[Congressional Record Volume 168, Number 124 (Tuesday, July 26, 2022)]
[House]
[Pages H7126-H7127]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            TIMELY DELIVERY OF BANK SECRECY ACT REPORTS ACT

  Ms. WATERS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 7734) to amend title 31, United States Code, to require the 
timely production of reports to Congress under the Bank Secrecy Act, 
and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 7734

       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 ``Timely Delivery of Bank 
     Secrecy Act Reports Act''.

     SEC. 2. TIMELY PRODUCTION OF BANK SECRECY ACT REPORTS TO 
                   CONGRESS.

       Section 5319 of title 31, United States Code, is amended--
       (1) by striking ``The Secretary of the Treasury'' and 
     inserting the following:
       ``(a) In General.--The Secretary of the Treasury''; and
       (2) by adding at the end the following:
       ``(b) Timely Production of Reports to Congress.--
       ``(1) Production by the secretary.--Upon the request of the 
     congressional committees or subcommittees of appropriate 
     jurisdiction for any report filed under this subchapter, the 
     Secretary of the Treasury shall deliver the requested report 
     to the committee or subcommittee not later than 30 days after 
     such request is made.
       ``(2) Production by a financial institution pursuant to a 
     subpoena.--Upon subpoena by the congressional committees or 
     subcommittees of appropriate jurisdiction, a financial 
     institution shall deliver a report filed under this 
     subchapter by the financial institution, and any information 
     on which such report is based, to the committee or 
     subcommittee not later than the return date specified for 
     such report in the subpoena.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Waters) and the gentlewoman from Missouri (Mrs. Wagner) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.

                              {time}  1715


                             General Leave

  Ms. WATERS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on this legislation and to insert extraneous material thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. WATERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, suspicious activity reports and other materials, 
collectively known as ``BSA reports,'' are held by Treasury's Financial 
Crimes Enforcement Network, or FinCEN, and can be critical to 
congressional investigations. For example, this committee has requested 
documents related to our ongoing investigation into the flow of illicit 
funds from the former Soviet states into the United States.
  There is a long history of cooperation on the proper exchange of 
these records, but in response to a recent Treasury-initiated reversal 
of decades-long practice, I have found it necessary to introduce this 
bill, H.R. 7734.
  Unfortunately, Treasury has severely restricted congressional access 
to suspicious activity reports, or SARs, by requiring congressional 
staff to review all material in a reading room, prohibiting the copying 
of materials, and restricting information collection to notetaking 
alone. These limitations are not placed upon the Federal, State, and 
local agencies that have been granted access to review SARs.
  Treasury has no statutory basis for imposing restrictions on 
congressional authority to obtain SARs. Neither legislative language, 
statutory provision, nor case law prohibits government personnel or the 
financial institutions from providing these materials to Congress.
  I am very concerned that these restrictions and similar alternatives 
offered by Treasury will severely impede effective congressional 
oversight and investigations. In response to my committee's recent 
request to review SARs related to the flow of illicit funds from former 
Soviet states into the United States, FinCEN has informed the committee 
that it is withholding thousands of pages of responsive documents 
containing technical, detailed information about multiple transactions 
involving numerous parties. Given the restrictions imposed by Treasury, 
it is not possible for my staff to effectively capture and analyze 
needed information in such complex documents. It will be even more 
difficult for Members to review such materials.
  Treasury's refusal to produce the documents in the manner requested 
has severely obstructed the committee's investigation of this important 
matter. To ensure that Congress can conduct effective oversight moving 
forward, I have introduced this bill, and I am pleased to say that it 
passed our committee on a bipartisan basis.
  H.R. 7734 requires the Secretary of the Treasury to deliver BSA 
reports to a congressional committee or subcommittee of appropriate 
jurisdiction within 30 days of its request for such documents. The bill 
further requires a financial institution to deliver BSA reports by the 
return date specified in a subpoena issued by a committee or 
subcommittee of appropriate jurisdiction.
  I urge my colleagues to support this bill to ensure that Congress can 
obtain access to BSA reports without cumbersome restrictions and can do 
so in a timely manner to support its investigatory work.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. WAGNER. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 7734, which increases transparency and 
restores a strong record of cooperation with the Treasury Department.
  H.R. 7734 would require prompt delivery of certain Bank Secrecy Act 
reports to the committees of Congress that rely on those records for 
oversight and legislative work.

[[Page H7127]]

  Under Secretary Yellen, the Treasury Department has taken an 
unprecedented position that Congress cannot have access to Bank Secrecy 
Act reports. This should concern all of us on both sides of the aisle.
  For the last 20 years, FinCEN has provided BSA reports to the 
appropriate committees of Congress without delay. FinCEN must 
understand that this is not a partisan matter.
  I look forward to continuing to work with my Democratic colleagues to 
promote accountability at Treasury and to restore Article I oversight 
authority.
  I support this bill, and I urge my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Ms. WATERS. Mr. Speaker, I have no further speakers, and I reserve 
the balance of my time.
  Mrs. WAGNER. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman 
from Tennessee (Mr. Rose), my colleague on the Financial Services 
Committee.
  Mr. ROSE. Mr. Speaker, I thank the gentlewoman for yielding time this 
evening.
  Mr. Speaker, I rise in opposition to H.R. 7734, which would require 
the Treasury Secretary, upon the request of Congress, to deliver Bank 
Secrecy Act, or BSA, reports within 30 days to congressional staff.
  Additionally, it would create a similar requirement for financial 
institutions to share BSA filings with Congress.
  Currently, SARs, or suspicious activity reports, may be viewed by 
congressional staff in a reading room at Treasury. Due to the sensitive 
nature of these reports, congressional staff are prohibited from 
copying the materials and taking them away from Treasury or FinCEN.
  There have been several high-profile leaks of SARs over the past few 
years. In one instance, a FinCEN employee, who was later sentenced to 6 
months in prison, leaked thousands of SARs to BuzzFeed News.
  This legislation would increase the number of individuals who have 
access to hard copies of these reports and will lead to more leaks, I 
fear, of sensitive information.
  Having served on a community bank board, I know how subjective SARs 
can be, and I fear that this information will put our entire system in 
jeopardy.
  Mr. Speaker, I urge my colleagues to oppose this legislation.
  Mrs. WAGNER. Mr. Speaker, I urge my colleagues to support H.R. 7734, 
and I yield back the balance of my time.
  Ms. WATERS. Mr. Speaker, I yield myself the balance of my time.
  Treasury's refusal to give Congress reasonable access to SARs is 
severely impeding our ability to effectively make use of the materials 
to conduct investigations.
  Treasury has no statutory basis for imposing such restrictions and 
has offered no rationale for changing the current practice, which has 
been in place for over 20 years.
  H.R. 7734 clarifies the existing statutory authority of Congress and 
ensures that Congress continues to obtain timely access to BSA reports 
without restrictions.
  Mr. Speaker, I urge my colleagues to support this bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Waters) that the House suspend the 
rules and pass the bill, H.R. 7734, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CLYDE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________