[Federal Register Volume 64, Number 142 (Monday, July 26, 1999)]
[Rules and Regulations]
[Pages 40484-40491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18919]



[[Page 40483]]

_______________________________________________________________________

Part V





Department of the Treasury





_______________________________________________________________________



Fiscal Service



_______________________________________________________________________



31 CFR Parts 315, 353, 357, and 370



Regulations Governing U.S. Savings Bonds, U.S. Savings Notes; Book-
Entry Treasury Bonds, Notes and Bills; and Electronic Transactions and 
Funds Transfers Related to U.S. Securities; Final Rule

  Federal Register / Vol. 64, No. 142 / Monday, July 26, 1999 / Rules 
and Regulations  

[[Page 40484]]



DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Parts 315, 353, 357, and 370


Regulations Governing U.S. Savings Bonds, Series A, B, C, D, E, 
F, G, H, J, and K, and U.S. Savings Notes; Regulations Governing United 
States Savings Bonds, Series EE and HH; Regulations Governing Book-
Entry Treasury Bonds, Notes and Bills; and Electronic Transactions and 
Funds Transfers Related to U.S. Securities

AGENCY: Bureau of the Public Debt, Fiscal Service, Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We're publishing a final rule on electronic transactions and 
funds transfers relating to United States securities. In particular, 
we've eliminated redundant provisions that address our use of Automated 
Clearing House entries.

DATES: Effective July 26, 1999.

ADDRESSES: You can download this
final rule at the following World
Wide Web address:
<http://www.publicdebt.treas.gov>. You may also inspect and copy this 
final rule at: Treasury Department Library, Freedom of Information Act 
(FOIA) Collection, Room 5030, Main Treasury Building, 1500 Pennsylvania 
Ave., NW, Washington, DC 20220. Before visiting, you must call (202) 
622-0990 for an appointment.

FOR FURTHER INFORMATION CONTACT:
 Wallace L. Earnest, Director, Division of Staff Services, 
Savings Bond Operations Office, Bureau of the Public Debt, at (304) 
480-6319 or <[email protected]>
 Maureen Parker, Director, Division of Securities Systems, 
Office of Securities and Accounting Services, Bureau of the Public 
Debt, at (304) 480-7761 or <[email protected]>
 Susan J. Klimas, Attorney-Adviser, Office of the Chief 
Counsel, Bureau of the Public Debt, at (304) 480-3688 or 
<[email protected]>
 Gregory J. Till, Attorney-Adviser, Office of the Chief 
Counsel, Bureau of the Public Debt, at (202) 219-3320 or 
<[email protected]>
 Edward C. Gronseth, Deputy Chief Counsel, Bureau of the Public 
Debt, at (304)480-3688 or <[email protected]>
SUPPLEMENTARY INFORMATION:

I. Background

    On November 20, 1998, we published a final rule in the Federal 
Register (63 FR 64543). The final rule amended the regulations at 31 
CFR part 370 that governed the transfer of funds on account of United 
States securities. In particular, the final rule provided for the use 
of Automated Clearing House (ACH) debit entries for the sale of savings 
bonds. At the time, we made no attempt to consolidate these provisions 
with other debit entry provisions already in 31 CFR part 370.
    This final rule consolidates the previously separate debit entry 
provisions in 31 CFR part 370. We've also eliminated redundant credit 
entry provisions that were found in 31 CFR parts 315, 353, and 357, in 
favor of unified provisions in part 370. We've also rewritten part 370 
in plain language.

II. Summary of Amendments in 31 CFR Part 370

Subpart A--General Information

What Special Terms Do I Need To Know To Understand This Part? 
(Sec. 370.1)

    We've made several changes to this section. We've amended the 
definition of ``electronic signature'' to be consistent with the 
definition given by Congress in the Government Paperwork Elimination 
Act, or title XVII of Public Law 105-277 (October 21, 1998). Congress 
passed this act to facilitate the use and acceptance of electronic 
signatures by executive agencies. Consistent with the Act, the final 
rule defines an electronic signature as a signature of an electronic 
message that:
    (1) identifies and authenticates a particular person as the source 
of the electronic message; and
    (2) indicates such person's approval of the information contained 
in the electronic message.
    The definition of ``investor account'' mirrors that which we will 
use in an upcoming revision to the TreasuryDirect regulations in 31 CFR 
part 357. We've amended the definition of ``payment'' for greater 
accuracy. In addition, we've added definitions of ``we'' and ``you.'' 
We've added these definitions, as well as slightly revised a handful of 
other definitions, to help us write this final rule in plain language.

Subpart B--Credit ACH Entries

How Can I Appoint a Financial Institution To Receive Payments on My 
Behalf? (Sec. 370.5)

    This section has been amended to require that you name a financial 
institution and deposit account to receive payments through the ACH 
method, using an approved form. The former section (b) has been moved 
to 370.15, relating to limitations on liability.

What Requirements Apply to a Financial Institution That Handles a 
Credit Entry? (Sec. 370.6)

    This section has been amended by eliminating unnecessary 
provisions, and by adding a provision that a financial institution, by 
accepting and handling a credit entry initiated by us, agrees to comply 
with the Operating Rules of the National Automated Clearing House 
Association (NACHA Rules), as modified by our regulations.

Are There Any Requirements Related to a Prenotification Entry? 
(Sec. 370.8)

    This section is amended to provide that we may, in our discretion, 
send a prenotification message before we send a credit entry or 
whenever there is a change in the payment instructions. Paragraph (b) 
requires that the financial institution respond to prenotification 
messages within the time frame of the National Automated Clearing House 
Association (NACHA). If the financial institution does not respond to a 
prenotification message, we may interpret the nonresponsiveness as 
agreement to this subpart, and that the deposit account information 
contained in the prenotification message is accurate.

