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United States · Bill · HR

H.R. 28 (100th)

Expedited Funds Availability Act

openUnited States· United States Congress· EN

Introduced

6 January 1987

Last action

10 August 1987 · Committee

Status

See H.R.27.

Sponsors

Rep. St Germain, Fernand J. [D-RI-1], Rep. Kildee, Dale E. [D-MI-7], Rep. Garcia, Robert [D-NY-18], Rep. Annunzio, Frank [D-IL-11], Rep. Roemer, Buddy [D-LA-4], Rep. Kleczka, Gerald D. [D-WI-4], Rep. Oakar, Mary Rose [D-OH-20], Rep. Bereuter, Doug [R-NE-1], Rep. Wortley, George C. [R-NY-27], Rep. Ackerman, Gary L. [D-NY-7], Rep. Gonzalez, Henry B. [D-TX-20], Rep. Smith, Lawrence [D-FL-16], Rep. Guarini, Frank J. [D-NJ-14], Rep. Dellums, Ronald V. [D-CA-8], Rep. Vento, Bruce F. [D-MN-4], Rep. Lehman, William [D-FL-13], Rep. Owens, Major R. [D-NY-12], Rep. Saxton, Jim [R-NJ-13], Rep. Kastenmeier, Robert W. [D-WI-2], Rep. Manton, Thomas J. [D-NY-9], Del. Fauntroy, Walter E. [D-DC-At Large], Rep. Stokes, Louis [D-OH-21], Rep. Henry, Paul B. [R-MI-5], Rep. Biaggi, Mario [D-NY-10], Rep. Atkins, Chester G. [D-MA-5], Rescom. Fuster, Jamie B. [D-PR-At Large], Rep. Oberstar, James L. [D-MN-8], Rep. Fascell, Dante B. [D-FL-15], Rep. Swindall, Patrick L. [R-GA-4], Rep. McCollum, Bill [R-FL-5], F. SENSENBRENNER, Rep. Downey, Thomas J. [D-NY-2], Rep. McKinney, Stewart B. [R-CT-4], SANDER LEVIN, Rep. Weiss, Ted [D-NY-17], Rep. Hayes, Charles A. [D-IL-1], Rep. Hawkins, Augustus F. [D-CA-29], Rep. Leach, James A. [R-IA-1], Rep. McGrath, Raymond J. [R-NY-5], Rep. Rangel, Charles B. [D-NY-19], Rep. Roybal, Edward R. [D-CA-25], Rep. Crockett, George W., Jr. [D-MI-13], Rep. Ford, William D. [D-MI-15], Rep. Mrazek, Robert J. [D-NY-3], Rep. Eckart, Dennis E. [D-OH-11], Rep. Lehman, Richard H. [D-CA-18], Rep. McMillen, Thomas [D-MD-4], Rep. Nelson, Bill [D-FL-11]

