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Report to the Chairman, Subcommittee on Financial Institutions and 

Consumer Credit, Committee on Financial Services, House of 

Representatives:



United States General Accounting Office:



GAO:



September 2002:



Weekend Settlement:



Potential Benefits, Costs, and Legal Issues:



GAO-02-938:



Contents:



Letter:



Results in Brief:



Background:



Settlement of Financial Transactions on Weekends Would Provide Small 

Benefits:



Weekend Settlement Would Require Payment Service Providers to Open on 

Weekends and Could Significantly Increase Costs:



Federal Laws Do Not Directly Prohibit Weekend Settlement; However, 

State Closure Laws Could Impede Development of a Uniform Weekend 

Settlement System:



Agency Comments and Our Evaluation:



Appendix I: Scope and Methodology:



Determining the Potential Benefits of Weekend Settlement:



Determining the Potential Costs and Operational Issues of Weekend 

Settlement:



Identifying Potential Legal Considerations Raised by Weekend 

Settlement:



Appendix II: Operating Hours of Wholesale Settlement Systems 

in Selected Countries:



Appendix III: Weekend Settlement of Financial Transactions

Forgone Earnings Analysis:



Appendix IV: Comments from the Board of Governors of the 

Federal Reserve System:



Appendix V: GAO Contacts and Staff Acknowledgments:



GAO Contacts:



Acknowledgments:



Appendix VI: Related GAO Products:



Tables:



Table 1: Annual Forgone Earnings Based on Grocery Industry 

Sales of $494 Billion for Year 2000:



Table 2: Estimated Forgone Earnings Analysis by Payment 

Method:



Figures:



Figure 1: The Clearing and Settling of a Check:



Figure 2: The Clearing and Settling of a Credit Card:



Figure 3: Annual Grocery Sales by Payment Method (in billions):



September 25, 2002:



The Honorable Spencer Bachus

Chairman, Subcommittee on Financial

 Institutions and Consumer Credit

Committee on Financial Services

House of Representatives:



Dear Mr. Chairman:



The U.S. payment system is a large and complex system of people, 

institutions, rules, and technologies that transfer monetary value and 

related information. The nation’s payment system transfers an estimated 

$3 trillion dollars each day--nearly one third of the U.S. gross 

domestic product. Because of the payment system’s potential to affect 

overall economic activity, increasing payment system efficiency remains 

an ongoing goal for its various participants. You asked us to examine 

the potential implications of a recent proposal aimed at increasing 

payment system efficiency by instituting weekend settlement of 

financial transactions. Currently, settlement--the final step in the 

transfer of ownership involving the physical exchange of payment or 

securities--occurs only during the business week. Some retailers, 

however, generate approximately half of their weekly sales on weekends-

-when depository and other financial institutions generally are closed-

-receiving cash, checks, and electronic payments that are not credited 

to their accounts until at least the next business day. These funds 

currently earn no interest for the retailers. The grocery industry is 

one segment of the retail sector where this is particularly pronounced. 

Grocery industry representatives have suggested that extending 

settlement services over the weekend could benefit retailers, the 

payment system, and the economy as a whole. As agreed with your staff, 

we identified the (1) potential benefits of weekend settlement for 

retailers, consumers, and the economy as a whole; (2) potential costs 

and operational issues for payment service providers[Footnote 1] as 

well as lower-cost alternatives to weekend settlement; and (3) legal 

considerations related to instituting weekend settlement.



To identify the potential benefits, costs, and operational issues of 

weekend settlement, we interviewed consumer groups, retail businesses, 

and payment service providers including banking industry and investment 

market representatives, clearing organizations, and private electronic 

payment network operators. We also spoke with officials from various 

components of the Federal Reserve System (Federal Reserve) involved in 

the provision of payment system services and with senior staff from the 

Department of the Treasury involved in government securities markets 

and other senior staff. We obtained and analyzed data from grocery 

industry representatives, the U.S. Census Bureau, and the Federal 

Reserve to estimate the forgone interest earnings of the grocery 

industry that result from the current settlement schedule.[Footnote 2] 

We also obtained information from selected foreign countries about the 

operating schedules of their respective settlement systems. Appendix I 

more fully describes our scope and methodology, appendix II depicts 

international settlement schedules; and appendix III details our 

estimation of the grocery industry’s forgone interest earnings.



Overall, we conducted our work within the context of the current 

institutional framework, which is based, in part, on current consumer 

preferences in payment instruments and existing technology. However, 

future changes in consumer preferences in payment instruments or 

technological innovations could alter the relative benefits and costs 

of weekend settlement.



Results in Brief:



Weekend settlement of financial transactions would provide small 

benefits to retailers and consumers, and little, if any, benefit to the 

economy as a whole. Although retail industry representatives stated 

that weekend interest earnings were the main potential benefit for 

businesses, our estimate of the forgone interest earnings for the 

grocery industry, which generates 53 percent of its sales on weekends, 

indicated that if weekend settlement were adopted, investment of 

grocery industry funds would provide small interest earnings to the 

industry.[Footnote 3] The potential interest earnings represented less 

than 1/100 of 1 percent of grocery industry sales for the year 2000, 

and they would have virtually no positive impact on earnings or 

productivity in the retail sector. If accelerated clearing[Footnote 4] 

and settlement of checks were adopted as a result of weekend 

settlement, both retailers and consumers could gain faster access to 

their funds. Additionally, retailers could gain accelerated 

availability of credit card receipts and potentially reduce the amount 

of cash held in their stores. However, the benefits would represent 

transfers of benefit primarily from consumers or depository 

institutions to retailers rather than new income, creating no stimulus 

to economic growth.



Because payment system actors and processes are interdependent, 

implementing weekend settlement would require payment service providers 

that clear and settle retail and wholesale payments to open on 

weekends, resulting in significantly increased operational costs. The 

biggest concern that payment service providers expressed to us was the 

cost of additional computer system and staffing resources needed to 

mitigate the increased risk of operational failures that weekend 

settlement would create. They stated that using computer systems to 

settle transactions on weekends would increase the risk of operational 

failures during the business week by eliminating weekend downtime 

currently used for computer system tests, upgrades, and maintenance. 

Payment service providers also would incur costs to hire additional 

staff for weekend operations. They estimated that the costs associated 

with these changes could increase current operating budgets up to 40 

percent. Depository institution representatives we spoke with said that 

they would need access over the weekend to government securities and 

money markets so that they could obtain the funds needed to pay 

retailers’ interest earnings.[Footnote 5] However, investment industry 

representatives generally expected that weekend trading activity in 

government securities and money markets would be low and therefore 

result in inefficient and illiquid markets. Lower-cost alternatives to 

weekend settlement currently exist and efforts in other areas are under 

way to increase payment system efficiency. With regard to lower-cost 

alternatives to weekend settlement, we identified banking services that 

provide business customers with some of the advantages of weekend 

settlement, but do not require payment service providers to incur costs 

of weekend operations. For example, some depository institutions 

currently provide advanced availability of weekend deposits for 

selected large business customers through negotiated changes to the 

existing banking relationships. According to payment service providers, 

ongoing developments to increase the efficiency of the payment system 

include the conversion of traditionally paper-based transactions into 

electronic format and the extension of Fedwire’s[Footnote 6] current 

settlement hours to facilitate global business activity.



