Telegraphs, Steamships, and Virtual Currency: An Analysis of Money Transmitter Regulation

August 20, 2020 R46486

Telegraphs, Steamships, and Virtual Currency:
August 20, 2020
An Analysis of Money Transmitter Regulation
Andrew P. Scott
Money transmission is an age-old practice. What started as a way of sending money to a person
Analyst in Financial
across the country via telegraph networks has evolved into a complex world of electronic
Economics
payments on a global scale among several types of institutions. Some prominent companies, such

as Western Union, MoneyGram, and PayPal, are well-known examples of money transmitters,
but thousands of smaller money transmitters in the United States operate in the background of

many financial services transactions Americans use every day. For example, Americans use
money transmitters to pay bills, purchase items online, or send funds to family members and friends domestically and abroad.
A number of social and financial issues attracting congressional interest, such as immigration, payroll processing, prison
reform, campaign finance, and anti-money laundering (AML), have at least one thing in common: a money transmitter.
Money transmitters are regulated and licensed at the state level. Although specific federal laws and regulations apply to
money transmitters—particularly the Bank Secrecy Act (BSA; P.L. 91-508) and the Consumer Financial Protection Bureau
(CFPB) rulemakings on remittances—49 unique state regulatory frameworks determine the general oversight and regulation
of money transmitters. State laws are not identical, and certain business practices, depending on the state’s licensing and
registration requirements, can go by different names in different states, making it difficult to understand how these
institutions interact with the financial system. In the absence of a federal regulatory framework, numerous efforts have taken
aim at harmonizing these laws so that nonbank financial institutions such as money transmitters, which likely operate across
state borders, can do so with more clarity. Further, Congress may consider how expanded federal oversight of money
transmitters could impact certain social and financial issues. For example, money transmitters play a vital role in cross -border
transactions and remittances, and these markets are critical areas of concern for federal agencies responsible for
implementing AML policies.
The 116th Congress has made several legislative efforts to address issues relevant to money transmitters, but relatively few of
those efforts were directly targeted toward these institutions. For instance, H.R. 2514 would reform BSA and AML laws and
would require Treasury to undertake a study and review of the effects of financial institutions closing accounts (a practice
called “de-risking”) held by companies such as money transmitters. S. 1764 and H.R. 6389 would require the Federal
Communications Commission (FCC) to regulate the rates and fees that inmate payphone services (which are provided by the
same companies that provide money transmission services to inmates and their families) can charge. H.R. 528 would create a
safe harbor from federal and state money transmitter licensing and registration requirements for certain blockchain
developers underpinning virtual currencies.
Recently, the Office of the Comptroller of the Currency (OCC) proposed a type of national money transmitter license.
Although the OCC’s authority to issue this type of license may be subject to legal challenges—as the OCC’s Special Purpose
National Bank Charters for Fintech Companies has been—Congress could consider ways to extend federal oversight of the
money transfer market to address blind spots in the payment system’s federal regulation or to simplify the licensing process
for multistate operations of firms participating in this market.
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Telegraphs, Steamships, Virtual Currency: An Analysis of Money Transmitter Regulation

What Is a Money Transmitter?
Anyone who has sent or received money through a mobile app, received a paycheck, exchanged
foreign currency, used a digital currency, or used a prepaid card has most likely used a money
services business (MSB).1 This term refers to a range of nonbank financial institutions that
provide, among other things, money transmission services, prepaid and other payment
instruments, currency exchanges, and check cashing. One of the more common types of MSBs is
cal ed a money transmitter. Americans use money transmitters to pay bil s, purchase items online,
or send funds to family members and friends domestical y and abroad.
Although some prominent companies, such as Western Union, MoneyGram, and PayPal, belong
to this group of financial institutions, thousands of money transmitters in the United States
operate in the background of financial services. Congress has shown interest in a range of social
and financial issues, such as immigration, payroll processing, prison reform, campaign finance,
and anti-money laundering (AML), which al have at least one thing in common: a money
transmitter. This report provides an overview of money transmitters, explaining how they operate
and the way they interact with consumer financial markets. The second half of the report
highlights some of the ways money transmitters affect numerous congressional policy issues.
Overview of Money Transmitters
MSBs comprise about $1.4 tril ion in assets and engage in the following types of financial
activities:2
 transferring money (money transmission);
 sel ing payment instruments (e.g., money orders, traveler’s checks);
 providing prepaid or other stored value products, such as digital wal ets; and
 administering currency exchange (foreign and digital).
Put another way, MSBs have three general functions: (1) receiving and sending money on behalf
of consumers; (2) providing products that receive, store, or send money for consumers; and (3)
providing an exchange for currencies.3 Money transmitters are a part of this sector of nonbank
financial companies. Unlike traditional banks or financial institutions, money transmitters do not
accept deposits or make loans but provide alternative mechanisms for people to make payments
or obtain money.

1 Money transmitters are regulated and licensed at the state level. Many of these states use the term money services
business (MSB) to describe the umbrella of nonbank financial institutions that provide money transmission services. In
this light, the terms m oney transm itter and MSB are effectively synonymous. T his report will use money transmitter
unless referring to specific statutory language.
2 In some states, check cashers are included in the money transmission regulatory framework. T hese institutions have a
vastly different business model from more typical money transmission businesses. As opposed to money transmission,
which involves the MSB taking customer funds and transmitting them elsewhere, check cashers give the funds to the
customer. An overview of MSBs can be found at Conference of State Ban k Supervisors (CSBS), “ Chapter Four:
Overview of Money Services Business,” Reengineering Nonbank Supervision, October 2019, at https://www.csbs.org/
system/files/2020-05/Chapter%204%20-%20MSB%20Final%20FINAL.pdf (hereinafter CSBS, “ Chapter Four:
Overview of Money Services Business,” 2019).
3 Banks and credit unions also provide these services; the main distinction is that money transmitters do not accept
deposits and are not regulated by federal banking agencies.
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Although al states except Montana have passed money transmitter laws, these laws vary in
numerous ways. For example, certain business practices can go by different names in different
states, depending on the state’s licensing and registration requirements, meaning that a money
transmitter in one jurisdiction can provide a range of overlapping and cross-cutting products that
it might be unable to provide in another state.4 (This is discussed in “State Regulation,” below.)
From Telegraphs to Steamships to Virtual Currency
Money transmitters began operating in the late 19th century, with the telegram used to move money from sender
to recipient. In 1871, Western Union introduced the first commercial money transfer service in an effort to
expand its telegraph business. Consumers could pay money to a telegraph office, and the operator would transmit
a message to “wire” funds to another office. The intended recipient could pick up the transfer at the destination
by using a password to release the funds.
Since then, money transmission has taken on several forms. For example, informal financial institutions grew out of
local businesses, such as grocery stores and butcher shops, to facilitate ticket sales for immigrants entering the
United States via steamship. These institutions, informal y referred to as “immigrant banks” in the early 20th
century, acted as agents for families, providing access to financial services and helping them to arrange travel from
Europe.
Today, “fintech” (financial technology) is a popular buzzword. Most people own a smartphone, and money
transmission is as simple as downloading an app and clicking a few buttons. Many Americans use their phones to
store money on digital wal ets and use apps to send and receive money from family and friends. Some fintech
businesses are registered as money transmitters. Cryptocurrencies and digital currencies are part of consumers’
payment options, and policymakers are increasingly grappling with their interaction in the market for payments
and real currency.
Sources: Western Union, “6 fascinating things about Western Union’s history,” October 8, 2019, at
https://www.westernunion.com/blog/6-fascinating-things-about-western-unions-history/; and Temple University,
“Philadelphia’s steamship agents,” at https://digital.library.temple.edu/digital/custom/steamsh ipagents.
Notes: For more information on fintech, see CRS Report R46332, Fintech: Overview of Innovative Financial
Technology and Selected Policy Issues, coordinated by David W. Perkins.
Regulatory Framework
Money transmitters are regulated and licensed at the state level. Although federal laws and
regulations apply to money transmitters—notably the Bank Secrecy Act (BSA; P.L. 91-508) and
the Consumer Financial Protection Bureau’s (CFPB’s) rulemakings on remittances made pursuant
to the agency’s authority to implement provisions of the Electronic Fund Transfer Act (EFTA;
P.L. 95-630)—49 unique state regulatory frameworks determine the general oversight and
regulation of money transmitters.5 The sections below wil highlight some of the general themes
among various state frameworks and the efforts to harmonize these regulations across state
borders.
State Regulation
As mentioned above, 49 states have legal frameworks for MSBs. Companies operating in
multiple states are required to have a license in each state. Each state’s regulatory framework is
unique, but there are often similarities in the types of requirements the money transmitters must
meet to operate. Typical y, states have some combination of the following requirements for
money transmitters:

