1934 January 30
Gold
Reserve Act of 1934: "An Act to protect the
currency system of the United States, to provide for the better
use of the monetary gold stock of the United States, and for
other purposes." As the economy
continued to deteriorate, the United States nationalized gold
and prohibited private gold ownership except under license. The
President was empowered to devalue the gold dollar by up to
40%, a power which was exercised for the first time one day
after this Act came into force [see next document].
***
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
the short title of this Act shall be the "Gold Reserve Act
of 1934"
SEC. 2. (a) Upon the approval of this Act all right,
title, and interest, and every claim of the Federal Reserve
Board, of every Federal Reserve hank, and of every Federal
Reserve agent, in and to any and all
gold coin and gold bullion shall pass to and are hereby vested
in the United States; and in payment therefor credits
in equivalent amounts in dollars are hereby established
in the Treasury in the accounts authorized under the sixteenth
paragraph of section 16 of the Federal Reserve Act, as
heretofore and by this Act amended (U.S.C., title 12, sec.
467). Balances in such accounts shall be payable in gold
certificates, which shall be in such form and in such
denominations as the Secretary of the Treasury may determine.
All gold so transferred, not in the possession of the United
States, shall be held in custody for the United States and
delivered upon the order of the Secretary of the Treasury; and
the Federal Reserve Board, the Federal Reserve banks, and the
Federal Reserve agents shall give such instructions and shall
take such action as may be necessary to assure that such gold
shall be so held and delivered.
(b) Section 16 of the Federal Reserve Act, as amended, is
further amended in the following respects:
(1) The third sentence of the first paragraph is amended to
read as follows: "They shall be redeemed in lawful money
on demand at the Treasury Department of the United States, in
the city of Washington, District of Columbia, or at any Federal
Reserve bank."
(2) So much of the third sentence of the second paragraph as
precedes the proviso is amended to read as follows: "The
collateral security thus offered shall be notes, drafts, bills
of exchange, or acceptances acquired under the provisions of
section 13 of this Act, or bills of exchange endorsed by a
member bank of any Federal Reserve district and purchased under
the provisions of section 14 of this Act, or bankers
acceptances purchased under the provisions of said section 14,
or gold certificates:".
(3) The first sentence of the third paragraph is amended to
read as follows: "Every Federal Reserve bank shall
maintain reserves in gold certificates or lawful money of not
less than 35 per centum against its deposits and reserves in
gold certificates of not less than 40 per centum against its
Federal Reserve notes in actual circulation: Provided, however,
That when the Federal Reserve agent holds gold certificates as
collateral for Federal Reserve notes issued to the bank such
gold certificates shall be counted as part of the reserve which
such bank is required to maintain against its Federal Reserve
notes in actual circulation."
(4) The fifth and sixth sentences of the third paragraph are
amended to read as follows: "Notes presented for
redemption at the Treasury of the United States shall be paid
out of the redemption fund and returned to the Federal Reserve
banks through which they were originally issued, and thereupon
such Federal Reserve bank shall, upon demand of the Secretary
of the Treasury, reimburse such redemption fund in lawful money
or, if such Federal Reserve notes have been redeemed by the
Treasurer in gold certificates, then such funds shall be
reimbursed to the extent deemed necessary by the Secretary of
the Treasury in gold certificates, and such Federal Reserve
bank shall, so long as any of its Federal Reserve notes remain
outstanding, maintain with, the Treasurer in gold certificates
an amount sufficient in the judgment of the Secretary to
provide for all redemptions to be made by the Treasurer.
Federal Reserve notes received by the Treasurer otherwise than
for redemption may be exchanged for gold certificates out of
the redemption fund hereinafter provided and returned to the
Reserve bank through which they were originally issued, or they
may be returned to such bank for the credit of the United
States."
