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 bill wants to make money rules safer and stop people from looking at our money secrets without permission, but some parts might be confusing and could make problems for the people who have to follow the rules.

Summary AI

S. 5242 aims to amend the Right to Financial Privacy Act of 1978 to enhance the confidentiality of certain financial records. The bill introduces reforms to the Bank Secrecy Act and outlines warrant requirements and exceptions for accessing financial records by the government. It also introduces measures to terminate the Consolidated Audit Trail, prohibits the development of a central bank digital currency, and imposes stricter congressional oversight on federal agency rulemaking. Additionally, the bill strengthens penalties for unauthorized access to financial records.

Published

2024-09-25
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-09-25
Package ID: BILLS-118s5242is

Bill Statistics

Size

Sections:
24
Words:
8,491
Pages:
37
Sentences:
154

Language

Nouns: 2,171
Verbs: 587
Adjectives: 476
Adverbs: 93
Numbers: 387
Entities: 475

Complexity

Average Token Length:
3.98
Average Sentence Length:
55.14
Token Entropy:
5.40
Readability (ARI):
28.29

AnalysisAI

The proposed bill, titled the "Saving Privacy Act," seeks to make substantial changes to the Right to Financial Privacy Act of 1978, along with introducing new provisions aimed at enhancing privacy and financial regulation. The legislation is organized into several titles that address different areas, including reforms to the Bank Secrecy Act, financial privacy amendments, restrictions on digital currency issuance by central banks, and additional oversight on regulations issued by federal agencies. Let's explore the key elements and implications of this legislative proposal.

General Summary of the Bill

The bill seeks to enhance financial privacy and oversight in multiple areas. It aims to amend the Right to Financial Privacy Act of 1978 to ensure government authorities require search warrants to access financial records unless specified otherwise. Additionally, the legislation proposes the termination of the Consolidated Audit Trail, prohibits central bank digital currencies, and implements stricter congressional reviews for certain agency rulemakings. The bill also adds potential criminal and civil penalties to address suspicious financial activities.

Significant Issues

The bill presents notable concerns, particularly due to its sweeping changes to existing laws. One of the primary issues is the removal of entire sections of existing regulations, such as those in the Bank Secrecy Act and the Right to Financial Privacy Act, without providing detailed explanations or justifications. This could lead to confusion, gaps in regulatory oversight, and unintended consequences.

The strict timeline imposed for terminating the Consolidated Audit Trail raises concerns about creating operational disruptions and potential data loss. Furthermore, the prohibition on central bank digital currencies lacks clarity on its rationale, creating uncertainty in how this will affect the financial landscape.

The increased scrutiny on regulations, involving more rigorous congressional reviews, could introduce significant administrative burdens. Determining what qualifies as a "major" or "nonmajor" rule is complicated by broad criteria that could overwhelm the review process.

The criminal and civil penalty sections contain ambiguities that could lead to inconsistent enforcement, especially concerning the calculation of fines and criteria for violations. Additionally, the broad exemption for monetary policy rules leaves a gap where certain Federal Reserve actions may avoid necessary public accountability.

Impacts on the Public and Stakeholders

From a public perspective, the bill's emphasis on financial privacy is likely to resonate positively with those concerned about government overreach. However, the complexities and lack of clarity in its provisions may lead to confusion and difficulty in understanding its true implications.

For financial institutions, this bill could present challenges. Increased requirements for privacy and potential penalties for non-compliance might place additional burdens on financial entities, requiring them to alter their practices significantly. The lack of clear guidelines could increase compliance costs and lead to potential legal disputes.

On the other hand, consumers may benefit from improved privacy protections and stronger restrictions on government access to personal financial records. These measures could enhance individual privacy rights and reduce unwarranted surveillance.

Overall, while the "Saving Privacy Act" proposes several measures that enhance financial privacy and strengthen regulatory oversight, the ambiguity, lack of thorough justification, and potential administrative burdens associated with this bill could pose challenges for effective implementation. Greater clarity and detail could help mitigate some of these concerns and ensure the proposed benefits are realized effectively.

Financial Assessment

The bill, S. 5242, titled the "Saving Privacy Act," seeks to amend existing laws related to financial privacy and regulatory oversight. It contains several references to monetary considerations, specifically in terms of fines, penalties, and economic impacts. This commentary will focus on these financial elements and their implications as outlined in the bill.

