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 superhero for your family's money secrets, making sure big people need a special paper called a "warrant" to peek at your money things and stopping them from making a new kind of money that only they can control.
Summary AI
The Saving Privacy Act aims to strengthen the confidentiality of financial records under the Right to Financial Privacy Act of 1978 by requiring government authorities to obtain a warrant for access. It also eliminates the previously established Consolidated Audit Trail, prohibits the U.S. government from creating a central bank digital currency, and seeks increased scrutiny and accountability in federal regulations through congressional oversight. Additionally, the bill limits reporting requirements for third-party network transactions and protects the use of convertible virtual currencies for personal purchases.
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AnalysisAI
The proposed legislation seeks to amend the Right to Financial Privacy Act of 1978, aiming to protect the confidentiality of certain financial records. Known as the "Saving Privacy Act," it encompasses a wide range of reforms across various sectors. These include changes to bank privacy laws, amendments to existing financial regulations, and stipulations concerning virtual currencies. The bill emphasizes modifications to existing acts to increase privacy protections and regulate financial transactions more effectively.
General Summary of Significant Issues
One of the notable areas of the bill is the mandate to terminate the Consolidated Audit Trail within 30 days, without offering a replacement mechanism. This could potentially result in significant gaps in regulatory oversight. Furthermore, the bill explicitly prohibits the issuance of central bank digital currencies by federal entities, which may hinder innovation in digital finance sectors. Provisions related to virtual currencies could restrict federal agencies from implementing necessary future regulations, heightening compliance risks. Additionally, the repeal of reporting exceptions for third-party network transactions might impose substantial compliance burdens on smaller organizations.
The proposed adjustments to the Right to Financial Privacy Act entail significant changes without clear context, leading to potential ambiguities. The use of complex legal language adds to the confusion, making it challenging to interpret the bill without specialized knowledge. Moreover, the absence of clear criteria for determining budgetary effects related to federal rules could lead to inconsistent applications.
Broad Public Impact
The bill raises several issues that could broadly impact the public. By eliminating the Consolidated Audit Trail, there might be reduced transparency in financial transactions, potentially affecting confidence in the regulatory system. The prohibition on federal issuance of digital currencies may delay the development of a safer, government-backed digital currency system that could enhance financial inclusion.
On the positive side, the bill's emphasis on financial privacy may reassure individuals and organizations concerned about unauthorized access to personal financial information. However, the lack of clear communication and guidelines in the bill could result in public misunderstanding about their rights and obligations under the new financial regulations.
Impact on Specific Stakeholders
Specific stakeholders, such as financial institutions, may face challenges due to the proposed amendments. These changes could impose new compliance burdens and increase operational complexities, especially for smaller entities that lack the resources of larger financial organizations. Meanwhile, federal agencies could encounter limitations in their regulatory powers, potentially affecting their ability to safeguard financial systems against fraud and misuse.
Businesses involved in digital currency might benefit from a clearer legal environment that prevents unwarranted prohibitions. However, the absence of comprehensive regulatory frameworks could also encourage risky practices within the sector.
In conclusion, the proposed legislation contains provisions that could have widespread implications for both the public and specific sectors within the financial industry. While it aims to bolster financial privacy, it simultaneously raises concerns about regulatory clarity and oversight effectiveness. These issues highlight the need for careful consideration and possible revisions to ensure that the bill's implementation aligns with public and stakeholder interests.
Financial Assessment
The Saving Privacy Act introduces several financial references and implications that warrant careful consideration, particularly concerning their relationship with the bill's broader provisions and potential issues.
Changes to Reporting Requirements
The bill makes significant amendments to Section 6050W of the Internal Revenue Code related to reporting third-party network transactions. Specifically, the amendment requires reporting only if transactions exceed $20,000 and involve more than 200 instances. This change potentially reduces compliance burdens on businesses by limiting the instances that require reporting, which could be beneficial particularly for smaller third-party settlement organizations. However, as highlighted in the issues, repealing the modification of exceptions might introduce significant compliance burdens for such organizations if the former, more widespread reporting requirements are no longer in place. This could raise operational challenges and affect financial tracking accuracy.