Subjects

Discovery layer

Source updated

6 February 2024

Official sourceView documentsShare

Summary

Expedited Funds Availability Act - Requires the Board of Governors of the Federal Reserve System to begin to develop an expedited funds availability system which shall be implemented no later than three years and 90 days after enactment of this Act. Provides that such system shall require that funds deposited in an account of a depository institution by local and in-state checks be available for withdrawal the business day after deposit and that funds deposited by all other checks be available on the fourth business day after deposit. Lists considerations for the Board in establishing such system which include providing for the automated return of unpaid checks, a uniform endorsement standard, and direct notification of nonpayment. Directs the Board to report to the Congress every six months on its actions to implement such system and within two years after enactment of this Act on the effects of temporary schedules for funds availability established under this Act. Establishes specific time limits for funds availability for various types of deposits. Provides for next day availability for cash, the cash portion of a deposit, wire transfers, checks of $100 or less, checks drawn on in-state branches of the receiving depository institution or branches located in the same check processing region, U.S. Treasury checks endorsed only by the payee, State and local treasury checks endorsed only by the payee and deposited in special envelopes at manned branches, cashier's checks, certified checks, teller's checks, and depository checks endorsed only by the payee and deposited in special envelopes at manned branches. Sets forth a schedule, to be terminated upon implementation of the expedited funds availability system, providing that: (1) checks drawn on local originating depository institutions shall be available on the third business day after deposit during the one-year period beginning 90 days after enactment of this Act and on the second business day after deposit during the subsequent two years; and (2) checks drawn on nonlocal originating depository institutions shall be available for withdrawal on the seventh business day after deposit. Authorizes the Board to make certain adjustments in such time limits. Sets forth time limit exceptions and special time limits which shall apply: (1) to new accounts, deposits by checks in excess of $5,000, checks redeposited after being returned, repeated overdrafts, and foreign checks; and (2) under specified emergency conditions. Authorizes the Board to suspend the applicability of this Act to any classification of checks directly associated with an unacceptable level of losses due to check-related fraud. Requires the Board to transmit a report justifying any suspension to specified congressional committees. Prohibits any depository institution from freezing funds in an account because other funds deposited in such account by check are not yet available for withdrawal pursuant to this Act. Directs each institution to inform employees of, and ensure employee compliance with, the requirements of this Act. Provides that State laws providing for shorter time periods for the availability of funds deposited in a State-chartered institution shall supersede this Act and shall apply to all federally insured depository institutions located in such State. Requires interest to accrue on funds deposited in an interest-bearing account of an institution beginning on the business day on which the institution receives provisional credit for such funds. Requires a depository institution to meet specified disclosure requirements concerning its general policy on the availability for withdrawal of funds deposited by check. Authorizes the Board to publish model disclosure forms and clauses for common transactions. Directs the Board to establish a Payments System Advisory Council to advise and consult with the Board in the exercise of the Board's functions under this Act. Declares that this Act supersedes State law, including the Uniform Commercial Code, except as specified earlier. Sets forth provisions governing: (1) the administrative enforcement of this Act; and (2) the civil liability of institutions that fail to comply with this Act.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 6 January 1987

    Referred

    Referred to Subcommittee on Financial Institutions Supervision, Regulation and Insurance.

    Source: Committee

  2. 6 January 1987

    Introduced

    Referred to House Committee on Banking, Finance and Urban Affairs.

    Source: IntroReferral

  3. 6 January 1987

    Introduced

    Introduced in House

    Source: IntroReferral

  4. 6 January 1987

    Introduced

    Introduced in House

    Source: IntroReferral

  5. 27 January 1987

    Committee

    Committee Hearings Held.

    Source: Committee

  6. 25 February 1987

    Committee

    Forwarded by Subcommittee to Full Committee (Amended).

    Source: Committee

  7. 25 February 1987

    Committee

    Subcommittee Consideration and Mark-up Session Held.

    Source: Committee

  8. 2 April 1987

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

  9. 2 April 1987

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  10. 10 April 1987

    Calendars

    Placed on Union Calendar No: 41.

    Source: Calendars

  11. 10 April 1987

    Reported

    Reported to House (Amended) by House Committee on Banking, Finance and Urban Affairs. Report No: 100-52.

    Source: Committee

  12. 10 April 1987

    Reported

    Reported to House (Amended) by House Committee on Banking, Finance and Urban Affairs. Report No: 100-52.

    Source: Committee

  13. 5 May 1987

    Vote

    Passed House (Amended) by Yea-Nay Vote: 388 - 5 (Record Vote No: 80).

    Source: Floor

  14. 5 May 1987

    Vote

    Passed/agreed to in House: Passed House (Amended) by Yea-Nay Vote: 388 - 5 (Record Vote No: 80).

    Source: Floor

  15. 5 May 1987

    Floor

    Called up by House Under Suspension of Rules.

    Source: Floor

  16. 6 May 1987

    Introduced

    Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 114.

    Source: Calendars

  17. 5 August 1987

    Floor

    Indefinitely postponed by Senate by Unanimous Consent.

    Source: Floor

  18. 10 August 1987

    Committee

    See H.R.27.

    Source: Committee

Votes

No vote records are attached yet.

Versions

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Documents

3 official files

Sponsors

Showing 48 of 149 sponsors and actors.

Related records

Sources

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