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Title 12 — Banks and Banking

Chapter 3 — Federal Reserve System

§ 339. Participation by State member banks in lotteries and related activities

Statutory text

(a)

Prohibited activities

A State member bank may not—

(1)

deal in lottery tickets;

(2)

deal in bets used as a means or substitute for participation in a lottery;

(3)

announce, advertise, or publicize the existence of any lottery; 1

(4)

announce, advertise, or publicize the existence or identity of any participant or winner, as such, in a lottery.

(b)

Use of banking premises prohibited

A State member bank may not permit—

(1)

the use of any part of any of its banking offices by any person for any purpose forbidden to the bank under subsection (a), or

(2)

direct access by the public from any of its banking offices to any premises used by any person for any purpose forbidden to the bank under subsection (a).

(c)

Definitions

As used in this section—

(1)

The term “deal in” includes making, taking, buying, selling, redeeming, or collecting.

(2)

The term “lottery” includes any arrangement, other than a savings promotion raffle, whereby three or more persons (the “participants”) advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the participants (the “winners”) will receive by reason of their advances more than the amounts they have advanced, the identity of the winners being determined by any means which includes—

(A)

a random selection;

(B)

a game, race, or contest; or

(C)

any record or tabulation of the result of one or more events in which any participant has no interest except for its bearing upon the possibility that he may become a winner.

(3)

The term “lottery ticket” includes any right, privilege, or possibility (and any ticket, receipt, record, or other evidence of any such right, privilege, or possibility) of becoming a winner in a lottery.

(4)

The term “savings promotion raffle” means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 5481 of this title).

(d)

Lawful banking services connected with operation of lottery

Nothing contained in this section prohibits a State member bank from accepting deposits or cashing or otherwise handling checks or other negotiable instruments, or performing other lawful banking services for a State operating a lottery, or for an officer or employee of that State who is charged with the administration of the lottery.

(e)

Regulations; enforcement

The Board of Governors of the Federal Reserve System shall issue such regulations as may be necessary to the strict enforcement of this section and the prevention of evasions thereof.

Footnotes

  1. 1 So in original. The word “or” probably should appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 90–203 § 2 · 81 Stat. 608

    Enacted · 12 U.S.C. § 339

    Dec. 13, 1913, ch. 6, § 9A, as added Pub. L. 90–203, § 2, Dec. 15, 1967, 81 Stat. 609

    Source evidence

    Code source credit
    Dec. 13, 1913, ch. 6, § 9A, as added Pub. L. 90–203, § 2, Dec. 15, 1967, 81 Stat. 609

    Enacted provision · exact public law section
    Sec. 2. The Federal Reserve Act is amended by inserting immediately Federal Reserve Act, amendment. 38 Stat. 259. 12 USC 321–338. after section 9 the following new section: “section 9A. participation in lotteries prohibited “(a) A State member bank may not— “(1) deal in lottery tickets; “(2) deal in bets used as a means or substitute for participation in a lottery; “(3) announce, advertise, or publicize the existence of any lottery; “(4) announce, advertise, or publicize the existence or identity of any participant or winner, as such, in a lottery. “(b) A State member bank may not permit— “(1) the use of any part of any of its banking offices by any person for any purpose forbidden to the bank under subsection (a), or “(2) direct access by the public from any of its banking offices to any premises used by any person for any purpose forbidden to the bank under subsection (a). “(c) As used in this section— Definitions. “(1) The term ‘deal in’ includes making, taking, buying, selling, redeeming, or collecting. “(2) The term ‘lottery’ includes any arrangement whereby three or more persons (the ‘participants’) advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the participants (the ‘winners’) will receive by reason of their advances more than the amounts they have advanced, the identity of the winners being determined by any means which includes— “(A) a random selection; “(B) a game, race, or contest; or “(C) any record or tabulation of the result of one or more events in which any participant has no interest except for its bearing upon the possibility that he may become a winner. “(3) The term ‘lottery ticket’ includes any right, privilege, or possibility (and any ticket, receipt, record, or other evidence of any such right, privilege, or possibility) of becoming a winner in a lottery. “(d) Nothing contained in this section prohibits a State member bank from accepting deposits or cashing or otherwise handling checks or other negotiable instruments, or performing other lawful banking services for a State operating a lottery, or for an officer or employee of that State who is charged with the administration of the lottery. “(e) The Board of Governors of the Federal Reserve System shall issue such regulations as may be necessary to the strict enforcement of this section and the prevention of evasions thereof.”

  2. American Savings Promotion Act

    Pub. L. 113–251 § 3(b)(1) · 128 Stat. 2888

    Inserted · 12 U.S.C. § 339(c)(2)

    Pub. L. 113–251, § 3(b)(1), inserted “, other than a savings promotion raffle,” before “whereby” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 113–251, § 3(b)(1), inserted “, other than a savings promotion raffle,” before “whereby” in introductory provisions.

    Enacted provision · exact public law section
    (1) in paragraph (2), by inserting “, other than a savings promotion raffle,” before “whereby”; and

  3. American Savings Promotion Act

    Pub. L. 113–251 § 3(b)(2) · 128 Stat. 2888

    Added · 12 U.S.C. § 339(c)(4)

    Pub. L. 113–251, § 3(b)(2), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 113–251, § 3(b)(2), added par. (4).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(4) The term ‘savings promotion raffle’ means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).” .

3 of 3 references resolved to an enrolled provision

Editorial Notes

Codification

Section was enacted as section 9A of act , and not as part of section 9 of such act which comprises this subchapter.

Amendments

2014—Subsec. (c)(2). Pub. L. 113–251, § 3(b)(1), inserted “, other than a savings promotion raffle,” before “whereby” in introductory provisions.

Subsec. (c)(4). Pub. L. 113–251, § 3(b)(2), added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective , see section 6 of Pub. L. 90–203, set out as a note under section 25a of this title.

Credits

1913–2014 · 2 acts
  1. 1913Dec. 13, 1913, ch. 6, § 9A, as added Pub. L. 90–203, § 2, , 81 Stat. 609
  2. 2014amended Pub. L. 113–251, § 3(b), , 128 Stat. 2889.
Show as published

(Dec. 13, 1913, ch. 6, § 9A, as added Pub. L. 90–203, § 2, , 81 Stat. 609; amended Pub. L. 113–251, § 3(b), , 128 Stat. 2889.)

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