Although there are no direct federal prohibitions against weekend 

settlement, state laws that are not preempted by federal laws or 

regulations providing for weekend settlement could interfere with 

development of a uniform, national 7 day settlement system.[Footnote 7] 

Our review of federal law found nothing applicable to the payment 

system that would prohibit weekend settlement. However, some states 

have laws that prohibit banks from conducting business on 

Sundays.[Footnote 8] Based on provisions in the National Bank Act and 

federal law preemption principles, the Office of the Comptroller of the 

Currency (OCC) has concluded that national banks are not bound by state 

closure laws.[Footnote 9] On the other hand, federal regulators do not 

regulate the hours of operation for state-chartered institutions. Thus, 

state closure laws, if not preempted, could impede development of a 

uniform weekend settlement system concerning institutions in those 

states.[Footnote 10] Preemption of state closure laws would not 

necessarily ensure a uniform weekend payment system, however. Under the 

Expedited Funds Availability Act (EFAA), as amended, and the Federal 

Reserve’s implementing regulations, deadlines for funds availability 

and check returns are based on “business days,” a term defined as any 

day other than a Saturday, Sunday, or legal holiday, and “banking 

days,” which are defined as business days on which a bank is open to 

the public for conducting substantially all of its banking 

functions.[Footnote 11] Even if banks were to conduct weekend 

settlement operations, a corresponding change in the definition of a 

business day would be needed in federal law and regulations to ensure 

that all participants in the payment system would make funds available 

and return checks within the same time frames.



This report makes no recommendations. We received comments on a draft 

of this report from the Board of Governors of the Federal Reserve 

System in which they agreed with our findings.



Background:



Retail payments are relatively high-volume, low-value payments. Retail 

payment methods include cash, checks, debit and credit card, and 

ACH[Footnote 12] transactions. While depository institutions provide 

cash processing services to retailers and other depository 

institutions, the Federal Reserve provides cash processing services 

only to depository institutions and the U.S. government. The Federal 

Reserve and correspondent banks[Footnote 13] provide check collection 

and settlement services. The Federal Reserve and private electronic 

network operators provide clearance and settlement services for ACH 

transactions. Private electronic network operators also provide 

clearance and settlement services for debit card, credit card, and 

automated teller machine (ATM) transactions.



For consumers and retailers, cash transactions are settled 

instantaneously. However, checks require a more complex settlement 

process and more time to settle. Depository institutions have several 

alternative methods for clearing and settling checks.[Footnote 14] 

Figure 1 illustrates an example of how a check is settled through 

direct presentment--when depositary banks present checks directly to 

the paying bank. In practice, local checks generally settle in 1 

business day and nonlocal checks generally settle in 1 to 2 business 

days. Currently, checks are settled on business days, which do not 

include weekends, resulting in a delay in the settlement of those 

checks deposited during the latter part of the week.



Figure 1: The Clearing and Settling of a Check:



[See PDF for image]



Source: GAO analysis of Federal Reserve Bank of New York information.



[End of figure]



Credit card and debit card payments also require a complex system to 

clear and settle transactions. A credit transaction is initiated when a 

customer’s card number is entered into a card reader, followed by the 

transaction amount. The data are transmitted to the card-issuing bank. 

The card-issuing bank accepts or denies the transaction. If the 

transaction is authorized, the customer signs to accept liability for 

the transaction. In the case of a debit card, the customer enters a 

personal identification number or sign the sales receipt to accept 

liability for the transaction.[Footnote 15] At the end of that day, the 

retailer submits the customer’s transactions along with all of the 

other credit card transactions to its depository institution 

(retailer’s bank), which credits the retailer usually in 1 to 2 

business days. The credit card company is then responsible for creating 

the net settlement positions that result in the transfer of funds from 

the card-issuing bank to the retailer’s bank. These transfers typically 

occur by Fedwire funds tranfers through a correspondent bank. The card-

issuing bank would then bill the customer. When the customer pays the 

bill, the cycle is complete, as shown in figure 2. Debit card 

transactions are authorized and cleared in a similar fashion to credit 

cards, except that they settle by debiting customers’ accounts and 

crediting retailers’ accounts on the next business day. Depository 

institutions use a variety of channels to settle credit and debit card 

transactions, including accounts at a common correspondent, ACH 

networks, and Fedwire. Final settlement of ACH transfers processed by 

the Federal Reserve occurs through debits and credits to the accounts 

of depository institutions on the books of the Federal Reserve. ACH 

transfers that are processed only by private-sector ACH operators are 

net settled through the Federal Reserve.



Figure 2: The Clearing and Settling of a Credit Card:



[See PDF for image]



Source: GAO analysis of Federal Reserve Bank of New York information.



[End of figure]



Float is created because of the time it takes to clear and settle 

payments, which affects retailers, consumers, and depository 

institutions. Float is generally defined as the lag between the receipt 

of a check or other payment and the settlement of that payment. This 

lag differs according to the method of payment. There is no float for 

cash. Checks are subject to the longest float, primarily due to the 

need to physically transport checks.



Federal law and regulations prohibit depository institutions from 

paying interest on demand deposits consisting primarily of commercial 

checking accounts.[Footnote 16] Many depository institutions, however, 

offer “sweep” accounts to business customers as a mechanism by which 

these customers obtain interest earnings on account balances above 

negotiated account minimums.[Footnote 17] During the business week, the 

depository institution transfers, or “sweeps,” commercial checking 

account balances above an agreed minimum into other accounts on which 

interest might be paid, such as MMDAs, or into interest-earning 

nondeposit financial instruments.[Footnote 18] Depository institutions 

typically invest these funds in short-term, low-risk assets, such as 

U.S. Treasury bills and notes, or money market mutual funds, among 

others. Depository institutions do not pay interest earnings on funds 

deposited on the weekend because they are unable to invest these funds 

until the next business day.



Overall, U.S. settlement schedules are similar to settlement schedules 

in most G-10 countries.[Footnote 19] In some Asian countries, 

settlement services are available for a limited number of hours on 

Saturdays. Specifically, in Singapore and Hong Kong settlement occurs 

Saturday mornings, in addition to Monday through Friday services. 

Recently, South Korea ended its Saturday settlement hours because many 

commercial banks are closed on Saturdays. Appendix II further 

illustrates international payment systems’ operating hours.