How Can My Payment Instructions Be Changed? (Sec. 370.9)

    This section provides that payment instructions will continue until 
you or your financial institution asks us to change them.

What Can Cause My Payments To Be Suspended? (Sec. 370.10)

    This section is amended to provide that payments will be suspended 
if we receive notice that your deposit account has been closed, that 
someone named on your account is dead or has been declared legally 
incompetent, that there is a change in the title of your deposit 
account which alters your interest, or if a corporation has been 
dissolved. In addition, we will suspend payments if there are changes 
in the status of the bond, security, or investor account. Payments will 
continue in suspension until we receive evidence satisfactory to us as 
to who is entitled to receive payments.

What Must My Financial Institution Do When It Receives a Payment? 
(Sec. 370.11)

    This former Sec. 370.10 is redesignated as Sec. 370.11.

[[Page 40485]]

What Happens if an Error Is Made in a Credit Entry, or if a Duplicate 
Credit Entry Is Made? (Sec. 370.12)

    This former Sec. 370.11 is redesignated as Sec. 370.12. The former 
Sec. 370.12 has been deleted as an unnecessary provision.

What Limitations Exist on Liability? (Sec. 370.15)

    This section is the former Sec. 370.16, which has been redesignated 
as Sec. 370.15. The former Sec. 370.15 has been deleted as unnecessary. 
Paragraphs (a) and (b) are substantively unchanged. Section (c) has 
been moved from Sec. 370.5 and is substantively unchanged.

Subpart C--Debit ACH Entries

What Requirements Apply if I Want To Authorize a Debit Entry to My 
Deposit Account? (Sec. 370.20)

    This section sets out requirements on debit entry authorizations. 
The provisions of this section are somewhat complicated by the various 
ways that we use debit entries for the sale of securities, depending on 
the type of security involved.
    We currently accept debit entry authorizations for sales of book-
entry (electronic) Treasury securities held in our TreasuryDirect 
system. We also accept debit entry authorizations for sales of 
definitive (paper) savings bonds sold directly by us through the United 
States Savings Bond EasySaver PlanTM. (Savings bonds also 
are sold by savings bond issuing agents, but part 370 has no 
application to them). We also will accept debit authorizations for 
collection of fees.
    Under this section, we require that if you purchase a book-entry 
security held in TreasuryDirect, you must be named on the investor 
account that holds the security. On the other hand, we do not impose a 
similar requirement for our sales of definitive savings bonds, because 
these are not held in investor accounts.
    Also under this section, we limit you to authorizing only single-
entry debits for purchases of book-entry securities held in 
TreasuryDirect. On the other hand, debit entries for purchases of 
definitive savings bonds must be recurring.
    For purchases of book-entry Treasury securities, a debit entry 
authorization may be completed electronically. For instance, for 
purchases of securities held in TreasuryDirect, you must open an 
investor account; once there is an existing relationship, you may 
electronically authorize a debit entry to a designated deposit account 
for the purchase of a book-entry Treasury security by providing some 
personal identification information. By contrast, the debit entry 
authorization for definitive savings bonds only may be completed if 
signed on paper. This difference between the securities is not explicit 
in the regulations. Rather, it simply reflects how we currently do 
business.
    The section requires that all debit entry authorizations must be 
signed. We've defined the word ``signature'' as ``any symbol or method 
executed or adopted by a person with present intention to be bound.'' 
This is a traditional legal definition of a signature.
    Special consideration has been given to authorizations completed by 
electronic means. As noted above, a signature may be an electronic 
signature. However, as stated in section 370.35, not every 
electronically signed debit entry authorization automatically is 
acceptable to us. Instead, the electronic signature must be 
accomplished through a method that we've approved. For instance, we 
require you to enter your TreasuryDirect account number and taxpayer 
identification number to access our TreasuryDirect electronic services. 
We consider the entry of this information to be an electronic signature 
that expresses your intent to be bound by any debit entry authorization 
that you may submit while accessing our electronic services.
    In determining what types of electronic signatures are acceptable 
to us, we will look to how electronic signatures are treated under 
other law and in the private sector. We also will be bound by whatever 
procedures may be imposed upon executive agencies governing the use of 
digital signatures.
    Our approach on authorizations completed by electronic means 
diverges from the approach taken by the Board of Governors of the 
Federal Reserve (``the Board'') and the National Automated Clearing 
House Association (``NACHA''). The Board is responsible for Regulation 
E (12 CFR part 205), which sets out consumer rights in electronic funds 
transfers such as debit entries. NACHA is responsible for the Operating 
Rules (``the NACHA Rules'') that govern the handling of debit entries. 
These authorities state that a debit entry authorization must be in a 
``writing signed or similarly authenticated by the consumer.'' Under 
Regulation E, this requirement applies only to debit entry 
authorizations for recurring debits; under the NACHA Rules, this 
requirement applies to all debit entry authorizations.
    Under Regulation E and the NACHA Rules, the meaning of ``signed'' 
appears to be limited to a signature completed in longhand, and does 
not extend to an electronic signature. Neither Regulation E nor the 
NACHA Rules recognize the term ``electronic signature.'' Instead, a 
debit ACH authorization that is completed electronically must be 
``similarly authenticated.''
    The Board and NACHA have interpreted ``similarly authenticated'' as 
allowing authentication by use of a PIN or digital signature. On the 
other hand, the use of an account number and taxpayer identification 
number may not be sufficient for the Board and NACHA. Thus, our current 
means of allowing the electronic submission of a debit entry 
authorization in TreasuryDirect may differ from that allowed by the 
Board and NACHA.
    We have decided not to adopt the ``similarly authenticated'' 
language used by the Board and NACHA, for two reasons. First, in the 
Government Paperwork Elimination Act, Congress defined the term 
``electronic signature.'' Congress also stated its intent that 
executive agencies use and accept such signatures. Of course, we wish 
to be consistent with Congress. Second, by not adopting the ``similarly 
authenticated'' language, we reserve some right to determine what 
constitutes an acceptable means of electronically submitting a debit 
entry authorization. In deciding what qualifies as an approved 
``electronic signature,'' we will be influenced, but not bound, by the 
Board and NACHA's interpretation of ``similarly authenticated.''
    We can differ from Regulation E on this point because Regulation E 
excludes from its coverage ``[a]ny transfer of funds the primary 
purpose of which is the purchase or sale of a security * * * [h]eld in 
book-entry form by a Federal Reserve Bank or federal agency.'' 
Transactions involving book-entry securities held in TreasuryDirect 
fall within this exclusion. As noted above, it only is for these types 
of securities that the Bureau of the Public Debt allows debit entry 
authorizations to be completed electronically.
    Even without this exclusion, we are consistent with Regulation E. 
The ``signed or similarly authenticated'' language in Regulation E 
applies only to authorizations for recurring debit entries. However, 
all electronically submitted debit authorizations in TreasuryDirect are 
for single-entry debits. Accordingly, to the extent that we allow debit 
entry authorizations to be electronically signed, the ``signed or 
similarly authenticated'' requirement of Regulation E is not triggered.

