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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules able to resubmit the underlying ACH
transaction without obtaining a new authorization.3
We propose to adopt this change.
Doing so will allow the Fiscal Service to remain consistent with industry practice, allowing for consistent operation across the ACH network.
Moreover, using the R11 return code will provide greater insight into the reasons for the return of certain transactions.
Supplemental Fraud Detection Standards for WEB Debits The Fiscal Service previously adopted Nachas updated fraud detection standards for WEB debit transactions.4
Fiscal Service adopted this change with a delayed effective date of March 22, 2022.5 The updated rule clarifies that Nacha requirements for a commercially reasonable fraudulent transaction detection system include the use of account validation services for WEB
debit transactions. We propose to adopt the updated rule, which is noncontroversial.
B. 2021 Operating Rules & Guidelines Changes The 2021 Operating Rules &
Guidelines implement several additional changes beyond those in the 2020 Operating Rules & Guidelines.
These changes include, but are not limited to, clarifying certain portions of the enforcement provisions of the Operating Rules & Guidelines, implementing a new Same Day ACH
processing window, implementing a second phase of Nachas return code rule, establishing a time limit on certain warranty claims, and implementing Nachas contact registry.

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Enforcement The 2021 Operating Rules &
Guidelines defines an egregious violation within the context of rules enforcement.
We are proposing to not adopt this amendment. Under 31 CFR 210.2d, the enforcement provisions of the Operating Rules & Guidelines are inapplicable to Federal agencies.
Differentiating Unauthorized Return Reasons As discussed above, Nacha repurposed the R11 Return Reason code to further differentiate between certain 3 Some
transaction errors, such as errors due to the failure to provide certain notices or the failure to use an acceptable source document, cannot be corrected. In those cases, the Originator will be required to submit a new ACH entry.
4 See 85 FR 15,715 Mar. 19, 2020.
5 Id.

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returned debit ACH transactions. The 2021 Operating Rules & Guidelines implements a second phase of this rule change, which will apply Nachas existing Unauthorized Entry Fee to ACH
debit entries that are returned with the newly repurposed code. As noted above, these transactions are associated with an authorization of a debit transaction when there is an error or defect in the payment such that the entry does not conform to the terms of the authorization.
The Fiscal Service proposes to adopt this rule change. Adoption of this change maintains consistency with other ACH Network participants and creates additional incentives them to minimize the amount of unauthorized or incorrectly authorized ACH
transactions.
Limitation on Warranty Claims Nachas 2021 Operating Rules &
Guidelines impose time limits on an RDFIs ability to make a claim against an ODFIs authorization warranty.
The Operating Rules & Guidelines require an ODFI to warrant that an ACH
entry has been properly authorized by the Receiver. Under the prior rules, there was no time limit on the ODFIs warranties. Instead, these limits were determined by state statutes of limitations, which may vary.
The change sets forth different time periods, depending upon whether the transaction affects consumer and nonconsumer accounts. This rule allows an RDFI to make a claim for one year from the settlement date of an entry to a nonconsumer account. In the case of an entry to a consumer account, the RDFI
may make a claim for two years from the entrys Settlement Date. In addition, the RDFI can make a claim for entries settling within 95 calendar days from the Settlement Date of the first unauthorized debit to a consumer account.
The Fiscal Service proposes to adopt this rule change. Adoption will reduce the number of claims for older transactions, although liability in some instances may be shifted to the Federal Government. On balance, the Federal Government may benefit from uniform time limits that allow the opportunity to assert warranty claims when applicable, while also establishing firm time limits for asserting and defending claims.
Supplementing Data Security Requirements Nacha previously expanded its Data Security Requirements rule, which the Fiscal Service adopted,6 but in the 2021
6 See
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85 FR 15,715 Mar. 19, 2020.

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Operating Rules & Guidelines Nacha updated the effective date of part of this rule to be June 30, 2022. The rule expanded the existing ACH Security Framework to explicitly require large, non-financial institution Originators, Third-Party Service Providers, and Third-Party Senders to protect account numbers used in the initiation of ACH
entries by rendering them unreadable when stored electronically.
The Fiscal Service proposes to adopt the new effective date. The Fiscal Service continues to support the expansion of existing security requirements to require large nonfinancial institution Originators to protect account numbers used to initiate ACH transactions by rendering them unreadable while stored electronically.
ACH Contact Registry In April 2019, Nacha approved a rule creating an ACH contact registry. Under this rule, all ACH financial institutions are required to register contact information for their ACH operations and fraud and/or risk management areas. Financial institutions may voluntarily register contacts for additional personnel or departments at their discretion. The contact information is available to other registered ACH participating financial institutions, Payments Associations, ACH Operators, and Nacha to use in the event of ACH-related system outages, erroneous payments, duplicates, reversals, fraudulent payments and any other use within scope, such as identifying the proper contact for letters of indemnity. The contact information includes Routing and Transit Numbers RTNs.
Nacha is implementing the ACH
Contact Registry rule in two phases.
Phase 1 became effective on July 1, 2020, the date on which the registration portal was opened for Participating Depository Financial Institutions to begin to submit and query contact information. Under Phase 2, Nachas enforcement authority for the Rule becomes effective.
We are proposing to not adopt this amendment. Although, participation in the registry can be expected to provide some benefits to the industry, all Federal Government RTNs are controlled by Treasury through the Fiscal Service. Fiscal Service prohibits debit origination to all Treasurycontrolled ACH RTNs. To mitigate the risk of inappropriate use of any Treasury RTNs, Treasury prohibits their publication. Joining the registry will unnecessarily expose Treasury RTNs to parties without a need to know that information. Moreover, under 31 CFR

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