Overview

Title

To amend the Right to Financial Privacy Act of 1978 to preserve the confidentiality of certain records, and for other purposes.

ELI5 AI

The Saving Privacy Act is like a special rulebook that helps keep people's money secrets safe by making it harder for others to peek at them without a good reason. It also says that the government cannot make a type of money that only exists on computers, and it stops a big tool that checks on money businesses to keep people’s money information private.

Summary AI

The Saving Privacy Act aims to amend the Right to Financial Privacy Act of 1978, enhancing the confidentiality of financial records by imposing stricter warrant requirements and exceptions. Additionally, it seeks to dismantle the Consolidated Audit Trail to prevent privacy breaches and prohibit central bank digital currencies, ensuring currency remains physically issued. The bill also introduces measures to scrutinize and regulate financial and digital transactions more transparently and prohibits restrictions on the personal use of convertible virtual currencies.

Published

2025-03-14
Congress: 119
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2025-03-14
Package ID: BILLS-119hr2155ih

Bill Statistics

Size

Sections:
27
Words:
9,149
Pages:
41
Sentences:
229

Language

Nouns: 2,450
Verbs: 645
Adjectives: 521
Adverbs: 94
Numbers: 379
Entities: 601

Complexity

Average Token Length:
4.02
Average Sentence Length:
39.95
Token Entropy:
5.46
Readability (ARI):
20.90

AnalysisAI

Summary of the Bill

H.R. 2155, titled the "Saving Privacy Act," aims to amend existing financial privacy laws, focusing on the Right to Financial Privacy Act of 1978. The proposed bill introduces a comprehensive collection of reforms spanning several areas, such as the Bank Secrecy Act, usage of central bank digital currencies, oversight of federal agency rulemaking, and protection of third-party network transactions. The bill also includes provisions addressing the confidentiality of financial records, eliminating certain regulatory requirements, and facilitating more robust privacy protections for customer financial information.

Significant Issues

Several substantial issues emerge from the proposed legislation. One primary concern revolves around TITLE IV's prohibition on the issuance of central bank digital currencies by Federal Reserve Banks. This constraint might restrict technological advancements in digital currency infrastructure. Additionally, the abrupt termination of the Consolidated Audit Trail in TITLE III without an alternative solution may result in a significant regulatory gap impacting financial market oversight. Another notable issue is the complexity and potential burden introduced by TITLE V's changes to congressional oversight processes, specifically through the REINS Act. This title suggests more stringent reviews of agency rulemaking without providing clear evidence for such a need, which might lead to legislative inefficiencies.

Furthermore, the use of vague language across the bill could foster ambiguities. For instance, terms like "reasonably described" in SECTION 1102 and "good cause" in SECTION 807 may invite varying interpretations, complicating legal consistency and enforcement. Exemptions for monetary policy, specifically in SECTION 806, could hinder adequate oversight of the Federal Reserve's rulemaking, potentially affecting the balance of power in monetary policy decisions.

Broad Public Impact

Broadly speaking, the Saving Privacy Act, if enacted, might influence the financial landscape significantly. Positively, the bill's focus on reinforcing privacy protections aligns with growing public concerns regarding data security and access to personal information. By introducing stricter requirements for accessing financial records, the public can feel more assured about their financial privacy.

However, potential downsides include the disruption of financial market oversight due to the swift closure of the Consolidated Audit Trail without a replacement. This change could impact the market's transparency and stability. Moreover, the complexity and burden of complying with expanded congressional oversight might slow down the implementation of new rules and regulations, potentially stifling innovation and adaptability within financial institutions.

Impact on Specific Stakeholders

Financial institutions could benefit from reduced regulatory burdens following the repeal or amendment of certain sections within existing privacy laws. The changes might streamline compliance processes per the bill's adjusted definitions and requirements. Conversely, these institutions could face challenges maintaining regulatory compliance when legislative changes introduce ambiguity and complexity.

The prohibition on central bank digital currencies could negatively affect stakeholders advocating for a U.S. government-backed digital currency system. Such a system potentially enhances payment efficiency and financial inclusion, especially for populations relying less on traditional banking methods.