[[Page 40486]]

    In the future, we may wish to accept electronically submitted debit 
entry authorizations for our sales of definitive savings bonds. As 
opposed to book-entry securities, Regulation E applies to debit entry 
transactions involving definitive securities. Thus, an authorization of 
recurring debit entries for the sale of definitive savings bonds may 
have to qualify as ``signed or similarly authenticated'' under 
Regulation E, though single-entry authorizations may not have to so 
qualify. If we decide to pursue sales of definitive savings bonds 
through electronic debit entry authorizations, we would consider making 
the ``signed or similarly authenticated'' requirement explicit in our 
regulations. However, no such electronic transactions are currently 
planned for definitive savings bonds.
    We can differ from the NACHA Rules because the NACHA Rules are 
private law. More importantly, today's final rule is consistent with 
Regulation E, which has carved out an exclusion for transactions 
involving certain book-entry Treasury securities. Furthermore, although 
the ``signed or similarly authenticated'' language in the NACHA Rules 
applies to single-entry debit authorizations, we note that this 
application was inspired by NACHA's desire to protect consumers from 
aggressive telemarketers. This is an admirable purpose but one that has 
little meaning with regard to consumer dealings with Treasury. We 
believe we're justified in not following the NACHA Rules on this point.
    No matter how an electronic signature of a debit entry 
authorization may be completed, we have at our disposal several 
measures to prevent fraud. For instance, for a book-entry security held 
in TreasuryDirect, we reserve the right to prevent the owner from 
disposing of the security for up to thirty days after purchase. If 
fraud is reported during this time, we can cancel the security, 
preventing the fraud from succeeding. Also, even after this thirty-day 
period, any attempt to transfer out or otherwise collect the value of a 
security requires the owner to provide identification, in person, to a 
bank or other institution. In other words, a person attempting a fraud 
cannot do it anonymously; instead, he must identify himself. Finally, 
to the extent that fraud may occur, the United States is better capable 
of prosecuting cases than may be a small, private entity.
    In addition, the section states that credit and debit entries with 
respect to a security must be made to the same deposit account. This is 
another security feature. The provision helps ensure that funds are 
placed back into the same deposit account from which the funds were 
drawn, rather than going to an improper account.

What Rights Do I Have To Terminate or Suspend Debit Entries? 
(Sec. 370.25)

    This section is amended to state that if you submit a debit entry 
authorization in conjunction with a Treasury auction tender for the 
purchase of a book-entry security, you cannot terminate or suspend a 
debit entry after the auction closes. This is to prevent a person from 
unfairly withdrawing the remittance if the person receives an 
unfavorable yield at an auction.

What Limitations Exist on Liability? (Sec. 370.26)

    This section is amended to state that our liability does not extend 
beyond the amount of the debit entry. Furthermore, if a financial 
institution causes us a loss because it fails to follow this part, the 
financial institution cannot be liable to us for more than the amount 
of the debit.

Can I Be Held Accountable if My Negligence Contributes to a Forged 
Signature? (Sec. 370.40)

    This section is amended to state that it has no application in any 
dispute involving a debit authorization or credit card transaction. 
Instead, we will rely upon the error resolution procedures of the NACHA 
Rules, credit card association rules, and the Board's regulations.

What Is the Status of a Security if the Remittance Cannot Be Collected? 
(Sec. 370.45)

    This new section states that if we cannot promptly collect all of 
the remittance for a security, we may in our discretion cancel the 
security unless it has been legally transferred for value to a third 
person who had no knowledge of the improper debit entry at the time of 
the transfer.

III. Procedural Requirements

    This final rule does not meet the criteria for a ``significant 
regulatory action,'' as defined in Executive Order 12866. Therefore, 
the regulatory review procedures contained therein do not apply.
    This final rule relates to matters of public contract and 
procedures for United States securities. The notice and public 
procedures requirements of the Administrative Procedure Act are 
inapplicable, pursuant to 5 U.S.C. 553(a)(2).
    As no notice of proposed rulemaking is required, the Regulatory 
Flexibility Act (5 U.S.C. 601, et seq.) does not apply.
    We ask for no new collections of information in this final rule. 
Therefore, the Paperwork Reduction Act (44 U.S.C. 3507) does not apply.

List of Subjects

31 CFR part 315

    Government Securities, Federal Reserve System, Banks and Banking.

31 CFR part 353

    Bonds, Electronic Funds Transfers, Government Securities.

31 CFR part 357

    Bonds, Electronic funds transfer, Federal Reserve System, 
Government securities, Securities.

31 CFR part 370

    Bonds, Electronic Funds Transfers, Government Securities, 
Securities.