Financial References in Specific Sections

Section 101: Bank Secrecy Act Reforms

This section outlines amendments where certain clauses are struck, but it includes provisions for financial institutions to retain transaction records. Although this does not directly involve spending or appropriations, it implies potential costs for financial institutions to comply with record-keeping requirements. The repealed sections might have previously contained financial obligations or stipulations that are not directly addressed in the current amendments, which could lead to gaps or reduced financial oversight.

Section 502-804: Definition of Major Rule

In the context of congressional oversight of federal agency rulemaking, the bill defines a "major rule" as one that has an annual economic effect of $100 million or more. This threshold suggests significant financial implications for any rule considered "major." Such rules could incur substantial costs across various sectors, including consumers, industries, and governments, as well as potential impacts on prices and the economy as a whole. The broad criteria for what constitutes a "major rule" could potentially overwhelm the congressional review process, raising concerns about administrative capacity to adequately scrutinize rules with significant financial implications.

Section 601: Criminal Penalties

This section introduces fines for violations of financial privacy. Specifically, it states a fine "in any amount not exceeding $5,000," alongside potential imprisonment sentences. The ambiguity in the exact calculation and application of these fines could lead to inconsistent enforcement and interpretation of what constitutes a breach. Moreover, this figure, while seemingly straightforward, does not provide a clear framework for how penalties might be scaled based on the severity or frequency of offenses, leading to potential operational uncertainties for both government entities and financial institutions.

Section 602: Civil Penalties

The Right to Financial Privacy Act of 1978 is further amended to enforce civil penalties, setting a minimum of $1,000 per violation per day. This specifies a more quantifiable financial consequence for non-compliance, emphasizing the importance of adherence to privacy regulations. Including "reasonable attorney's fees and litigation costs" in these penalties suggests that defendants could face substantial financial burdens. These provisions aim to deter non-compliance through significant financial repercussions but may also lead to challenges due to the potential for high cumulative penalties, affecting the operational strategies of financial institutions.

Financial Implications and Potential Issues

Overall, the bill introduces several financial references primarily through penalties and the economic impact of regulations deemed as "major rules." The key concern lies in defining and enforcing these financial aspects consistently, considering the identified issues such as potentially overwhelming congressional capacities and the operational burden on financial institutions. The lack of clarity regarding how fines and penalties are determined further exacerbates these concerns. As these financial elements are critical to the bill's enforcement mechanisms, ensuring transparent and fair applications will be essential in preventing arbitrary enforcement and misunderstanding.

Issues

  • The bill presents extensive changes to the Right to Financial Privacy Act of 1978 and existing financial regulations, raising concerns about gaps in regulatory oversight due to the repeal of entire sections and the lack of explanations or justifications for these amendments. This issue is most evident in sections 101 (Bank Secrecy Act reforms) and 201 (Warrant requirements and exceptions).

  • The requirement in section 301 for the Securities and Exchange Commission to terminate the Consolidated Audit Trail within 30 days may lead to operational challenges or data loss due to a lack of detailed planning or a transition strategy. Additionally, prohibiting Federal agencies from establishing centralized databases that collect personally identifiable information without explicit legal authorization could hinder timely regulatory actions.

  • The amendments relating to the prohibition on central bank digital currencies (section 401) lack clarity on the rationale for such a prohibition and the implications for digital currency intermediaries. This might lead to significant operational and regulatory uncertainties within the financial system.

  • Sections 501 and 502, which involve increased scrutiny on regulations through congressional review, introduce potential administrative burdens and complexity, especially concerning the classification of rules as 'major' or 'nonmajor'. This includes potential overwhelming of the congressional review process due to broad criteria for rules qualifying as major.

  • The language in section 801 regarding congressional review involves complex procedural requirements that could potentially lead to administrative inefficiencies and misunderstandings in the legislative process, particularly due to ambiguous terms such as 'major rule' and the framework for joint resolution approvals.

  • The criminal and civil penalties outlined in sections 601 and 602 present ambiguity, such as undefined calculation methods for fines, potentially leading to arbitrary enforcement and misunderstanding among financial institutions about compliance expectations.

  • The bill broadly exempts monetary policy rules from oversight activities in section 806, which could create gaps in accountability and transparency for Federal Reserve actions that have significant economic implications.

