Click any annotated section or its icon to see analysis.
Referenced Laws
12 U.S.C. 1821(a)(1)
12 U.S.C. 1787(k)(1)
Section 1
1. Short title This Act may be cited as the Payroll Account Guarantee Act of 2023.
Section 2
2. Insurance of transaction accounts Section 11(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)(1)) is amended— in subparagraph (B)— by striking The net amount and inserting the following: Subject to clause (ii), the net amount by adding at the end the following new clauses: For purposes of this subparagraph, the term noninterest-bearing transaction account means a deposit or account maintained at an insured depository institution— with respect to which interest is neither accrued nor paid; on which the depositor or account holder is permitted to make withdrawals by negotiable or transferable instrument, payment orders of withdrawal, telephone or other electronic media transfers, or other similar items for the purpose of making payments or transfers to third parties or others; and on which the insured depository institution does not reserve the right to require advance notice of an intended withdrawal. Notwithstanding clause (i), the Corporation shall fully insure the net amount that any depositor at an insured depository institution with less than $225,000,000,000 in assets maintains in a noninterest-bearing transaction account. Such amount shall not be taken into account when computing the net amount due to such depositor under clause (i). No fee may be levied on an insured depository institution for the insurance under this clause. in subparagraph (C), by striking subparagraph (B) and inserting subparagraph (B)(i). Section 207(k)(1) of the Federal Credit Union Act (12 U.S.C. 1787(k)(1)) is amended— in subparagraph (A)— by striking Subject to the provisions of paragraph (2), the net amount and inserting the following: Subject to clause (ii) and the provisions of paragraph (2), the net amount by adding at the end the following new clauses: For purposes of this subparagraph, the term noninterest-bearing transaction account means an account or deposit maintained at an insured credit union— with respect to which interest is neither accrued nor paid; on which the account holder or depositor is permitted to make withdrawals by negotiable or transferable instrument, payment orders of withdrawal, telephone or other electronic media transfers, or other similar items for the purpose of making payments or transfers to third parties or others; and on which the insured credit union does not reserve the right to require advance notice of an intended withdrawal. Notwithstanding clause (i), the Board shall fully insure the net amount that any member or depositor at an insured credit union maintains in a noninterest-bearing transaction account. Such amount shall not be taken into account when computing the net amount due to such member or depositor under clause (i). No fee may be levied on an insured credit union for the insurance under this clause. in subparagraph (B), by striking subparagraph (A) and inserting subparagraph (A)(i). (i)In generalSubject to clause (ii), the net amount; and (ii)Insurance for noninterest-bearing transaction accounts(I)DefinitionFor purposes of this subparagraph, the term noninterest-bearing transaction account means a deposit or account maintained at an insured depository institution—(aa)with respect to which interest is neither accrued nor paid;(bb)on which the depositor or account holder is permitted to make withdrawals by negotiable or transferable instrument, payment orders of withdrawal, telephone or other electronic media transfers, or other similar items for the purpose of making payments or transfers to third parties or others; and(cc)on which the insured depository institution does not reserve the right to require advance notice of an intended withdrawal. (II)InsuranceNotwithstanding clause (i), the Corporation shall fully insure the net amount that any depositor at an insured depository institution with less than $225,000,000,000 in assets maintains in a noninterest-bearing transaction account. Such amount shall not be taken into account when computing the net amount due to such depositor under clause (i).(III)No feesNo fee may be levied on an insured depository institution for the insurance under this clause.. (i)Net amount of insurance payableSubject to clause (ii) and the provisions of paragraph (2), the net amount; and (ii)Insurance for noninterest-bearing transaction accounts(I)DefinitionFor purposes of this subparagraph, the term noninterest-bearing transaction account means an account or deposit maintained at an insured credit union—(aa)with respect to which interest is neither accrued nor paid;(bb)on which the account holder or depositor is permitted to make withdrawals by negotiable or transferable instrument, payment orders of withdrawal, telephone or other electronic media transfers, or other similar items for the purpose of making payments or transfers to third parties or others; and(cc)on which the insured credit union does not reserve the right to require advance notice of an intended withdrawal. (II)InsuranceNotwithstanding clause (i), the Board shall fully insure the net amount that any member or depositor at an insured credit union maintains in a noninterest-bearing transaction account. Such amount shall not be taken into account when computing the net amount due to such member or depositor under clause (i).(III)No feesNo fee may be levied on an insured credit union for the insurance under this clause..