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H. Rept. 118-317 1 (2023-12-13)

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                      118TH CONGRESS                                             REPORT
                         1st Session     HOUSE OF REPRESENTATIVES                118-317







                                     FINANCIAL PRIVACY ACT OF 2023



                      DECEMBER  13, 2023.-Committed to the Committee of the Whole House on the State
                                         of the Union and ordered to be printed



                           Mr. MCHENRY, from the Committee on Financial Services,
                                             submitted   the  following


                                                 R  E  P   O  R  T

                                               [To accompany H.R. 5485]

                        The  Committee on Financial Services, to whom was referred the
                      bill (H.R. 5485) to require  the Secretary  of the Treasury   to provide
                      for greater transparency and protections with regard to Bank Se-
                      crecy Act  reports,  and  for other  purposes,  having  considered   the
                      same,  reports   favorably  thereon   with  an   amendment and rec-
                      ommends that the bill   as amended do pass.
                        The  amendment is as follows:
                        Strike all after the enacting  clause and  insert the following:
                      SECTION 1. SHORT TITLE.
                        This Act may be cited as the Financial Privacy Act of 2023.
                      SEC. 2. FINDINGS.
                        The Congress finds the following:
                           (1) Pursuant to the Bank Secrecy Act (BSA), the Secretary of the Treasury,
                         acting through the Financial Crimes Enforcement Network (FinCEN), collects
                         millions of reports annually on the economic activity of ordinary Americans.
                           (2) Since 2001, FinCEN has applied the BSA to collect over 322,000,000 Cur-
                         rency Transaction Reports and more than 36,000,000 Suspicious Activity Re-
                         ports, as well as nearly 5,000,000 Form 8300 Reports. In addition, FinCEN ex-
                         pects to amass beneficial ownership information (BOI) from 32,000,000 compa-
                         nies in its initial year of collection, plus 5,000,000 additional companies impli-
                         cated each year thereafter.
                           (3) The mass of reporting collected by FinCEN suggests that, while certain
                         BSA  reports might prove useful to combat illicit finance, the bulk of BSA-re-
                         lated data may possess little to no nexus to legitimate law enforcement or intel-
                         ligence purposes, even as it encompasses highly sensitive details on the every-
                         day lives of Americans.
                           (4) By law, the Secretary of the Treasury must ensure the security and con-
                         fidentiality of BSA data. In a Notice of Proposed Rulemaking from December
                         2022, FinCEN acknowledged that BOI is highly sensitive information. FinCEN
                         therefore views it as critical to mitigate the risk of unauthorized disclosure of
                         BOI as much as possible..
                         49-006

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