4 CSBS, “Chapter Four: Overview of Money Services Business,” 2019.
5 According to the CSBS, Montana is the sole state without an MSB legal framework. For more, see CSBS, “Chapter
Four: Overview of Money Services Business,” 2019, p. 4.
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Telegraphs, Steamships, Virtual Currency: An Analysis of Money Transmitter Regulation

 Initial Application for Licensure and License Renewal. Typical y, this
application includes the names and locations of a company’s proprietors,
partners, and officers. Initial applications also might ask for background
information about company personnel and operations across state lines. Annual y,
or every other year, money transmitters are required to renew their licenses.
 Minimum Net Worth. State minimums vary widely, but a money transmitter
general y is required to have a net worth exceeding a certain minimum level to
maintain its license.6
 Reciprocity. Some states al ow money transmitters with licenses to operate in
different states that have similar legal frameworks.
 Security. Most states require a corporate surety bond, line of credit, or a deposit
of investments to back the company’s financial position.
 Examinations. Many of the state financial regulators maintain regulatory and
examination requirements for money transmitters. These can include
investigations at the time of licensure to verify the information on the license
application and routine examinations to review financial conditions.
State financial regulators oversee a wide range of financial institutions. For instance, as of March
2020, state banking regulators supervised approximately 3,683 state-chartered banks, which
represents 83% of U.S. banks.7 In addition to regulating and supervising banks, most state
banking regulators regulate and supervise a variety of nonbank financial services providers,
including money transmitters, for safety, soundness, and compliance with consumer protection
and AML laws.8
Although state agencies have various frequency cycles for conducting examinations, most
licensed money transmitters are examined annual y by either multistate teams or individual
states.9 State supervisors review a money transmitter’s operations, financial condition,
management, compliance function, and compliance with AML laws. Between exams, state
regulators monitor their licensees on an ongoing basis by reviewing the information submitted
pursuant to reporting requirements. Additional y, money transmitters must meet financial
statement reporting requirements, permissible investments adequacy, branch and agent listings,
and transmission volume activity.

6 For example, in Alabama, minimum net worth is set at $5,000. In Arizona, it is $100,000 for the pri ncipal business
location and an additional $50,000 for other locations. “High volume” transmitters—those who process more than
$500,000 in a year—are sometimes subject to higher standards. T homas Brown, a lecturer at UC Berkeley Law School
and partner at P aul Hastings LLP, compiled summary information on state regulations for money transmitters. T he
results of his work, which includes statutory citations, can be found at https://abnk.assembly.ca.gov/sites/
abnk.assembly.ca.gov/files/50%20State%20Survey%20-%20MT L%20Licensing%20Requirements(72986803_4).pdf.
7 Federal Deposit Insurance Corporation, Quarterly Banking Profile, First Quarter 2020, p. 25, at https://www.fdic.gov/
bank/analytical/qbp/2020mar/qbp.pdf#page=25.
8 Specifically, state financial supervisors license and regulate five types of institutions: (1) currency dealers or
exchangers; (2) check cashers; (3) issuers of traveler’s checks, money orders, prepaid access, and/or stored value; (4)
sellers or redeemers of traveler’s checks, money orders, prepaid access, and/or stored value; and (5) money
transmitters. More on state regulation and supervision of these institutions can be found at CSBS and Money
T ransmitter Regulators Association (MT RA), The State of State Money Services Businesses Regulation & Supervision ,
May 2016, p. 4, at https://www.csbs.org/sites/default/files/2017-11/
State%20of%20State%20MSB%20Regulation%20and%20Supervision%202.pdf (hereinafter CSBS and MT RA, The
State of State Money Services Businesses Regulation & Supervision , 2016).
9 CSBS and MT RA, The State of State Money Services Businesses Regulation and Supervision , 2016, p. 9.
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Telegraphs, Steamships, Virtual Currency: An Analysis of Money Transmitter Regulation

Efforts to Harmonize Money Transmitter Supervision
As mentioned, 49 states have unique regulatory frameworks for money transmitters in their
jurisdictions. General y, these laws are broad and pertain to numerous MSBs, but the laws often
contain language specific to money transmitters. In the absence of a federal regulatory
framework, numerous efforts have taken aim at harmonizing these laws so that nonbank financial
institutions such as money transmitters, which likely operate across state borders, can do so with
clarity. The following section covers some of the major efforts to tie together state money
transmitter laws, which may serve as background for related policy issues that Congress may
pursue or a potential model for Congress were it to pursue some form of federal regulation.
Uniform Law Commission
State regulation of money transmission varies greatly across jurisdictions, and only a few states
have statutory frameworks that tie together the various types of MSBs from a safety and
soundness standpoint. Given the varied state regulatory frameworks, some state lawmakers have
attempted to harmonize their frameworks through what is known as the Uniform Money Services
Act (USMA), as adopted by the Uniform Law Commission.10 The UMSA creates a safety and
soundness framework, which connects al types of MSBs and sets forth clearly the relationship
between a licensee and its sales outlets. The goal of this endeavor is to have several states adopt
it, thereby creating uniformity with respect to the entry of MSBs into various states. Additional y,
uniform licensing and reporting requirements theoretical y facilitate compliance with multiple
state laws.11 As of today, the USMA has been adopted by 12 states and territories,12 which
interpret the law differently.
Conference of State Bank Supervisors Money Services Business Model Law
In 2017, the Conference of State Bank Supervisors (CSBS) introduced “Vision 2020,” a series of
initiatives to modernize state regulation of nonbank financial institutions. Vision 2020 spans a
range of industries and policy issues, including financial technology (fintech) and money
transmitter supervision topics. In 2019, the CSBS drafted a model law based on the UMSA to
address areas in need of standardization and alignment across jurisdictions.13 The draft model law
focused on three areas: (1) protecting consumers, (2) enabling barriers to entry for bad actors, and
(3) facilitating coordination among state agencies. As mentioned earlier, various state legal
frameworks define money transmitters differently. MSB is sometimes used as an umbrel a term,
which could include or exclude a range of institutions, such as money transmitters, payment
instrument sel ers, stored value providers, or virtual currency exchanges. The model law would