Settlement of Financial Transactions on Weekends Would Provide Small 

Benefits:



Weekend settlement of financial transactions would provide small 

benefits for retailers and consumers, and little, if any, benefit for 

the economy as a whole. Retail industry representatives identified 

weekend interest earnings as the main potential benefit for retailers. 

However, our analysis of grocery industry data indicated that the 

grocery industry currently forgoes small potential interest income on 

its weekend sales relative to the grocery industry’s annual sales or 

the national economy. If weekend settlement were adopted, retailers 

also could realize some secondary benefits such as reducing the amount 

of cash held in stores. However, other secondary benefits such as 

accelerated settlement represent benefit transfers primarily from 

consumers or banks to retailers, creating no economic stimulus to the 

economy.



Forgone Interest Earnings for the Grocery Industry and Retail Sector 

Are Small:



Although retail industry representatives identified weekend interest 

earnings as the main benefit for retailers, our analysis suggested that 

investing retailers’ balances in sweep accounts and other investment 

vehicles over the weekend would provide minimal additional earnings to 

retailers and have virtually no impact relative to the economy as a 

whole. According to grocery industry publications, the industry had 

sales of $494 billion in year 2000, as seen in figure 3.



Figure 3: Annual Grocery Sales by Payment Method (in billions):



[See PDF for image]



Note: Total sale --$494 billion.



Source: Food Marketing Institute year 2000 data.



[End of figure]



Therefore, because depository institutions are unable to invest 

retailers’ weekend cash deposits until Monday, we estimated, based on 

grocery industry data,[Footnote 20] that the grocery industry forgoes 

approximately $2.6 million each year in after-tax interest earnings, 

assuming a 2 percent interest rate, and $6.6 million a year, assuming 

an average 5 percent interest rate.[Footnote 21] The corresponding 

forgone after-tax interest earnings for check transactions are $2.8 

million and $7 million annually, at 2 percent and 5 percent interest 

rates, respectively. Finally, for credit and debit cards, the forgone 

interest earnings are $2.5 million and $6.4 million, at 2 percent and 5 

percent interest rates, respectively. Table 1 illustrates the 

estimates. Appendix III provides details of our estimates. Applying the 

same assumptions to the entire retail sector, which had sales of $3.4 

trillion in the year 2000, we estimated that the annual forgone after-

tax interest earnings for that sector would be $53.9 million at a 2 

percent interest rate and $134 million at a 5 percent interest rate. 

However, these benefits might be reduced if depository institutions 

raised their fees, in a way that passed costs to retailers, to cover 

the increased costs associated with weekend operations.



Table 1: Annual Forgone Earnings Based on Grocery Industry Sales of 

$494 Billion for Year 2000:



Dollars in millions.



Short-term interst rates: Forgone earnings at 2 percent; Cash: $2.6; 
Checks: $2.8; Credit / 

Debit: $2.5; Total: $7.9; Forgone earnings as a percent of grocery 

sales: 0.0016%.



Short-term interst rates: Forgone earnings at 5 percent; Cash: $6.6; 
Checks: $7.0; Credit / 

Debit: $6.4; Total: $20; Forgone earnings as a percent of grocery 

sales: 0.0040%.



Source: GAO analysis of Food Marketing Institute and Federal Reserve 

data.



[End of table]



Retailers and Consumers Could Receive Secondary Benefits:



Weekend settlement could provide a number of secondary benefits to 

retailers and consumers. For example, retailers noted that weekend 

settlement would provide secondary benefits, such as reduced amounts of 

cash in stores, thereby reducing potential losses due to theft and 

lower insurance costs. The accelerated settlement of transactions would 

also benefit retailers by lowering accounts receivable balances, as 

noncash payments owed to retailers settle faster.[Footnote 22] Grocery 

officials stated that cash represents a large risk for store employees, 

and therefore, on a daily basis, grocers tend not to maintain large 

amounts of cash in stores. Excess sums generally are sent to depository 

institutions, usually via armored car services. Under the current 

system, depository institutions are not open to accept retailers’ 

deposits on Saturday and Sunday evenings; therefore, deposits are 

generally maintained in store vaults or in bonded safes at the armored 

car services’ facilities, which is a cost to retailers. Banking 

industry representatives stated that retailers currently must pay to 

insure large amounts of cash over the weekend. Finally, accelerated 

settlement of transactions could also benefit consumers if they are the 

recipients of check payments by making funds available sooner, assuming 

that the EFAA and the Federal Reserve Board’s implementing regulations 

were amended to include weekends in the definition of “business day.”:



Weekend Settlement of Check, Credit and Debit Card Transactions Would 

Not Create New Interest Earnings; Rather, It Would Transfer Float 

Income:



The adoption of weekend settlement would transfer float income among 

retailers, consumers, and depository institutions rather than create 

new earnings. For example, retailers would earn interest income 

previously earned by check and debit card users, but no new interest 

income or wealth would be created. For credit cards, retailers 

potentially would obtain faster funds availability, but because card 

issuing depository institutions offer deferred payment to customers, 

retailers might earn additional interest income at the expense of 

depository institutions. For checks and debit cards, if retailers and 

consumers both had access to interest-bearing accounts or services 

provided by depository institutions, weekend settlement would move 

money more quickly out of customers’ accounts and into retail sector 

accounts. On the other hand, retail industry representatives also 

stated that a disadvantage of weekend settlement would be that checks 

they had written would clear faster, thereby reducing interest 

currently earned on those funds. Faster funds availability from weekend 

settlement also could present drawbacks for consumers. Consumer 

advocates stated that consumers might face increased overdrafts if they 

did not adjust to the accelerated debiting of their checks. Weekend 

settlement would negatively affect those people who depend on check 

float to avoid account overdrafts. For example, consumers might write a 

check on a Friday afternoon for an amount greater than their account 

balance, knowing that on the following Monday their paycheck would be 

credited to the account and cover the amount of the check.



Further, concerning the economy as a whole, the interest payments that 

retailers would receive from weekend settlement reflect transfers 

within the economy rather than the creation of income. For example, 

additional income that retailers might earn from weekend settlement of 

checks written or debit card transactions received from customers would 

be offset by corresponding losses of interest by check writers, debit 

card users, and depository institutions. Consumers with interest-

bearing checking accounts would lose the interest they would have 

earned on checks written on Friday evenings and Saturdays. If checks 

were drawn on noninterest-bearing accounts, then depository 

institutions would lose funds on which they were not paying interest. 

Corporate treasurers of retail businesses noted that although they 

potentially could accumulate interest earnings if weekend settlement 

were adopted and interest-earning accounts were available, depository 

institutions might pass along some or all of the costs of operating on 

weekends to retailers and consumers in the form of higher fees, thus 

lessening the gains to retailers. Depository institutions stated that 

to pay interest, they would need to have access to short-term 

investment markets on weekends. Our analysis showed that weekend 

settlement would be unlikely to provide any stimulus to economic 

growth. Its only impact would be to make funds available on weekends 

that would otherwise be available on Monday.