    For the reasons set forth in the preamble, 31 CFR parts 315, 353, 
357, and 370 are amended as follows:

PART 315--REGULATIONS GOVERNING U.S. SAVINGS BONDS, SERIES A, B, C, 
D, E, F, G, H, J, AND K, AND U.S. SAVINGS NOTES

    1. The authority citation for part 315 continues to read as 
follows:

    Authority: 31 U.S.C. 3105 and 5 U.S.C. 301.

    2. Amend Sec. 315.31 as follows:
    a. Remove the last two sentences of paragraph (b);
    b. Remove the last sentence of paragraph (c);
    c. Revise paragraph (h)(1) to read as set forth below.
    d. Remove paragraph (h)(2);
    e. Redesignate paragraphs (h)(3), (h)(4), (h)(5), and (h)(6) as 
(h)(2), (3), (4), and (5);
    f. Revise redesignated paragraph (h)(5) to read as set forth below.
    g. Remove paragraph (h)(7);
    h. Redesignate paragraph (h)(8) as (h)(6) and revise redesignated 
paragraph (h)(6) to read as set forth below.
    i. Redesignate paragraph (i) as (h)(7) and revise redesignated 
paragraph (h)(7) to read as set forth below.


Sec. 315.31  Series H bonds.

* * * * *
    (h) * * *
    (1) Payments on same account. Payments on all Series H bonds 
assigned to the same account maintained by the Bureau will be made to 
the same deposit account at a financial institution.
* * * * *

[[Page 40487]]

    (5) Cancellation of ACH arrangement. An ACH arrangement shall 
remain in effect until it is terminated by a request from the owner or 
coowner submitted to the Bureau of the Public Debt, Parkersburg, WV 
26102-1328.
    (6) Rules. Series H interest payments made by the ACH method are 
governed by the regulations at 31 CFR part 370.
    (7) Nonreceipt or loss of interest payment. The Bureau of the 
Public Debt, Parkersburg, WV 26102 should be notified if:
    (i) An interest check is not received or is lost after receipt or
    (ii) An ACH payment is not credited to the designated account and 
the financial institution has no record of receiving it. The notice 
should include the owner or coowner's name and taxpayer identifying 
number and the interest payment date.

PART 353--REGULATIONS GOVERNING UNITED STATES SAVINGS BONDS, SERIES 
EE AND HH

    1. The authority citation for part 353 continues to read as 
follows:

    Authority: 31 U.S.C. 3105 and 5 U.S.C. 301.

    2. Amend Sec. 353.31 as follows:
    a. Remove the third sentence of paragraph (b);
    b. Revise the last sentence of paragraph (b) to read as set forth 
below.
    c. Redesignate paragraph (c)(1) as paragraph (c) and remove the 
last sentence from the redesignated paragraph (c);
    d. Remove paragraphs (c)(2), (d), and (e);
    e. Redesignate paragraphs (f) and (g) as paragraphs (d) and (e), 
respectively;
    f. Redesignate paragraph (h) as (f);
    g. Revise redesignated paragraph (f)(1) to read as set forth below.
    h. Remove redesignated paragraph (f)(2);
    i. Redesignated paragraphs (f)(3), (f)(4), (f)(5) and (f)(6) are 
further redesignated as (f)(2), (f)3), (f)(4), and (f)(5), 
respectively.
    j. Revise redesignated (f)(5)(ii) to read as set forth below.
    k. Remove redesignated paragraph (f)(7).
    l. In redesignated paragraph (f), further redesignate paragraph 
(f)(8) as (f)(6) and revise to read as set forth below.
    m. Redesignate paragraph (i) as (f)(7) and revise to read as set 
forth below.


Sec. 353.31  Series HH bonds.

* * * * *
    (b) * * * Series H interest payments made by the ACH method are 
governed by the regulations at 31 CFR part 370.
* * * * *
    (f) * * *
    (1) Submission of deposit account information. Payments on all 
Series HH bonds assigned to the same account maintained by the Bureau 
must be made to the same deposit account at a financial institution.
* * * * *
    (5) * * *
    (ii) Bonds issued prior to October 1, 1989. An ACH arrangement 
established for Series HH bonds issued prior to October 1, 1989, shall 
remain in effect until it is terminated by a request from the owner or 
coowner submitted to the Bureau of the Public Debt, Parkersburg, WV 
26102-1328
    (6) Rules. Series HH interest payments made by the ACH method are 
governed by the regulations at 31 CFR part 370.
    (7) Nonreceipt or loss of interest payment. The Bureau of the 
Public Debt, Parkersburg, WV 26102 should be notified if:
    (i) An interest check is not received or is lost after receipt or
    (ii) An ACH payment is not credited to the designated account and 
the financial institution has no record of receiving it. The notice 
should include the owner or coowner's name and taxpayer identifying 
number and the interest payment date.

PART 357--GENERAL REGULATIONS GOVERNING BOOK-ENTRY TREASURY BONDS, 
NOTES AND BILLS.

    1. The authority citation for part 357 continues to read as 
follows:

    Authority: 31 U.S.C. 31, 5 U.S. 301 and 12 U.S.C. 391.

    2. Amend Sec. 357.26 as follows:
    a. Revise the section heading as set forth below.
    b. Revise paragraph (a) to read as set forth below.
    c. Revise the heading for paragraph (b) to read as set forth below.
    d. Remove paragraphs (b)(1)(i), (b)(1)(iv), (b)(2), (b)(3), (c) and 
(d);
    e. Redesignate paragraph (b)(1)(ii) as paragraph (b);
    f. Redesignate paragraph (b)(1)(iii) as paragraph (c) and add a 
heading to read as set forth below.
    g. Redesignate paragraph (b)(1)(v) as paragraph (d) and add a 
heading to read as set forth below.
    h. Redesignate paragraph (b)(1)(vi) as paragraph (e) and add a 
heading to read as set forth below.