10 T he Uniform Law Commission (ULC or National Conference of Commissioners of Uniform State Laws) is a
nonprofit association comprising commissioners from each state and several territories. T he members are lawyers
appointed by their state governments. T he commission’s purpose is to promote enactment of uniform legal frameworks
across state lines. See ULC, “Overview,” at https://www.uniformlaws.org/aboutulc/overview. T he Uniform Money
Services Act, as adopted by the ULC, can be found at ULC, “ Prefatory Note,” Uniform Money-Services Business Act,
July 28, 2000, at https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=
4ddb7fd0-891f-7140-4ce4-680c84bde71d&forceDialog=0 (hereinafter ULC, “ Prefatory Note,” 2000).
11 See ULC, “Prefatory Note,” 2000.
12 T he 12 states and territories are Vermont (2001), Iowa (2003), Washington (2003), U.S. Virgin Islands (2004), T exas
(2005), Hawaii (2006), Alaska (2007), Arkansas (2007), Puerto Rico (2011), South Carolina (2016), North Carolina
(2016), and New Mexico (2016). T he ULC tracks state legislative developments, and the tracker for this act can be
found at ULC, “Money Services Act,” at https://www.uniformlaws.org/committees/community-home?communitykey=
cf8b649a-114c-4bc9-8937-c4ee17148a1b&tab=groupdetails.
13 CSBS, “MSB Model Law Executive Summary,” September 2019, at https://www.csbs.org/sites/default/files/2019-
10/Executive%20Summary%20-%20Draft%20Model%20Law%20%28Sept%202019%29.pdf .
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provide a standard definition for key terms (e.g., money, money transmission, stored
value/prepaid access, sale of payment instruments, and virtual currency are al defined in the
model law).
The draft model law seeks to standardize the exceptions to products that would be covered by the
law. Where consumer protections are not at risk, the CSBS recommended al owing certain
exemptions. For instance, the CSBS chose to exempt agents of payees and insured prepaid cards
because the consumer liabilities are mitigated. Similarly, because payment processors act as
agents for payees, and the funds transacted are held in accounts managed by regulated institutions
(e.g., banks), the CSBS recommended exemptions for those institutions. The same goes for agents
and service providers of banks, where deposits are insured by federal agencies. Alternatively, the
CSBS decided not to exempt services that pay business taxes and those that provide business-to-
business payments. The rationale for not exempting these services is that if exempt businesses do
not pay taxes, public confidence can erode; further, payments between businesses are important to
state economies, so those transactions merit supervision. Crucial y, the draft model law would
exclude payroll services. (This issue is discussed more in the “Payment Facilitators” section,
below.) The draft model law would also provide standards for ensuring sound financial
conditions, including guidelines for net worth, permissible investments, and surety bonds, and it
would provide alternatives for ensuring ample market liquidity and capital.
The CSBS accepted public comments until March 11, 2020. Twelve public comments were
received from industry associations, law firms, private companies, and consumer groups. A broad
number of the concerns related to definitions and exceptions to covered activities.
Nationwide Multistate Licensing System
In 2008, the CSBS created the Nationwide Multistate Licensing System (NMLS) to be a “system
of record for non-depository financial services licensing or registration” for participating
jurisdictions.14 The NMLS was original y developed as a voluntary system for state licensing; the
Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Title V of the Housing and
Economic Recovery Act; P.L. 110-289) made the system mandatory for mortgage originators but
not for money transmitters. Although the NMLS does not grant or deny licenses, it al ows state-
licensed, nondepository companies to apply for, amend, update, or renew a license online for al
participating state agencies using a single set of uniform applications in one system. The NMLS
does not harmonize statutory requirements, but it serves to centralize the licensing process for
firms with multistate operations. In 2012, the NMLS was expanded to include MSBs.15 As of
2019, 46 state agencies manage through the NMLS over 7,800 MSB licenses from more than
2,400 companies.16

14 T he CSBS created the Nationwide Multistate Licensing System (NMLS), but it is owned and operated by the
CSBS’s subsidiary, the State Regulatory Registry LLC (SRR). For more on the SRR and the NMLS, see CSBS,
“Nationwide Multistate Licensing System,” at https://www.csbs.org/nationwide-multistate-licensing-system.
15 CSBS and MT RA, The State of State Money Services Businesses Regulation and Supervision , 2016, p. 18.
16 SRR, Building a Foundation for the Future: 2019 Annual Report, at https://nationwidelicensingsystem.org/
NMLS%20Document%20Library/2019%20SRR%20Annual%20Report.pdf. See also NMLS, “ Money Services
Businesses Fact Sheet,” December 31, 2019, at https://www.csbs.org/sites/default/files/2020-05/
2019Q4%20MSB%20Fact%20Sheet.pdf.
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Money Transmitter Regulators Association Multistate Agreements
The Money Transmitter Regulators Association (MTRA) is a nonprofit corporation comprising
money transmitter regulators from 51 states and territories.17 The MTRA is similar to the CSBS in
that its mission is oriented around advancing uniform practices and standards for examinations
and reports of money transmitters. (The difference being that the CSBS works on state issues
covering a broad range of other topics.) In 2012, the MTRA put in place a framework cal ed the
Nationwide Agreement for MSB Supervision to facilitate its goal of cooperation and coordination
across jurisdictions.18 The agreement establishes a multistate MSB examination task force to lead
the coordination and examination of multistate MSBs, comprising 10 members—5 appointed by
the CSBS and 5 appointed by the MTRA. As of October 2018, al but two member states had
signed onto the agreement.19
Federal Regulation
Money transmitter regulation at the federal level primarily focuses on AML and combating the
financing of terrorism; however, some consumer protection laws also apply to money
transmitters. The federal agencies responsible for implementing regulations for money
transmitters are the U.S. Department of the Treasury’s (Treasury’s) Financial Crimes
Enforcement Network (FinCEN) and the CFPB. FinCEN is responsible for implementing the
Bank Secrecy Act (BSA; P.L. 91-508). One of the ways the FinCEN does this is by requiring
MSBs to register with it.20
The CFPB has a limited federal role in the regulation of money transmitters. Pursuant to the
Dodd-Frank Wal Street Reform and Consumer Protection Act (Dodd-Frank Act; P.L. 111-203),
the CFPB is responsible for Regulation E, which implements the EFTA. In addition, the CFPB
recently issued rules pertaining to remittance providers, and money transmitters operate a
significant amount of the remittance market.
Anti-Money Laundering Regulation and the Bank Secrecy Act21
The BSA is the primary U.S. AML law.22 In the United States, financial institutions (both banks
and MSBs) are required to identify, assess, and take steps to design and implement controls in
compliance with their obligations under the BSA. The BSA, which was enacted in 1970, has been
amended numerous times, most notably by Title III of the USA PATRIOT Act (Patriot Act; P.L.

17 T he full membership list can be found at MT RA, “Members,” at https://www.mtraweb.org/about/members/.
18 MT RA, “Nationwide Cooperative Agreement for MSB Supervision,” January 2012, at https://www.mtraweb.org/wp-
content/uploads/2012/10/Nationwide-Cooperative-Agreement-for-MSB-Supervision-2012.pdf.
19 Maine and Rhode Island were the only two states not to sign the agreement. Montana, which has no jurisdiction for
MSBs, also did not sign the agreement but was not counted. See CSBS, “CSBS/MT RA Nationwide Cooperative
Agreement & Protocol for MSB Supervision,” Oct ober 2018, at https://www.csbs.org/sites/default/files/msb_map.pdf.
20 Exceptions to the registration requirement include MSBs that act solely as an agent for other MSBs and state or
federal agencies, including the U.S. Postal Service. See Financial Crimes Enforcement Network (FinCEN), “ MSB
Exceptions,” at https://www.fincen.gov/msb-exceptions.
21 For more on anti-money laundering (AML), see CRS In Focus IF11064, Introduction to Financial Services: Anti-
Money Laundering Regulation, by Rena S. Miller and Liana W. Rosen; and CRS Report R44776, Anti-Money
Laundering: An Overview for Congress, by Rena S. Miller and Liana W. Rosen.
22 Office of the Comptroller of the Currency (OCC), “Bank Secrecy Act (BSA) & Related Regulations,” at
https://www.occ.treas.gov/topics/supervision-and-examination/bsa/bsa-related-regulations/index-bsa-and-related-
regulations.html.
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Telegraphs, Steamships, Virtual Currency: An Analysis of Money Transmitter Regulation

107-56) in 2001, which expanded the BSA framework beyond AML to include fighting terrorist
financing. The BSA’s main purpose is to require financial institutions to maintain appropriate
records and file reports, which can be used in criminal, tax, or regulatory investigations or
proceedings.
As mentioned, money transmitters can take on numerous different business models and activities.
FinCEN uses MSB in its regulatory language as an umbrel a term, which includes this range of
activities. Money transmitters are required to register with FinCEN within 180 days of being
established, and these registrations are supposed to be renewed every two years.23 A person who
does more than $1,000 in business in a day with one person in one or more money transmission
transactions is also required to register with FinCEN.
FinCEN administers the BSA.24 With limited exceptions, MSBs are subject to the full range of
BSA regulatory controls:
 Remittance providers must maintain financial records and conduct customer
identification procedures for certain transactions.
 Al MSBs must obtain and verify customer identity and record beneficiary
information for transfers of more than $3,000.
 MSBs must file currency transaction reports for customer transactions of $10,000
or more in a day. They must also file suspicious activities reports (SARs) for
dubious transactions of generally more than $2,000, which the remittance
provider “knows, suspects, or has reason to suspect involves funds from il egal
activity or is designed to conceal their origin, is designed to evade BSA
obligations, or has no apparent business or law purpose.”25
 Remittances to certain foreign countries may also be subject to sanctions under
various federal statutes administered by Treasury’s Office of Foreign Assets
Control (OFAC). The U.S. government restricts remittances only on countries,
individuals, or companies that are subject to U.S. sanctions and embargoes.
Treasury does not have the authority to direct any financial institution to open or
maintain a particular account or relationship. Each financial institution makes the
decision to maintain any financial relationship, in compliance with U.S. laws.
Suspicious Activity Reports
Money transmitters are subject to suspicious activity reporting requirements from FinCEN. A
SAR must be filed with FinCEN anytime a transaction conducted at, by, or through a money
transmitter is both suspicious and $2,000 or more.26 Suspicious is defined as an instance where a
money transmitter