Weekend Settlement Would Require Payment Service Providers to Open on 

Weekends and Could Significantly Increase Costs:



Because payment system actors and processes are interdependent, weekend 

settlement would require payment service providers that clear and 

settle retail and wholesale payments to open on weekends, resulting in 

increased capital and operational costs. The greatest concern that 

payment service providers expressed to us was the cost of additional 

computer system and staffing resources needed to mitigate the increased 

risk of operational failures that weekend settlement would present. 

Although they could not provide exact cost figures for the additional 

resources they would need, payment service providers stated that costs 

would be significant and potentially prohibitive for small depository 

institutions. According to payment service providers, these operational 

costs would exceed any potential benefits that weekend settlement could 

create, and likely would reduce productivity in the payment system. 

Moreover, they stated that alternatives to weekend settlement with 

lower operational costs currently exist, and that efforts in other 

areas are under way to increase payment system efficiency.



Weekend Settlement Would Require Payment System Providers to Open on 

Weekends:



Because the payment system consists of interdependent processes and 

relationships among payment system actors, weekend settlement would 

require many payment service providers to open on weekends. For 

example, private and Federal Reserve cash and check processing centers 

and check transportation networks would have to be fully operational on 

weekends so that cash and check transactions could be cleared.[Footnote 

23] However, banking industry representatives pointed out that not all 

depository institutions’ branches would need to open. National and 

regional clearing organizations also would need to open so that 

transactions among depository institutions could be cleared, netted, 

and settled. According to depository institution officials we spoke 

with, both Federal Reserve and private ACH networks would have to open 

on weekends to facilitate settlement of check and debit card 

transactions. Similarly, private electronic network providers told us 

that Fedwire would need to open on weekends to facilitate final 

settlement of credit card transactions. In addition, depository 

institutions also stated that once retailers’ transactions are settled 

and their accounts are credited for weekend deposits, they would need 

government securities and money markets to open on weekends to invest 

these deposits and pay interest on excess sweep account balances. 

Federal Reserve and investment market officials told us that Fedwire 

and clearing organizations for investment markets also would need to 

open to clear and settle these transactions.



Eliminating Computer-System Downtime Would Increase the Risk of System 

Failures During the Business Week:



Payment service providers we met with generally viewed weekend downtime 

for computer systems as critical to the smooth provision of clearance 

and settlement services during the business week. Payment service 

providers stated that most computer systems are used to test, upgrade, 

and maintain computer-system activities on weekends when production 

activities are limited. These ongoing weekend activities reduce the 

potential for operational failures during the business week. Business 

continuity testing of computer systems remains a high priority for 

financial markets after the terrorist attacks of September 11, 2001. 

These tests generally take place on weekends and sometimes take more 

than 1 day to complete. Depository institution and clearing 

organization officials also said that weekend downtime is important for 

resolving problems that occur when implementing new software 

applications or upgrades to existing applications. Like other payment 

service providers, Federal Reserve officials told us that the Federal 

Reserve uses weekends to maintain and test its payment service 

applications and its internal accounting system that are used to settle 

payments.



Payment Service Providers Would Incur Significant Capital Costs:



Most payment service providers told us that because tests, upgrades, 

and maintenance would have to continue if weekend settlement were 

adopted, they would need additional computer hardware and software to 

simultaneously perform weekend settlement and regular weekend 

activities, thereby increasing capital costs. One private electronic 

payment network that moved from a 5 day production schedule to a 7 day 

production schedule for transaction processing characterized its costs 

as substantial. The network had to purchase additional hardware to 

double computer system capacity so that it could maintain complete 

redundancy in production, contingency, and testing activities 7 days a 

week. Representatives for the network said that their case could be an 

example of the potential hardware resources that other payment service 

providers could face if weekend settlement were adopted. Officials at a 

large depository institution and investment market representatives 

pointed out that payment service providers would have to modify each 

line of relevant software code to reflect Saturdays and Sundays as 

valid settlement dates. The depository institution officials said that 

their retail banking operations would require code changes for the 

institution’s 80 software applications--with estimated costs in the 

millions of dollars. Clearing organizations also identified the need 

for additional software to carry out settlement on weekends and 

estimated that software costs would exceed potential hardware costs.



Human Capital Needs Would Increase Operational Costs:



Additional staff needed to carry out weekend settlement also would 

increase operational costs for payment service providers. Some payment 

service providers estimated that staffing costs for weekend settlement 

could increase current operating budgets by up to 40 percent. For 

instance, depository institutions would require additional staff in 

departments that currently are not open on weekends, such as staff to 

handle check presentments[Footnote 24] and return checks and staff to 

manage their general ledgers and Federal Reserve accounts. Banking 

industry representatives noted that small depository institutions that 

perform their own clearing and processing activities would need to hire 

additional staff to prepare cash and checks for weekend shipment to 

local Federal Reserve Banks and branches. This could be particularly 

costly for small depository institutions because “back-office” staffs 

often consist of one person. Similarly, Federal Reserve officials said 

that additional staff would be needed for check processing, ACH, 

Fedwire, internal accounting, credit and risk management, and 

information technology operations, as well as other support functions. 

Investment market representatives commented that the human capital 

costs of weekend operations would be high because firms likely would 

have to pay senior staff at premium rates to work on weekends.



Weekend Investment Markets Likely Would Be Inefficient and Illiquid:



Investment market representatives said that operating on weekends would 

decrease market efficiency and that they generally expected that 

weekend markets would be inefficient and illiquid because weekend 

trading activity likely would be low. Investment market representatives 

pointed out that liquidity in weekend markets would be generated only 

if there were sufficient numbers of investment firms interested in 

obtaining retailers’ excess sweep account balances. They noted that 

investment firms have many other options for short-term investment 

beyond government securities and money market instruments--typical 

investment vehicles used by depository institutions for sweep account 

funds. For these reasons, they noted that they sometimes recommend 

closing markets early before holidays, such as Good Friday, if trading 

volumes are low, to preserve market efficiency and create greater 

liquidity. In general, they did not expect weekend investment market 

liquidity to offset the potential operating costs. Similarly, 

depository institution officials and clearing organizations 

anticipated that weekend settlement would result in the spreading out 

current 5-day transaction volume over 7 days of operations, thereby 

decreasing system efficiency.



