[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 758 Engrossed in House (EH)]
<DOC>
116th CONGRESS
1st Session
H. R. 758
_______________________________________________________________________
AN ACT
To provide a safe harbor for financial institutions that maintain a
customer account or customer transaction at the request of a Federal or
State law enforcement agency.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cooperate with Law Enforcement
Agencies and Watch Act of 2019''.
SEC. 2. SAFE HARBOR WITH RESPECT TO KEEP OPEN LETTERS.
(a) In General.--Subchapter II of chapter 53 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 5333. Safe harbor with respect to keep open letters
``(a) In General.--With respect to a customer account or customer
transaction of a financial institution, if a Federal, State, Tribal, or
local law enforcement agency requests, in writing, the financial
institution to keep such account or transaction open--
``(1) the financial institution shall not be liable under
this subchapter for maintaining such account or transaction
consistent with the parameters of the request; and
``(2) no Federal or State department or agency may take any
adverse supervisory action under this subchapter with respect
to the financial institution for maintaining such account or
transaction consistent with the parameters of the request.
``(b) Rule of Construction.--Nothing in this section may be
construed--
``(1) from preventing a Federal or State department or
agency from verifying the validity of a written request
described under subsection (a) with the Federal, State, Tribal,
or local law enforcement agency making the written request; or
``(2) to relieve a financial institution from complying
with any reporting requirements, including the reporting of
suspicious transactions under section 5318(g).
``(c) Letter Termination Date.--For purposes of this section, any
written request described under subsection (a) shall include a
termination date after which such request shall no longer apply.''.
(b) Clerical Amendment.--The table of contents for chapter 53 of
title 31, United States Code, is amended by inserting after the item
relating to section 5332 the following:
``5333. Safe harbor with respect to keep open letters.''.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives March 11, 2019.
Attest:
Clerk.
116th CONGRESS
1st Session
H. R. 758
_______________________________________________________________________
AN ACT
To provide a safe harbor for financial institutions that maintain a
customer account or customer transaction at the request of a Federal or
State law enforcement agency.