Bank Privacy Reform Act
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Rep. Rose, John W. [R-TN-6]
ID: R000612
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Bill Summary
(sighing) Oh joy, another legislative abomination masquerading as reform. Let's dissect this Bank Privacy Reform Act, shall we?
**Main Purpose & Objectives** The bill's stated purpose is to "make reforms" to the Bank Secrecy Act (BSA). How quaint. In reality, it's a thinly veiled attempt to gut existing regulations and create loopholes for financial institutions to exploit.
**Key Provisions & Changes to Existing Law** This monstrosity amends the Right to Financial Privacy Act of 1978 and Title 31 of the US Code, effectively neutering government authorities' ability to access customer records without a search warrant. It also eliminates or modifies various sections related to financial record-keeping, reporting requirements, and penalties for non-compliance.
The most egregious changes include:
* Striking sections that required financial institutions to maintain certain records and report suspicious transactions. * Redefining "nonfinancial trade or business" to exclude entities that should be subject to BSA regulations. * Increasing the threshold for reporting cash transactions from $3,000 to an annually adjusted amount based on the Consumer Price Index.
**Affected Parties & Stakeholders** The usual suspects: financial institutions, their lobbyists, and the politicians who cater to them. The bill's sponsors, Mr. Rose and Mr. Ogles, are no doubt recipients of generous campaign contributions from these interests.
**Potential Impact & Implications** This bill is a recipe for disaster:
* It will embolden money launderers, terrorist financiers, and other nefarious actors to exploit the financial system. * Financial institutions will be free to ignore reporting requirements, allowing illicit activities to go undetected. * The lack of transparency and accountability will lead to increased corruption and abuse.
In short, this bill is a masterclass in legislative malpractice. It's a cynical attempt to serve special interests at the expense of national security, financial stability, and the public trust. Bravo, Congress. You've managed to create a bill that's both a joke and a menace. (shaking head)
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đ° Campaign Finance Network
Rep. Rose, John W. [R-TN-6]
Congress 119 ⢠2024 Election Cycle
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Project 2025 Policy Matches
This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.
Introduction
â 715 â Department of the Treasury 67. On banks, credit unions, broker-dealers, and other financial institutions as normally understood, but note that 31 U.S. Code §5312(a)(2) also defines âfinancial institutionsâ to include money service businesses; insurance companies; jewelers; pawnbrokers; travel agencies; dealers in automobiles, airplanes, and boats; persons involved in real estate closings and settlements; casinos; and telegraph companies. 68. David R. Burton, âThe Corporate Transparency Act and the ILLICIT CASH Act,â Heritage Foundation Backgrounder No. 3449, November 7, 2019, https://www.heritage.org/sites/default/files/2019-11/BG3449_0. pdf, and David R. Burton to AnnaLou Tirol, Financial Crimes Enforcement Network, âRe: Beneficial Ownership Information Reporting Requirements,â Comment, May 5, 2021 http://thf_media.s3.amazonaws.com/2022/ Regulatory_Comments/FINCEN-2021-0005-0132_attachment_1.pdf (accessed March 19, 2023). 69. Burton comment, ibid. 70. Federal Register, Vol. 87, No. 189, September 30, 2022, pp. 59498â59596. 71. U.S. Department of the Treasury, Fiscal Year 2022â2026 Strategic Plan. 72. Ibid. 73. United Nations, âParis Agreement,â 2015, https://unfccc.int/files/essential_background/convention/ application/pdf/english_paris_agreement.pdf (accessed March 20, 2023). 74. United Nations, âUnited Nations Framework Convention on Climate Change,â GE.5â62220, 1992, https://unfccc. int/resource/docs/convkp/conveng.pdf (accessed March 20, 2023). 75. âWhat Is ESG?â ESG Hurts, https://esghurts.com/ (accessed March 22, 2023), and Samuel Gregg, âWhy Business Should Dispense with ESG,â American Institute for Economic Research, December 4, 2022, https:// www.aier.org/article/why-business-should-dispense-with-esg/ (accessed March 22, 2023). 