SenateS. 5465119th Congress

Bringing the Discount Window into the 21st Century Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5465 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  2d Session
                                S. 5465

 To amend the Federal Reserve Act to require the Board of Governors of 
  the Federal Reserve System to carry out a review of discount window 
 operations and to implement improvements to such operations, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2026

Ms. Cortez Masto (for herself and Mr. Rounds) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend the Federal Reserve Act to require the Board of Governors of 
  the Federal Reserve System to carry out a review of discount window 
 operations and to implement improvements to such operations, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bringing the Discount Window into 
the 21st Century Act''.

SEC. 2. REVIEW OF DISCOUNT WINDOW OPERATIONS.

    (a) In General.--Section 10 of the Federal Reserve Act (12 U.S.C. 
241 et seq.) is amended--
            (1) by redesignating paragraph (12) as paragraph (11); and
            (2) by adding at the end the following:
            ``(12) Review of discount window operations.--
                    ``(A) In general.--The Board shall--
                            ``(i) not later than 60 days after the date 
                        of enactment of this paragraph, commence a 
                        review of the discount window lending programs 
                        of the Federal reserve banks; and
                            ``(ii) not later than 240 days after the 
                        date of enactment of this Act, complete the 
                        review required under clause (i).
                    ``(B) Contents.--The review required by 
                subparagraph (A) shall include a consideration of--
                            ``(i) the effectiveness of the discount 
                        window in providing liquidity to financial 
                        institutions, including in times of financial 
                        stress;
                            ``(ii) whether the technology 
                        infrastructure, including means of 
                        communications, are sufficient to support the 
                        timely provision of liquidity, including in 
                        times of financial stress;
                            ``(iii) the effectiveness of cybersecurity 
                        measures implemented with respect to discount 
                        window operations;
                            ``(iv) the effectiveness of communications 
                        between Federal reserve banks, financial 
                        institutions, the Board, the Federal Deposit 
                        Insurance Corporation, the Comptroller of the 
                        Currency, the Federal Housing Finance Agency, 
                        and the Secretary of the Treasury regarding 
                        discount window operations;
                            ``(v) the effectiveness of the Board in 
                        providing oversight of the discount window and 
                        in ensuring consistent access to the discount 
                        window across the Federal Reserve System;
                            ``(vi) how the discount window interacts 
                        with other providers of liquidity, including 
                        the Federal Home Loan Banks, during both normal 
                        operations and times of financial distress;
                            ``(vii) the effectiveness of existing 
                        discount window operating hours and whether 
                        such hours should be expanded, taking into 
                        account the interaction between discount window 
                        operating hours and the operating hours of 
                        payment systems of the Federal reserve banks, 
                        such as the Fedwire Funds Service and FedNow 
                        Service;
                            ``(viii) the impact of mobile banking and 
                        instant communications technology on depositor 
                        behavior and liquidity risk posed to financial 
                        institutions, including how the discount window 
                        can--
                                    ``(I) help financial institutions 
                                better respond to rapid liquidity 
                                shortfalls; and
                                    ``(II) prevent broader financial 
                                instability; and
                            ``(ix) the effectiveness of the discount 
                        window in light of the stigma associated with 
                        its usage, ways to reduce such stigma, and ways 
                        to improve access, operational efficiency, 
                        transparency, and timeliness of the process for 
                        financial institutions seeking advances, 
                        including on the pricing and other terms of 
                        such advances.
                    ``(C) Remediation plan.--After the Board completes 
                the review required by subparagraph (A), the Board, in 
                consultation with the Federal reserve banks, shall--
                            ``(i) identify deficiencies with the 
                        discount window and areas for enhancing 
                        discount window effectiveness; and
                            ``(ii) develop a written plan to remediate 
                        the identified deficiencies and implement the 
                        identified enhancements, which shall include--
                                    ``(I) an identification of actions 
                                that will be taken to enhance discount 
                                window effectiveness and remediate 
                                identified deficiencies;
                                    ``(II) timelines and milestones for 
                                implementing the plan and measures to 
                                demonstrate how the implemented 
                                improvements will be maintained on an 
                                ongoing basis; and
                                    ``(III) measures of managing and 
                                controlling any deficiencies and 
                                current operations until the plan is 
                                implemented in full.
                    ``(D) Report to congress on review and plan.--
                            ``(i) In general.--Not later than 365 days 
                        after the date of enactment of this paragraph, 
                        the Board shall submit to the Committee on 
                        Financial Services of the House of 
                        Representatives and the Committee on Banking, 
                        Housing, and Urban Affairs of the Senate a 
                        report containing--
                                    ``(I) the findings of the review 
                                required by subparagraph (A); and
                                    ``(II) the remediation plan 
                                required by subparagraph (C).
                            ``(ii) Consultation.--Before submitting the 
                        report required by clause (i), the Board 
                        shall--
                                    ``(I) provide a copy of the 
                                proposed report to the Comptroller of 
                                the Currency, the Federal Deposit 
                                Insurance Corporation, the Federal 
                                Housing Finance Agency, and the 
                                Secretary of the Treasury; and
                                    ``(II) provide the Comptroller of 
                                the Currency, the Federal Deposit 
                                Insurance Corporation, the Federal 
                                Housing Finance Agency, and the 
                                Secretary of the Treasury with an 
                                opportunity to provide feedback on the 
                                report.
                            ``(iii) Testimony.--The Chairman of the 
                        Board shall, at the semi-annual hearing 
                        required under section 2B, testify with respect 
                        to the contents of the report required under 
                        this subparagraph.
                    ``(E) Annual reports to congress.--
                            ``(i) Reports by the board.--The Board 
                        shall submit to the Committee on Financial 
                        Services of the House of Representatives and 
                        the Committee on Banking, Housing, and Urban 
                        Affairs of the Senate an annual report 
                        containing a review of the effectiveness of 
                        discount window operations and a progress 
                        report on the actions taken to implement the 
                        identified enhancements described in 
                        subparagraph (C).
                            ``(ii) Reports by the inspector general.--
                        The Inspector General of the Board of Governors 
                        of the Federal Reserve System and the Bureau of 
                        Consumer Financial Protection shall submit an 
                        annual report to the Committee on Financial 
                        Services of the House of Representatives and 
                        the Committee on Banking, Housing, and Urban 
                        Affairs of the Senate containing a report on 
                        the progress of the Board in implementing the 
                        remediation plan required by subparagraph (C).
                    ``(F) Confidential report information.--Any report 
                required under this paragraph may contain a 
                confidential annex containing information that, if made 
                public, could--
                            ``(i) impact monetary policy, financial 
                        stability, or cybersecurity; or
                            ``(ii) significantly endanger the financial 
                        stability of any financial institution.''.
    (b) Sunset.--
            (1) In general.--Section 10 of the Federal Reserve Act (12 
        U.S.C. 241 et seq.) is amended by striking paragraph (12), as 
        added by subsection (a) of this section.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date on which the Board of Governors 
        of the Federal Reserve System notifies Congress and publishes 
        on a public website of the Board that the remediation plan 
        required under subparagraph (C) of paragraph (12) of section 10 
        of the Federal Reserve Act (12 U.S.C. 241 et seq.), as added by 
        subsection (a) of this section, has been fully implemented.
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