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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
210.2d, the enforcement provisions of the Operating Rules & Guidelines are inapplicable to Federal agencies.

Better facilitate the use of electronic and oral Written Statements of Unauthorized Debit.

Reversals The 2021 Operating Rules &
Guidelines also clarify the proper circumstances under which an ACH
entry may be reversed. Currently, the Operating Rules & Guidelines define a limited number of permissible reasons for reversing entries; however, they do not explicitly address improper uses of reversals. The amendments to the Operating Rules & Guidelines will specifically state that the initiation of reversing entries or files for any reason other than those explicitly permissible under the Operating Rules & Guidelines is prohibited and define non-exclusive examples of circumstances in which the origination of Reversals is improper.
The reversals rule will also establish additional formatting requirements for reversals; limit the ability to modify the contents of other fields in a reversing entry to allow changes only to the extent necessary to facilitate proper processing of the reversal; explicitly permit an RDFI to return an improper reversal;
and expand the permissible reasons for a Reversing Entry to include an error in the effective entry date.
The Fiscal Service proposes to adopt this rule. The rule will clarify the circumstances under which entries can be reversed and assist in the efficient processing of ACH transactions involving the Federal Government.

Standing Authorizations
Meaningful Modernization The 2021 Operating Rules &
Guidelines also contain five amendments that Nacha characterizes as Meaningful Modernization. These five amendments are designed to improve and simplify the ACH user experience by facilitating the adoption of new technologies and channels for the authorization and initiation of ACH
payments; reducing barriers to use of the ACH Network; providing clarity and increasing consistency around certain ACH authorization processes; and reducing certain administrative burdens related to ACH authorizations.
Specifically, the five rules will:
Explicitly define the use of standing authorizations for consumer ACH
debits;
Define and allow for oral authorization of consumer ACH debits beyond telephone calls;
Clarify and provide greater consistency of ACH authorization standards across payment initiation channels;
Reduce the administrative burden of providing proof of authorization; and
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The current authorization framework for consumer ACH debits encompasses recurring and single payments.
Recurring payments occur at regular intervals, with no additional action required by the consumer to initiate the payment and are for the same or a similar amount. A single entry is a onetime payment and can be between parties that have no previous relationship. ACH Originators that have, or want to use, a different model for ongoing commerce do not have specific rules for payments that are a hybrid, falling somewhere in between recurring and single entries.
This rule change will define a Standing Authorization as an advance authorization by a consumer of future debits at various intervals. The consumer would initiate the future debits by additional actions, which differs from the requirements for recurring ACH transactions. The rule will allow the use of different Standard Entry Class codes. By allowing standing authorizations, Nacha proposes to fill the gap between single and recurring payments and enable businesses and consumers to make more flexible payment arrangements for relationships that are ongoing in nature.
The Fiscal Service proposes adoption of the amendment. The Fiscal Service believes that the Standing Authorization rule may increase options for initiating ACH transactions with the Federal Government. Although the Federal Government is not required to engage in Standard Authorizations, adoption of this rule would allow agencies to adopt new payment processes that better fit their needs, and the need of their customers.
Oral Authorizations The current authorization language in the Operating Rules & Guidelines does not provide for oral authorizations of an ACH payment outside of a telephone call. Only the Telephone-Initiated Entry TEL Standard Entry Class Code has requirements to address the risks specific to an oral authorization.
The Oral Authorizations rule will define and allow Oral Authorizations as a valid authorization method for consumer debits distinct from a telephone call. Nacha asserts that enabling the broader use of Oral Authorizations will allow businesses to adopt ACH payments in transactional settings that make use of verbal
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interactions and voice-related technologies.
Under the rule, any oral authorization obtained via any channel will need to meet the requirement of an oral authorization. An oral authorization obtained over the internet that is not a telephone call also will need to meet the risk and security requirements that currently apply to internet-Initiated/
Mobile VEB ACH entries. The rule will allow for standing authorizations to be obtained orally. In addition, the rule will allow for subsequent entries initiated under a standing authorization to be initiated through voice commands, instructions, or affirmations.
The Fiscal Service proposes adoption of the amendment. The Fiscal Service believes that the Oral Authorization rule may increase options for initiating efficient ACH transactions with the Federal Government.
Other Authorization Issues The 2021 Operating Rules &
Guidelines also include rules changes grouped as Other Authorization Issues, which cover other modifications and reorganizations of the general authorization rules for clarity, flexibility, and consistency.
The rule will re-organize the general authorization rules to better incorporate Standing Authorizations, Oral Authorizations, and other changes. In addition, the amended rule will explicitly state that authorization of any credit entry to a consumer account and any entry to a non-consumer account can be by any method allowed by law or regulation. Only consumer debit authorizations require a writing that is signed or similarly authenticated. The amended rule also will require all authorizations to meet the standards of readily identifiable and clear and readily understandable terms, which aim to reduce the incidence of erroneous transactions. Finally, the rule will apply the minimum data element standards that currently are only stated in the rules for Telephone-Initiated Entries to all consumer debit authorizations.
The Fiscal Service proposes adoption of the amendments. The Fiscal Service believes that these rule amendments will benefit the Federal Government and those who participate in ACH
transactions with it. By adopting these amendments, the Federal Government will remain current with standard industry practice and benefit from the increased flexibility afforded by the authorization rules.

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