23 Several other types of MSBs are also required to register with FinCEN. A complete list of the products that meet the
requirement can be found at 31 C.F.R. §1010.100.
24 For more on FinCEN, see FinCEN, “FinCen’s Mandate From Congress,” at https://www.fincen.gov/resources/
statutes-regulations/fincens-mandate-congress.
25 U.S. Department of the T reasury, Report to Congress in Accordance with Section 359 of the USA PATRIOT Act,
November 2002, p. 8, at https://www.fincen.gov/sites/default/files/shared/hawalarptfinal11222002.pdf.
26 FinCEN, “Money Service Business (MSB) Suspicious Activity Reporting,” at https://www.fincen.gov/money-
services-business-msb-suspicious-activity-reporting (hereinafter FinCEN, “ MSB Suspicious Activity Reporting”).
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knows, suspects, or has reason to suspect that the transaction (or a pattern of transactions
of which the transaction is a part):
Involves funds derived from illegal activity or is intended or conducted in order to hide or
disguise funds or assets derived from illegal activity, or is
Designed to evade the requirements of the Bank Secrecy Act, whether through structuring
or other means, or
Serves no business or apparent lawful purpose, and the reporting business knows of no
reasonable explanation for the transaction after examining all available facts.27
Money transmitters are prohibited from disclosing to an individual involved with a transaction
that a SAR has been filed. Further, the money transmitter and its employees are shielded from
civil liability for any SAR filed.28
Patriot Act Section 314(b) Voluntary Information Sharing
Section 314(b) of the Patriot Act provides financial institutions with the ability to share
information with one another under a safe harbor,29 which offers protections from liability in
order to better identify and report potential money laundering or terrorist activities. This is a
voluntary program, but FinCEN strongly encourages financial institutions to participate. MSBs,
which are defined to include money transmitters, are eligible to participate in the program.30
Money Remittances Improvement Act of 2014
As mentioned in the “State Regulation” section, state financial regulators carry out examinations
of state-chartered and licensed financial institutions for safety and soundness and for compliance
with various laws. Federal regulators carry out examinations of banks and other financial
institutions in a separate process. Sometimes, state exams can serve to meet federal requirements;
this is the case with BSA/AML exams.31 In August 2014, Congress passed the Money
Remittances Improvement Act of 2014 (MRIA; P.L. 113-156), which al ows FinCEN to rely on
state BSA/AML examinations for depository and nondepository financial institutions. On its face,
the MRIA streamlines the regulation of money transfer operators by al owing FinCEN to use data
gathered from some state-level examinations. This law has served as a form of regulatory relief
for remittance services companies, which were previously subject to state and federal
examination requirements.32

27 FinCEN, “MSB Suspicious Activity Reporting.”
28 More on suspicious activity reporting for MSBs can be found at FinCEN, “T he Campaign Against Financial
Crimes,” at https://www.fincen.gov/sites/default/files/shared/sar_qa_final.pdf.
29 FinCEN issued guidance in 2009 clarifying that if participants suspect that transactions may involve the proceeds of
specified unlawful activities under money laundering statutes, information related to such transactions can be shared
under protection of the Section 314(b) “Safe Harbor” of the USA PAT RIOT Act (Patriot Act; P.L. 107-56). See
FinCEN, “Guidance on the Scope of Permissible Information Sharing Covered by Section 314(b) Safe Harbor of the
USA PAT RIOT Act,” June 16, 2009, at https://www.fincen.gov/resources/advisories/fincen-guidance-fin-2009-g002.
30 31 C.F.R. §1022.540.
31 CSBS and MT RA, The State of State Money Services Businesses Regulation and Supervision , 2016, p. 14.
32 One of the ways federal financial regulators coordinate their supervisory practices is through the Federal Financial
Institutions Examination Council (FFIEC). T he FFIEC is an interagency group that prescribes uniform examination and
reporting standards among federal financial institution supervisors. T he FFIEC comprises federal banking and credit
union agencies and the Consumer Financial Protection Bureau (CFPB), as well as a representative body for state
supervisors. T hrough the State Liaison Committee (SLC) to the FFIEC, states collaborate with the council on the U.S.
Bank Secrecy Act (BSA; P.L. 91-508)/AML Examination Manual. T he SLC also is a voting member of the FFIEC’s
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Consumer Financial Protection Bureau Remittance Rule
Money transmitters are prevalent in the remittance market.33 Remittance regulation, at the federal
level, is largely a consumer protection matter. It is focused on defining which institutions and
what activities count as remittances and providing requirements for disclosures and error
resolution procedures for covered transactions. For example, Section 1073 of the Dodd-Frank Act
amended the EFTA to create a consumer protection regime for remittance transfers sent by
consumers in the United States to individuals and businesses abroad.
In 2012 and 2013, the CFPB implemented Section 1073 provisions through its Remittance
Transfer Rule.34 The rule requires companies offering remittances to provide the consistent,
reliable disclosure of a transfer’s price; the amount of currency to be delivered to the recipient;
and the date of availability prior to the consumer making any payment. The rule also requires
remittance providers to investigate disputes and remedy errors related to the transaction and
provide disclosures that explain the impact fees and taxes are expected to have on the transfer
amount.
In 2019, the CFPB issued a notice of proposed rulemaking to amend the Remittance Transfer
Rule.35 The proposed rule would revise the 2013 rulemaking by increasing the threshold for
covered companies from 100 to 500 annual transfers.36 This means that companies making fewer
than 500 transfers in a year would general y not be covered by the rule. The rule also proposes
two new exceptions that would permit certain financial institutions to estimate some fees and
rates in their disclosures.37
Policy Issues Concerning Money Transmitters
Money transmitters are mostly smal financial institutions regulated at the state level, working in
the background of prominent financial markets. Limited federal oversight has contributed to a
situation in which federal policymakers may not be aware of the roles money transmitters play in
financial markets or in social issues, such as immigration and prison reform. This section wil

BSA/AML Working Group, which is charged with ensuring consistent agency approaches and collaborati on on
emerging issues. T he FFIEC is focused on banks, but this working group covers issues pertinent to money transmitters,
specifically related to the BSA/AML regulatory framework under which they operate. More on the FFIEC can be found
at http://www.ffiec.gov. For more on the FFIEC’s BSA/AML Working Group, see CSBS and MT RA, The State of
State Money Services Businesses Regulation and Supervision, 2016, p. 15.
33 T his is evidenced by the news that in June 2020, Western Union made a bid to take over MoneyGram. An article in
Forbes provides some analysis of the details of the proposed merger, calling Western Union “the leading remittance
provider worldwide” and MoneyGram “one of its largest competitors.” According to the article, the two companies
comprise roughly $110 billion in remittances, or just under 20% of the market. For more on these two companies, see
Daniel Webber, “ What Could Stop Remittance Giant Western Union Acquiring MoneyGram And Changing T he
Money T ransfer Sector Forever,” Forbes, June 18, 2020, at https://www.forbes.com/sites/danielwebber/2020/06/18/
what -could-stop-remittance-giant -western-union-acquiring-moneygram-and-changing-the-money-transfer-sector-
forever/#486285054696. For more on the money transmitter market in the United States, see CRS Report R43217,
Rem ittances: Background and Issues for Congress, by Martin A. Weiss.
34 CFPB, “Electronic Fund T ransfers (Regulation E),” 78 Federal Register 30661, May 22, 2013.
35 CFPB, “Remittance T ransfer Rule,” at https://www.consumerfinance.gov/policy-compliance/guidance/remittance-
transfer-rule/.
36 CFPB, “Summary of Proposed Rulemaking: the 2019 Proposal to Amend the Remittance Transfer Rule,” December
3, 2019, at https://files.consumerfinance.gov/f/documents/cfpb_nprm_remittance-rule-summary_2019-12.pdf.
37 CFPB, “Summary of Proposed Rulemaking: the 2019 Proposal to Amend the Remittance Transfer Rule,” December
3, 2019.
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examine some of the unique ways money transmitters are involved in a range of issues of
congressional interest.
There has been relatively limited legislative activity in many of these areas specific to money
transmitters. However, some bil s that have been introduced provide salient examples of the
concepts discussed in this section. To the extent a particular bil , whether introduced in the current
or previous Congress, is highlighted below, it is because the bil helps describe a way Congress
could address the policy issues in this report. This section general y highlights bil s that received
some sort of action (e.g., passed a chamber), but there are some instances where an introduced
piece of legislation is narrowly and specifical y constructed such that it merits inclusion.
Money Transmitters, Cross-Border Payments, and Immigration
Money transmitters play a significant role in providing financial services to immigrant
communities in the United States. For example, dating back to the early 20th century, immigrants
would go through informal financial institutions associated with neighborhood establishments
(e.g., grocery stores) to take out loans and transfer money in order to arrange travel from Europe
via steamship.38 Today, remittances, a prominent type of cross-border money transfer, are a major
source of income for families of immigrants.39
A remittance transaction typical y involves a sender, a recipient, financial intermediaries in both
countries, and a payment system used by the intermediaries. The financial institutions involved in
the $700 bil ion remittances market can be banks or credit unions,40 but they are often money
transmitters, such as MoneyGram, Western Union, or PayPal.
Congress has explored policy related to how unbanked people access financial services in the
United States.41 According to research by the Federal Reserve Bank of St. Louis, immigrants are