Budgetary Implications and Major Rule Assessments
The bill defines a "major rule" as any rule likely to have an annual economic effect of $100 million or more or significantly impact costs, prices, competition, and other economic sectors. This threshold is critically important as it establishes when congressional oversight and approval should trigger for substantial regulatory changes. This specification aligns with the bill's aim to provide greater accountability in rule-making but could also create ambiguities in determining precise budgetary effects. The lack of specific mechanisms for evaluating these impacts, such as assessed through Section 503, can lead to inconsistencies when applying this framework across diverse agencies and situations.
Civil and Criminal Penalties
For violations of the Right to Financial Privacy Act, the bill mandates civil penalties of at least $1,000 per violation per day, plus attorney fees and litigation costs. Criminal penalties for unauthorized acquisition or disclosure of financial records can result in fines up to $5,000 and/or imprisonments not exceeding 5 years. These provisions emphasize the serious financial consequences connected with violations and aim to deter unauthorized access or dissemination of financial information. However, the language nuances like "good-faith reliance" are not extensively defined, potentially leading to varying interpretations and affecting how these penalties might be enforced.
Indexation of Thresholds
In Section 5325(a), the bill marks for annual adjustment the threshold amount of $3,000 by which financial agencies must comply with certain provisions according to changes in the Consumer Price Index. This indexation implies an acknowledgment of inflationary pressures, ensuring that the financial regulations adapt to economic conditions over time. Such ongoing adjustments could aid businesses and financial institutions in maintaining compliance without experiencing abrupt shifts due to outdated regulatory thresholds.
Overall, while the financial references within the Saving Privacy Act aim to strengthen the allocation and enforcement of financial privacy rules, they also introduce potential complications. The intertwining of detailed reporting requirements, penalty structures, and adjustable financial thresholds demands robust administrative mechanisms and careful implementation to ensure policy objectives are met without imposing undue burdens on relevant stakeholders.
Issues
The bill mandates the termination of the Consolidated Audit Trail within 30 days without providing an alternative solution or framework to replace its functions, potentially leading to significant regulatory oversight gaps and disruptions (Section 301).
Explicit prohibition on issuing central bank digital currency could limit the development of a government-backed digital currency that might promote financial inclusion and innovation, stymieing potential technological advancements and regulatory development (Section 401).
The language of 'No Federal agency head may prohibit or otherwise restrict...' related to virtual currencies could restrict federal agencies from implementing future necessary safeguards or restrictions, raising concerns about regulatory oversight and compliance risks (Section 802).
Repeal of modification of exceptions for reporting of third-party network transactions could create significant compliance burdens for third-party settlement organizations, particularly smaller entities, due to heightened reporting requirements (Section 701).
The proposed significant alterations to existing warrant requirements and exceptions under the Right to Financial Privacy Act lack context and clarity regarding the impact and intentions behind these repeals, potentially leading to various interpretations or misapplications (Sections 201 and 1102).
The bill uses vague language and complex legal terminology—such as 'good-faith reliance' and 'writ of mandamus'—which may create confusion and lead to variable interpretations, impacting transparency and legal clarity (Sections 1116A and 1118A).
The lack of specific mechanisms or criteria for determining budgetary effects of rules impacting budget authority, outlays, or receipts could lead to ambiguity in application and potential inconsistencies (Section 503).
The judicial review section, which disallows most judicial challenges, might raise concerns about accountability and checks and balances, limiting the ability for significant substantive oversight of agency actions (Section 805).
The bill introduces extensive changes and cross-references multiple existing laws without providing adequate context or summaries, resulting in potential confusion and difficulty in understanding the full implications (Various sections across Titles I, II, V).
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
The text outlines how Congress reviews and approves or disapproves rules made by federal agencies, splitting the rules into "major" and "nonmajor" categories based on their economic impact. It specifies procedures for Congress to approve major rules, distinguishes judicial review limitations, and notes exemptions, like monetary policy rules by the Federal Reserve, from this 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 outlines the process by which federal rules must be reviewed by Congress before they take effect. It requires agencies to submit a report containing various details about the rule, such as its purpose, economic impact, and compliance with procedural steps, and specifies that major rules require a joint resolution of approval from Congress to become effective.
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
The section explains that specific rules about activities like hunting, fishing, or camping, or rules that need quick action without public notice, can start whenever the relevant Federal agency decides.
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 is called the “Keep Your Coins Act,” which is the short title given to this specific part of the legislation.
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.