For regulatory agencies, the bill's enhancements to oversight might translate into added administrative responsibilities, diverting resources to comply with new reporting and procedural stipulations. Agencies may need to realign their operational frameworks, potentially resulting in delays or adjustments to existing regulatory practices.

Overall, while the Saving Privacy Act proposes commendable goals centered on privacy and accountability, its potential impacts on technological advancements, market oversight, and regulatory processes warrant careful scrutiny and deliberation.

Financial Assessment

The Saving Privacy Act includes several sections with financial references, primarily focused on fines, transaction thresholds, and economic impacts. This commentary examines these elements and their implications within the context of the bill's provisions and identified issues.

Financial Penalties and Civil Liabilities

In Title VI, Section 601, the bill specifies criminal penalties for unauthorized access or disclosure of financial records. It imposes fines not exceeding $5,000 and potential imprisonment for up to five years. Such measures aim to deter violations of financial privacy. Complementing these penalties, Section 602 outlines civil liabilities, including penalties of not less than $1,000 per violation per day. Additionally, violators may be subject to paying reasonable attorney’s fees, litigation costs, and compensatory damages. These financial consequences are designed to enforce strict adherence to privacy laws.

Bank Secrecy Act Reforms

Section 101 introduces reforms to the Bank Secrecy Act, including a provision that adjusts the currency transaction threshold. The requirement to report transactions exceeding $3,000 is retained, with an annual adjustment based on the Consumer Price Index. This adjustment aligns transaction reporting with inflation, ensuring that monetary benchmarks remain relevant over time. However, the elimination of several reporting sections under this act could lead to gaps in financial oversight, addressing the concern raised about potential regulatory gaps due to the termination of the Consolidated Audit Trail without an alternative solution.

Congressional Review of Major Rules

In Section 502, the bill introduces a rigorous review process for agency rulemaking under the REINS Act, defining a "major rule" as one with an economic impact of $100 million or more annually. This process aims to enhance legislative oversight and accountability for economically significant regulations, though it might introduce complexity and potential delays, as noted in the issues. The emphasis on substantial economic effects underscores the need for careful scrutiny of impactful regulations.

Reporting Threshold for Third-Party Networks

Title VII, Section 701 amends the reporting requirements for third-party network transactions. The bill stipulates that only transactions exceeding $20,000 annually and involving more than 200 transactions are reportable. This change aims to reduce the reporting burden for smaller transactions, aligning with the bill's broader objective of safeguarding personal financial privacy. However, it might lead to reduced transparency for smaller yet significant financial activities, echoing concerns about potential oversight gaps.

Summary

Overall, the financial aspects of the Saving Privacy Act reflect a focus on enhancing privacy through adjusted financial thresholds, substantial fines, and increased legislative scrutiny over major rules. These measures align with the bill's intent to strengthen privacy protections while carefully balancing regulatory oversight. However, the potential for regulatory gaps and oversight challenges due to ambiguous thresholds and exemptions must be considered to ensure comprehensive financial governance.

Issues

  • The prohibition of Federal agencies from issuing a central bank digital currency to individuals as outlined in TITLE IV might limit future technological innovations in digital currency infrastructure (SEC. 401). This restriction could hinder the development of a government-backed digital currency system that could enhance financial inclusion and streamline economic transactions.

  • The mandate to terminate the Consolidated Audit Trail within 30 days as required in TITLE III (SEC. 301) could lead to significant regulatory gaps and disruptions. The absence of an alternative solution or framework to replace its functions raises concerns about the potential impacts on financial market oversight.

  • TITLE V's changes to congressional oversight processes, specifically the REINS Act's introduction, suggest Congress has excessively delegated legislative powers without providing concrete evidence (SEC. 501). The complexity and potential burden of the new review procedures for agency rulemaking (SEC. 502) could lead to inefficiencies and legislative gridlock.

  • The use of vague language across multiple sections could lead to ambiguity and misinterpretation. For instance, terms like 'reasonably described', 'good cause', and 'contrary to the public interest' in SECS. 1102, 807, and elsewhere may be subject to varying interpretations, affecting legal consistency and enforcement.