38 Eventually, states restricted these practices. T he U.S. Senate Immigration Commission investigated and reported on
the matter in 1911. According to U.S. Congress, Senate, Reports of the Im m igration Com mission, 61st Cong., 3rd sess.,
December 1911, S.Doc. 753 (Washington, DC: GPO, 1911), p. 318:
Delaware, Nebraska, Nevada, North Dakota, Oklahoma, Rhode Island and Wisconsin considered
transmission by steamship to be illegal private banking. In a letter dated Sept. 24, 1909, the Rhode
Island commissioner of banks relayed the following to the Senate’s Immigration Commissioner:
“Immigrant steamship agencies and others doing a banking business come under the head of
unauthorized banking, and the business is prohibited ...”
T he report s also reference several stat es where such “ banking business” was likely a violation of existing state law:
California, Colorado, Florida, Idaho, Indiana, Kansas, Missouri, New Hampshire, Oregon, South Dakota, West
Virginia, and Wyoming. Colorado was referenced as providing regulation and supervision, whereas the “ immigrant
institutions” in Indiana and Missouri exist ed as “full fledged banking concerns without apparent control or regulation,
and seemingly in open violation of law.”
39 For more information on remittances and cross-border payments, see CRS Report R43217, Remittances: Background
and Issues for Congress, by Martin A. Weiss.
40 According to the World Bank, in October 2019, global remittances were expected to reach $700 billion by the end of
2019. See World Bank, “ Data release: Remittances to low- and middle-income countries on track to reach $551 billion
in 2019 and $597 billion by 2021,” October 16, 2019, at https://blogs.worldbank.org/peoplemove/data-release-
remittances-low-and-middle-income-countries-track-reach-551-billion-2019.
41 For example, on June 11, 2020, the House Financial Services Committee’s T ask Force on Financial T echnology held
a hearing on the use of digital payments, and on January 30, 2020, the task force held a hearing on the use of mobile
payments; both hearings considered the impacts of these types of payments on unbanked populations. See U.S.
Congress, House Committee on Financial Services, T ask Force on Financial T echnology, Inclusive Banking During a
Pandem ic: Using FedAccounts and Digital Tools to Im prove Delivery of Stim ulus Paym ents, virtual hearing, 116th
Cong., 2nd sess., June 11, 2020, at https://financialservices.house.gov/calendar/eventsingle.aspx?EventID=406617; and
U.S. Congress, House Committee on Financial Services, T ask Force on Financial T echnology, Is Cash Still King?
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among the most common groups of people without bank accounts.42 This is in part due to
socioeconomic issues, as wel as language barriers. Among banked immigrant populations,
nonbank financial services institutions, such as money transmitters, stil play an important role.
Immigrant families are likely to use money transmitters, instead of banks, to send money because
families abroad are sometimes likely to be unbanked, especial y in countries where the banking
sector is less developed. As an official from the Consumer Affairs branch of the Federal Reserve
Bank of Kansas City stated, “Many Latinos withdraw money from their banking institutions to
walk across the street and remit money via money services businesses on a monthly basis. Even
documented, banked Hispanics tend to remit money through money services businesses rather
than banks.”43 Although remittances can be expensive, research shows that a primary
consideration for families is the familiarity of the financial institution and the availability of
locations in the country of the sender and of the receiver.44
Other issues related to money transmission and immigrants may fal more closely under the
umbrel a of money laundering or il egal immigration concerns, such as the multibil ion dollar
industry for “migrant-smuggling.”45 In general, migrant smugglers offer a service to bring people
across borders for a fee. Families looking to make payments for safe arrival of someone who was
brought into the United States may use money transmitters.46 To the extent Congress may be
concerned with the way immigrants interact with the payments system, money transmitters could
be a place to start.
De-risking and Access to the Financial System
In 2018, the House Committee on Financial Services, Subcommittee on Financial Institutions and
Consumer Credit, held a hearing entitled, “Examining De-Risking and Its Effect on Access to
Financial Services.”47 De-risking is a process by which financial institutions terminate or restrict

Reviewing the Rise of Mobile Paym ents, hearing, 116th Cong., 2nd sess., January 30, 2020, at
https://financialservices.house.gov/calendar/eventsingle.aspx?EventID=406024.
42 Martha Perine Beard, In-Depth: Reaching the Unbanked and Underbanked, Federal Reserve Bank of St. Louis,
January 1, 2010, at https://www.stlouisfed.org/publications/central-banker/winter-2010/reaching-the-unbanked-and-
underbanked.
43 Anna Paulson et al., Financial Access for Immigrants: Lessons from Diverse Perspectives, Federal Reserve Bank of
Chicago and T he Brookings Institute, May 2006, p. 24, at https://www.brookings.edu/wp-content/uploads/2016/06/
20060504_financialaccess.pdf (hereinafter Paulson et al., Financial Access for Im m igrants, 2006).
44 Paulson et al., Financial Access for Immigrants, 2006, p. 24.
45 According to a U.N. report in 2018, 2.5 million migrants were smuggled across the globe in 2016 for an economic
profit of around $5.5-7 billion. See U.N. Office on Drugs and Crime, Global Study on Sm uggling of Migrants, 2018, p.
5, at https://www.unodc.org/documents/data-and-analysis/glosom/GLOSOM_2018_web_small.pdf.
46 From 2003 to 2005, the Western Union payouts at eight Arizona locations totaled $176,735,000 in wires of $500 or
more sent to the location from 1 of the 29 states that were the most frequent destinations for persons being smuggled
from Mexico into the United States through Arizona. T hese amounts included bot h legal and illegal transactions.
Beginning in 2006, Western Union limited money transfer transactions into Arizona to a maximum of $450. Smuggling
into the United States through Arizona continued, and smugglers had their payments wired to places outside t he United
States. From 2005 to 2007, Western Union payouts at eight locations outside the United States totaled $142,446,000 in
wires of $500 or more sent to the locations from 1 of the 29 states that were the most frequent destinations for persons
being smuggled into the United States through Arizona. In 2010, Western Union entered a settlement of $21 million to
the State of Arizona for violating AML laws. T he settlement agreement can be found at https://www.azag.gov/sites/
default/files/docs/criminal/border-security/swbamla/State_of_Arizona_v_Western_Union_Settlement_Agreement.pdf .
47 T he hearing and associated testimony can be found at U.S. Congress, House Committee on Financial Services,
Subcommittee on Consumer Protection and Financial Institutions, Exam ining De-risking and its Effect on Access to
Financial Services, hearing, 115th Cong., 2nd sess., February 15, 2018 (Washington, DC: GPO 2018), at
https://financialservices.house.gov/calendar/eventsingle.aspx?EventID=401187.
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business relationships to avoid, rather than manage, the risk associated with an account. De-
risking can be an expensive endeavor, and banks may eventual y choose to close an account
rather than manage the risks of the business relationship.
Money transmitters and other types of MSBs themselves often hold funds in bank accounts.
Evidence suggests that banks have closed accounts held by money transmitters and blocked the
agents used to access money transmission services from opening or maintaining a bank account.48
These practices by banks are detrimental to money transmitters and can affect the provision of
money transfer services if they cause an MSB to close or relocate. (As mentioned, location and
availability of services are often major factors in a consumer’s choice to use a financial
institution.)
While de-risking is not a new concept for banks, it has increased over the past five years.49 In
December 2019, the Government Accountability Office (GAO) reported to Congress on BSA
examinations and how compliance controls impact money transmitter accounts.50 This report
found that from 2014 to 2015, almost 40 of 86 financial institutions surveyed by GAO had money
transmitter accounts and had terminated at least one account for money-laundering concerns. In
2014, FinCEN issued a statement concerning banks’ practice of “indiscriminately terminating the
accounts of al MSBs, or refusing to open accounts for any MSBs” and urging banks to maintain
relationships with MSBs with due diligence.51
De-risking is a way that banks can reduce their own risks across the board; however, it can
constrain nonbank financial institutions from providing services such as money transmission to
consumers. In the 110th Congress, Representative Carolyn Maloney introduced H.R. 4049, which
general y aimed to reduce the regulatory requirements facing insured depository institutions and
MSBs to enhance the availability of transaction accounts for MSBs. This bil passed the House in
July 2008. In the 116th Congress, Representative Emanuel Cleaver introduced H.R. 2514, which
passed the House in October 2019. The bil primarily would make reforms to the BSA and AML
laws and would require Treasury to undertake a study and review of the effects of de-risking on a
number of financial institutions, including MSBs.52 To the extent Congress may be concerned
with bank risk and access to financial institutions, money transmitters would be the type of
institutions at the center of this debate.

