I 
109TH CONGRESS 
1ST SESSION 
H. R. 799
To amend the Expedited Funds Availability Act to redress imbalances between 
the faster withdrawals permitted under the Check 21 Act and the slower 
rates for crediting deposits, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2005
Mrs. MALONEY (for herself, Mr. SANDERS, Ms. WATSON, Ms. WATERS, Mr. 
GEORGE MILLER of California, Mr. ENGEL, Mr. MCDERMOTT, Mr. 
WEINER, Mr. GUTIERREZ, Mr. JACKSON of Illinois, and Mr. CUMMINGS) 
introduced the following bill; which was referred to the Committee on Fi-
nancial Services 
A BILL 
To amend the Expedited Funds Availability Act to redress 
imbalances between the faster withdrawals permitted 
under the Check 21 Act and the slower rates for cred-
iting deposits, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Consumer Checking 
Account Fairness Act’’.
SEC. 2. ADJUSTMENT OF CHECK HOLD PERIODS RE-
QUIRED. 
(a) IN GENERAL.—Section 603(d) of the Expedited 
Funds Availability Act (12 U.S.C. 4002(d)) is amended 
by adding at the end the following new paragraph: 
‘‘(3) COORDINATION
WITH
CHECK
CLEARING 
FOR THE 21ST CENTURY ACT.—
‘‘(A) IN GENERAL.—The Board shall pre-
scribe regulations under paragraph (1)—
‘‘(i) to reduce the time periods under 
subsections (a), (b), or (e), in accordance 
with the requirements of paragraph (1), to 
take into account the time within which 
any receiving institution can reasonably ex-
pect to learn of the nonpayment of most 
items for each category of checks under 
the Checking Clearing for the 21st Cen-
tury Act or the regulations implementing 
such Act; and 
‘‘(ii) to eliminate distinctions between 
the schedules established under subsections 
(a), (b), or (e) if the Board finds that such 
distinctions no longer have any significance 
for any category of checks under the 
Checking Clearing for the 21st Century
Act or the regulations implementing such 
Act. 
‘‘(B) PARAGRAPH (2) ADJUSTMENTS.—The 
Board shall, by regulation, eliminate the exten-
sion provided under paragraph (2) for deposits 
of any category of checks if the Board finds 
that the extension has no substantial usefulness 
under the Checking Clearing for the 21st Cen-
tury Act or the regulations implementing such 
Act.’’. 
(b) REGULATIONS.—The Board shall prescribe the 
regulations required under the amendment made by sub-
section (a) in final form before the end of the 6-month 
period beginning on the date of the enactment of this Act. 
SEC. 3. AMENDMENTS RELATING TO CHECKING ACCOUNT 
CONSUMERS. 
(a) DEPOSITS
AT PROPRIETARY ATMS.—Section 
603(a)(2) of the Expedited Funds Availability Act (12 
U.S.C. 4002(a)(2)) is amended—
(1) in subparagraphs (B)(ii) and (C)(ii), by in-
serting ‘‘or is deposited at a proprietary ATM’’ be-
fore the semicolon at the end of each such subpara-
graph; and
(2) in subparagraph (E), by inserting ‘‘, or a 
check deposited at a proprietary ATM,’’ after ‘‘de-
posited in a branch of a depository institution’’. 
(b) LIMITATION ON CERTAIN FEES DURING CHECK 
HOLD PERIOD.—Section 607 of the Expedited Funds 
Availability Act (12 U.S.C. 4006) is amended by adding 
at the end the following new subsection: 
‘‘(f) LIMITATION ON CERTAIN FEES DURING CHECK 
HOLD PERIOD.—If a receiving depository institution has 
received a provisional or final settlement with respect to 
a check deposited in an account at the depository institu-
tion and such depository institution has not yet made the 
proceeds of the deposit available to the accountholder, the 
receiving depository institution may not assess any fee for 
an overdraft, or any fee associated with the payment of 
an overdraft, that would not have occurred if such funds 
so deposited were available.’’. 
(c) CREDITS REQUIRED TO BE POSTED BEFORE 
DEBITS.—Section 607 of the Expedited Funds Avail-
ability Act (12 U.S.C. 4006) is amended by inserting after 
subsection (f) (as added by subsection (b) of this section) 
the following new subsection: 
‘‘(g) ORDER OF POSTING.—In the process of posting 
credits and debits against a checking account used pri-
marily for personal, family, or household purposes after
the close of any business day, the receiving depository in-
stitution shall credit all deposits to the account before deb-
iting any check drawn on the account and presented to 
the depository institution for payment.’’. 
