I 

117TH CONGRESS 

1ST SESSION H. R. 6328 

To require the Secretary of the Treasury to conduct a briefing with respect 

to the delegation of examination authority under the Bank Secrecy Act 

by the Secretary of the Treasury. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 20, 2021 

Mr. CLEAVER introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To require the Secretary of the Treasury to conduct a briefing with respect to the delegation of examination authority under the Bank Secrecy Act by the Secretary of 

the Treasury. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FinCEN Exam Dele5 gation Study’’. 


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1 SEC. 2. BRIEFING ON DELEGATION OF EXAMINATION AU2 THORITY UNDER THE BANK SECRECY ACT. 

3 (a) IN GENERAL.—Not later than one year after the 

4 date of the enactment of this Act, the Secretary of the 

5 Treasury shall, after consultation with State bank super6 visors, Federal financial regulators, and other relevant 

7 stakeholders, conduct a briefing for the Committee on Fi8 nancial Services of the House of Representatives and the 

9 Committee on Banking, Housing, and Urban Affairs of 

10 the Senate with respect to the delegation of examination 

11 authority under the Bank Secrecy Act by the Secretary 

12 of the Treasury. 

13 (b) CONTENTS.—The briefing conducted by the Sec14 retary of the Treasury pursuant to subsection (a) shall 

15 address— 

16 (1) the current status of the delegation of ex17 amination authority under the Bank Secrecy Act by 

18 the Secretary of the Treasury, including with respect 

19 to the mission of the Bank Secrecy Act; 

20 (2) how frequently, on average, agencies dele21 gated exam authority under the Bank Secrecy Act 

22 by the Secretary are able to examine entities for 

23 which they have delegated authorities; 

24 (3) whether agencies delegated examination au25 thority under the Bank Secrecy Act by the Secretary 


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1 of the Treasury have appropriate resources to per2 form such delegated responsibilities; and 

3 (4) whether the examiners within agencies dele4 gated examination authority under the Bank Secrecy 

5 Act by the Secretary of the Treasury have sufficient 

6 training and support to perform delegated respon7 sibilities. 

8 (c) DEFINITIONS.—In this section: 

9 (1) BANK SECRECY ACT.—The term ‘‘Bank Se10 crecy Act’’ means— 

11 (A) section 21 of the Federal Deposit In12 surance Act (12 U.S.C. 1829b); 

13 (B) section 123 of Public Law 91–508; 

14 and 

15 (C) subchapter II of chapter 53 of title 31, 

16 United States Code. 

17 (2) FEDERAL FINANCIAL REGULATORS.—The 

18 term ‘‘Federal financial regulators’’ means the 

19 Board of Governors of the Federal Reserve System, 

20 the Federal Deposit Insurance Corporation, the Na21 tional Credit Union Administration Board, the 

22 Comptroller of the Currency, the Commodity Fu23 tures Trading Commission, the Securities and Ex24 change Commission, and the Commissioner of the 

25 Internal Revenue Service. 


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1 (3) STATE BANK SUPERVISORS.—The term 

2 ‘‘State bank supervisors’’ has the meaning given the 

3 term in section 3 of the Federal Deposit Insurance 

4 Act (12 U.S.C. 1813). 

Æ 


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