[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 58 Introduced in House (IH)]






108th CONGRESS
  1st Session
H. J. RES. 58

   Disapproving the rules submitted by the Secretary of the Treasury 
relating to section 326(a) of the Uniting and Strengthening America by 
    Providing Appropriate Tools Required to Intercept and Obstruct 
                Terrorism (USA PATRIOT ACT) Act of 2001.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2003

   Mr. Tancredo introduced the following joint resolution; which was 
            referred to the Committee on Financial Services

_______________________________________________________________________

                            JOINT RESOLUTION


 
   Disapproving the rules submitted by the Secretary of the Treasury 
relating to section 326(a) of the Uniting and Strengthening America by 
    Providing Appropriate Tools Required to Intercept and Obstruct 
                Terrorism (USA PATRIOT ACT) Act of 2001.

Whereas section 326(a) of the Uniting and Strengthening America by Providing 
        Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 
        PATRIOT ACT) Act of 2001 amended section 5318 of title 31, United States 
        Code, to require the Secretary of the Treasury to draft regulations 
        that, at a minimum, required financial institutions to implement 
        procedures for verifying the identity of any person seeking to open an 
        account, to the extent reasonable and practicable;
Whereas the Secretary of the Treasury issued final rules pursuant to that 
        provision on April 30, 2003;
Whereas such rules, as promulgated, permit financial institutions to accept 
        certain unverifiable forms of identification from ``non-United States 
        persons'' in direct violation of the clear intent of Congress as 
        expressed in section 326(a) of the USA PATRIOT Act;
Whereas there is abundant evidence of the non-verifiable and unreliable nature 
        of identification documents issued by foreign governments to foreign 
        nationals residing within the United States, including the ``Matricula 
        Consular'' card issued by the Government of Mexico;
Whereas the Government of Mexico has acknowledged that there is no civil or 
        criminal penalty for making false statements in its application for the 
        ``Matricula Consular'' card;
Whereas many additional foreign governments will undoubtedly follow the example 
        of Mexico if the United States Government gives formal sanction to the 
        use of Mexico's ``Matricula Consular'' identification cards; and
Whereas a massive number of unverifiable documents being used by foreign 
        nationals within the United States poses a national security threat 
        through a potential vast expansion of bank accounts used for the 
        transfer of money abroad: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress disapproves the 
rules submitted by the Secretary of the Treasury relating to section 
5318(l) of title 31, United States Code, as amended by section 326(a) 
of the Uniting and Strengthening America by Providing Appropriate Tools 
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 
2001, and such rule shall have no force or effect.
                                 <all>