(5) The fourth, fifth, and sixth paragraphs are amended to
read as follows:
"The Federal Reserve Board shall require each Federal
Reserve bank to maintain on deposit in the Treasury of the
United States a sum in gold certificates sufficient in the
judgment of the Secretary of the Treasury for the redemption of
the Federal Reserve notes issued to such bank, but in no event
less than 5 per centum of the total amount of notes issued less
the amount of gold certificates held by the Federal Reserve
agent as collateral security; but such deposit of gold
certificates shall be counted and included as part of the 40
per centum reserve hereinbefore required. The Board shall have
the right, acting through the Federal Reserve agent, to grant
in whole or in part, or to reject entirely the application of
any Federal Reserve bank for Federal Reserve notes; but to the
extent that such application may be granted the Federal Reserve
Board shall, through its local Federal Reserve agent, supply
Federal Reserve notes to the banks so applying, and such bank
shall be charged with the amount of the notes issued to it and
shall pay such rate of interest as may be established by the
Federal Reserve Board on only that amount of such notes which
equals the total amount of its outstanding Federal Reserve
notes less the amount of gold certificates held by the Federal
Reserve agent as collateral security. Federal Reserve notes
issued to any such bank shall, upon delivery, together with
such notes of such Federal Reserve bank as may be issued under
section 18 of this Act upon security of United States 2 per
centum Government bonds, become a first and paramount lien on
all the assets of such bank.
"Any Federal Reserve bank may at any time reduce its
liability for outstanding Federal Reserve notes by depositing
with the Federal Reserve agent its Federal Reserve notes, gold
certificates, or lawful money of the United States. Federal
Reserve notes so deposited shall not be reissued, except upon
compliance with the conditions of an original issue.
"The Federal Reserve agent shall hold such gold
certificates or lawful money available exclusively for exchange
for the outstanding Federal Reserve notes when offered by the
Reserve bank of which he is a director. Upon the request of the
Secretary of the Treasury the Federal Reserve Board shall
require the Federal Reserve agent to transmit to the Treasurer
of the United States so much of the gold certificates held by
him as collateral security for Federal Reserve notes as may be
required for the exclusive purpose of the redemption of such
Federal Reserve notes, but such gold certificates when
deposited with the Treasurer shall be counted and considered as
if collateral security on deposit with the Federal Reserve
agent."
(6) The eighth paragraph is amended to read as follows:
"All Federal Reserve notes and all gold certificates
and lawful money issued to or deposited with any Federal
Reserve agent under the provisions of the Federal Reserve Act
shall hereafter be held for such agent, under such rules and
regulations as the Federal Reserve Board may prescribe, in the
joint custody of himself and the Federal Reserve bank to which
he is accredited. Such agent and such Federal Reserve bank
shall be jointly liable for the safekeeping of such Federal
Reserve notes, gold certificates, and lawful money. Nothing
herein contained, however, shall be construed to prohibit a
Federal Reserve agent from depositing gold certificates with
the Federal Reserve Board, to be held by such Board subject to
his order, or with the Treasurer of the United States for the
purposes authorized by law." (7) The sixteenth paragraph
is amended to read as follows:
"The Secretary of the Treasury is hereby authorized and
directed to receive deposits of gold or of gold certificates
with the Treasurer or any Assistant Treasurer of the United
States when tendered by any Federal Reserve bank or Federal
Reserve agent for credit to its or his account with the Federal
Reserve Board. The Secretary shall prescribe by regulation the
form of receipt to be issued by the Treasurer or Assistant
Treasurer to the Federal Reserve bank or Federal Reserve agent
making the deposit, and a duplicate of such receipt shall be
delivered to the Federal Reserve Board by the Treasurer at
Washington upon proper advices from any Assistant Treasurer
that such deposit has been made. Deposits so made shall be held
subject to the orders of the Federal Reserve Board and shall be
payable in gold certificates on the order of the Federal
Reserve Board to any Federal Reserve bank or Federal Reserve
agent at the Treasury or at the Subtreasury of the United
States nearest the place of business of such Federal Reserve
bank or such Federal Reserve agent. The order used by the
Federal Reserve Board in making such payments shall be signed
by the governor or vice governor, or such other officers or
members as the Board may by regulation prescribe. The form of
such order shall be approved by the Secretary of the Treasury,"
(8) The eighteenth paragraph is amended to read as follows:
"Deposits made under this section standing to the
credit of any Federal Reserve bank with the Federal Reserve
Board shall, at the option of said bank, be counted as part of
the lawful reserve which it is required to maintain against
outstanding Federal Reserve notes, or as a part of the reserve
it is required to maintain against deposits."
SEC. 3. The Secretary of the Treasury shall, by regulations
issued hereunder, with the approval of the President, prescribe
the conditions under which gold may be acquired and held,
transported, melted or treated, imported, exported, or
earmarked: (a) for industrial, professional, and artistic use;
(b) by the Federal Reserve banks for the purpose of settling
international balances; and, (c) for such, other purposes as in
his judgment are not inconsistent with the purposes of this
Act. Gold in any form may be acquired, transported, melted or
treated, imported, exported, or earmarked or held in custody
for foreign or domestic account (except on behalf of the United
States) only to the extent permitted by, and subject to the
conditions prescribed in, or pursuant to, such regulations.