48 T estimony of Secretary of Illinois Department of Financial and Professional Regulation, Division of Banking, Bryan
A. Schneider, in U.S. Congress, House Committee on Financial Services, Subcommittee on Financial Institutions and
Consumer Credit, Exam ining De-risking and its Effect on Access to Financial Services, hearing, 115th Cong., 2nd sess.,
February 15, 2018 (Washington, DC: GPO 2018), p. 3, at https://www.csbs.org/sites/default/files/2018-02/De-
Risking%20Hill%20T estimony%20Feb_15_FINAL.2.pdf .
49 De-risking has been a bank practice dating back to a large fine imposed on Riggs Bank for AML violations. See
Kristin Pullar, Blanket De-Risking of Money Service Businesses, Association of Certified Anti-Money Laundering
Specialists, 2016, p. 7, at http://files.acams.org/pdfs/2016/Blanket -De-Risking-of-Money-Service.pdf.
50 U.S. Government Accountability Office, Bank Secrecy Act: Examiners Need More Information on How to Assess
Banks’ Compliance Controls for Money Transmitter Accounts, GAO-20-46, December 2019, at https://www.gao.gov/
assets/710/702959.pdf.
51 FinCEN, “FinCEN Statement on Providing Banking Services to Money Services Businesses,” November 10, 2014,
at https://www.fincen.gov/news/news-releases/statement .
52 In the 114th Congress, Rep. Stephen Lynch introduced H.R. 5602. T itle I of the bill would aim to enhance certain
antiterrorism policy tools for the Department of T reasury, which included a requirement that T reasury report on the
potential efficacy of requiring banking regulators to establish a pilot program t hat would provide technical assistance to
depository institutions and credit unions that wish to provide account services to MSBs serving individuals in Somalia.
T he bill passed the House on July 11, 2016, and passed the Senate on December 10, 2016, but did not become law.
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Inmate Payment Systems
Families have limited options to provide funds to members in prisons and other correctional
facilities. Typical y, inmates manage money through commissary accounts, which al ow them to
receive and draw down funds. Commissary accounts in federal correctional facilities are managed
by the Federal Bureau of Prisons, an agency within the Department of Justice; accounts in state
correctional facilities are governed according to state law. Much of the money spent in
commissaries is provided by friends and families through money transmitters.
Historical y, families would send money orders to incarcerated relatives. More recently, nonbank
financial institutions have played a much larger role in the prison payments system.53 Companies
such as Securus Technologies Company (JPay), GTL (ConnectNetwork), Keefe Group Company
(ICSolutions/Access Corrections), and Western Union dominate the payment landscape within the
state and federal correctional system. Often, a correctional facility al ows one or a few of these
institutions to act as vendors for money transfers to its population. For instance, JPay is registered
as a money transmitter in 47 states and the District of Columbia and offers payment options to
incarcerated populations in hundreds of county jails, state prisons, and federal prisons across 35
states.54 Additional y, these companies often provide payment services for parolees and those on
probation to make payments for supervision fees and restitution; in many cases, they also provide
the payment infrastructure for inmate use of the internet and phone time.
The prices of these services have come under scrutiny by prisoner advocates and the media.55
Potential federal policy response around the pricing of prison payment systems could be built
around the Federal Communications Commission’s (FCC’s) interstate regulatory authority—
because many of these companies are owned or operated by telecom companies or provide
communication services in addition to their money businesses—or the CFPB. In the 115th
Congress, Senator Tammy Duckworth introduced S. 1614, which would have authorized the FCC
to regulate video visitation and inmate cal ing services. The bil was read twice and referred to the
Senate Committee on the Judiciary and received no further action. In the 116th Congress, Senator
Duckworth, with Senator Rob Portman as a cosponsor, introduced S. 1764, which would require
the FCC to ensure that charges for inmate payphone services are reasonable and just. The bil is
currently referred to the Senate Committee on Commerce, Science, and Transportation. Similarly,
in the 116th Congress, Representative Bobby Rush introduced H.R. 6389, which would require the
FCC to establish maximum rates and charges that providers of confinement facility
communications services can charge. This bil has been referred to the House Committee on
Energy and Commerce. Amidst the Coronavirus Disease 2019 (COVID-19) pandemic, the House
passed H.R. 6800 on May 15, 2020, Division M, Title VII of which contains language nearly
identical to H.R. 6389.56

53 According to research published by the Prison Policy Initiative (PPI) in 2017, nearly $1 billion is estimated to have
been sent via money transfer to the state prison system. PPI, “The multi-million dollar market of sending money to an
incarcerated loved one,” January 18, 2017, at https://www.prisonpolicy.org/blog/2017/01/18/money-transfer/.
54 See JPay’s service locations at JPay, “Availability and Pricing,” at https://www.jpay.com/PAvail.aspx.
55 For instance, see PPI, “ Victoria Law on Marketplace: How email services in prison exploit incarcerated people,”
August 8, 2018, at https://www.prisonpolicy.org/blog/2018/08/08/marketplace/; Courtney E. Martin, “ I Served My
Prison T ime. Why Do I Still Have to Pay?,” New York Times, April 30, 2019, at https://www.nytimes.com/2019/04/30/
opinion/i-served-my-prison-time-why-do-i-still-have-to-pay.html; and PPI, “ How to spot the hidden costs in a ‘no-cost’
tablet contract,” July 24, 2018, at https://www.prisonpolicy.org/blog/2018/07/24/no-cost-contract/.
56 While the CARES Act (P.L. 116-136) directs the Federal Bureau of Prisons to promulgate rules regarding the ability
of inmates to conduct visitation through video teleconferencing and telephonically, free of charge to inmates, during the
covered emergency period, this law does not cover anyone incarcerated in state or local prisons or jails.
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Other potential policy options include the CFPB’s authority to prevent Unfair, Deceptive, or
Abusive Acts or Practices (UDAAP) for activities under its jurisdiction, granted to the agency by
Congress through Section 1036 of the Dodd-Frank Act. The Dodd-Frank Act provides the CFPB
with rulemaking authority and, with respect to entities within its jurisdiction, enforcement
authority to prevent unfair, deceptive, or abusive acts or practices in connection with any
transaction with a consumer for a consumer financial product or service or the offering of a
consumer financial product or service; the CFPB has supervisory authority for detecting and
assessing risks to consumers and to markets for consumer financial products and services.57 As
codified in 12 U.S.C. §5531(a),
The Bureau may take any action authorized ... to prevent a covered person or service
provider from committing or engaging in an unfair, deceptive, or abusive act or practice
under Federal law in connection with any transaction with a consumer for a consumer
financial product or service, or the offering of a consumer financial product or service.
According to 12 U.S.C. §5481, which sets out the statutory definitions for the CFPB, a
“consumer financial product” includes a range of financial products or services, including money
transmission, so long as it is used for personal, family, or household purposes.58 However, while
the CFPB has produced financial literacy programs59 for people transitioning from incarceration,
it has not determined that activities associated with prison payment providers merit UDAAP
intervention. To the extent Congress is concerned with this issue, Congress could direct the CFPB
to use its rulemaking or supervisory authority to address this market.
Payment Facilitators
Many companies outsource the administration of employee payroll and direct deposit to third-
party payment companies known as payroll processors. Payroll processing has a relatively
straightforward business model: companies hire a payroll processor to manage the administration
of paychecks. Each pay period, the processor receives money from clients and sends the funds to
the account of each of the client’s employees. The processor may use an intermediary to receive
and send the funds.
Payroll companies operate in the background, facilitating transactions from employers to
employees without significant oversight from federal financial regulators. Payroll fraud is a type
of bank fraud that garnered significant attention in 2019. That year, thousands of individuals were
impacted because the CEO of a payroll processor—MyPayrol HR, the payroll processor for over
1,000 companies—al egedly used the company to direct payments to false accounts. In
September 2019, MyPayrollHR ceased operations after the fraud detection system at one of the
CEO’s banks flagged the CEO for potential fraud. A few weeks later, the CEO was arrested for
committing bank and wire fraud, al egedly using the payroll company and a network of fake
companies to redirect funds to fraudulent accounts.60

