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12 U.S.C. § 4006 — Miscellaneous provisions

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4006 — Miscellaneous provisions

**(a) After-hours deposits** For purposes of this chapter, any deposit which is made on a Saturday, Sunday, legal holiday, or after the close of business on any business day shall be deemed to have been made on the next business day. **(b) Availability at start of business day** Except as provided in subsections (b)(3) and (c)(1)(B) of [section 4002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4002&num=0&edition=prelim), if any provision of this chapter requires that funds be available for withdrawal on any business day, such funds shall be available for withdrawal at the start of such business day. **(c) Effect on policies of depository institutions** No provision of this chapter shall be construed as— (1) prohibiting a depository institution from making funds available for withdrawal in a shorter period of time than the period of time required by this chapter; or (2) affecting a depository institution’s right— (A) to accept or reject a check for deposit; (B) to revoke any provisional settlement made by the depository institution with respect to a check accepted by such institution for deposit; (C) to charge back the depositor’s account for the amount of such check; or (D) to claim a refund of such provisional credit. **(d) Prohibition on freezing certain funds in an account** In any case in which a check is deposited in an account at a depository institution and the funds represented by such check are not yet available for withdrawal pursuant to this chapter, the depository institution may not freeze any other funds in such account (which are otherwise available for withdrawal pursuant to this chapter) solely because the funds so deposited are not yet available for withdrawal. **(e) Employee training on a

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Source file: Laws/federal/codes/united-states-code/title-12/section-4006-miscellaneous-provisions--64dae39766.md
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Source location: Title 12, Chapter 41, § 4006; chapter-041-expedited-funds-availability.md

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4002 — Expedited funds availability schedules

**(a) Next business day availability for certain deposits** (1) **Cash deposits; wire transfers** — Except as provided in subsection (e) and in [section 4003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4003&num=0&edition=prelim), in any case in which— (A) any cash is deposited in an account at a receiving depository institution staffed by individuals employed by such institution, or (B) funds are received by a depository institution by wire transfer for deposit in an account at such institution, such cash or funds shall be available for withdrawal not later than the business day after the business day on which such cash is deposited or such funds are received for deposit. (2) **Government checks; certain other checks** — Funds deposited in an account at a depository institution by check shall be available for withdrawal not later than the business day after the business day on which such funds are deposited in the case of— (A) a check which— (i) is drawn on the Treasury of the United States; and (ii) is endorsed only by the person to whom it was issued; (B) a check which— (i) is drawn by a State; (ii) is deposited in a receiving depository institution which is located in such State and is staffed by individuals employed by such institution; (iii) is deposited with a special deposit slip which indicates it is a check drawn by a State; and (iv) is endorsed only by the person to whom it was issued; (C) a check which— (i) is drawn by a unit of general local government; (ii) is deposited in a receiving depository institution which is located in the same State as such unit of general local government and is staffed by individuals employed by such institution; (iii) i

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552a — Records maintained on individuals

**(a) Definitions.—** For purposes of this section— (1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title; (2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence; (3) the term “maintain” includes maintain, collect, use, or disseminate; (4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; (5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; (6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim); (7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected; (8) the term “matching program”— (A) means any computerized comparison of— (i) two or more automated systems of records or a system of records with non-Federal records for the purpose

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4001 — Definitions

For purposes of this chapter— (1) **Account** — The term “account” means a demand deposit account or other similar transaction account at a depository institution. (2) **Board** — The term “Board” means the Board of Governors of the Federal Reserve System. (3) **Business day** — The term “business day” means any day other than a Saturday, Sunday, or legal holiday. (4) **Cash** — The term “cash” means United States coins and currency, including Federal Reserve notes. (5) **Cashier’s check** — The term “cashier’s check” means any check which— (A) is drawn on a depository institution; (B) is signed by an officer or employee of such depository institution; and (C) is a direct obligation of such depository institution. (6) **Certified check** — The term “certified check” means any check with respect to which a depository institution certifies that— (A) the signature on the check is genuine; and (B) such depository institution has set aside funds which— (i) are equal to the amount of the check; and (ii) will be used only to pay such check. (7) **Check** — The term “check” means any negotiable demand draft drawn on or payable through an office of a depository institution located in the United States. Such term does not include noncash items. (8) **Check clearinghouse association** — The term “check clearinghouse association” means any arrangement by which participant depository institutions exchange deposited checks on a local basis, including an entire metropolitan area, without using the check processing facilities of the Federal Reserve System. (9) **Check processing region** — The term “check processing region” means the geographical area served by a Federal Reserve bank check processing center or such larger area as the Board may prescrib

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4006 — Miscellaneous provisions

Page 1587 TITLE 12—BANKS AND BANKING § 4006 1 So in original. with the Director of the Bureau of Consumer Financial Protection,,1 or (B) uses any such model form or clause and changes such form or clause by— (i) deleting any information which is not required by this chapter; or (ii) rearranging the format. (3) Voluntary use Nothing in this chapter requires the use of any such model form or clause prescribed by the Board, jointly with the Director of the Bu- reau of Consumer Financial Protection, under this subsection. (4) Notice and comment Model disclosure forms and clauses shall be adopted by the Board, jointly with the Direc- tor of the Bureau of Consumer Financial Pro- tection, only after notice duly given in the Federal Register and an opportunity for public comment in accordance with section 553 of title 5. (Pub. L. 100–86, title VI, § 605, Aug. 10, 1987, 101 Stat. 644; Pub. L. 111–203, title X, § 1086(c), July 21, 2010, 124 Stat. 2086.) Editorial Notes REFERENCES IN TEXT After enactment, referred to in the heading of subsec. (c)(1), probably means after the effective date of this section, which is Sept. 1, 1988. AMENDMENTS 2010—Subsecs. (b), (d)(2). Pub. L. 111–203, § 1086(c)(1), inserted ‘‘, jointly with the Director of the Bureau of Consumer Financial Protection,’’ after ‘‘Board’’. Subsec. (f)(1). Pub. L. 111–203, § 1086(c)(2), inserted ‘‘and Bureau’’ after ‘‘Board’’ in heading. Pub. L. 111–203, § 1086(c)(1), inserted ‘‘, jointly with the Director of the Bureau of Consumer Financial Pro- tection,’’ after ‘‘Board’’. Subsec. (f)(2)(A), (3), (4). Pub. L. 111–203, § 1086(c)(1), inserted ‘‘, jointly with the Director of the Bureau of Consumer Financial Protection,’’ after ‘‘Board’’. Statutory Notes and Related Subsidiaries EFFECTI

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