Proposed Variations of Weekend Settlement Are Not Practical:



Two proposed variations of 7 day settlement are currently viewed as not 

practical and too costly. The first variation involves a 6 day 

settlement schedule, where settlement would occur Monday through 

Saturday. Payment service providers told us that a 6 day settlement 

schedule would present lower operational risk and costs relative to a 7 

day settlement schedule, but currently would be complicated and too 

expensive. Some payment providers noted that once technology more 

generally allows faster computer processing, 6-day settlement could be 

possible because it would provide 1 day during which computer system 

maintenance could be performed. The second variation relates to 

selective processing of transactions by payment method--for example, 

weekend processing of cash or check transactions. However, according to 

banking industry representatives, processing and settlement by payment 

method would be impractical because depository institutions’ demand 

deposit accounting systems, which debit and credit customer accounts, 

do not differentiate transactions by payment methods. Rather, 

representatives from depository institutions stated that large batches 

of transactions are queued for debiting from and crediting to customer 

accounts regardless of the payment method associated with the 

transaction. Federal Reserve officials also said that selective 

settlement also would require the supporting settlement infrastructure 

to open on weekends, such as Fedwire funds transfer and securities 

transfer services. Therefore, such an approach would not lower 

operational costs of settling transactions on weekends.



Lower-cost Alternatives Are Currently Available:



We identified current banking services that provide business customers 

with some of the advantages of weekend settlement but do not require 

payment service providers to incur costs of weekend operations. For 

example, officials at a large depository institution said that one of 

its large business customers requested a service whereby, on Mondays, 

the depository institution provides backdated interest on funds that 

the customer deposits on Mondays, as if the funds had been deposited 

and credited to the customer’s account over the weekend. Officials from 

the depository institution noted that this service is no different than 

other services in that it is provided to the customer for a fee. 

Banking industry representatives told us that some depository 

institutions offer “fully analyzed” accounts, whereby they calculate 

the average daily account balances[Footnote 25] of commercial customers 

and determine daily interest earnings credit based on those figures. 

They noted that fully analyzed accounts allow account fees and charges 

to be offset by earnings credit based on the average daily collected 

account balance. Depository institution officials and banking industry 

representatives said that these services are offered within the context 

of existing relationships with commercial customers. They generally 

viewed these services as alternative methods of providing weekend 

interest earnings for business customers that do not require other 

payment service providers to be in operation on weekends.



Other Efforts Are Under Way to Increase Efficiency in the Payment 

System:



According to Federal Reserve and clearing organization officials, 

ongoing efforts to increase payment system efficiency relate to 

extending Fedwire’s hours of operation during the business week to 

correspond with activity in Asian markets. Although extending Fedwire’s 

hours of operation would not provide retailers with weekend interest 

earnings, it could increase efficiency in the payment system by 

allowing firms to consolidate risk management resources. Payment 

service providers generally expected that in the short term, increased 

efficiency in the payment system would come from converting 

traditionally paper-based payment methods into electronic form. Some 

payment service providers said that check truncation--the conversion of 

a paper check into an electronic equivalent that is transmitted in 

place of the original check--would eliminate the float that 

transporting checks creates in the check collection process.[Footnote 

26] Officials at one clearing organization said that weekend settlement 

costs could be lowered if there were an increase in electronic payment 

instruments and a corresponding decline in paper-based payment 

instruments within the payment system.



Federal Laws Do Not Directly Prohibit Weekend Settlement; However, 

State Closure Laws Could Impede Development of a Uniform Weekend 

Settlement System:



Our legal research found no federal law that would specifically 

prohibit banks, clearing organizations, or other entities from engaging 

in weekend settlement operations. Some states, however, have laws 

prohibiting banks from doing business on Sundays or state 

holidays.[Footnote 27] OCC has determined that state bank closure laws 

do not apply to national banks.[Footnote 28] National banks, therefore, 

would not be prohibited from engaging in weekend settlement operations. 

However, in states prohibiting banks from operating on certain days, 

state-chartered banks would be precluded from conducting such 

operations on those days unless the closure laws were preempted. The 

federal financial institution regulators do not specifically regulate 

the hours of operation of state-chartered institutions, so state 

closure laws generally have not been preempted with respect to such 

institutions.[Footnote 29] We express no opinion regarding the extent 

to which the Federal Reserve, pursuant to its authority over the 

payment system, could preempt state closure laws in order to provide 

for weekend settlement services.[Footnote 30] It appears that Congress 

could choose to preempt such laws through legislation. Because they 

have not been preempted, state closure laws applicable to state banks 

could interfere with the development of a uniform national weekend 

settlements system. Our research indicates, however, that a relatively 

small number of states have Sunday closure laws.



In addition to state closure laws, development of a weekend settlement 

system involves other legal considerations. For example, under the EFAA 

and the Federal Reserve’s Regulation CC, deposited funds must be made 

available and checks must be returned within time periods based on 

“business days” and “banking days.” The term “business day” is defined 

as a calendar day other than a legal holiday, Saturday, or Sunday; a 

“banking day” is a business day on which a bank office conducts 

substantially all of its banking operations.[Footnote 31] Even if banks 

were to conduct settlement operations over the weekend, such operations 

would not necessarily result in corresponding funds availability and 

check returns because weekends are not counted as business days. 

Moreover, the settlement process could be complicated by a lack of 

uniformity and predictability in bank operations that might exist if 

banks were to conduct their clearing and settlement operations using 

different timetables.



Other legal considerations include the impact of wage and hour laws and 

matters of safety and soundness. To the extent bank employees involved 

in settlement operations are subject to federal and state wage and hour 

laws, institutions would have to ensure that weekend operations did not 

run afoul of provisions requiring, among other things, the payment of 

overtime for work in excess of 40 hours per week. Concerning safety and 

soundness issues, banks would have to ensure that utilizing computer 

systems and other resources on weekends would not compromise their 

ability to maintain and update financial and security systems.



Agency Comments and Our Evaluation:



We received technical comments and corrections on a draft of this 

report from Treasury and the Federal Reserve that we incorporated, as 

appropriate. In addition, the Federal Reserve provided written comments 

in which it agreed that the potential costs of weekend settlement would 

outweigh the associated benefits. These comments are reprinted in 

appendix IV.



As agreed with your office, we plan no further distribution of this 

report until 30 days from its issue date unless you publicly release 

its contents sooner. We will then send copies of this report to the 

Chairman of the Committee on Financial Services, House of 

Representatives; the Ranking Minority Member of the Committee on 

Financial Services, House of Representatives; the Ranking Minority 

Member of the Subcommittee on Financial Institutions and Consumer 

Credit, House of Representatives; the Secretary of the Department of 

the Treasury; and the Chairman of the Board of Governors of the Federal 

Reserve System. We will make copies available to others on request. In 

addition, this report is also available on GAO’s Web site at no charge 

at http://www.gao.gov.



Please contact me or Barbara Keller, Assistant Director, at (202) 512-

8678 if you or your staff have any questions concerning this letter.