Sec. 357.26.  Direct Deposit.

    (a) General. A payment by the Department with respect to a security 
shall be by direct deposit unless it is deemed necessary by the 
Department to make payment by another means. Direct Deposit payments 
are governed by the regulations at 31 CFR part 370.
    (b) Names on account. * * *
    (c) Inquiry to financial institution. * * *
    (d) Payments to master account. * * *
    (e) Deposit account. * * *
    3. Revise Sec. 357.30 to read as follows.


Sec. 357.30  Cases of delay or suspension of payment.

    If evidence required by the Department in support of a transaction 
request is not received by the Department at least ten (10) business 
days before the maturity date of the security, or if payment at 
maturity has been suspended pursuant to 31 CFR 370.10, in cases of 
reinvestment, the Department will redeem the security and hold the 
redemption proceeds in the same form of registration as the security 
redeemed, pending further disposition. No other interest shall accrue 
or be paid on such proceeds after the security is redeemed.
    1. Revise part 370 to read as follows:

PART 370--ELECTRONIC TRANSACTIONS AND FUNDS TRANSFERS RELATING TO 
UNITED STATES SECURITIES

Subpart A--General Information

Sec.
370.0  What does this part cover?
370.1  What special terms do I need to know to understand this part?

Subpart B--Credit ACH Entries

370.5  How can I appoint a financial institution to receive payments 
on my behalf?
370.6  What requirements apply to a financial institution that 
handles a credit entry?
370.7  How can my financial institution change my designated deposit 
account?
370.8  Are there any requirements related to a prenotification 
entry?
370.9  How can my payment instructions be changed?
370.10  What can cause my payments to be suspended?
370.11  What must my financial institution do when it receives a 
payment?
370.12  What happens if an error is made in a credit entry, or if a 
duplicate credit entry is made?
370.13  Can time limits for taking an action on a credit entry be 
extended?
370.14  Can substitute payment procedures be used?
370.15  What limitations exist on liability?

[[Page 40488]]

Subpart C--Debit Entries

370.20  What requirements apply if I want to authorize a debit entry 
to my deposit account?
370.21  Are there any requirements related to a prenotification 
entry?
370.22  What requirements apply to a financial institution that 
debits a deposit account?
370.23  What other requirements apply to a financial institution?
370.24  What right does the Bureau of the Public Debt have to 
terminate or suspend debit entries?
370.25  What rights do I have to terminate or suspend debit entries?
370.26  What limitations exist on liability?

Subpart D--Electronic Submission of Transaction Requests Through the 
Bureau of the Public Debt

370.35  Does the Bureau of the Public Debt accept all electronically 
signed transaction requests?
370.36  When does a transaction request become effective?
370.37  Where is the point of transaction for an electronically 
submitted transaction request?
370.38  What is the legal effect of an electronic signature?
370.39  To what extent is a digital signature admissible in any 
civil litigation or dispute?
370.40  Can I be held accountable if my negligence contributes to a 
forged signature?
370.41  What limitations exist on liability?

Subpart E--Additional Provisions

370.45  What is the status of a security if the remittance cannot be 
collected?
370.46  Are there any situations in which the Bureau of the Public 
Debt may waive these regulations?
370.47  To what extent may the Bureau of the Public Debt change 
these regulations?

    Authority: 12 U.S.C. 391; 31 U.S.C. chapter 31.

Subpart A--General Information


Sec. 370.0  What does this part cover?

    (a) Scope. This part applies to the transfer of funds by the 
Automated Clearing House method as used by us in connection with United 
States securities. This part also provides regulations for the 
electronic submission of transaction requests through us, except as 
varied by agreement or as otherwise provided. This part does not apply 
to transactions for the sale of United States Savings Bonds 
accomplished through savings bond issuing agents generally, except and 
to the extent we direct otherwise.
    (b) Operating Rules of the National Automated Clearing House 
Association and Regulations of the Financial Management Service. The 
Operating Rules of the National Automated Clearing House Association 
generally apply to these transactions. However, the Operating Rules do 
not apply to the extent that the Operating Rules are preempted entirely 
and excluded specifically by application of Financial Management 
Service regulations in part 210 of this chapter. In the event of any 
inconsistencies between this part 370 and either the Operating Rules or 
part 210, this part 370 applies.
    (c) Regulations of the Board of Governors of the Federal Reserve. 
To the extent that Regulation E (12 CFR part 205) and Regulation Z (12 
CFR part 226) of the Board of Governors of the Federal Reserve System 
apply to transactions authorized by this part, those Federal laws are 
unaffected by this part 370.
    (d) Variance by agreement. The terms of this part may be varied by 
agreement.


Sec. 370.1  What special terms do I need to know to understand this 
part?

