‘‘(B) SAFE HARBOR RULE AUTHORIZED.— 
The Bureau, in consultation with the Board of 
Governors of the Federal Reserve System, the 
Comptroller of the Currency, the Board of Di-
rectors of the Federal Deposit Insurance Cor-
poration, and the National Credit Union Ad-
ministration Board, may issue rules to provide 
an amount for any overdraft coverage fee that 
is presumed to be reasonable and proportional 
to the amount of the overdraft and the cost to 
the financial institution in providing the over-
draft coverage for the transaction. 
‘‘(4) POSTING ORDER.—Each financial institu-
tion shall post transactions with respect to accounts 
in such a manner that minimizes overdraft coverage 
fees and nonsufficient fund fees. 
‘‘(j) DEBIT HOLDS.—No financial institution may 
charge an overdraft coverage fee on any category of trans-
action, if the overdraft results solely from a debit hold 
amount placed on a account that exceeds the actual dollar 
amount of the transaction. 
‘‘(k) NONDISCRIMINATION FOR NOT OPTING IN.—In 
implementing the requirements of this section, each finan-
cial institution shall provide to consumers who have not 
consented to participate in an overdraft coverage program, 
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accounts having the same terms, conditions, or other fea-
tures as those that are provided to consumers who have 
consented to participate in such overdraft coverage pro-
gram, except for features of such overdraft coverage. 
‘‘(l) NONSUFFICIENT FUND FEE LIMITS.— 
‘‘(1) IN
GENERAL.—No financial institution 
may charge any nonsufficient fund fee with respect 
to— 
‘‘(A) any transaction at an automated tell-
er machine; or 
‘‘(B) any debit card transaction. 
‘‘(2) REASONABLE AND PROPORTIONAL OVER-
DRAFT COVERAGE FEES.—The amount of any non-
sufficient fund fee shall be reasonable and propor-
tional to the cost to the financial institution directly 
associated with returning the transaction. 
‘‘(3) SAFE HARBOR RULE AUTHORIZED.—The 
Bureau, in consultation with the Board of Governors 
of the Federal Reserve System, the Comptroller of 
the Currency, the Board of Directors of the Federal 
Deposit Insurance Corporation, and the National 
Credit Union Administration Board, may issue rules 
to provide an amount for any non-sufficient fund fee 
that is presumed to be reasonable and proportional 
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to the costs to the financial institution of returning 
the transaction. 
‘‘(m) REPORTS TO CONSUMER REPORTING AGEN-
CIES.—No financial institution may report negative infor-
mation regarding the use of overdraft coverage by a con-
sumer to any consumer reporting agency (as that term 
is defined in section 603 of the Fair Credit Reporting Act 
(15 U.S.C. 1681a)) when the overdraft amounts and over-
draft coverage fees are repaid under the terms of an over-
draft coverage program. 
‘‘(n) RULE OF CONSTRUCTION.—No provision of this 
section may be construed as prohibiting a financial institu-
tion from retaining the discretion to pay, without assess-
ing an overdraft coverage fee or charge, an overdraft in-
curred by a consumer.’’. 
(b) TECHNICAL AMENDMENT.—The table of contents 
for chapter II of the Truth in Lending Act is amended 
by inserting after the item relating to section 140A the 
following new item: 
‘‘140B. Overdraft coverage program disclosures and consumer protection.’’. 
SEC. 5. REGULATORY AUTHORITY OF THE BUREAU. 
Not later than 24 months after the date of the enact-
ment of this Act, the Bureau of Consumer Financial Pro-
tection (hereafter in this Act referred to as the ‘‘Bureau’’) 
shall issue such final rules and publish such model forms 
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as necessary to carry out section 140B of the Truth in 
Lending Act, as added by this Act. 
SEC. 6. EFFECTIVE DATE. 
(a) IN GENERAL.—This Act and the amendments 
made by this Act shall take effect 1 year after the date 
of the enactment of this Act, whether or not the rules of 
the Bureau under this Act or such amendments are pre-
scribed in final form. 
(b) MORATORIUM ON FEE INCREASES.— 
(1) IN GENERAL.—During the 1-year period be-
ginning on the date of the enactment of this Act, no 
financial institution may increase the overdraft cov-
erage fees or charges assessed on accounts for pay-
ing a transaction (including a check or other debit) 
in connection with an overdraft or for nonsufficient 
funds. 
(2) DEFINITIONS.—As used in this section, the 
terms ‘‘financial institution’’, ‘‘overdraft’’, ‘‘over-
draft coverage fee’’, ‘‘account’’, and ‘‘nonsufficient 
fund fee’’ have the same meanings as in section 
140B(o) of the Truth in Lending Act, as added by 
this Act. 
Æ 
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