Such regulations may exempt from the provisions of this
section, in whole or in part, gold situated in the Philippine
Islands or other places beyond the limits of the continental
United States.
SEC. 4. Any gold withheld, acquired, transported, melted or
treated, imported, exported, or earmarked or held in custody,
in violation of this Act or of any regulations issued
hereunder, or licenses issued pursuant thereto, shall be
forfeited to the United States, and may be seized and condemned
by like proceedings as those provided by law for the
forfeiture, seizure, and condemnation of property imported into
the United States contrary to law; and in addition any person
failing to comply with the provisions of this Act or of any
such regulations or licenses, shall be subject to a penalty
equal to twice the value of the gold in respect of which such
failure occurred.
SEC. 5. No gold shall hereafter be coined, and no gold coin
shall hereafter be paid out or delivered by the United States:
Provided however, That coinage may continue to be executed by
the mints of the United States for foreign countries in
accordance with the Act of January 29, 1874 (U.S.C., title 31,
sec. 367). All gold coin of the United States shall be
withdrawn from circulation, and, together with all other gold
owned by the United States, shall be formed into bars of such
weights and degrees of fineness as the Secretary of the
Treasury may direct.
SEC. 6. Except to the extent permitted in regulations which
may be issued hereunder by the Secretary of the Treasury with
the approval of the President, no currency of the United States
shall be redeemed in gold: Provided, however, That gold
certificates owned by the Federal Reserve banks shall be
redeemed at such times and in such amounts as, in the judgment
of the Secretary of the Treasury, are necessary to maintain the
equal purchasing power of every kind of currency of the United
States: And provided further, That the reserve for United
States notes and for Treasury notes of 1890, and the security
for gold certificates (including the gold certificates held in
the Treasury for credits payable therein) shall be maintained
in gold bullion equal to the dollar amounts required by law,
and the reserve for Federal Reserve notes shall be maintained
in gold certificates, or in credits payable in gold
certificates maintained with the Treasurer of the United States
under section 16 of the Federal Reserve Act, as heretofore and
by this Act amended.
No redemptions in gold shall be made except in gold bullion
bearing the stamp of a United States mint or assay office in an
amount equivalent at the time of redemption to the currency
surrendered for such purpose.
SEC. 7. In the event that the weight of the gold dollar
shall at any time be reduced, the resulting increase in value
of the gold held by the United States (including the gold held
as security for gold certificates and as a reserve for any
United States notes and for Treasury notes of 1890) shall be
covered into the Treasury as a miscellaneous receipt; and, in
the event that the weight of the gold dollar shall at any time
be increased, the resulting decrease in value of the gold held
as a reserve for any United States notes and for Treasury notes
of 1890, and as security for gold certificates shall be
compensated by transfers of gold bullion from the general fund,
and there is hereby appropriated an amount sufficient to
provide for such transfers and to cover the decrease in value
of the gold in the general fund.
SEC. 8. Section 3700 of the Revised Statutes (U.S.C., title
31, sec. 734) is amended to read as follows:
"SEC. 3700. With the approval of the President, the
Secretary of the Treasury may purchase gold in any amounts, at
home or abroad, with any direct obligations, coin, or currency
of the United States, authorized by law, or with any funds in
the Treasury not otherwise appropriated, at such rates and upon
such terms and conditions as he may deem most advantageous to
the public interest; any provision of law relating to the
maintenance of parity, or limiting the purposes for which any
of such obligations, coin, or currency, may be issued, or
requiring any such obligations to be offered as a popular loan
or on a competitive basis, or to be offered or issued at not
less than par, to the contrary notwithstanding. All gold so
purchased shall be included as an asset of the general fund of
the Treasury."
SEC. 9. Section 3699 of the Revised Statutes (U.S.C., title
31, sec. 733) is amended to read as follows:
"SEC. 3699. The Secretary of the Treasury may
anticipate the payment of interest on the public debt, by a
period not exceeding one year, from time to time, either with
or without a rebate of interest upon the coupons, as to him may
seem expedient; and he may sell gold in any amounts, at home or
abroad, in such manner and at such rates and upon such terms
and conditions as he may deem most advantageous to the public
interest, and the proceeds of any gold so sold shall be covered
into the general fund of the Treasury: Provided, however, That
the Secretary of the Treasury may sell the gold which is
required to be maintained as a reserve or as security for
currency issued by the United States, only to the extent
necessary to maintain such currency at a parity with the gold
dollar."
