[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4107 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4107
To amend title 31, United States Code, to establish the Civil Liberties
Protection Officer for the Financial Crimes Enforcement Network, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 14, 2023
Mr. Davidson introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend title 31, United States Code, to establish the Civil Liberties
Protection Officer for the Financial Crimes Enforcement Network, and
for other purposes.
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 ``Civil Liberties Protection Act of
2023''.
SEC. 2. CIVIL LIBERTIES PROTECTION OFFICER FOR THE FINANCIAL CRIMES
ENFORCEMENT NETWORK.
Section 301 of title 31, United States Code, is amended by adding
at the end the following:
``(h) Civil Liberties Protection Officer for the Financial Crimes
Enforcement Network.--
``(1) In general.--Within the Office of the Secretary of
the Treasury, there shall be a Civil Liberties Protection
Officer for the Financial Crimes Enforcement Network who
shall--
``(A) be designated by the Secretary of the
Treasury from among members of the Senior Executive
Service; and
``(B) report directly to and be supervised directly
by the Secretary of the Treasury or, if so assigned by
the Secretary, the Deputy Secretary of the Treasury.
``(2) Duties.--The Civil Liberties Protection Officer for
the Financial Crimes Enforcement Network shall--
``(A) ensure that protection of civil liberties and
privacy is appropriately incorporated in the activities
conducted by the Financial Crimes Enforcement Network;
``(B) oversee compliance by the Financial Crimes
Enforcement Network with requirements under the
Constitution and all laws, regulations, and
implementing guidelines relating to civil liberties and
privacy;
``(C) review and assess complaints and other
information indicating possible abuses of civil
liberties and privacy in the administration of the
programs and operations of the Financial Crimes
Enforcement Network and, as appropriate, refer such
complaints or information for investigation to the
Office of Audit and Investigations for the Financial
Crimes Enforcement Network;
``(D) ensure that the use by the Financial Crimes
Enforcement Network of technologies sustains, and does
not erode, privacy protections relating to the use,
collection, and disclosure of personal information;
``(E) ensure that personal information contained in
a system of records subject to section 552a of title 5
(commonly referred to as the `Privacy Act') is handled
by the Financial Crimes Enforcement Network in
compliance with that section;
``(F) conduct an annual privacy impact assessments
of the Financial Crimes Enforcement Network and provide
a report containing the findings to the Committee on
Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
``(G) perform such other duties relating directly
to protection of civil liberties and privacy by the
Financial Crimes Enforcement Network as may be
prescribed by the Secretary of the Treasury.
``(3) Coordination.--The Civil Liberties Protection Officer
for the Financial Crimes Enforcement Network shall keep the
following individuals appropriately informed of the Officer's
activities:
``(A) The Department of the Treasury's Chief
Privacy Officer (as described under section 522 of
division H of the Consolidated Appropriations Act, 2005
(42 U.S.C. 2000ee-2)).
``(B) The Department of the Treasury's Privacy and
Civil Liberties Officer (as designated pursuant to
section 1062 of the National Security Intelligence
Reform Act of 2004 (42 U.S.C. 2000ee-1)).''.
SEC. 3. INFORMATION FOR CONSTITUTIONAL FUNCTIONS OF CONGRESS.
(a) Keeping Congress Informed.--The Secretary of the Treasury shall
keep the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate fully and currently informed of the activities of
the Financial Crimes Enforcement Network, including any significant
anticipated activity of such Network.
(b) Report of Unlawful Activity and Corrective Action.--The
Secretary of the Treasury shall report promptly to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs any unlawful activity of the
Financial Crimes Enforcement Network and any corrective action taken or
planned to address that activity and prevent such activity in the
future.
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