(Pub. L. 90–321, title IX, § 904, as added Pub. L. 95–630, title XX, § 2001,Nov. 10, 1978, 92 Stat. 3730; amended Pub. L. 104–193, title VIII, § 891, title IX, § 907,Aug. 22, 1996, 110 Stat. 2346, 2350; Pub. L. 106–102, title VII, § 702,Nov. 12, 1999, 113 Stat. 1463; Pub. L. 111–203, title X, §§ 1073(a)(2),
1084(1), (3),July 21, 2010, 124 Stat. 2060, 2081; Pub. L. 112–216, § 1,Dec. 20, 2012, 126 Stat. 1590.)
References in Text
of this title, referred to in subsec. (a)(1), was in the original “section
917”, and was translated as meaning section 918 ofPub. L. 90–321
to reflect the probable intent of Congress and the renumbering of section 917 ofPub. L. 90–321
918 by Pub. L. 111–24
, title IV, § 401,May 22, 2009, 123 Stat. 1751
2012—Subsec. (d)(3)(B). Pub. L. 112–216
, in subpar. heading, substituted “requirement” for “requirements” and, in text, substituted “The notice required under clauses (i) and (ii)” for
“(i) On the machine.—The notice required under clause (i) of subparagraph (A) with respect to any fee described in such subparagraph shall be posted in a prominent and conspicuous location on or at the automated teller machine at which the electronic fund transfer is initiated by the consumer.
“(ii) On the screen.—The notice required under clauses (i) and (ii)”
and struck out “, except that during the period beginning on November 12, 1999, and ending on December 31, 2004, this clause shall not apply to any automated teller machine that lacks the technical capability to disclose the notice on the screen or to issue a paper notice after the transaction is initiated and before the consumer is irrevocably committed to completing the transaction” after “completing the transaction”.
2010—Pub. L. 111–203
, § 1084(1), substituted “Bureau” for “Board” wherever appearing in subsecs. (b) to (d).
Subsec. (a). Pub. L. 111–203
, § 1084(3)(A), substituted “Prescription by the Bureau and the Board” for “Prescription by Board” in heading that had been supplied editorially and substituted initial pars. (1) and (2), relating to the Bureau’s prescription of rules and authority of the Board, for first sentence of former introductory provisions which read as follows: “The Board shall prescribe regulations to carry out the purposes of this subchapter.” Second sentence of former introductory provisions was redesignated as concluding provisions of par. (2) to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 111–203
, § 1073(a)(2), inserted “or remittance transfers” after “electronic fund transfers”.
Subsec. (e). Pub. L. 111–203
, § 1084(3)(B), added subsec. (e).
1999—Subsec. (d)(3). Pub. L. 106–102
added par. (3).
1996—Subsec. (d). Pub. L. 104–193
, § 907, which directed the amendment of subsec. (d), was not executed because of similar amendment by Pub. L. 104–193
, § 891. See below. Section 907 ofPub. L. 104–193
provided that subsec. (d) was to be amended by inserting subsec. (d) heading, by designating existing provisions as par. (1) and inserting heading, and by adding a new par. (2) reading as follows:
“(2) State and local government electronic benefit transfer programs.—
“(A) Exemption generally.—The disclosures, protections, responsibilities, and remedies established under this subchapter, and any regulation prescribed or order issued by the Board in accordance with this subchapter, shall not apply to any electronic benefit transfer program established under State or local law or administered by a State or local government.
“(B) Exception for direct deposit into recipient’s account.—Subparagraph (A) shall not apply with respect to any electronic funds transfer under an electronic benefit transfer program for deposits directly into a consumer account held by the recipient of the benefit.
“(C) Rule of construction.—No provision of this paragraph may be construed as—
“(i) affecting or altering the protections otherwise applicable with respect to benefits established by Federal, State, or local law; or
“(ii) otherwise superseding the application of any State or local law.
“(D) Electronic benefit transfer program defined.—For purposes of this paragraph, the term ‘electronic benefit transfer program’—
“(i) means a program under which a government agency distributes needs-tested benefits by establishing accounts to be accessed by recipients electronically, such as through automated teller machines, or point-of-sale terminals; and
“(ii) does not include employment-related payments, including salaries and pension, retirement, or unemployment benefits established by Federal, State, or local governments.”
Pub. L. 104–193
, § 891, designated existing provisions as par. (1), inserted subsec. heading and par. (2), and substituted “If” for “In the event that”.
Effective Date of 2010 Amendment
Amendment by section 1073(a)(2) ofPub. L. 111–203
effective 1 day after July 21, 2010, except as otherwise provided, see section 4 ofPub. L. 111–203
, set out as an Effective Date note under section
, Banks and Banking.
Amendment by section 1084(1), (3) ofPub. L. 111–203
effective on the designated transfer date, see section 1100H ofPub. L. 111–203
, set out as a note under section
, Government Organization and Employees.