SEC. 10. (a) For the purpose of stabilizing the exchange
value of the dollar, the Secretary of the Treasury, with the
approval of the President, directly or through such agencies as
he may designate, is authorized, for the account of the fund
established in this section, to deal in gold and foreign
exchange and such other instruments of credit and securities as
he may deem necessary to carry out the purpose of this section.
An annual audit of such fund shall be made and a report thereof
submitted to the President.
(b) To enable the Secretary of the Treasury to carry out the
provisions of this section there is hereby appropriated, out of
the receipts which are directed to be covered into the Treasury
under section 7 hereof, the sum of $2,000,000,000, which sum
when available shall be deposited with the Treasurer of the
United States in a stabilization fund (hereinafter called the
"fund") under the exclusive control of the Secretary
of the Treasury, with the approval of the President, whose
decisions shall be final and not be subject to review by any
other officer of the United States. The fund shall be available
for expenditure, under the direction of the Secretary of the
Treasury and in his discretion, for any purpose in connection
with carrying out the provisions of this section, including the
investment and reinvestment in direct obligations or the United
States of any portions of the fund which the Secretary of the
Treasury, with the approval of the President, may from time to
time determine are not currently required for stabilizing the
exchange value of the dollar. The proceeds of all sales and
investments and all earnings and interest accruing under the
operations of this section shall be paid into the fund and
shall be available for the purposes of the fund.
(c) All the powers conferred by this section shall expire
two years after the date of enactment of this Act, unless the
President shall sooner declare the existing emergency ended and
the operation of the stabilization fund terminated; but the
President may extend such period for not more than one
additional year after such date by proclamation recognizing the
continuance of such emergency.
SEC. 11. The Secretary of the Treasury is hereby authorized
to issue, with the approval of the President, such rules and
regulations as the Secretary may deem necessary or proper to
carry out the purposes of this Act.
SEC. 12. Paragraph (b) (2), of section 43, title III, of the
Act approved May 12, 1933 (Public, Numbered 10, Seventy-third
Congress), is amended by adding two new sentences at the end
thereof, reading as follows:
"Nor shall the weight of the gold dollar be fixed in
any event at more than 60 per centum of its present weight. The
powers of the President specified in this paragraph shall be
deemed to be separate, distinct, and continuing powers, and may
be exercised by him, from time to time, severally or together,
whenever and as the expressed objects of this section in his
judgment may require; except that such powers shall expire two
years after the date of enactment of the Gold Reserve Act of
1934 unless the President shall sooner declare the existing
emergency ended, but the President may extend such period for
not more than one additional year after such date by
proclamation recognizing the continuance of such emergency."
[…]
(c) The Secretary of the Treasury is authorized to issue
gold certificates in such form and in such denominations as he
may determine, against any gold held by the Treasurer of the
United States, except the gold fund held as a reserve for any
United States notes and Treasury notes of 1890. The amount of
gold certificates issued and outstanding shall at no time
exceed the value, at the legal standard, of the gold so held
against gold certificates.
SEC. 15. As used in this Act the term "United States"
means the Government of the United States; the term "the
continental United States "means the States of the United
States, the District of Columbia, and the Territory of Alaska;
the term "currency of the United States "means
currency which is legal tender in the United States, and
includes United States notes, Treasury notes of 1890, gold
certificates, silver certificates, Federal Reserve notes, and
circulating notes of Federal Reserve banks and national banking
associations; and the term "person" means any
individual, partnership, association, or corporation, including
the Federal Reserve Board, Federal Reserve banks, and Federal
Reserve agents. Wherever reference is made in this Act to
equivalents as between dollars or currency of the United States
and gold, one dollar or one dollar face amount of any currency
of the United States equals such a number of grains of gold,
nine tenths fine, as, at the time referred to, are contained in
the standard unit of value, that is, so long as the President
shall not have altered by proclamation the weight of the gold
dollar under the authority of section 43, title III, of the Act
approved May 12, 1933, as heretofore and by this Act amended,
twenty-five and eight tenths grains of gold, nine tenths fine,
and thereafter such a number of grains of gold, nine tenths
fine, as the President shall have fixed under such authority.
* * *
Source: Statutes at Large of the United States of America
from March 1933 to June 1934, Vol. 48, Part 1, (Washington:
Government Printing Office, 1934), pp. 337-344.
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