I
105TH CONGRESS
2D SESSION
H. R. 4311
To amend title 31, United States Code, to establish protections for recipients
of Federal payments made by electronic funds transfer, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 22, 1998
Mr. VENTO introduced the following bill; which was referred to the Committee
on Government Reform and Oversight
A BILL
To amend title 31, United States Code, to establish protec-
tions for recipients of Federal payments made by elec-
tronic funds transfer, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Electronic Funds
Transfer Account Improvement and Recipient Protection
Act’’.
SEC. 2. PROTECTIONS FOR RECIPIENTS OF FEDERAL PAY-
MENTS MADE BY ELECTRONIC FUNDS TRANS-
FER.
(a) IN GENERAL.—Section 3332 of title 31, United
States Code, is amended by redesignating subsections (h),
(i), and (j) as subsections (i), (j), and (k), respectively,
and by inserting after subsection (g) the following:
‘‘(h)(1) The head of each Federal agency that makes
Federal payments in the form of retirement payments or
benefit payments shall include, in any explanatory notices
to payees regarding those payments and with each such
payment that is mailed, written notice informing the per-
son regarding the requirements and protections of this
section, including—
‘‘(A) information regarding how to obtain elec-
tronic funds transfer, including information regard-
ing the account to be established by the Secretary
under subsection (j)(2);
‘‘(B) a toll-free telephone number and postal
address for obtaining additional information; and
‘‘(C) instructions regarding how to obtain or
change an account at a financial institution pursu-
ant to this section.
‘‘(2) At a minimum, each person entitled to receive
particular Federal payments may elect whether or not to
receive those payments by electronic funds transfer to an
exceeds the national average (as determined and
published by the Secretary) of fees charged to all
consumers for similar transactions; and
‘‘(ii) shall allow the recipient to engage in 5
such transactions each month without charge.
‘‘(B) Any violation of subparagraph (A) shall, for
purposes of sections 915 and 916 of the Electronic Funds
Transfer Act (15 U.S.C. 1693m and 1693n), be treated
as a violation of that Act.
‘‘(C) This paragraph shall apply only to transactions
occurring after the effective date of regulations issued by
the Secretary of the Treasury implementing this para-
graph.’’.
(b) REGULATIONS.—The Secretary of the Treasury
shall issue regulations implementing the amendment made
by subsection (a).
SEC. 3. REPORT ON IMPLICATIONS OF YEAR 2000 COM-
PUTER PROBLEMS FOR ELECTRONIC FUNDS
TRANSFER REQUIREMENTS.
(a) IN GENERAL.—Not later than December 31,
1998, the Secretary of the Treasury, acting through the
Financial Management Service, shall report to the Con-
gress on the implications of the year 2000 computer prob-
lem for implementation of requirements under Federal law
that Federal payments shall be made by electronic funds
transfer.
(b) CONTENTS.—The report shall include informa-
tion regarding—
(1) corrections being made to Federal agency
computer programs;
(2) Federal agency plans for solving potential
problems for recipients of Federal payments; and
(3) whether delaying implementation of elec-
tronic funds transfer requirements would help or
hinder resolution of year 2000 computer problems
with respect to electronic funds transfers.
(c) YEAR 2000 COMPUTER PROBLEM.—In this sec-
tion, the term ‘‘year 2000 computer problem’’ means any
problem which prevents information technology from accu-
rately processing, calculating, comparing, or sequencing
date or time data—
(1) from, into, or between—
(A) the 20th and 21st centuries; or
(B) the years 1999 and 2000; or
(2) with regard to leap year calculations.
SEC. 4. SENSE OF CONGRESS.
It is the sense of the Congress that the Commissioner
of Social Security and the Secretary of Veterans Affairs
should ensure that personnel of their agencies who are re-
sponsible for receiving telephone inquiries regarding re-
ceipt of Federal payments administered by that agency are
fully trained to provide information regarding all alter-
natives for receiving those payments by electronic funds
transfer or other means.
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