108th CONGRESS
1st Session
H. R. 2074
To require certain disclosures in connection with any international
money transfer, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 13, 2003
Mr. GUTIERREZ (for himself and Mr. FRANK of Massachusetts) introduced the following
bill; which was referred to the Committee on Financial Services
A BILL
To require certain disclosures in connection with any international
money transfer, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `International Money Transfer Disclosure Act'.
SEC. 2. DISCLOSURES REQUIRED.
(1) IN GENERAL- Subject to paragraph (2), the appropriate Federal agencies
shall jointly prescribe regulations that require any financial institution
or money transmitting business which initiates an international money transfer
on behalf of a consumer (whether or not the consumer maintains an account
at such institution or business) to make a good faith effort to provide the
following disclosures to the consumer before the consummation of the transaction:
(A) Any fees to be charged to the recipient, including any exchange rate
or currency conversion fees.
(B) A final itemization of all costs to the consumer, which would include
all fees charged, for the remittance.
(C) The exact amount of foreign currency to be received by the recipient
in the foreign country.
(2) GOOD FAITH EFFORT- For purposes of paragraph (1), good faith effort requires
honesty in fact and all commercially reasonable efforts to provide the disclosures
based on the most accurate information reasonably available to the financial
institution or money transmitting business at the time of the international
money transfer.
(b) LANGUAGE REQUIREMENT- The disclosures required under subsection (a) shall
be in English and in the same language, if other than English, as the language
principally used by the financial institution or money transmitting business,
or any of its agents, to advertise, solicit, or negotiate, either orally or
in writing, at the office of the institution or business at which the international
money transfer is initiated.
(c) DEFINITIONS- For purposes of this section, the following definitions shall
apply:
(1) APPROPRIATE FEDERAL AGENCY- The term `appropriate Federal agency' means--
(A) the appropriate Federal banking agency, in the case of any insured depository
institution (as such terms are defined in section 3 of the Federal Deposit
Insurance Act);
(B) the National Credit Union Administration, in the case of any credit
union (as defined in section 101 of the Federal Credit Union Act); and
(C) the Federal Trade Commission, in the case of any financial institution
or money transmitting business that is not an insured depository institution
or insured credit union.
(2) INTERNATIONAL MONEY TRANSFER- The term `international money transfer'
means any money transmitting service originating in the United States and
involving an international transaction which is provided by a financial institution
or a money transmitting business.
(3) MONEY TRANSMITTING SERVICE- The term `money transmitting service' has
the meaning given to such term in section 5330(d)(2) of title 31, United States
Code.
(4) MONEY TRANSMITTING BUSINESS- The term `money transmitting business' means
any business which--
(A) provides check cashing, currency exchange, or money transmitting or
remittance services, or issues or redeems money orders, travelers' checks,
and other similar instruments; and
(B) is not a depository institution (as defined in section 5313(g) of title
31, United States Code).
(d) ADMINISTRATIVE ENFORCEMENT-
(1) DEPOSITORY INSTITUTIONS-
(A) IN GENERAL- Compliance with the requirements imposed under this section
shall be enforced under--
(i) section 8 of the Federal Deposit Insurance Act, in the case of an
insured depository institution, by the appropriate Federal banking agency
(as such terms are defined in section 3 of the Federal Deposit Insurance
Act); and
(ii) the Federal Credit Union Act, in the case of any insured credit union
(as defined in section 101 of the Federal Credit Union Act), by the National
Credit Union Administration.
(B) APPLICABILITY OF OTHER LAWS-
(i) VIOLATIONS OF THIS SECTION- For the purpose of the exercise by any
agency referred to in subparagraph (A) of its powers under any Act referred
to in that subparagraph, a violation of any requirement imposed under
this section shall be deemed to be a violation of a requirement imposed
under that Act.
(ii) OTHER AUTHORITY- In addition to its powers under any provision of
law specifically referred to in subparagraph (A), each of the agencies
referred to in such subparagraph may exercise, for the purpose of enforcing
compliance with any requirement imposed under this section, any other
authority conferred on it by law.
(2) OTHER MONEY TRANSMITTING BUSINESSES-
(A) APPROPRIATE FEDERAL REGULATOR- Except to the extent that enforcement
of the requirements imposed under this section is specifically committed
to some other Government agency under paragraph (1), the Federal Trade Commission
shall enforce such requirements.
(B) APPLICABILITY OF OTHER LAWS-
(i) VIOLATIONS OF THIS SECTION- For the purpose of the exercise by the
Federal Trade Commission of its functions and powers under the Federal
Trade Commission Act, a violation of any requirement imposed under this
section shall be deemed a violation of a requirement imposed under that
Act.
(ii) OTHER AUTHORITY- All of the functions and powers of the Federal Trade
Commission under the Federal Trade Commission Act are available to the
Commission to enforce compliance by any person subject to the jurisdiction
of the Commission with the requirements imposed under this section, irrespective
of whether that person is engaged in commerce or meets any other jurisdictional
tests in the Federal Trade Commission Act.
(e) EFFECTIVE DATE- This section shall apply to any international money transfer
initiated in the United States after the end of the 3-month period beginning
on the date of the enactment of this Act.
END