§ 1834. Reduced assessment rate for deposits attributable to lifeline accounts

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(a)Qualification of lifeline accounts

(1)In general The Comptroller of the Currency and the Federal Deposit Insurance Corporation shall establish minimum requirements for accounts providing basic transaction services for consumers at insured depository institutions in order for such accounts to qualify as lifeline accounts for purposes of this section and section 1817(b)(2)(E) of this title.

(2)Factors to be considered In determining the minimum requirements under paragraph

(1)for lifeline accounts at insured depository institutions, the Corporation shall consider the following factors:

(A)Whether the account is available to provide basic transaction services for individuals who maintain a balance of less than $1,000 or such other amount which the Comptroller may determine to be appropriate.

(B)Whether any service charges or fees to which the account is subject, if any, for routine transactions do not exceed a minimal amount.

(C)Whether any minimum balance or minimum opening requirement to which the account is subject, if any, is not more than a minimal amount.

(D)Whether checks, negotiable orders of withdrawal, or similar instruments for making payments or other transfers to third parties may be drawn on the account.

(E)Whether the depositor is permitted to make more than a minimal number of withdrawals from the account each month by any means described in subparagraph

(D)or any other means.

(F)Whether a monthly statement itemizing all transactions for the monthly reporting period is made available to the depositor with respect to such account or a passbook is provided in which all transactions with respect to such account are recorded.

(G)Whether depositors are permitted access to tellers at the institution for conducting transactions with respect to such account.

(H)Whether other account relationships with the institution are required in order to open any such account.

(I)Whether individuals are required to meet any prerequisite which discriminates against low-income individuals in order to open such account.

(J)Such other factors as the Corporation may determine to be appropriate.

(3)Definitions For purposes of this subsection—

(A)Comptroller The term “Comptroller” means the Comptroller of the Currency.

(B)Corporation The term “Corporation” means the Federal Deposit Insurance Corporation.

(C)Insured depository institution The term “insured depository institution” has the meaning given to such term in section 1813(c)(2) of this title.

(D)Lifeline account The term “lifeline account” means any transaction account (as defined in section 461(b)(1)(C) of this title) which meets the minimum requirements established by the Corporation under this subsection.

(b)Omitted

(c)Availability of funds The provisions of this section shall not take effect until appropriations are specifically provided in advance. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.

(Pub. L. 102–242, title II, § 232, Dec. 19, 1991, 105 Stat. 2308; Pub. L. 102–550, title XVI, §§ 1604(b)(1), 1605(a)(3), Oct. 28, 1992, 106 Stat. 4083, 4085; Pub. L. 102–558, title III, §§ 303(b)(1), (4), 305, Oct. 28, 1992, 106 Stat. 4224–4226; Pub. L. 104–208, div. A, title II, § 2704(d)(16), Sept. 30, 1996, 110 Stat. 3009–495; Pub. L. 109–171, title II, § 2102(b), Feb. 8, 2006, 120 Stat. 9; Pub. L. 109–173, § 3(a)(9), Feb. 15, 2006, 119 Stat. 3606; Pub. L. 111–203, title III, § 353, July 21, 2010, 124 Stat. 1546.)

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