  • Section 1116A outlines criminal penalties for violations of financial privacy, but ambiguous terms such as 'good-faith reliance' and 'knowingly' obtaining or disclosing information could lead to inconsistent interpretations and enforcement challenges.

  • There are numerous instances throughout various sections where complex legal language and references to other statutory parts may hinder public understanding and transparency, limiting engagement and informed debate on the legislative changes proposed.

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" is structured into several titles, each focusing on different areas such as reforms to the Bank Secrecy Act, adjustments to the Right to Financial Privacy Act, and regulations surrounding government financial procedures. It includes measures on bank privacy, financial data trail requirements, and explicitly excludes the creation of a central bank digital currency, while also addressing government agency rulemaking oversight and penalties for suspicious activities.

101. Bank Secrecy Act reforms Read Opens in new tab

Summary AI

The section outlines reforms to the Bank Secrecy Act, amending various sections of existing financial privacy and reporting laws. It modifies or removes certain requirements and definitions, aiming to update the rules governing how the government can access financial records and how financial transactions are recorded and reported by institutions.

Money References

  • “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 (12 U.S.C. 3404), 1105 (12 U.S.C. 3405), 1107 (12 U.S.C. 3407), and 1108 (12 U.S.C. 3408); and (3) in section 1109(a) (12 U.S.C. 3409(a)), by striking “section 1104(c), 1105(2), 1106(c), 1107(2), 1108(4),” and inserting “section 1106(c)”. (b) Title 31.—Chapter 53 of title 31, United States Code, is amended— (1) by amending section 5311 to read as follows: “§ 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.”; (2) in section 5312(a)— (A) in paragraph (3)— (i) in subparagraph (B), by adding “and” at the end; (ii) by striking subparagraph (C); (iii) by redesignating subparagraph (D) as subparagraph (C); and (iv) in subparagraph (C), as so redesignated, by striking “subparagraph (A), (B), or (C)” and inserting “subparagraph (A) or (B)”; 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 a customer's financial records from a financial institution unless the records are specifically described and disclosed in response to a proper search warrant, except where otherwise allowed by certain sections of the law.

5311. Declaration of purpose Read Opens in new tab

Summary AI

Financial institutions are required to keep records of transactions that can be traced back to the financial records of their specific customers.

201. Warrant requirements and exceptions Read Opens in new tab

Summary AI

The section amends the Right to Financial Privacy Act of 1978 by removing certain sections and clarifying that the Federal Government cannot access an individual's financial records in ways that would violate the Fourth Amendment.

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 terminate the Consolidated Audit Trail (CAT) within 30 days, amend related regulations within 120 days, and prohibits any federal agency from creating a similar database without Congress's approval. Additionally, it mandates that fees collected for the CAT be reimbursed within a year.

401. Central bank digital currency Read Opens in new tab

Summary AI

The amendment to Section 13 of the Federal Reserve Act prohibits federal reserve banks, the Board, the Treasury, and other agencies from directly issuing central bank digital currency to individuals, providing related services, or maintaining accounts for individuals. Moreover, it prevents federal reserve banks from holding or using U.S. Government-issued digital currencies as part of their financial assets or liabilities.

501. Purpose Read Opens in new tab

Summary AI

The purpose of this section is to improve how the federal government makes and oversees regulations by ensuring Congress remains responsible for the laws they pass. This will be achieved by requiring Congress to vote on important regulations, which aims to make legislation more detailed and accountability stronger.

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

Summary AI

The text outlines procedures for Congressional oversight of certain federal agency rules, defining terms like "major rule" and explaining how Congress can approve or disapprove these rules. It also specifies the roles of the Senate, the House of Representatives, and agencies, and details exemptions and judicial review related to these procedures.

Money References

  • “For purposes of this chapter: “(1) The term ‘Federal agency’ means— “(A) the Board of Governors of the Federal Reserve System; “(B) the Securities and Exchange Commission; “(C) the Commodity Futures Trading Commission; “(D) the Federal Deposit Insurance Corporation; “(E) the Bureau of Consumer Financial Protection; “(F) the Department of the Treasury, including the Office of the Comptroller of the Currency and the Financial Crimes Enforcement Network; or “(G) the National Credit Union Administration. “(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

Before a federal rule can take effect, the agency must provide detailed information to Congress, including analyses and reports, and have the rule reviewed and approved. Major rules need Congress's approval through a joint resolution, while the President can make certain rules temporarily effective in emergencies, and additional reviews may happen if a rule is reported just before Congress adjourns.