76. PRI Association, âWhat are the Principles for Responsible Investment?â https://www.unpri.org/about-us/ what-are-the-principles-for-responsible-investment (accessed March 22, 2023). The PRI Association is a U.N.- affiliated non-governmental organization. See also PRI Association, âArticles of Association of PRI Association,â Art. 9, November 14, 2016, https://d8g8t13e9vf2o.cloudfront.net/Uploads/g/e/r/2016-11-14-Articles-of- Association-of-PRI-Association-.pdf (accessed March 22, 2023). â 717 â 23 EXPORTâIMPORT BANK THE EXPORTâIMPORT BANK SHOULD BE ABOLISHED Veronique de Rugy The ExportâImport Bank of the United States (EXIM or the Bank) is a federal agency that was established in 1934 to provide export subsidies through tax- payer-backed financing to private exporting corporations, as well as to foreign companies buying U.S. exports, with the ostensible purpose of promoting American exports, creating jobs, supporting small businesses, improving U.S. competitive- ness, and protecting U.S. taxpayers. In 1986, David Stockman, who served as Director of the Office of Management and Budget under President Ronald Reagan, wrote that: Export subsidies are a mercantilist illusion, based on the illogical proposition that a nation can raise its employment and GNP by giving away its goods for less than what it costs to make them.⌠Export subsidies subtract from GNP and jobs, not expand themâŚ. Moreover, in 1981, the EXIMâs practice was to bestow about two thirds of its subsidies on a handful of giant manufacturers, including Boeing aircraft, General Electric, and Westinghouse.1 Since then, very little has changed. EXIM operates in effect as a protectionist agency that picks winners and losers in the market by providing political privi- leges to firms that are already well-financed. By doing so, it risks taxpayer funds as it stymies economic growth. This reality is not altered by the argument that the Bank could be a weapon to fight Chinaâan argument that rests on a misguided
Introduction
â 715 â Department of the Treasury 67. On banks, credit unions, broker-dealers, and other financial institutions as normally understood, but note that 31 U.S. Code §5312(a)(2) also defines âfinancial institutionsâ to include money service businesses; insurance companies; jewelers; pawnbrokers; travel agencies; dealers in automobiles, airplanes, and boats; persons involved in real estate closings and settlements; casinos; and telegraph companies. 68. David R. Burton, âThe Corporate Transparency Act and the ILLICIT CASH Act,â Heritage Foundation Backgrounder No. 3449, November 7, 2019, https://www.heritage.org/sites/default/files/2019-11/BG3449_0. pdf, and David R. Burton to AnnaLou Tirol, Financial Crimes Enforcement Network, âRe: Beneficial Ownership Information Reporting Requirements,â Comment, May 5, 2021 http://thf_media.s3.amazonaws.com/2022/ Regulatory_Comments/FINCEN-2021-0005-0132_attachment_1.pdf (accessed March 19, 2023). 69. Burton comment, ibid. 70. Federal Register, Vol. 87, No. 189, September 30, 2022, pp. 59498â59596. 71. U.S. Department of the Treasury, Fiscal Year 2022â2026 Strategic Plan. 72. Ibid. 73. United Nations, âParis Agreement,â 2015, https://unfccc.int/files/essential_background/convention/ application/pdf/english_paris_agreement.pdf (accessed March 20, 2023). 74. United Nations, âUnited Nations Framework Convention on Climate Change,â GE.5â62220, 1992, https://unfccc. int/resource/docs/convkp/conveng.pdf (accessed March 20, 2023). 75. âWhat Is ESG?â ESG Hurts, https://esghurts.com/ (accessed March 22, 2023), and Samuel Gregg, âWhy Business Should Dispense with ESG,â American Institute for Economic Research, December 4, 2022, https:// www.aier.org/article/why-business-should-dispense-with-esg/ (accessed March 22, 2023). 76. PRI Association, âWhat are the Principles for Responsible Investment?â https://www.unpri.org/about-us/ what-are-the-principles-for-responsible-investment (accessed March 22, 2023). The PRI Association is a U.N.- affiliated non-governmental organization. See also PRI Association, âArticles of Association of PRI Association,â Art. 9, November 14, 2016, https://d8g8t13e9vf2o.cloudfront.net/Uploads/g/e/r/2016-11-14-Articles-of- Association-of-PRI-Association-.pdf (accessed March 22, 2023).
