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TREAS/FMS RIN: 1510-AA56 Publication ID: Fall 1996 
Title: ●Management of Federal Agency Disbursements 
Abstract: Public Law 104-134 amended 12 USC 3332 to require Federal agencies to convert all Federal payments (other than payments under the Internal Revenue Code) from checks to electronic funds transfer in two phases. On July 26, 1996, an interim rule was published to implement the provisions of section 3332 that took effect on that date. An NPRM will be published in the spring of 1997 to implement the provisions of section 3332 that take effect in January 1999. 
Agency: Department of the Treasury(TREAS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 31 CFR 208   
Legal Authority: 5 USC 301    31 USC 321    31 USC 3301    31 USC 3302    31 USC 3321    31 USC 3325    31 USC 3327    31 USC 3328    31 USC 3332    31 USC 3335    31 USC 6503   
Legal Deadline:
Action Source Description Date
Final  Statutory    01/00/1999 

Statement of Need: Section 31001(x) of the Debt Collection Improvement Act of 1996 (Act) requires Federal agencies to convert from checks to electronic funds transfers (EFT) in two phases. During Phase 1, which began on July 26, 1996, all recipients of Federal payments (other than payments under the Internal Revenue Code of 1986) who become eligible to receive those payments on or after July 26, 1996, must receive them electronically unless the recipient certifies that the recipient does not have an account at a financial institution or authorized payment agent. Phase 2 covers the conversion from checks to EFT for all Federal payments (except payments under the Internal Revenue Code of 1986). The Act provides, subject to waivers that may be granted by the Secretary of the Treasury, that all Federal payments made after January 1, 1999, must be made by EFT. FMS issued an interim rule to implement the Phase 1 requirements. FMS plans to publish a notice of proposed rulemaking and final rule in 1997 to provide necessary guidance to agencies redarding implementation of Phase 2.

Summary of the Legal Basis: Section 31001(x) of the Act amends 31 U.S.C. to require Federal agencies to convert from paper-based payment methods to EFT in two phases under regulations prescribed by the Secretary of the Treasury.

Alternatives: FMS is evaluating options for implementing the Secretary's authority to grant waivers from the EFT requirements.

Anticipated Costs and Benefits: Costs for implementing the regulation include the collection of information about the financial institution to which EFT payments will be transmitted. This information collection is required by the Act. Cost savings will accrue to the Government from the elimination of Federal payments by paper checks.

Risks: Not applicable.

Timetable:
Action Date FR Cite
Interim Final Rule  07/26/1996  61 FR 39254   
Interim Rule Comment Period End  11/25/1996    
NPRM  12/00/1997    
Final Action  12/00/1997    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Included in the Regulatory Plan: Yes 
Agency Contact:
Aurora Kassalow
Financial Program Specialist
Department of the Treasury
Financial Management Service
Room 420, 401 14th Street SW.,
Washington, DC 20227
Phone:202 874-5742