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 these resolutions should be introduced, debated, and voted on within specified time frames in both the House of Representatives and the Senate, ensuring expedited consideration without amendments.

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

Summary AI

Congress has outlined a procedure in Section 803 for disapproving nonmajor rules using joint resolutions. These resolutions must be introduced within a specific timeframe, go through committees, and follow special rules in the Senate for debate and voting, including limits on amendments and debate time.

804. Definitions Read Opens in new tab

Summary AI

For purposes of this chapter, the terms are defined as follows: "Federal agency" includes several major government bodies like the Federal Reserve and the Department of the Treasury; "major rule" is any rule that significantly impacts the economy or has major effects on various sectors or competition; "nonmajor rule" is any rule that isn't major; "rule" is broadly defined but excludes certain specific applications, internal agency subjects, or organizational practices; and "submission or publication date" relates to when Congress receives reports on these rules.

Money References

  • For purposes of this chapter: (1) The term “Federal agency” means— (A) the Board of Governors of the Federal Reserve System; (B) the Securities and Exchange Commission; (C) the Commodity Futures Trading Commission; (D) the Federal Deposit Insurance Corporation; (E) the Bureau of Consumer Financial Protection; (F) the Department of the Treasury, including the Office of the Comptroller of the Currency and the Financial Crimes Enforcement Network; or (G) the National Credit Union Administration. (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

The section explains that generally, decisions or actions under this chapter cannot be reviewed by a court. However, if a Federal agency has not met the required steps for a rule to be enacted, a court can review it. Additionally, approving a joint resolution doesn't change Congress's authority over rules or affect any legal claims about the rule.

806. Exemption for monetary policy Read Opens in new tab

Summary AI

The section states that the rules in this chapter do not apply to the monetary policy actions proposed or carried out by the Federal Reserve Board or the Federal Open Market Committee.

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

Summary AI

In this section, it is specified that certain regulatory rules about activities like hunting, fishing, or camping, and other non-major rules that agencies decide are urgent or impractical for public notice, can go into effect at a time determined by the agency responsible for the rule.

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

Summary AI

The section requires each agency to review at least 20% of its existing rules annually for five years after the law's enactment. If Congress does not approve these rules within 90 days of review, they will stop being valid; any rules not approved within five years will also expire and cease to be in effect.

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

Summary AI

In this section, the law is updated to state that any rule needing congressional approval, as described in section 802 of title 5 of the U.S. Code, will be considered effective unless Congress decides not to approve it. This rule affects the government's budget, including spending and revenue.

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

Summary AI

The Government Accountability Office (GAO) is tasked with conducting a study to find out how many rules and major rules are active and determine their total economic impact, as of the enactment date of this Act. The GAO must report the findings to Congress and make them available online within one year.

601. Criminal penalties Read Opens in new tab

Summary AI

The section introduces criminal penalties under the Right to Financial Privacy Act for any U.S. agency, department, or financial institution that knowingly obtains or discloses financial records in violation of the law, with fines up to $5,000, imprisonment for up to 5 years, or both. However, if a financial institution or its employees disclose financial records in good faith based on a government certificate or specific legal provisions, they are not subject to these penalties.

Money References

  • The Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.) is amended by inserting after section 1116 (12 U.S.C. 3416) 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

In this section, it states that any U.S. agency, department, or financial institution that knowingly obtains or discloses financial records unlawfully can be fined up to $5,000, face a prison sentence of up to 5 years, or both, and officers or employees involved will be dismissed upon conviction. However, financial institutions or their employees acting in good faith on official instructions or specific provisions will not 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 updates the penalties, establishing a minimum fine of $1,000 for each violation per day, as well as covering reasonable attorney fees and litigation costs, and including compensatory damages.

Money References

  • Section 1117(a) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3417(a)) 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 proposed amendment to the Right to Financial Privacy Act of 1978 introduces a section that allows individuals to use a writ of mandamus and other appropriate legal actions, such as equitable or declaratory relief, to ensure compliance with the procedures outlined in the Act.

1118A. Other relief Read Opens in new tab

Summary AI

In addition to other remedies provided in this title, this section states that a writ of mandamus and other appropriate relief, like equitable or declaratory relief, can be used to ensure compliance with the title's procedures.