Introduction
â 837 â Financial Regulatory Agencies l Require the SEC and the CFTC to publish a detailed annual report on SRO supervision. AUTHORâS NOTE: The preparation of this chapter was a collective enterprise of individuals involved in the 2025 Presidential Transition Project. All contributors to this chapter are listed at the front of this volume, but Paul Atkins, C. Wallace DeWitt, Christopher Iacovella, Brian Knight, Chelsea Pizzola, and Andrew Vollmer deserve special mention. The author alone assumes responsibility for the content of this chapter, and no views expressed herein should be attributed to any other individual. CONSUMER FINANCIAL PROTECTION BUREAU Robert Bowes The Consumer Financial Protection Bureau (CFPB) was authorized in 2010 by the DoddâFrank Act.32 Since the Bureauâs inception, its status as an âinde- pendentâ agency with no congressional oversight has been questioned in multiple court cases, and the agency has been assailed by critics33 as a shakedown mecha- nism to provide unaccountable funding to leftist nonprofits politically aligned with those who spearheaded its creation. In 2015, for example, Investorâs Business Daily accused the CFPB of âdiverting potentially millions of dollars in settlement payments for alleged victims of lending bias to a slush fund for poverty groups tied to the Democratic Partyâ and plan- ning âto create a so-called Civil Penalty Fund from its own shakedown operations targeting financial institutionsâ that would use âramped-up (and trumped-up) anti-discrimination lawsuits and investigationsâ to âbankroll some 60 liberal non- profits, many of whom are radical Acorn-style pressure groups.â34 The CFPB has a fiscal year (FY) 2023 budget of $653.2 million35 and 1,635 full- time equivalent (FTE) employees.36 From FY 2012 through FY 2020, it imposed approximately $1.25 billion in civil money penalties;37 in FY 2022, it imposed approximately $172.5 million in civil money penalties.38 These penalties are imposed by the CFPB Civil Penalty Fund, described as âa victims relief fund, into which the CFPB deposits civil penalties it collects in judicial and administrative actions under Federal consumer financial laws.â39 The CFPB is headed by a single Director who is appointed by the President to a five-year term.40 Its organizational structure includes five divisions: Operations; Consumer Education and External Affairs; Legal; Supervision, Enforcement and Fair Lending; and Research, Monitoring and Regulations.41 Each of these divisions reports to the Office of the Director, except for the Operations Division, which reports to the Deputy Director. Passage of Title X of DoddâFrank was a bid to placate concern over a series of regulatory failures identified in the wake of the 2008 financial crisis. The law imported a new superstructure of federal regulation over consumer finance and â 838 â Mandate for Leadership: The Conservative Promise mortgage lending and servicing industries traditionally regulated by state bank- ing regulators. Consumer protection responsibilities previously handled by the Office of the Comptroller of the Currency, Office of Thrift Supervision, Federal Deposit Insurance Corporation, Federal Reserve, National Credit Union Admin- istration, and Federal Trade Commission were transferred to and consolidated in the CFPB, which issues rules, orders, and guidance to implement federal consumer financial law. The CFPB collects fines from the private sector that are put into the Civil Pen- alty Fund.42 The fund serves two ostensible purposes: to compensate the victims whom the CFPB perceives to be harmed and to underwrite âconsumer educationâ and âfinancial literacyâ programs.43 How the Civil Penalty Fund is spent is at the discretion of the CFPB Director. The CFPB has been unclear as to how it decides what âconsumer educationâ or âfinancial literacy programsâ to fund.44 As noted, critics have charged that money from the Civil Penalty Fund has ended up in the pockets of leftist activist organizations. In Seila Law LLC v. Consumer Financial Protection Bureau,45 the Supreme Court of the United States held that the CFPBâs leadership by a single individual remov- able only for inefficiency, neglect, or malfeasance violated constitutional separation of powers requirements because â[t]he Constitution requires that such officials remain dependent on the President, who in turn is accountable to the people.â46 The CFPB Director is thus subject to removal by the President. The CFPB is not subject to congressional oversight, and its funding is not determined by elected lawmakers in Congress as part of the typical congressional appropriations process. It receives its funding from the Federal Reserve, which is itself funded outside the appropriations process through bank assessments. CFPB funding represents 12 percent of the total operating expenses of the Fed- eral Reserve and is disbursed by the unelected Board of Governors of the Federal Reserve System.47 This is not the case with respect to any other federal agency. On October 19, 2022, in Community Financial Services Association of America v. Consumer Financial Protection Bureau, the U.S. Court of Appeals for the Fifth Circuit held that the CFPBâs âperpetual insulation from Congressâs appropriations power, including the express exemption from congressional review of its funding, renders the Bureau âno longer dependent and, as a result, no longer accountableâ to Congress and, ultimately, to the peopleâ48 and that â[b]y abandoning its âmost complete and effectualâ check on âthe overgrown prerogatives of the other branches of the governmentââindeed, by enabling them in the Bureauâs caseâCongress ran afoul of the separation of powers embodied in the Appropriations Clause.â49 The Court further remarked that the CFPBâs âcapacious portfolio of authority acts âas a mini legislature, prosecutor, and court, responsible for creating substantive rules for a wide swath of industries, prosecuting violations, and levying knee-buckling penalties against private citizens.ââ50
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About These Correlations
Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.