57 CFPB, “ Unfair, Deceptive, or Abusive Acts or Practices (UDAAPs) examination procedures,” October 1, 2012, at
https://www.consumerfinance.gov/policy-compliance/guidance/supervision-examinations/unfair-deceptive-or-abusive-
acts-or-practices-udaaps-examination-procedures/.
58 12 U.S.C. §5481(15)(A)(iv).
59 Mary Griffin, “Financial information and tools available to help people transitioning from incarceration,” CFPB,
April 29, 2019, at https://www.consumerfinance.gov/about-us/blog/financial-information-tools-help-people-
transitioning-from-incarceration/.
60 Several media outlets covered the fraud. For instance, see Aaron Randle, “$26 Million in Missing Paychecks, One
Mysterious Swindler Charged,” New York Times, November 21, 2019, at https://www.nytimes.com/2019/11/21/
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Payroll processors are subject to varying degrees of state regulations. For example, in New York,
where MyPayrollHR was based, the state banking laws require companies to be licensed by the
Department of Financial Services only if they “engage in the business of sel ing or issuing
checks, or engage in the business of receiving money for transmission.”61 This means that
processors that never touch the money do not have to be licensed by the state. In other words,
processors that hire an intermediary to receive and send funds are not considered money
transmitters, and MyPayrollHR was not registered as a money transmitter with the State of New
York.
There is significant debate as to whether payment processors should be considered money
transmitters or at least included in the regulatory framework for MSBs. After the MyPayrollHR
incident, New York lawmakers announced plans to increase regulation of payroll companies.62 As
mentioned in the “Conference of State Bank Supervisors Money Services Business Model Law”
section, the CSBS chose to exempt agents of payees from its model MSB law because it
considers the consumer liabilities to be extinguished (because payment processors act as agents
for payees, and the funds transacted are held in accounts managed by regulated institutions, such
as banks). In this light, so long as payment processors do not handle the funds, they are
effectively payment facilitators, responsible for sending information and instructions for one
institution to send funds to another.63 If Congress were to take some sort of action with respect to
the current federal regulatory framework for money transmitters as payment processors, it might
be done through FinCEN, which requires registration of several types of MSBs. In 2003, FinCEN
offered an interpretation of its definition of money transmitter,64 and it determined that for various
reasons, payment processors do not meet the threshold for money transmitters.65
Virtual Currency Exchanges and Digital Payments
Congress and federal policymakers have long expressed interest in electronic payments. Dating
back to the Truth in Lending Act of 1968,66 Congress began legislating disclosures, consumer
protections, and regulations associated with electronic payments in the form of credit cards. A
decade later, Congress passed the EFTA, which laid out consumer protections for electronic debit
card payments. Over the past five decades, financial regulators have used their authorities under

nyregion/mypayrollhr-michael-mann.html.
61 Jimmy Vielkind, “New York Subpoenas Payroll Firms After MyParollHR Collapses,” The Wall Street Journal,
October 2, 2019, at https://www.wsj.com/articles/new-york-subpoenas-payroll-firms-after-mypayrollhr-collapses-
11570053236.
62 For instance, see Michael Williams, “ MyPayrollHR debacle: N.Y. Senate Dems introduce legislative fixes to payroll
industry,” Tim es Union, January 27, 2020, at https://www.timesunion.com/business/article/MyPayrollHR-debacle-
Senate-Dems-introduce-15008325.php.
63 For example, see Ellen T raupman Berge et al., “Money T ransmission in the Payment Facilitator Model,” Venable
LLP, June 27, 2018, at https://www.venable.com/insights/publications/2018/06/money-transmission-in-the-payment-
facilitator-mode.
64 31 C.F.R. §103.11(uu)(5).
65 FinCEN, “Definition of Money T ransmitter (Merchant Payment Processor),” November 19, 2003, at
https://www.fincen.gov/resources/statutes-regulations/administrative-rulings/definition-money-transmitter-merchant-
payment .
66 15 U.S.C. §§1601-1667f.
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the EFTA to create rulemakings about debit card overdrafts,67 remittances,68 and prepaid cards.69
Recently, Congress has shown significant interest in other digital payments options, such as
cryptocurrencies and central bank digital currencies,70 and regulators have begun making rules
and enforcement actions in these virtual currency markets.71
One particular concern is how the exchanges that manage the trade of these assets are regulated,
and one of the biggest issues with respect to money transmitters and virtual currencies is the
concept of money. The delineation between a money transmitter and a different kind of business
(perhaps one that does not need to be licensed) often is whether or not the entity handles money.
Since virtual currency exchanges handle virtual currency, there is debate over whether these
entities are indeed handling money, and therefore would be subject to money transmitter
regulations. This debate has implications for money laundering and fraud issues because when an
institution is not registered or licensed, it is subject to fewer standards, especial y with respect to
AML laws. In 2013, FinCEN issued interpretative guidance for virtual currency exchanges,
stating that an “administrator or exchanger that (1) accepts and transmits a convertible virtual
currency or (2) buys or sel s convertible virtual currency for any reason is a money transmitter
under FinCEN’s regulation.”72
Some observers also question whether and which agencies have responsibilities and authorities to
regulate cryptocurrency markets. For instance, money transmitters that facilitate virtual currency
transmission are subject to a variety of state regulations and licensing rules; however, virtual
currencies are also being used as investment vehicles, so there is the question of whether they
also could become subject to federal-level commodities or securities regulation. As Securities and
Exchange Commission (SEC) Chairman Jay Clayton stated in testimony before the Senate
Committee on Banking, Housing, and Urban Affairs (Senate Banking Committee):
It appears that many of the U.S.-based cryptocurrency trading platforms have elected to be
regulated as money-transmission services. Traditionally, from an oversight perspective,
these predominantly state-regulated payment services have not been subject to direct
oversight by the SEC or the CFTC. Traditionally, from a function perspective, these money
transfer services have not quoted prices or offered other services akin to securities,
commodities and currency exchanges. In short, the currently applicable regulatory
framework for cryptocurrency trading was not designed with trading of the type we are
witnessing in mind. As Chairman Giancarlo and I stated recently, we are open to exploring
with Congress, as well as with our federal and state colleagues, whether increased federal

