(A) an insured depository institution may
impose a reasonable per-transaction charge for
any withdrawal transaction described in sub-
section (a)(3) other than a transaction required
under such subsection to be provided free; or
(B) the depository institution may impose
the fees and charges normally applied to other
consumer transaction accounts available at that
depository institution.
(2) LIMITATIONS.—
(A) PERIODIC CYCLE FEE ADJUSTMENT.—
The amount of any charge per periodic cycle
imposed by an insured depository institution on
any affordable transaction account pursuant to
paragraph (1)(B) shall be reduced by the
charge imposed under subsection (a)(4).
(B) MAXIMUM AMOUNT.—At no time shall
the total amount of fees and charges imposed
by an insured depository institution on any af-
fordable transaction account exceed the total
amount of fees and charges that is normally ap-
plied to other consumer transaction accounts
available at the depository institution.
(c) CONDITIONS FOR OPENING ANY AFFORDABLE
TRANSACTION ACCOUNT.—An insured depository institu-
tion may require as a condition for opening or maintaining
any affordable transaction account that—
(1) the holder of the account be a resident of
the State in which the account is opened or main-
tained; and
(2) the deposits to the account of recurring
payments such as Social Security, wage, or pension
payments be made by direct deposit if that form of
deposit is available to both the consumer and the de-
pository institution.
(d) OTHER TERMS AND CONDITIONS.—
(1) IN GENERAL.—Except as provided in this
section and any regulations prescribed under this
section, any affordable transaction account may be
offered by an insured depository institution subject
to the same rules, conditions, and terms normally
applicable to other consumer transaction accounts
offered by the depository institution.
(2) PROHIBITION ON DISCRIMINATION AGAINST
AFFORDABLE TRANSACTION ACCOUNT HOLDERS IN
PROVIDING OTHER SERVICES.—The amount of any
fee or charge imposed on a holder of any affordable
transaction account by an insured depository institu-
tion for specific services provided to such account
holder which are not directly related to the mainte-
nance of such account may not exceed the fee or
charge imposed by the depository institution for pro-
viding the same services in connection with other
consumer transaction accounts offered by the deposi-
tory institution.
(e) AFFORDABLE TRANSACTION ACCOUNTS NOT RE-
QUIRED
FOR
INDIVIDUALS
WHO
MAINTAIN
OTHER
TRANSACTION ACCOUNTS.—An insured depository institu-
tion shall not be required to permit any person to open
or maintain an affordable transaction account pursuant
to this section if such person maintains another consumer
transaction account either at that depository institution
or any other insured depository institution.
(f) ALTERNATIVE ARRANGEMENTS.—In lieu of the
affordable transaction account required by this section, an
insured depository institution may make available an al-
ternative form of account or other banking services if the
appropriate Federal banking agency determines that such
alternative form of account or services are at least as ad-
vantageous to consumers as the affordable transaction ac-
count.
(g) DISCLOSURE REQUIREMENTS.—
(1) POSTED NOTICES.—If an insured depository
institution posts in the public area of any office of
the institution a notice of the availability of other
consumer transaction accounts, the depository insti-
tution shall also post equally conspicuous notice in
such public area and in the same manner the avail-
ability of its affordable transaction accounts.
(2) PRINTED MATERIAL.—If an insured deposi-
tory institution makes available in the public area of
any office of the institution printed material describ-
ing the terms of its other consumer transaction ac-
counts, the depository institution shall also make
comparable descriptive printed material concerning
the affordable transaction accounts available in the
same such area and in the same manner.
(h) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
(1) CONSUMER TRANSACTION ACCOUNT.—For
purposes of this section, the term ‘‘consumer trans-
action account’’ means a demand deposit account,
negotiable order of withdrawal account, share draft
account, or any similar transaction account used pri-
marily for personal, family or household purposes.
(2) DEPOSITORY INSTITUTION.—The term ‘‘de-
pository institution’’ has the same meaning as in
section 19(b)(1)(A) of the Federal Reserve Act.
(3) FEDERAL
BANKING
AGENCY.—The term
‘‘Federal banking agency’’—
(A) has the same meaning as in section
3(z) of the Federal Deposit Insurance Act; and
(B) includes the National Credit Union
Administration Board.
(4) INSURED DEPOSITORY INSTITUTION.—The
term ‘‘insured depository institution’’—
(A) has the same meaning as in section
3(c)(2) of the Federal Deposit Insurance Act;
and
(B) includes an insured credit union (as
defined in section 101(7) of the Federal Credit
Union Act).
(i) COMPLIANCE WITH MORE STRINGENT STATE
LAW.—If a depository institution operates in a State the
laws of which, including regulations, require a depository
institution operating in such State to meet requirements
for affordable transaction accounts which are more advan-
tageous to the consumer than the requirements of this sec-
tion or the regulations prescribed under this section, such
depository institution may not be treated as a qualified
depository institution for purposes of section 19(b)(12) of
the Federal Reserve Act, unless such depository institu-
tion meets the requirements of this section and the re-
quirements of such State law.
(j) RULE OF CONSTRUCTION.—No provision of this
section, title LXII of the Revised Statutes of the United
States, the Home Owners’ Loan Act, the Bank Enterprise
Act of 1991, the Alternative Mortgage Transaction Parity
Act of 1982, or any other Federal law may be construed
as preempting, or providing any basis for the Comptroller
of the Currency or the Director of the Office of Thrift
Supervision to conclude that Federal law in any way pre-
empts, the law of any State which requires depository in-
stitution operating in that State to provide affordable
transaction accounts, including the Omnibus Consumer
Protection and Banking Deregulation Act of 1994 of the
State of New York and the New Jersey Consumer Check-
ing Account Act (as in effect on the date of the enactment
of this Act).
(k) COORDINATION OF REGULATIONS.—Each Fed-
eral banking agency shall—
(1) consult and coordinate with other Federal
banking agencies to ensure that regulations pre-
scribed by each such agency are consistent with and
comparable to the regulations prescribed by each
other such agency; and
(2) prescribe regulations in final form to imple-
ment this section before the end of the 6-month pe-
riod beginning on the date of the enactment of this
Act.
Æ