Sincerely yours,



Davi M. D’Agostino

Director, Financial Markets and Community Investment:



Signed by Davi M. D’Agostino:



[End of section]



Appendix I: Scope and Methodology:



Determining the Potential Benefits of Weekend Settlement:



To determine the potential benefits of weekend settlement, we 

interviewed and requested data from consumers groups, retail 

representatives, and payment service providers.[Footnote 32] We focused 

our study on the clearance and settlement of retail payments made by 

cash (which requires no clearing and settles instantaneously), checks, 

debit, and credit cards. We spoke with consumer advocacy groups to 

obtain the consumer perspective, and we interviewed representatives 

from industries within the retail sector, including grocery industry 

and home improvement industry representatives. We focused on the 

grocery industry because the majority of sales take place on weekends 

and primarily involve cash, check, and debit card transactions.



Estimation of the Forgone Interest Earnings of the Grocery Industry:



To estimate the forgone interest earnings of the grocery industry, we 

obtained studies from third-party sources, some of which were conducted 

by industry participants. We have not assessed the quality of the 

research methodologies used in these studies. We used calendar year 

2000 grocery industry sales data from the Progressive Grocer (PG), an 

industry publication. This was the latest year for which complete 

information was available. We also obtained grocery industry sales data 

from the U.S. Census Bureau for comparison purposes. We used the 

results of a payments study, performed by a large electronic network 

provider, that tracked the purchasing behavior of 20,000 consumers to 

determine what percentage of grocery sales are made with cash, check, 

and debit cards, respectively. We also used the results of a consumer 

survey on when consumers shop during the week, published in the 

Progressive Grocer 2001 Annual Report and short-term interest rate data 

from the Board of Governors of the Federal Reserve System. Appendix III 

provides details on our calculation of the forgone interest earnings.



Determining the Potential Costs and Operational Issues of Weekend 

Settlement:



We spoke with payment system providers to gain their perspectives on 

the potential costs and operational issues involving weekend 

settlement. We interviewed officials from several depository 

institutions, banking and bond market industry representatives, 

clearing organizations, and private electronic payment network 

operators. We interviewed officials from various components of the 

Federal Reserve involved in the provision of payment system services 

including cash and check processing, check transportation, ACH 

services, wholesale payments services, and open market 

operations.[Footnote 33] We also spoke with senior staff from the 

Department of the Treasury about the potential implications of weekend 

settlement on the Treasury securities market.



We obtained information from corporate treasury representatives on the 

perceived advantages and disadvantages of weekend settlement. Finally, 

to analyze and compare U.S. settlement schedules, we obtained 

information from representatives of central banks in selected foreign 

countries on the operating schedules of their respective settlement 

systems. We also obtained information from central banks’ Web sites. We 

focused our analysis of international settlement schedules on countries 

with relatively modern, industrialized economies in selected geographic 

areas--specifically, Asia, Europe, North America, Australia, and New 

Zealand, as depicted in appendix II.



Identifying Potential Legal Considerations Raised by Weekend 

Settlement:



We based our analysis of potential legal considerations involving 

weekend settlement on research of relevant federal and state statutes, 

regulations, judicial decisions, and other legal databases, and 

conducted interviews with banking agency attorneys and representatives 

of payment system providers.



We conducted our work in Washington, D.C., Atlanta, Georgia, and New 

York, New York, between February and September 2002 in accordance with 

generally accepted government auditing standards.



[End of section]



Appendix II: Operating Hours of Wholesale Settlement Systems in 
Selected 

Countries:



Country: United States; Wholesale System: Fedwire; Days: Mon - Fri; 

Hours in Local and Greenwich Mean Time (GMT) Zone: 12:30 am - 6:30 pm 

(GMT -5).



Country : United States; Wholesale System: CHIPS; Days: Mon - Fri; 

Hours in Local and Greenwich Mean Time (GMT) Zone: 12:30 am - 5:00 pm 

(GMT -5).



Country: Japan; Wholesale System: Bank of Japan - Network (BOJ - NET); 

Days: Mon - Fri; Hours in Local and Greenwich Mean Time (GMT) Zone: 

9:00 am - 8:00 pm (GMT +9).



Country: Canada[A]; Wholesale System: Large Value Transfer System 

(LVTS); Days: Mon - Fri; Hours in Local and Greenwich Mean Time (GMT) 

Zone: 8:00 am - 6:00 pm (GMT -5).



Country: European Union[B]; Wholesale System: Trans-European Automated 

Real-time Gross settlement Express Transfer (TARGET); Days: Mon - Fri; 

Hours in Local and Greenwich Mean Time (GMT) Zone: 7:00 am - 6:00 pm 

(GMT +1).



Country: Australia; Wholesale System: Society for Worldwide Interbank 

Financial Telecommunications - Payment Delivery System (SWIFT - PDS); 

Days: Mon - Thu; Fri; Hours in Local and Greenwich Mean Time (GMT) 

Zone: 9:15 am - 4:30 pm (GMT +10); 9:15 am - 5:00 pm.



Country: New Zealand; Wholesale System: Exchange Settlement Account 

System (ESAS); Days: Mon - Fri; ; Sat - Sun; Hours in Local and 

Greenwich Mean Time (GMT) Zone: 9:00 am -7:00 pm (GMT +12); 8:00 pm -

8:40 am (+1 day); Closed 12:01 am Sat; - 11:59 pm Sun.



Country: Hong Kong; Wholesale System: Hong Kong Dollar Real Time Gross 

Settlement 

(HKD RTGS); Days: Mon - Fri; Sat; Hours in Local and Greenwich Mean 

Time (GMT) Zone: 9:00 am - 5:30 pm (GMT +8); 9:00 am - 12:00 pm.



Country: Singapore; Wholesale System: Monetary Electronic Payment 

System - Interbank Funds Transfer (MEPS - IFT); Days: Mon - Fri; Sat; 

Hours in Local and Greenwich Mean Time (GMT) Zone: 9:00 am - 6:30 pm 

(GMT +8); 9:00 am - 2:45 pm.



Country: Korea; Wholesale System: Bank of Korea - Wire; Days: Mon - 

Fri; Hours in Local and Greenwich Mean Time (GMT) Zone: 9:30 am - 4:30 

pm (GMT +9).



Source: GAO analysis of central bank data.



[A] All countries have real-time gross settlement systems except 

Canada, which has a net-settlement system.



[B] The following European Union countries participate in TARGET: 

Austria, Belgium, Finland, France, Germany, Ireland, Italy, Luxembourg, 

The Netherlands, Portugal, and Spain. :



[End of table]



[End of section]



Appendix III: Weekend Settlement of Financial Transactions: Forgone 

Earnings Analysis:



Grocery industry representatives said that because the settlement 

system is not open on weekends, retailers are losing money because the 

funds they receive on Friday evening, Saturday, and Sunday cannot be 

credited to their accounts and earn interest before Monday, at the 

earliest. These calculations estimate the amount of interest forgone to 

the grocery industry for retail transactions made by cash, checks, and 

credit and debit cards. This calculation measures the upper bound of 

forgone earnings. It assumes that every store would deposit every 

dollar and every check at the bank on the day that it is received. It 

also does not take into account that payments made by retailers, under 

weekend settlement, would be debited from their accounts earlier, 

thereby potentially decreasing their interest earnings.



