqualification.
Can a commercial bank act as both private entity Permitted under Federal
✅ Yes
and clearing agent? Reserve Act
“All coins and currencies of the United States (including Federal Reserve notes and circulating notes
of Federal Reserve banks and national banking associations) heretofore or hereafter coined or issued
shall be legal tender for all debts, public and private…”
This Act does not use the term “lawful money” but equates “coins and currencies”, including Federal
Reserve notes, with legal tender status.
“Lawful money” appears historically in the Federal Reserve Act of 1913 (38 Stat. 251, §16), which
required that:
These materials openly refer to deposit balances and reserve balances as claims—not as actual
money—but credit instruments issued in lieu of money.
Lawful Money U.S. Notes, Treasury coin, historical gold ☑️ Defined in 38 Stat. 251
Federal Reserve Notes Backed by collateral (Treasuries, loans) ☑️ Declared legal tender
Credit Instruments (Bank IOUs) Ledger claims, not money itself ❌ No statutory classification
This Act granted the President authority to regulate or prohibit the hoarding of gold, effectively
removing the immediate ability to demand gold in exchange for currency.
This Act:
Required that all gold held by Federal Reserve Banks be transferred to the U.S. Treasury.
Prohibited private ownership of monetary gold.
Voided contractual clauses requiring payment in gold (Gold Clause Abrogation).
Redefined all U.S. money as redeemable only by Treasury policy, not by statutory
entitlement.
Effectively, it ended domestic gold redemption and centralized all gold under sovereign Treasury
control.
C. Bretton Woods Suspension – August 15, 1971 (Executive Order, not statute)
Though not an Act of Congress, President Nixon’s suspension of dollar convertibility into gold
internationally (for foreign governments and central banks) marks the end of external gold
redemption. This was later codified legislatively.
This Act:
1933 Emergency Banking Relief Act (48 Stat. 1) Suspended domestic gold redemption
1934 Gold Reserve Act (48 Stat. 337) Ended gold backing; transferred gold to Treasury
1977 Public Law 95-147 (91 Stat. 1227) Repealed all legal gold reserve and redemption obligations
“All coins and currencies of the United States (including Federal Reserve notes and circulating notes
of Federal Reserve banks and national banking associations) heretofore or hereafter coined or issued
shall be legal tender for all debts, public and private…”
This provision expressly declares that Federal Reserve notes are legal tender—regardless of backing
or convertibility—equal in status to coin.
Earlier statutes (e.g., Federal Reserve Act of 1913, 38 Stat. 251) used the term “lawful money” to
describe gold, silver, and U.S. Notes. However:
48 Stat. 31 (1933) replaces that framework by designating Federal Reserve notes as full legal
tender.
The phrase “lawful money” does not appear in this Act, nor in subsequent tender legislation.
Thus, “legal tender” becomes the operative statutory term, while “lawful money” is rendered obsolete
in monetary law after 1933.
By Act of October 28, 1977, Public Law 95–147, 91 Stat. 1227, Congress affirmed:
“All Federal Reserve notes are obligations of the United States and shall be legal tender for all debts,
public and private... regardless of whether they are redeemable in gold, silver, or any other asset.”
This eliminated any residual legal requirement for lawful redemption, affirming that:
Legal tender status derives from statutory declaration, not from underlying reserves or
collateral.
Legal Tender Federal Reserve notes + U.S. coins 48 Stat. 31; 91 Stat. 1227
“Make advances… to any individual, partnership, or corporation on the promissory notes of such
borrowers.”
The proceeds of such loans are credited to the borrower's deposit account, thereby creating a new
deposit liability on the bank’s balance sheet. These entries function as newly created bank money.
Although not phrased as “money creation” in the statute, the lawful implication under 38 Stat. 251 is
that banks:
This was described in Modern Money Mechanics (published by the Federal Reserve Bank of
Chicago), which states:
But this operational fact rests on the foundational authority granted under §13 of the 1913 Act.
Discretionary lending;
No gold reserve required Post-1934 legislation Deposit money need not be redeemable
NOWHERE is there found any lawful authorization for a private trust created in the name of an
individual person, secured by Treasury instruments, and made available to be “accessed” via legal
maneuver or demand.
The concept of a “secret trust account” is commonly tied to discredited materials including:
“There is no such thing as a secret Treasury account or bond tied to your Social Security Number or
birth certificate. Any such claim is fraudulent.”
These statements are consistent with Congressional record and no contrary evidence exists in any
public Act of Congress.
In light of the facts presented, it is no longer acceptable for the Federal Reserve and its participating
institutions to operate under a veil of secrecy, leveraging public credit, pledging future labor, and
facilitating private bailouts—all without the informed consent of the People to whom all political
power is ultimately entrusted.
Discount Window operations, though framed as a liquidity tool, appear to function as a concealed
backchannel for asset transfer, risk offloading, and securitization of instruments tied directly or
indirectly to the American populace—including the presumed collateralization of personal
identifiers, public accounts, and commercial paper created without due process or full disclosure.
All agents and fiduciaries involved are hereby reminded of their oath-bound obligations under the
Constitution, their fiduciary duties under trust law, and their personal liability for acts of
concealment, unauthorized conveyance, and conversion under commercial and criminal statutes
alike.