Civil Liberties Protection Act of 2023

To amend title 31, United States Code, to establish the Civil Liberties Protection Officer for the Financial Crimes Enforcement Network, and for other purposes. 1. Short title This Act may be cited as the Civil Liberties Protection Act of 2023 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 (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 . 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.

Summary: Civil Liberties Protection Act of 2023This bill establishes the position of the Civil Liberties Protection Officer for the Financial Crimes Enforcement Network (FinCEN). The officer must (1) oversee FinCEN compliance with all laws, regulations, and implementing guidelines related to civil liberties and privacy; (2) review, assess, and refer, if appropriate, complaints and information indicating any abuses of civil liberties and privacy; and (3) conduct annual privacy impact assessments and report findings to Congress.  The bill also requires the Department of the Treasury to inform Congress of FinCEN activities, including unlawful activity and any corrective measures taken.