    Automated Clearing House (ACH) entry means a transaction in 
accordance with the Operating Rules of the National Automated Clearing 
House Association, as modified by these regulations and other law. The 
regulations in this part control in the event of any inconsistencies 
with the applicable Operating Rules.
    Credit entry means an ACH entry for the payment of money to a 
deposit account.
    Debit entry means an ACH entry for the collection of money from a 
deposit account.
    Deposit account means a demand deposit (checking), savings, or 
asset account (other than an occasional or incidental credit balance in 
a credit plan) held directly or indirectly by a financial institution.
    Digital signature means a type of electronic signature. A signer 
creates a digital signature by using public-key encryption to transform 
a message digest of an electronic message. If a recipient of the 
digital signature has an electronic message, message digest function, 
and the signer's public key, the recipient can verify:
    (1) whether the transformation was accomplished with the private 
key that corresponds to the signer's public key; and
    (2) Whether the electronic message has been altered since the 
transformation was made.
    Electronic message means information that is stored in an 
electronic medium and is retrievable in perceivable form.
    Electronic signature means a signature of an electronic message 
that:
    (1) identifies and authenticates a particular person as the source 
of the electronic message; and
    (2) indicates such person's approval of the information contained 
in the electronic message.
    Financial institution means:
    (1) any insured bank as defined in section 3 of the Federal Deposit 
Insurance Act (12 U.S.C. 1813) or any bank that is eligible to make 
application to become an insured bank under section 5 of such Act (12 
U.S.C. 1815);
    (2) any mutual savings bank as defined in section 3 of the Federal 
Deposit Insurance Act (12 U.S.C. 1813) or any bank that is eligible to 
make application to become an insured bank under section 5 of such Act 
(12 U.S.C. 1815);
    (3) any savings bank as defined in section 3 of the Federal Deposit 
Insurance Act (12 U.S.C. 1813) or any bank that is eligible to make 
application to become an insured bank under section 5 of such Act (12 
U.S.C. 1815);
    (4) any insured credit union as defined in section 101 of the 
Federal Credit Union Act (12 U.S.C. 1752) or any credit union that is 
eligible to make application to become an insured credit union pursuant 
to section 201 of such Act (12 U.S.C. 1781);
    (5) any savings association as defined in section 3 of the Federal 
Deposit Insurance Act (12 U.S.C. 1813) that is an insured depository 
institution as defined in that act or is eligible to apply to become an 
insured depository institution under that act; and
    (6) any Federal branch or agency of a foreign bank as defined in 
section 1(b) of the International Banking Act, as amended (12 U.S.C. 
3101).
    Investor account is our record of your TreasuryDirect holdings, 
including a list of your total security holdings, the exact form of 
registration of your account, your mailing address, your TreasuryDirect 
account number, your social security account number or employer 
identification number, and your deposit account instructions.
    Message digest function means an algorithm that transforms an 
electronic message into a seemingly unintelligible, generally smaller, 
result called the message digest. A message digest function has these 
qualities:
    (1) the same electronic message yields the same message digest 
every time the algorithm is executed;
    (2) it is computationally infeasible that an electronic message can 
be derived from the message digest result produced by the algorithm; 
and
    (3) it is computationally infeasible that two electronic messages 
can be

[[Page 40489]]

found that produce the same message digest using the algorithm.
    Payment means, for the purpose of this part, funds paid by us to 
you.
    Person means any natural person or organization.
    Public-key encryption means a cryptographic process which generates 
and employs a key pair, consisting of a public key and a different but 
mathematically related private key. One use of the public key is to 
verify a digital signature created by the private key.
    Security means an obligation offered by the Secretary of the 
Treasury.
    Settlement date means the date an exchange of funds with respect to 
an ACH entry is reflected on the books of the Federal Reserve Bank(s).
    Signature means any symbol or method executed or adopted by a 
person with present intention to be bound.
    We (or ``us'') refers to the Secretary of the Treasury and the 
Secretary's delegates at the Treasury Department and Bureau of the 
Public Debt. The term also extends to any fiscal or financial agent 
acting on behalf of the United States when designated to act by the 
Secretary or the Secretary's delegates. The term does not extend to 
United States Savings Bond issuing and paying agents.
    You means a deposit account owner, in subparts B and C, unless 
stated otherwise. The word ``you'' means a person who electronically 
submits transaction requests through us, in subpart D.

Subpart B--Credit ACH Entries


Sec. 370.5  How can I appoint a financial institution to receive 
payments on my behalf?

    You must name a financial institution to receive payments through 
credit entries using the ACH method. You also must identify the deposit 
account to which payments are to be made. To do this, you must use a 
form approved by us.


Sec. 370.6  What requirements apply to a financial institution that 
handles a credit entry?

    A financial institution that accepts and handles a credit entry 
initiated by us agrees to the provisions of this subpart, and warrants 
that it will comply with all requirements imposed upon Receiving 
Depository Financial Institutions under the Operating Rules of the 
National Automated Clearing House Association, as modified by these 
regulations and other law.


Sec. 370.7  How can my financial institution change my designated 
deposit account?

    If your financial institution requests us to make a change in your 
deposit account number or type of your account, we will change the 
information without requiring any confirmation from you. The request 
from the financial institution must be made following the Operating 
Rules of the National Automated Clearing House Association. The 
financial institution's request will be deemed an agreement by the 
institution to indemnify us and you for any loss resulting from the 
requested change.


Sec. 370.8  Are there any requirements related to a prenotification 
entry?

    (a) Use of prenotification in our discretion. In our discretion, we 
may initiate a prenotification entry to a financial institution before 
we send a credit entry. We may also send a prenotification message 
whenever there is a change in the payment instructions. If we send a 
prenotification message, we will follow the time frames as established 
by the Operating Rules of the National Automated Clearing House 
Association. A prenotification is a zero-dollar ACH entry that can help 
us determine whether there might be problems with sending a subsequent 
credit entry.
    (b) Requirements placed upon financial institution that receives a 
prenotification. A financial institution must respond to a 
prenotification within the time frame for such responses as established 
by the Operating Rules of the National Automated Clearing House 
Association. If the receiving financial institution does not respond to 
the prenotification message within the specified time period, we may 
interpret the nonresponsiveness as the financial institution's 
agreement to this subpart. Furthermore, a financial institution 
warrants by its nonresponsiveness that the deposit account number and 
the type of account contained in the prenotification entry message was 
accurate as of the moment the financial institution received it.


Sec. 370.9  How can my payment instructions be changed?

    Your payment instructions will continue to apply until either you 
or your financial institution requests us to make a change.


Sec. 370.10  What can cause my payments to be suspended?