Interest Rates:



To measure forgone interest earnings, we used the federal funds rate, 

the rate at which a bank with excess reserves at a Federal Reserve 

district bank charges other banks that need overnight funds. This is an 

appropriate measure because the excess grocery funds would be invested 

in a similar, short-term fashion. The average federal funds rate from 

January 1, 1998, to January 1, 2002, was approximately 5 percent. The 

current federal funds rate is approximately 2 percent. We estimated 

forgone earnings at both of these rates.



Period of Lost Earnings:



To gain credit for deposits for a given day, retailers must have 

deposits collected by approximately 2:00 p.m. on that day. Grocery 

industry representatives stated that most Friday sales tend to occur 

after that hour; therefore, we assumed that all proceeds from Friday, 

Saturday, and Sunday do not get deposited until Monday. However, Sunday 

proceeds deposited on Monday generally would be processed as quickly as 

money deposited Monday through Thursday; therefore, we did not include 

Sunday proceeds as idle balances.



Table 2: Estimated Forgone Earnings Analysis by Payment Method:



[See PDF for image]



Note: “M” represents dollars in millions, and “B” represents dollars in 

billions.



[End of table]



Source: GAO analysis of Food Marketing Institute and U.S. Census Bureau 

data.



[End of section]



Appendix IV: Comments from the Board of Governors of the Federal 
Reserve 

System:





BOARD OF GOVERNORS OF THE

FEDERAL RESERVE SYSTEM

WASHINGTON, D.C. 20551:



LOUISE L. ROSEMAN:



DIRECTOR DIVISION OF RESERVE BANK OPERATIONS AND PAYMENT SYSTEMS:



September 12, 2002:



Ms. Davi M. D’Agostino:



Director, Financial Markets and Community Investment United States 

General Accounting Office:



441 G Street, N.W. Washington, D.C. 20548:



Dear Ms. D’Agostino:



Thank you for the opportunity to comment on the General Accounting 

Office’s draft report titled Weekend Settlement: Potential Benefits, 

Costs, and Legal Issues. We agree with the report’s conclusion that the 

costs of weekend settlement outweigh the associated benefits.



We have provided detailed comments on the draft report under separate 

cover.



Sincerely:



LOUISE L. ROSEMAN:



Signed by LOUISE L. ROSEMAN:



Email: Louise.Rosemana@frb.gov Phone: (202)452-2789* Fax: (202) 452-

2746:





[End of section]



Appendix V: GAO Contacts and Staff Acknowledgments:



GAO Contacts:



Davi M. D’Agostino (202) 512-5431

Barbara I. Keller (202) 512-9624:



Acknowledgments:



In addition to those named above, Tonita W. Gillich, Marc Molino, 

Robert Pollard, Carl Ramirez, Barbara Roesmann, Nicholas Satriano, Paul 

Thompson, and John Treanor made key contributions to this report.



[End of section]



Appendix VI: Related GAO Products:



U.S. General Accounting Office, Payment Systems: Central Bank Roles 

Vary, but Goals Are the Same, GAO-02-303 (Washington, D.C.: (February 

25, 2002).



U.S. General Accounting Office, Check Relay: Controls in Place Comply 

With Federal Reserve Guidelines, GAO-02-19 (Washington, D.C.: December 

12, 2001).



U.S. General Accounting Office, Federal Reserve System: Mandated Report 

on Potential Conflicts of Interest, GAO-01-160 (Washington, D.C.: 

November 13, 2000).



U.S. General Accounting Office, Retail Payments Issues: Experience With 

Electronic Check Presentment,  GAO/GGD-98-145 (Washington, D.C.: July 

14, 1998).



U.S. General Accounting Office, Payments, Clearance, and Settlement: A 

Guide to the Systems, Risks, and Issues, GAO/GGD-97-73 (Washington, 

D.C.: June 20, 1997).



FOOTNOTES



[1] For purposes of this report, payment service providers include 

depository institutions; clearing organizations; payment service areas 

of the Federal Reserve; private electronic credit card, debit card, and 

automated clearing house (ACH) networks; and investment market dealers 

of government securities and money market instruments. ACH refers to an 

electronic clearing system in which payment orders are exchanged among 

financial institutions, via telecommunications networks, and are 

handled by a data processing center.



[2] Although depository institutions are forbidden from paying interest 

on commercial demand deposit accounts, see 12 C.F.R. §217.3 and Part 

329 (2002), commercial customers can earn interest on funds that 

depository institutions place in overnight, uninsured investment 

accounts. This arrangement, known as a sweep account, is discussed 

later in this report. 



[3] For purposes of this analysis, weekend sales comprise Friday, 

Saturday, and Sunday sales.



[4] Clearing is the process of transmitting, reconciling and in some 

cases, confirming payment orders or security transfer instructions 

before settlement, possibly including the netting of instructions and 

the establishment of final positions for settlement. Netting is an 

agreed upon offsetting of positions or obligations by trading partners 

that can reduce a large number of individual obligations or positions 

to a smaller number.



[5] We did not include equity market instruments in this report because 

payment service providers we spoke with stated that these instruments 

generally are not used to make low-risk, short-term investments for 

business customers’ cash management purposes.



[6] Fedwire is the Federal Reserve’s real-time gross-settlement network 

that settles large-value or wholesale payments and book-entry 

securities transactions.



[7] Preemption--where a federal law or regulation overrides a state 

law--can occur when a federal law and a state law conflict. Preemption 

of a state law is rooted in the Constitution’s Supremacy Clause.



[8] See, e.g., Md. Code Ann., Fin. Inst. § 5-704 (1998 & 2001 Supp.); 

Ga. Code Ann. § 7-1-294 (2001).



[9] See OCC Interp. Ltr. No. 706 (Jan. 8, 1996); see also 12 C.F.R. § 

7.3000 (2002).



[10] In other contexts, federal law governing the payments system 

preempts inconsistent state laws. For example, federal law and 

regulations governing the availability of deposited funds, apply to 

virtually all depository institutions located in the United States and 

preempt inconsistent state laws. See 12 U.S.C. 4007; 12 C.F.R. §§ 

229.2(e), 229.20 (2002), respectively. In addition, Congress has 

authorized the Board of Governors of the Federal Reserve System to 

regulate any aspect of the payments system, including the receipt, 

payment, and collection of checks. See section 609(c)(1) of the 

Expedited Funds Availability Act (EFAA), 12 U.S.C. § 4008(c)(1) (2000).



[11] 12 U.S.C. § 4001(3) (2000); see also 12 C.F.R. § 229.2(f),(g) 

(2002).