  • The broad exemptions provided for monetary policy as outlined in SEC. 806 prevent adequate oversight of the Federal Reserve's rulemaking, potentially affecting the checks and balances over monetary policy decisions.

  • The provision for the reimbursement of fees collected for the Consolidated Audit Trail in TITLE III does not define the appropriate process or eligibility criteria (SEC. 301), leading to potential inconsistencies in implementation and financial accountability.

  • The exclusion of nonmajor rules from thorough legislative review processes in SEC. 803 could result in important regulations being overlooked or inadequately scrutinized due to the complex requirements and deadlines involved.

  • The prohibition on restricting the use of convertible virtual currencies without clear definitions or guidelines could lead to regulatory confusion or misuse (SEC. 802). The lack of oversight mechanisms when using convertible virtual currencies poses security and compliance concerns.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The "Saving Privacy Act" organizes reforms and rules into several titles, including changes to bank privacy, financial privacy, and regulations on digital currency. It covers areas such as updating the Bank Secrecy Act, warrant requirements under the Right to Financial Privacy Act, and preventing restrictions on the use of virtual currencies.

101. Bank Secrecy Act reforms Read Opens in new tab

Summary AI

The section outlines reforms to the Bank Secrecy Act by adjusting the Right to Financial Privacy Act to limit government access to customer financial records and amending Chapter 53 of Title 31 of the U.S. Code to refine definitions and eliminate certain sections and terms, aiming to ensure financial institutions retain effective transaction records.

Money References

  • 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.”; (2) in section 5312(a)— (A) in paragraph (2), by repealing subparagraphs (O), (Q), (S), (T), (V), (Y), and (Z); 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; (4) in section 5318— (A) in subsection (a)— (i) in the matter preceding paragraph (1), 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 (B) in subsection (k)— (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 (ii) in paragraph (3)(A)(i)— (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); (5) in section 5321— (A) in subsection (a)— (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 that 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; (6) in section 5322— (A) by striking “(except section 5315, 5324, or 5336 of this title or a regulation prescribed under section 5315, 5324, or 5336)” each place that term appears; and (B) in subsection (d)— (i) by striking “, or any special measures imposed under section 5318A,”; and (ii) by striking “or section 5318A”; (7) in section 5325(a), in the matter preceding paragraph (1), 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)”; (8) in section 5330(d)(1)— (A) in subparagraph (A), by adding “and” at the end; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (9) in section 5335— (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 for 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.

1102. Confidentiality of records—Government authorities Read Opens in new tab

Summary AI

Government authorities cannot access or obtain copies of a customer's financial records from a financial institution unless the records are specifically described and provided in response to a valid search warrant, except under certain circumstances outlined in other sections.

5311. Declaration of purpose Read Opens in new tab

Summary AI

The purpose of this section is to make sure that financial institutions keep records of transactions that show customer information linked to their financial records.

201. Warrant requirements and exceptions Read Opens in new tab

Summary AI

The section outlines changes to the Right to Financial Privacy Act of 1978, specifying that certain parts are removed or amended, and adding a rule that restricts the Federal Government from accessing an individual's financial records in ways that violate the Fourth Amendment. It emphasizes Congress's intention to protect the privacy of people's financial records.

301. Requirements and prohibitions regarding the Consolidated Audit Trail Read Opens in new tab

Summary AI

The section requires the Securities and Exchange Commission (SEC) to end the Consolidated Audit Trail within 30 days and adjust any related regulations within 120 days. Additionally, it prohibits the establishment of similar databases collecting personal information without explicit legal authority, and mandates reimbursement of fees collected for the project within one year.

401. Central bank digital currency Read Opens in new tab

Summary AI

The section amends the Federal Reserve Act to prohibit Federal Reserve banks and the U.S. Treasury from issuing or managing central bank digital currencies for individuals, offering related digital currency services to individuals, or using these digital currencies to meet reserve requirements.

501. Purpose Read Opens in new tab

Summary AI

The purpose of this section is to ensure that Congress takes responsibility for the laws it passes by requiring a vote on major regulations. This aims to make the legislative process more careful and transparent, reinforcing Congress's accountability to the American people.