(d) SATURDAYS MAY BE TREATED AS BUSINESS 
DAYS.—Section 602(3) of the Expedited Funds Avail-
ability Act (12 U.S.C. 4001(3)) is amended by adding at 
the end the following new sentence: ‘‘For purposes of this 
title, however, Saturday shall be treated as a business day 
in the calculation of any period within which funds depos-
ited in an account at a receiving depository institution are 
required be made available under this title, if with respect 
to checks received by the depository institution for which 
it is the originating institution, the depository institution 
debits accounts on Saturdays for such checks.’’. 
(e) REDUCTION IN CHECK HOLDS FOR NONLOCAL 
CHECK DEPOSITS.—Section 603(b)(2) of the Expedited 
Funds Availability Act (12 U.S.C. 4002(b)(2)) is amended 
by striking ‘‘not more than 4 business days shall intervene 
between’’ and inserting ‘‘funds shall be made available on 
the 2nd business day after’’. 
(f) ADJUSTMENT FOR INFLATION FOR LARGE CHECK 
LIMITATION.—
(1) IN GENERAL.—Section 604(a)(3) of the Ex-
pedited 
Funds 
Availability 
Act 
(12 
U.S.C.
4003(a)(3)) is amended by striking ‘‘$5,000’’ each 
place such term appears and inserting ‘‘$7,500’’. 
(2) CLERICAL
AMENDMENT.—The paragraph 
heading for section 604(a)(3) of the Expedited 
Funds Availability Act is amended by striking 
‘‘$5,000’’ and inserting ‘‘$7,500’’. 
(g) ADJUSTMENT
FOR
SMALL
DEPOSIT
AVAIL-
ABILITY.—
(1) IN GENERAL.—Section 603(a)(2)(D) of of 
the Expedited Funds Availability Act (12 U.S.C. 
4002(a)(2)(D)) is amended by striking ‘‘$100’’ and 
inserting ‘‘$500’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The heading for subparagraph (C) of sec-
tion 603(b)(3) of the Expedited Funds Availability 
Act (12 U.S.C. 4002(b)(3)(C)) is amended by strik-
ing ‘‘$100 AVAILABILITY’’ and inserting ‘‘COORDINA-
TION WITH OTHER AMOUNT AVAILABLE’’. 
(h) FEES FOR SERVICES NOT REQUESTED.—Section 
607 of the Expedited Funds Availability Act (12 U.S.C. 
4006) is amended by inserting after subsection (g) (as 
added by subsection (c) of this section) the following new 
subsection: 
‘‘(h) FEES FOR SERVICES NOT REQUESTED.—No de-
pository institution may impose any fee for paying any
check drawn on an account in spite of a lack of sufficient 
funds in the account to pay such check or any similar ac-
tivity (commonly referred to as ‘bounce protection’) unless 
the accountholder has affirmatively requested such serv-
ice.’’. 
(i) CLARIFICATION OF PREEMPTION.—Section 608 of 
the Expedited Funds Availability Act (12 U.S.C. 4007) 
is amended—
(1) in subsection (b)—
(A) by inserting ‘‘or (c)’’ after ‘‘subsection 
(a)’’; and 
(B) by inserting ‘‘, but only to the extent 
of any such inconsistency’’ before the period at 
the end; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) CLARIFICATION OF INCONSISTENCY.—A State 
law shall not be construed as inconsistent with this title, 
or any regulation prescribed under this title, if the protec-
tion such law affords the consumer by such law is greater 
than the protection afforded by this title. For purposes 
of determining congressional intent with respect to pre-
emption, the purpose of this title shall be construed to be 
the establishment of a minimum basis of protection for
the consumer and not the creation of a uniform national 
rule.’’. 
SEC. 4. RECREDIT FOR ALL CONSUMERS UNLESS SUB-
STITUTE CHECKS ARE PROVIDED WITHOUT 
COST UPON REQUEST. 
Section 7(b) of the Checking for the 21st Century 
Act (12 U.S.C. 5006(b)) is amended by adding at the end 
the following new paragraph: 
‘‘(3) FEES FOR SUBSTITUTE CHECKS.—If any 
bank that holds the account of a consumer imposes 
any fee for producing a copy of a substitute check 
for such consumer with respect to such account, the 
expedited recredit process established under this sec-
tion shall be available for all charges initiated by 
check against any such account regardless of wheth-
er a substitute check was involved or was provided 
to the consumer.’’.
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