    (a) Change in deposit account. We will suspend payments if we 
receive notice that your deposit account has been closed, that someone 
named on your deposit account is dead or has been declared legally 
incompetent, that there is a change in the title of your deposit 
account that alters your interests; or, if a corporation is the owner, 
that it has been dissolved.
    (b) Change in status of owner. We will suspend payments when we 
receive notice that an owner of a bond, security, or investor account 
is dead or has been declared legally incompetent, or in any case where 
we receive notice of a change in the name or status of an organization 
or representative named on a bond, security, or investor account.
    (c) Continuation of Suspension. Payments will continue to be 
suspended until we receive satisfactory evidence as to who is 
authorized or entitled to receive payments.


Sec. 370.11  What must my financial institution do when it receives a 
payment?

    An institution which receives a payment on behalf of its customer 
must:
    (a) Upon receipt, make the payment available to you on the payment 
date. If a scheduled payment date is not a business day for the Federal 
Reserve Bank of the district in which the institution is located, 
payment will be made on the next-succeeding business day. If the 
institution is unable to make a credit entry to the designated account, 
it must return the payment in accordance with the Operating Rules of 
the National Automated Clearing House Association.
    (b) Promptly notify us when your account has been closed, or when 
it is on notice of the death or legal incapacity of you or any other 
individual named on your account, or when it is on notice of the 
dissolution of a corporation in whose name the deposit account is held. 
The institution must return all payments received along with an 
explanation for the return.


Sec. 370.12  What happens if an error is made in a credit entry, or if 
a duplicate credit entry is made?

    If we make an erroneous credit entry under this part, we will make 
a corrected credit entry to your account. We will then take action to 
recover the erroneous credit entry, or any duplicate credit entry, as 
follows:
    (a) Return of amount of erroneous or duplicate credit entry by 
financial institution. We will send a notice to the financial 
institution to which the erroneous or duplicate credit entry was sent. 
When it receives this notice, the financial institution must 
immediately return to the appropriate Federal Reserve Bank an amount 
equal to the credit entry. If the institution is unable to do this, the 
institution must immediately notify us, and provide any

[[Page 40490]]

information that it has about the matter. We reserve the right to 
request the return of a partial amount of an erroneous or duplicate 
credit entry.
    (b) Collection of amount of unreturned erroneous or duplicate 
credit entry. Where the erroneous or duplicate credit entry has not 
been returned, we will undertake any other actions that are 
appropriate. To the extent permitted by law, the collection action may 
include deducting the amount owed from future credit entries made to 
the deposit account to which the erroneous or duplicate credit entry 
was made.
    (c) Authorization of Debit to collect unreturned dulicate or 
erroneous credit entry. If a financial institution has not responded 
within 60 calendar days of the notice, its acceptance of the credit 
entry will be considered an authorization for a debit in the amount of 
the entry. The debit will be made from the account maintained or 
utilized by the financial institution at the Federal Reserve Bank to 
which the entry was made. An institution designated by a financial 
institution to receive payment on its behalf, in permitting the usage, 
is deemed to have authorized a debit. The debit will be made from its 
account maintained at the Federal Reserve Bank to which the entry was 
made. The institution to which the credit entry has been directed is 
deemed to have agreed to provide information and assistance to recover 
any erroneous or duplicate entry. You are also deemed to have agreed to 
provide information and assistance, and to take any action provided by 
law to recover an erroneous or duplicate credit entry.


Sec. 370.13  Can time limits for taking an action on a credit entry be 
extended?

    If we or your financial institution are delayed beyond applicable 
time limits in taking any action with respect to a credit entry because 
of circumstances beyond our control, then the time for taking that 
action will be extended as necessary until the cause of the delay ends.


Sec. 370.14  Can substitute payment procedures be used?

    We may use substitute payment procedures, instead of ACH, if we 
consider it to be necessary. Any such action is final.


Sec. 370.15  What limitations exist on liability?

    (a) We may rely on the information provided by you or anyone else 
authorized to provide information concerning your financial institution 
or deposit account to which payments are to be made. We do not need to 
verify this information. We are not liable for any action we may take 
in reliance on the information furnished.
    (b) Our liability does not extend beyond the amount of the payment 
due.
    (c) When you name a financial institution to receive payments on 
your behalf, you are appointing that institution as your agent for the 
receipt of payments. When a credit entry is made to your financial 
institution for deposit to your account following your instructions, we 
no longer have any further responsibility for that payment. Where your 
financial institution has arranged with the Federal Reserve Bank to 
have payments made through another financial institution, the crediting 
of your payment to that institution relieves us of any further 
responsibility for that payment.

Subpart C--Debit Entries


Sec. 370.20  What requirements apply if I want to authorize a debit 
entry to my deposit account?

    (a) General. You may pay for a security and related fees by 
authorizing us to initiate one or more debit entries to your deposit 
account. For a purchase of a book-entry security to be held in an 
investor account maintained by us, you must be named on the investor 
account. The authorization must be accomplished only through forms or 
means approved by us.
    (b) Single-entry and recurring debit entries. You only may 
authorize single-entry debits for purchases of book-entry securities 
held in TreasuryDirect. You only may authorize recurring debit entries 
for purchases of definitive savings bonds.
    (c) Credit entries to be made to same deposit account. To the 
extent that payments by us with respect to a security are to be made 
through credit entries, you must receive debit and credit entries in 
the same deposit account.
    (d) Signature. The authorization must have your signature and that 
of any other person whose signature is required to withdraw funds from 
the deposit account. We need not verify your identity or the 
authenticity of your signature.


Sec. 370.21  Are there any requirements related to a prenotification 
entry?

    (a) Use of prenotification in our discretion. In our discretion, we 
may initiate a prenotification entry to a financial institution prior 
to sending a debit entry. A prenotification is a zero-dollar ACH entry 
that can help us determine whether there might be problems with sending 
a subsequent debit entry.
    (b) Requirements placed upon financial institution that receives a 
prenotification. If sent, a financial institution must respond to a 
prenotification within the time frame for such responses as established 
by the National Automated Clearing House Association. If the receiving 
financial institution does not respond to the prenotification message 
within the specified time period, we may interpret the 
nonresponsiveness as the financial institution's agreement to this 
subpart. Furthermore, a financial institution warrants by its 
nonresponsiveness that the deposit account number and the type of 
account contained in the prenotification entry message was accurate as 
of the moment the financial institution received it.


