FinCEN Accountability Act of 2023

To provide for further congressional oversight of the Financial Crimes Enforcement Network (FinCEN), and for other purposes. 1. Short title This Act may be cited as the FinCEN Accountability Act of 2023 2. Transparency with controlling documents (a) Definition of controlling document As used in this section, the term controlling document (b) Disclosure to Congress The Secretary of the Treasury shall promptly provide to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate— (1) controlling documents in force as of the enactment of this Act; (2) any controlling documents issued thereafter; and (3) any changes to controlling documents described in paragraphs (1) and (2) made thereafter, including any revocations thereof. (c) Disclosure to the public The Secretary of the Treasury shall make available promptly to the public the controlling documents and changes that the Secretary is required to provide to the committees listed in subsection (b), excluding such reasonably segregable portions of controlling documents or changes as would fall within an exemption in section 552(b) of title 5, United States Code. 3. Transparency in rulemaking and secretarial exceptions (a) Reservation to the Secretary of authority To make exceptions No officer or employee of the Department of the Treasury, except the Secretary of the Treasury or the person performing the duties of the Secretary of the Treasury when that office is vacant or the Secretary is unable to perform the duties of that office, shall, with respect to a proposed or final rule relating to activities of the Financial Crimes Enforcement Network, including implementation of the Bank Secrecy Act— (1) make findings of good cause under subsection (b) or (d) of section 553 of title 5, United States Code; (2) exercise authority to certify, delay, or waive under section 605 or 608 of title 5, United States Code; or (3) make findings of good cause under section 808(2) of title 5, United States Code. (b) Covered agency status for regulatory flexibility Section 310 of title 31, United States Code, is amended by adding at the end thereof the following new subsection: (m) The Financial Crimes Enforcement Network shall be a covered agency . 4. Testimony by the Director of FinCEN Section 5336(c)(11)(A) of title 31, United States Code, is amended by striking 5 years 10 years 5. Bank Secrecy Act defined In this Act, the term Bank Secrecy Act (1) section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b (2) chapter 2 of title I of Public Law 91–508 12 U.S.C. 1951 et seq. (3) subchapter II of chapter 53

Summary: FinCEN Accountability Act of 2023 This bill requires the Department of the Treasury to disclose to Congress and to the public (with some exclusions) all controlling documents delegating authority to or providing direction to the Financial Crimes Enforcement Network (FinCEN). Such disclosure includes any controlling documents in force upon enactment, any controlling documents issued thereafter, and any changes to controlling documents. The bill also limits the authority of Treasury to make certain exceptions regarding proposed or final rules related to FinCEN to the person performing the duties of the Secretary.