502. Congressional review of certain agency rulemaking Read Opens in new tab

Summary AI

Congressional Review of Certain Agency Rulemaking outlines how Congress can review and approve or disapprove rules made by federal agencies. This includes procedures for major and nonmajor rules, defines what constitutes a "major rule," and establishes processes for judicial review, exemptions, and effective dates of certain rules, while specifying that rules relating to monetary policy are exempt from this review process.

Money References

  • “(2) The term ‘major rule’ means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget or the Federal agency promulgating such rule finds has resulted in or is likely to result in— “(A) an annual effect on the economy of $100 million or more; “(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; “(C) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; or “(D) in an increase in mandatory vaccinations.

801. Congressional review Read Opens in new tab

Summary AI

The section explains the process for congressional review of federal agency rules, specifying that agencies must report detailed information about new rules to Congress before they can take effect. It outlines the steps needed for both major and nonmajor rules, including the requirements for reports, the role of the Comptroller General, and how Congress can approve or disapprove rules via joint resolutions, with certain exceptions where the President can expedite a rule's enactment.

802. Congressional approval procedure for major rules Read Opens in new tab

Summary AI

The section outlines the process for Congress to approve major rules through joint resolutions. It describes how such resolutions must be introduced, referred to committees, and voted on in both the House and the Senate, while specifying timelines and procedures to ensure these rules are promptly considered.

803. Congressional disapproval procedure for nonmajor rules Read Opens in new tab

Summary AI

In this section, Congress outlines a process for rejecting nonmajor rules through a joint resolution, which must be introduced within a specific time frame and can be expedited through both the House and Senate. The Senate has strict rules on debating these resolutions, including time limits and restrictions on amendments, to ensure prompt consideration and voting.

804. Definitions Read Opens in new tab

Summary AI

The section defines the terms used in a bill, including what a "Federal agency" is, specifying organizations like the Federal Reserve and the Securities and Exchange Commission. It also explains what constitutes a "major rule" and a "nonmajor rule," and clarifies the meaning of "rule" and "submission or publication date" for both major and nonmajor rules.

Money References

  • (2) The term “major rule” means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget or the Federal agency promulgating such rule finds has resulted in or is likely to result in— (A) an annual effect on the economy of $100 million or more; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; (C) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; or (D) in an increase in mandatory vaccinations.

805. Judicial review Read Opens in new tab

Summary AI

In this section, it explains that legal decisions or actions made under this chapter usually cannot be reviewed by a court, but there is an exception. A court can review to make sure a Federal agency has followed all necessary steps before a new rule is put into effect. Additionally, passing a resolution does not give Congress the authority to change a rule or affect any lawsuits about it.

806. Exemption for monetary policy Read Opens in new tab

Summary AI

Monetary policy rules set by the Federal Reserve or the Federal Open Market Committee are not subject to the regulations outlined in this chapter.

807. Effective date of certain rules Read Opens in new tab

Summary AI

Any rule related to hunting, fishing, or camping, or a non-major rule deemed urgent by an agency, will go into effect when the agency decides, regardless of normal procedures.

808. Review of rules currently in effect Read Opens in new tab

Summary AI

The section requires each agency to review and report on at least 20% of its existing rules every year for four years. If Congress doesn't approve these rules within 90 days, they will no longer be in effect, and any rules not approved within five years will expire.

503. Budgetary effects of rules subject to section 802 of title 5, United States Code Read Opens in new tab

Summary AI

The section amends the Balanced Budget and Emergency Deficit Control Act to clarify that any rule subject to congressional approval under section 802 of title 5, which affects budget authority, spending, or revenue, is considered effective unless Congress disapproves it according to the procedures in that section.

504. Government Accountability Office study of rules Read Opens in new tab

Summary AI

The Government Accountability Office is required to study and report on the number and economic impact of rules and major rules in effect as of the enactment date of this Act, with findings to be submitted to Congress and published online within one year.

