118th CONGRESS 1st Session |
To make reforms to the Bank Secrecy Act, and for other purposes.
February 27, 2023
Mr. Rose (for himself and Mr. Sessions) introduced the following bill; which was referred to the Committee on Financial Services
To make reforms to the Bank Secrecy Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Bank Privacy Reform Act”.
SEC. 2. Bank Secrecy Act reforms.
(a) Right to Financial Privacy Act of 1978.—The Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.) is amended—
(1) by amending section 1102 to read as follows:
“SEC. 1102. Confidentiality of records—Government authorities.
“Except as provided by subsection (c) or (d) of section 1103 or section 1113, no Government authority may have access to or obtain copies of, or the information contained in the financial records of any customer from a financial institution unless the financial records are reasonably described and such financial records are disclosed in response to a search warrant which meets the requirements of section 1106.”;
(2) by striking sections 1104, 1105, 1107, 1108, and 1114;
(3) in section 1109(a), by striking “section 1104(c), 1105(2), 1106(c), 1107(2), 1108(4),” and inserting “section 1106(c)”; and
(4) in section 1113, by striking subsections (c) through (r).
(b) Title 31.—Chapter 53 of title 31, United States Code, is amended—
(1) by amending section 5311 to read as follows:
Ҥ 5311. Declaration of purpose
“It is the purpose of this subchapter to require financial institutions to retain transaction records that include information identified with or identifiable as being derived from the financial records of particular customers.”;
(i) in subparagraph (B), by adding “and” at the end;
(ii) by striking subparagraph (C); and
(iii) by redesignating subparagraph (D) as subparagraph (C); and
(B) by amending paragraph (4) to read as follows:
“(4) ‘nonfinancial trade or business’ means any entity engaged in trade or business other than a financial institution.”;
(3) by striking sections 5313, 5314, 5315, 5316, 5317, 5318A, 5324, 5326, 5331, 5332, and 5336;
(i) by striking “(except under section 5315 of this title and regulations prescribed under section 5315)”;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively; and
(i) in paragraph (1)(C), by striking “has the same meaning as in section 5318A(e)(1)(B)” and inserting “means an account established to receive deposits from, make payments on behalf of a foreign financial institution, or handle other financial transactions related to such institution”; and
(I) in subclause (II), by adding “or” at the end;
(II) in subclause (III), by striking “; or” and inserting a period; and
(III) by striking subclause (IV);
(i) in paragraph (1), by striking “(except sections 5314, 5315, and 5336 of this title or a regulation prescribed under sections 5314, 5315, and 5336)”;
(ii) by striking paragraphs (2), (3), (4), and (5);
(iii) in paragraph (6), by striking “(except section 5336)” each place such term appears;
(iv) in paragraph (7), by striking “or any special measures imposed under section 5318A”; and
(v) by redesignating paragraphs (6) and (7) as paragraphs (2) and (3), respectively;
(B) by striking subsection (c); and
(C) by redesignating subsections (d) through (g) as subsection (c) through (f), respectively;
(A) by striking “(except section 5315, 5324, or 5336 of this title or a regulation prescribed under section 5315, 5324, or 5336)” each place such term appears; and
(i) by striking “, or any special measures imposed under section 5318A,”; and
(ii) by striking “or section 5318A”;
(7) in section 5325(a), by inserting after “$3,000” the following: “(as such amount is annually adjusted by the Secretary to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor)”;
(A) in subparagraph (A), by adding “and” at the end;
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B);
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively;
(10) by striking subchapter III; and
(11) in the table of contents in chapter 53, by striking the items relating to—
(A) sections 5313, 5314, 5315, 5316, 5317, 5318A, 5324, 5326, 5331, 5332, and 5336; and
(B) subchapter III.