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TREAS/FMS RIN: 1510-AA56 Publication ID: Fall 1997 
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 (EFT) in two phases. First, persons who become eligible for Federal payments on or after July 26, 1996 are to receive those payments by EFT. The first phase was implemented by interim regulations published that date. Second, persons who were receiving Federal payments before July 26, 1996 will receive those payments by EFT beginning January 2, 1999. A notice of proposed rulemaking to implement phase two was published on September 16, 1997. 
Agency: Department of the Treasury(TREAS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 31 CFR 208   
Legal Authority: 5 USC 301    31 USC 321    31 USC 3301-2    31 USC 3321    31 USC 3325    31 USC 3327-8    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 (DCIA) amended 31 U.S.C. 3332 to require Federal agencies to convert all Federal payments (other than payments under the Internal Revenue Code) from checks to electronic funds transfer (EFT) in two phases. Phase one began July 26, 1996; all recipients who become eligible to receive Federal payments on or after that date are required to receive such payments by EFT unless the recipient certifies in writing that the recipient does not have an account at a financial institution or authorized payment agent. The Financial Management Service issued an interim rule on July 26, 1996 to implement these requirements. ^PPhase two begins for payments made after January 1, 1999. The DCIA provides that, subject to the authority of the Secretary of the Treasury to grant waivers, all Federal payments (other than payments under the Internal Revenue Code) made after that date must be made by EFT. After a 90-day public comment period for the proposed rule, FMS will issue final regulations to implement the requirements that take effect after January 1, 1999.

Summary of the Legal Basis: Section 31001(x) of the DCIA amends 31 U.S.C. 3332 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 and benefits of converting from paper checks to EFT are directly imposed by the underlying statute and are not attributable to the implementing regulations.

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  09/16/1997  62 FR 48714   
NPRM Comment Period End  12/16/1997    
Final Action  03/00/1998    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Included in the Regulatory Plan: Yes 
Agency Contact:
Cynthia L. Johnson
Director, Cash Management Policy and Planning Division
Department of the Treasury
Financial Management Service
Room 420, 401 14th Street SW.,
Washington, DC 20227
Phone:202 874-6657