[12] Typical ACH credit payments include salaries, consumer and 

corporate bill payments, interest and dividends, and Social Security; 

ACH debit payments include mortgage payments, insurance payments, and 

check payments that have been converted into electronic payments at the 

point-of-sale. FedACH is the Federal Reserve’s centralized application 

software used to process ACH transactions.



[13] A correspondent bank is a depositary institution that--by 

arrangement--holds the deposits of another depository institution and 

provides payments and other services for that depository institution. 



[14] We discuss these and other aspects of clearance and settlement 

processes in the following: U.S. General Accounting Office, Payments, 

Clearance, and Settlement: A Guide to the System, Risk, and Issues, 

GAO/GGD-97-73 (Washington, D.C.: June 20, 1997).



[15] There are two main types of debit cards--personal identification 

number (PIN) based and signature based cards--which clear and settle 

using different networks. PIN based debit cards clear through PIN debit 

networks, which route the transaction message to the card-issuing bank 

(or agent) for approval. At the end of the settlement day, the 

transactions are accumulated and totaled by the network, and a net 

credit is sent to the retailer’s bank and net debits are sent to the 

card issuing institutions. Signature based debit cards generally use 

credit card networks for approval, clearance and settlement. If the 

transaction is approved by the customer’s bank, the customer signs the 

receipt, therefore accepting liability. On a daily basis, credit card 

companies create net settlement positions for the retailer’s bank and 

the card-issuing bank. The net positions generally are settled by 

Fedwire funds transfers through a correspondent bank.



[16] 12 U.S.C. §461(a) and 12 C.F.R. Parts 217 and 329 (2002).



[17] Generally, depository institutions use two types of sweep 

programs. Wholesale sweeps, which have been offered to business 

customers since the 1970s, move checking account balances above a 

negotiated minimum out of the non-interest-earning checking account and 

into other nondeposit financial instruments that earn interest, such as 

money market mutual funds or other financial instruments. Retail 

sweeps, which first appeared in 1994, move excess checking account 

balances out of the checking account and into another deposit account 

(typically, a kind of savings deposit account, known as a money market 

deposit account (MMDA) on which interest can be paid. See 12 C.F.R. 

204.2(d)(2).



[18] Retail sweep programs generally involve software that creates two 

subaccounts, an MMDA subaccount and a transaction subaccount, for each 

customer checking account. The subaccount structure typically is 

transparent to the customer: the customer cannot make deposits into, or 

withdrawals from, MMDA subaccount directly. To depositors, the 

subaccount structure appears to remain a single checking account; to 

the Federal Reserve, the depository institution’s reservable 

transaction account balances have decreased. Funds are then swept out 

of the MMDA back into the checking account as needed to cover payments 

up to six times per month, in accordance with regulatory limitations on 

the number of monthly transfers from MMDAs. See 12 C.F.R. §§ 217.3, 

204.2(b), (d) (2002).



[19] The G-10 is made up of 11 major industrialized countries that 

consult on general economic and financial matters. The 11 countries are 

Belgium, Canada, France, Germany, Italy, Japan, the Netherlands, 

Sweden, Switzerland, the United Kingdom, and the United States.



[20] According to grocery industry officials, 33 percent of sales are 

made with cash, 35 percent are made with checks, and 32 percent are 

made with credit or debit cards and other forms of payment.



[21] The forgone interest earnings were estimated by multiplying the 

receipts that could not be credited until Monday by short-term interest 

rates. 



[22] Accounts receivable are assets created by selling products or 

services on credit. 



[23] Currently, the Federal Reserve operates limited clearing 

operations and uses airfreight forwarding services for check 

transportation on weekends. 



[24] Presentment of a check occurs when a check is delivered to the 

bank on which it is drawn and demand for payment is made. Generally, 

presentment requires physical delivery of a check (directly or through 

the check collection process) to the bank on which it is drawn. Parties 

may agree, however, that delivery of information about the check (such 

as information encoded on the bottom of the check, or a copy or image 

of the check), rather than delivery of the check itself, constitutes 

presentment.



[25] Depository institutions build the cost of maintaining noninterest 

bearing required reserves into their calculations.



[26] The Federal Reserve recently proposed legislation to facilitate 

check truncation. Under the Federal Reserve’s proposed Check Truncation 

Act, banks could agree, as they can today, to send check images or 

information to each other electronically rather than exchange the 

original checks. The proposed legislation would create a new 

instrument, called a “substitute check,” from an electronic check image 

that would be the legal equivalent of the original check, potentially 

streamlining the check collection and return process, even in cases in 

which banks do not have electronic exchange agreements. The Federal 

Reserve indicated that the purpose of its proposed legislation was to 

foster payment system innovation and enhance the efficiency of the 

payment system by reducing some of the legal impediments to check 

truncation that exist under current law. 



[27] See, e.g., Md. Code Ann., Fin. Inst. § 5-704 (1998 & 2001 Supp.); 

Ga. Code Ann. § 7-1-294 (2001); La. Rev. Stat. Ann. 1 § 55.D (2002).



[28] See OCC Interp. Ltr. No. 706 (Jan. 8, 1996); see also 12 C.F.R. § 

7.3000 (2002).



[29] Hours of operation are pertinent to supervisory determinations 

regarding community access to an institution’s services, however.



[30] The Expedited Funds Availability Act (12 U.S.C. § 4001 et seq.) 

provides that the Act and regulations prescribed thereunder shall 

supersede inconsistent state law, with one exception. (The Act does not 

preempt state laws that were in effect on September 1, 1989, and that 

provide for shorter availability periods than does the Act.) See 12 

U.S.C. § 4007 and 12 CFR 229.20 (2002). Congress has charged the 

Federal Reserve with responsibility for prescribing regulations to 

implement the as well as for regulating any aspect of the payment 

system in order to carry out the provisions of the Act 12 U.S.C. 

§ 4008(a),(c)(1) (authorizing Board of Governors, in order to carry out 

the provisions of the Act, to regulate any aspect of the payments 

system, including the receipt, payment, and collection of checks). 



[31] 12 U.S.C. § 4001(3) (2000); 12 CFR § 229.2(f), (g) (2002). 



[32] In this report, we refer to depository institutions, clearing 

organizations, the payment service areas of the Federal Reserve System 

(Federal Reserve), private electronic credit card, debit card, and 

automated clearing house (ACH) networks, and government securities 

dealers as payment service providers.



[33] Through open market operations, the Federal Reserve buys and sells 

U.S. government securities in the secondary market to directly adjust 

the level of nonborrowed reserves in the banking system. This 

adjustment to reserves influences the federal funds rate. Changes in 

the federal funds rate often have a strong effect on other short-term 

interest rates. The Open Market Desk of the Federal Reserve Bank of New 

York engages in the trades on behalf of the Federal Reserve System. 

Decisions about the purchase or sale of securities in the open market 

are based on a directive that was developed by the Federal Open Market 

Committee.



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