67 Federal Reserve System, “Electronic Fund T ransfers,” 74 Federal Register 59033-59056, November 17, 2009.
68 For example, see CFPB, “Elect ronic Fund T ransfers (Regulation E),” 78 Federal Register 30661-30721, May 22,
2013; and CFPB, “Remittance T ransfers Under the Electronic Fund T ransfer Act (Regulation E),” 84 Federal Register
67132-67167, December 6, 2019.
69 CFPB, “Rules Concerning Prepaid Accounts Under the Electronic Fund T ransfer Act (Regulation E) and the T ruth in
Lending Act (Regulation Z),” 83 Federal Register 6364-6449, February 13, 2018.
70 For example, see U.S. Congress, Senate Committee on Banking, Housings, and Urban Affairs (Sen ate Banking
Committee), The Digitization of Money and Paym ents, full committee hearing, 116th Cong., 2nd sess., June 30, 2020, at
https://www.banking.senate.gov/hearings/the-digitization-of-money-and-payments. More on central bank digital
currencies can be found at CRS In Focus IF11471, Financial Innovation: Central Bank Digital Currencies, by Marc
Labonte, Rebecca M. Nelson, and David W. Perkins.
71 For example, see FinCEN, “ FinCEN Penalizes Peer-to-Peer Virtual Currency Exchanger for Violations of Anti-
Money Laundering Laws,” April 18, 2019, at https://www.fincen.gov/index.php/news/news-releases/fincen-penalizes-
peer-peer-virtual-currency-exchanger-violations-anti-money.
72 FinCEN, “Application of FinCEN’s Regulations to Persons Administering, Exchanging, or Using Virtual
Currencies,” March 18, 2013, at https://www.fincen.gov/resources/statutes-regulations/guidance/application-fincens-
regulations-persons-administering.
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Telegraphs, Steamships, Virtual Currency: An Analysis of Money Transmitter Regulation

regulation of cryptocurrency trading platforms is necessary or appropriate. We also are
supportive of regulatory and policy efforts to bring clarity and fairness to this space.73
The SEC regulates securities transactions and firms participating in securities markets. It does not
have direct oversight over transactions in currencies or commodities, including currency trading
platforms, which is in the regulatory scope of the Commodity Futures Trading Commission
(CFTC). In 2018, then-CFTC Chairman J. Christopher Giancarlo testified at the same hearing
before the Senate Banking Committee on virtual currencies.74 His statement suggested that there
may be insufficient regulatory oversight of virtual currency exchanges, particularly with respect
to data reporting, capital requirements, cybersecurity, fraud, price manipulation, and AML.
Other policymakers have argued that virtual currency developers should not be subject to money
transmitter requirements. In the 116th Congress, Representative Tom Emmer introduced H.R. 528,
which would create a safe harbor from federal and state money transmitter licensing and
registration requirements for developers of “blockchain,” a technology that underpins virtual
currencies, so long as the developer did not have control over a user’s digital currency during the
course of regular business.75 If Congress were to consider further action with respect to virtual
currency exchanges, it could consider the CFTC’s role over commodities exchanges and how the
CFTC and FinCEN can cooperate on money transmitter regulation at the federal level.
National Money Transmitter License
One policy question is whether money transmitters merit a more robust regulatory framework.
Many money transmitters are smal and operate in niche markets or limited geographic areas, but
some are quite large with an international presence. Moreover, although money transmission does
not serve as a substitute for banking services, it is one way that Americans transfer money to
other accounts. To this end, regulators may perceive and wish to address regulatory blind spots
but cannot, as these institutions do not fal under their jurisdictions. Federal Reserve Governor
Lael Brainard stated in a recent discussion about the payments system: “The United States
requires registration of a money transmitter at the federal level for purposes of Bank Secrecy
Act/Anti-Money-Laundering compliance, but it does not require broader federal oversight of
payment system operators.”76
Recently, federal regulators have attempted to bring nonbank financial institutions into the bank
regulatory system by offering special charters, al owing them to be licensed at the federal level
(discussed in more detail below). The authority to do this is being debated in the courts, but

73 T estimony of Securities and Exchange Commission (SEC) Chairman Jay Clayton, in U.S. Congress, Senate Banking
Committee, Chairm an’s Testim ony on Virtual Currencies: The Roles of the SEC and CFTC, hearing, 115th Cong., 2nd
sess., February 6, 2018 (Washington, DC: GPO 2018), at https://www.sec.gov/news/testimony/testimony-virtual-
currencies-oversight -role-us-securities-and-exchange-commission.
74 T estimony of Commodity Futures T rading Commission Chairman J. Christopher Giancarlo, in U.S. Congress, Senate
Banking Committee, Virtual Currencies: The Oversight Role of the U.S. Securities and Exchange Com m ission and the
U.S. Com m odity Futures Trading Com m ission , hearing, 115th Cong., 2nd sess., February 6, 2018 (Washington, DC:
GPO, 2018), at https://www.cftc.gov/PressRoom/SpeechesT estimony/opagiancarlo37.
75 For more on this bill and other related virtual currency legislative issues, see CRS Report R45664, Virtual
Currencies and Money Laundering: Legal Background, Enforcem ent Actions, and Legislative Proposals, by Jay B.
Sykes and Nicole Vanatko.
76 Lael Brainard, “ T he Digitalization of Payments and Currency: Some Issues for Consideration,” speech presented at
the Symposium on the Future of Payments, Stanford, CA, February 5, 2020, at https://www.federalreserve.gov/
newsevents/speech/brainard20200205a.htm.

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Telegraphs, Steamships, Virtual Currency: An Analysis of Money Transmitter Regulation

Congress could consider making this authority explicit if it were to decide to create a federal
licensing scheme and expand federal regulatory authority to these types of financial institutions.
Many nonbank financial companies, such as money transmitters, are licensed at the state level.
Perennial debates occur over whether this regulatory framework for a particular industry is
unnecessarily burdensome or appropriately safeguards against risks. Recently, lenders and
payment processors—the latter of which includes money transmitters—that use fintech have been
at the center of this debate. One proposal to address these questions, which has been
controversial, is to create a mechanism for federal bank regulators to regulate institutions not
traditional y covered by banking regulations. By doing this, the institution would become covered
by the regulatory framework that applies to other depository institutions, and the regulator c ould
apply a similar supervisory framework to the new institution’s operations.
The Office of the Comptroller of the Currency (OCC) has recently taken measures to create a
charter option for certain nonbank companies that are fintech firms. These firms can have a
variety of business models, including money transmitter services. In response to concerns about
this complexity, the OCC requested public comments in 2016 on a proposal to offer national bank
charters to fintech companies.77 In 2018, it announced that it would begin offering charters to
fintech companies.78 The OCC’s charter initiative has been chal enged. State regulators and
consumer advocates have argued that granting such charters would inappropriately al ow federal
preemption of important state-level consumer protections, and that the OCC does not have the
authority to grant bank charters to these types of companies. State regulators have filed lawsuits,
and the matter is the subject of ongoing legal proceedings.79
In June 2020, the acting head of the OCC Brian Brooks announced that he plans to create an
additional national banking charter for payments companies, which he states would amount to a
“national version of a state money transmitter license.”80 The framework for this charter would be
based on the OCC’s charter for fintech firms. Given that this plan met significant legal
chal enges, Congress may want to examine the potential benefits and costs of a national money
transmitter regime and might consider whether it would make sense to expand the OCC’s
authorities (or that of another agency) to explicitly al ow it to grant such a charter.

Author Information

Andrew P. Scott

Analyst in Financial Economics

77 OCC, Exploring Special Purpose National Bank Charters for Fintech Companies, December 2016, at
https://www.occ.gov/publications-and-resources/publications/banker-education/files/pub-special-purpose-nat-bank-
charters-fintech.pdf.
78 OCC, “OCC Begins Accepting National Bank Charter Applications From Financial T echnology Companies,” press
release, July 31, 2018, at https://www.occ.gov/news-issuances/news-releases/2018/nr-occ-2018-74.html.
79 See CRS Legal Sidebar LSB10381, Court Battle for Fintech Bank Charters to Continue, by M. Maureen Murphy.
80 Before working at the OCC, Brian Brooks worked as general counsel for Coinbase, a virtual currency exchange.
Acting Comptroller Brooks unveiled the plan in a podcast with the American Bankers Association (ABA). See ABA,
“Podcast: OCC’s Brooks Plans to Unveil ‘Payments Charter 1.0’ T his Fall,” June 25, 2020, at
https://bankingjournal.aba.com/2020/06/podcast -occs-brooks-plans-to-unveil-payments-charter-1-0-this-fall/.
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Telegraphs, Steamships, Virtual Currency: An Analysis of Money Transmitter Regulation

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