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GAO-11-164R 1 (2010-10-28)

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T I   M Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-321029


          October 28, 2010

          The Honorable Christopher J. Dodd
          Chairman
          The Honorable Richard C. Shelby
          Ranking Member
          Committee on Banking, Housing, and Urban Affairs
          United States Senate

          The Honorable Barney Frank
          Chairman
          The Honorable Spencer Bachus
          Ranking Member
          Committee on Financial Services
          House of Representatives

          Subject: Federal Reserve System: Electronic Fund Transfers

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Federal Reserve System (Board), entitled Electronic
          Fund Transfers (Docket No. R-1377). It was published in the Federal Register as an
          interim final rule; request for comments on August 17, 2010. 75 Fed. Reg. 50,683. We
          received the rule on October 15, 2010.

          The interim final rule amends Regulation E, which implements the Electronic Fund
          Transfer Act (EFTA), and the official staff commentary to the regulation, in order to
          implement legislation that modifies the effective date of certain disclosure
          requirements in the gift card provisions of the Credit Card Accountability
          Responsibility and Disclosure Act of 2009 (Credit Card Act). Congress recently
          passed legislation that amends section 403 of the Credit Card Act to delay the
          effective date of certain gift card disclosure provisions for gift certificates, store gift
          cards, and general-use prepaid cards produced prior to April 1, 2010 (Gift Card
          Amendment). The Gift Card Amendment delays the effective date of the disclosure
          requirements in EFTA sections 915(b)(3) and (c)(2)(B) (as amended by the Credit
          Card Act) in order to permit the sale of existing card stock through January 31, 2011.
          Nonetheless, the substantive fee and expiration date protections provided by the
          Credit Card Act continue to apply to those certificates or cards sold to a consumer
          on or after August 22, 2010. The interim final rule revises the final gift card rule,
          published in April 2010, in order to implement the Gift Card Amendment.


GAO- 11-164R

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