601. Criminal penalties Read Opens in new tab

Summary AI

The section introduces criminal penalties in the Right to Financial Privacy Act of 1978, stating that any U.S. agency, department, or financial institution that knowingly obtains or discloses financial records illegally can be fined up to $5,000, face up to 5 years in prison, or both. However, financial institutions or their employees acting in good faith based on government certificates or certain legal provisions won't be punished under this rule.

Money References

  • the following: “Sec. 1116A. (a) Except as provided in subsection (b), any agency or department of the United States or financial institution knowingly obtaining or knowingly disclosing financial records or information contained therein in violation of this title shall be fined in any amount not exceeding $5,000, or imprisoned not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, the officer or employee shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense.

1116A. Criminal penalties Read Opens in new tab

Summary AI

Any government agency, department, or financial institution that knowingly gets or shares financial records illegally can be fined up to $5,000, imprisoned for up to 5 years, or both, and government workers may lose their jobs if they are convicted. However, if a financial institution or its workers share records in good faith under a legitimate government certificate or as allowed by section 1113(l), they cannot be prosecuted.

Money References

  • (a) Except as provided in subsection (b), any agency or department of the United States or financial institution knowingly obtaining or knowingly disclosing financial records or information contained therein in violation of this title shall be fined in any amount not exceeding $5,000, or imprisoned not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, the officer or employee shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. (b) Any financial institution or agent or employee thereof making a disclosure of financial records pursuant to this title in good-faith reliance upon a certificate by any Government authority or pursuant to the provisions of section 1113(l) shall not be subject to prosecution under subsection (a).

602. Civil penalties Read Opens in new tab

Summary AI

The amendment to Section 1117(a) of the Right to Financial Privacy Act of 1978 changes the penalties for violations, introducing a minimum fine of $1,000 per violation per day, along with reasonable attorney's fees and litigation costs, and potential compensatory damages.

Money References

  • is amended by striking paragraphs (1) through (4) and inserting the following: “(1) not less than $1,000 per violation per day; “(2) reasonable attorney’s fees and litigation costs; and “(3) compensatory damages.”.

603. Other relief Read Opens in new tab

Summary AI

The text modifies the Right to Financial Privacy Act of 1978 by adding section 1118A, which allows for additional remedies such as a writ of mandamus and other appropriate forms of relief to ensure compliance with the procedures outlined in the title.

1118A. Other relief Read Opens in new tab

Summary AI

In addition to other solutions provided in this title, the section states that a court order, like a writ of mandamus, and any other suitable legal actions, including fair or formal declarations, can be used to ensure that the procedures outlined in the title are followed.

701. Repeal of modification of exceptions for reporting of third party network transactions Read Opens in new tab

Summary AI

The section amends the Internal Revenue Code to require third party settlement organizations to report transactions only if they exceed $20,000 and have more than 200 transactions. This change will apply to returns starting in 2022, with additional clarification on the amendment’s effective date relating to transactions occurring after the passage of the American Rescue Plan Act of 2021.

Money References

  • In general.—Section 6050W(e) of the Internal Revenue Code of 1986 is amended to read as follows: “(e) Exception for de minimis payments by third party settlement organizations.—A third party settlement organization shall be required to report any information under subsection (a) with respect to third party network transactions of any participating payee only if— “(1) the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions exceeds $20,000, and “(2) the aggregate number of such transactions exceeds 200.”. (b) Conforming amendment.—Section 6050W(c)(3) of the Internal Revenue Code of 1986 is amended by striking “described in subsection (d)(3)(A)(iii)”. (c) Effective date.— (1) IN GENERAL.—The amendment made by subsection (a) shall apply to returns for calendar years beginning after December 31, 2021.

801. Short title Read Opens in new tab

Summary AI

The section names the piece of legislation as the "Keep Your Coins Act."

802. Prohibition on restricting use of convertible virtual currency by a person to purchase goods or services for the person’s own use Read Opens in new tab

Summary AI

In this section, the bill prohibits any federal agency from preventing individuals from using virtual currencies to buy goods or services for their own use. It also allows individuals to use self-hosted wallets, retaining control over their digital currencies.