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Comments due on Treasury proposal to amend its ACH Regulation

10/18/2021
Status: 

The Department of the Treasury's Bureau of the Fiscal Service has published a proposed rule [85 FR 46631] in today's Federal Register that would amend its regulations, Federal Government Participation in the Automated Clearing House (31 CFR part 210) to address changes that Nacha has made since the publications of its 2019 Operating Rules & Guidelines, including amendments included in the 2020 and 2021 Operating Rules & Guidelines and their supplements issued on or before March 31, 2021. The Fiscal Service's proposal would adopt Nacha's:

  • Same Day ACH dollar limit increase to $1,000,000 per transaction, effective March 18, 2022
  • differentiation of Return Reason Codes R10 and R11
  • supplemental fraud detection standards for WEB debits
  • 2021 implementation of time limits on an RDFI's ability to make a claim against an ODFI's authorization warranty
  • revised June 30, 2022, effective date of Nacha's data security requirements rule
  • clarification of the proper circumstances under which an ACH entry may be reversed
  • rules on Standing Authorizations
  • expansion of "oral authorizations" to oral authorizations received over any channel (in addition to telephone authorizations)
  • re-organization of its general authorization rules.
  • "Alternative to Proof of Authorization" rule, which allows an ODFI or Originator to agree to accept a return rather than expend time and resources needed to provide proof of authorization
  • Nacha's Written Statement of Unauthorized Debit via Electronic or Oral Methods rule

Fiscal Services proposes not to:

  • adopt Nacha's rules enforcement definition of an "egregious violation," because the enforcement provisions of Nacha's rules are inapplicable to federal agencies
  • participate in Nacha's ACH Contact Registry

Comments on the Fiscal Service's proposed rule will be accepted through October 18, 2021.

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