Sec. 370.22  What requirements apply to a financial institution that 
debits a deposit account?

    A financial institution that debits a deposit account upon 
receiving a debit initiated by us agrees to the provisions of this 
subpart. A financial institution that does so also warrants that it has 
the authority to receive debit entries.


Sec. 370.23  What other requirements apply to a financial institution?

    The financial institution warrants that it will comply with all 
requirements imposed upon Receiving Depository Financial Institutions 
under the Operating Rules of the National Automated Clearing House 
Association, as modified by these regulations and other law.


Sec. 370.24  What right does the Bureau of the Public Debt have to 
terminate or suspend debit entries?

    We may terminate or suspend the availability of one or more debit 
entries in any case or class of cases, and may do so without notice at 
any time. A decision to terminate or suspend the availability of debit 
entries is in our sole discretion and is final.


Sec. 370.25  What rights do I have to terminate or suspend debit 
entries?

    (a) General. If you are an investor account owner or deposit 
account owner, you generally may terminate or suspend one or more debit 
entries by notifying us orally or in writing at least three business 
days before the scheduled date of a transfer. In response to an oral 
notice, we may require you to give written notice, to be received by us 
within fourteen days of an oral notice. An oral notice ceases to be 
binding after fourteen days if you fail to provide the required written 
confirmation. A suspension will remain in effect for the duration you 
specify, but for no more

[[Page 40491]]

than six months. The termination and suspension methods need not be 
recited in the authorization. These termination or suspension rights 
are in addition to those that you may have through your financial 
institution under Regulation E of the Board of Governors of the Federal 
Reserve System (12 CFR part 205).
    (b) Exception. If you submit a debit entry authorization in 
conjunction with a Treasury auction tender for the purchase of a book-
entry security, you cannot terminate or suspend a debit entry after the 
auction closes.


Sec. 370.26  What limitations exist on liability?

    If we sustain a loss because a financial institution fails to 
handle an entry in accordance with this part, the financial institution 
is liable to us for the loss, but not beyond the amount of the debit 
entry. In no instance does our liability extend beyond the amount of 
the debit entry.

Subpart D--Electronic Submission of Transaction Requests Through 
the Bureau of the Public Debt


Sec. 370.35  Does the Bureau of the Public Debt accept all 
electronically signed transaction requests?

    An electronic signature will not be accepted if it has not been 
accomplished through a method that has been approved for specific 
purposes by us.


Sec. 370.36  When does a transaction request become effective?

    Except for auction bids of U.S. securities or unless otherwise 
agreed, a transaction request becomes effective at the moment we send a 
confirmation message. In no instance does a transaction request become 
effective before we actually receive the request.


Sec. 370.37  Where is the point of transaction for an electronically 
submitted transaction request?

    For jurisdiction and venue purposes, the point of transaction for a 
transaction request handled pursuant to this subpart is Parkersburg, 
West Virginia, regardless of from where the transaction request is 
transmitted or where the transaction request is actually processed.


Sec. 370.38  What is the legal effect of an electronic signature?

    An electronic signature and any electronic message to which it is 
affixed or attached may not be denied legal effect, including legal 
effect as a signature, a writing, or an original, solely because the 
signature or record is in electronic form.


Sec. 370.39  To what extent is a digital signature admissible in any 
civil litigation or dispute?

    In asserting a digital signature against you in any civil 
litigation or dispute, extrinsic evidence of authenticity as a 
condition precedent of admissibility (such as testimony about the 
scientific validity of digital signatures) is not necessary to 
establish:
    (a) That a digital signature corresponds to a specific public key 
pair, and;
    (b) That an electronic message to which the digital signature is 
affixed has not been altered from its original form.


Sec. 370.40  Can I be held accountable if my negligence contributes to 
a forged signature?

    (a) General. If your failure to exercise ordinary care 
substantially contributes to the submission of a forged signature, then 
you cannot claim that the signature is a forgery. However, we cannot 
invoke this section against you if we cannot first establish that we 
were reasonable in relying upon the signature. If we can do so, you 
bear the burden of production and the burden of persuasion in 
establishing your exercise of ordinary care. If you cannot do so, then 
you cannot claim that the signature is a forgery.
    (b) Exception. This section has no application in any dispute 
involving a debit authorization or credit card transaction.


Sec. 370.41  What limitations exist on liability?

    In no instance does our liability extend beyond the amount of the 
transaction.

Subpart E--Additional Provisions


Sec. 370.45  What is the status of a security if the remittance cannot 
be collected?

    If we cannot promptly collect all of the remittance for a security, 
we may in our discretion cancel the security unless it has been legally 
transferred for value to a third person who had no knowledge of the 
improper debit entry at the time of the transfer.


Sec. 370.46  Are there any situations in which the Bureau of the Public 
Debt may waive these regulations?

    We reserve the right, in our discretion, to waive any provision of 
these regulations in any case or class of cases. We may do so if such 
action is not inconsistent with law and will not subject the United 
States to substantial expense or liability.


Sec. 370.47  To what extent may the Bureau of the Public Debt change 
these regulations?

    Any aspect of this part may be changed at any time and without 
notice. You assume the risk that a change may terminate a provision 
that was to your advantage. Nothing in this part creates vested rights 
in your favor.

    Dated: June 28, 1999.
Donald V. Hammond,
Fiscal Assistant Secretary.
[FR Doc. 99-18919 Filed 7-23-99; 8:45 am]
BILLING CODE 4810-39-P