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106TH CONGRESS
1ST SESSION
H. R. 517
To amend title 31, United States Code, to require the Financial Crimes
Enforcement Network established by the Secretary of the Treasury to
allow an individual to obtain a copy of any record maintained by the
Network pertaining to such person and to have corrections made to
such records, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 3, 1999
Mr. PAUL introduced the following bill; which was referred to the Committee
on Banking and Financial Services, and in addition to the Committee on
Government Reform, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend title 31, United States Code, to require the Finan-
cial Crimes Enforcement Network established by the Sec-
retary of the Treasury to allow an individual to obtain
a copy of any record maintained by the Network pertain-
ing to such person and to have corrections made to
such records, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘FinCen Public Ac-
countability Act’’.
SEC. 2. PUBLIC ACCOUNTABILITY OF THE FINANCIAL
CRIMES ENFORCEMENT NETWORK.
(a) IN GENERAL.—Subchapter II of chapter 53 of
title 31, United States Code, is amended by adding at the
end the following new section:
‘‘§ 5331. Public accountability for collected informa-
tion
‘‘(a) IN GENERAL.—Notwithstanding subsections (j)
and (k) of section 552a of title 5, the Financial Crimes
Enforcement Network shall be subject to such section
552a with regard to all records maintained by such entity,
other than information described in subparagraph (A),
(B), or (C) of subsection (j)(2) of such section.
‘‘(b) DEFINITIONS.—
‘‘(1) FINANCIAL CRIMES ENFORCEMENT NET-
WORK.—The term ‘Financial Crimes Enforcement
Network’ means the entity established by the Sec-
retary of the Treasury within the Department of the
Treasury which (as of the date of the enactment of
the FinCen Public Accountability Act) is known as
the Financial Crimes Enforcement Network.
‘‘(2) RECORD.—The term ‘record’ has the
meaning given to such term in section 552a(a)(4) of
title 5.
‘‘(c) LIMITATION ON AUTHORITY OF SECRETARY.—
The Secretary of the Treasury shall have no authority
under this title, title 5, or any other provision of law to
exempt the entity.
‘‘(d) AUTHORITY TO IMPOSE USER FEES.—The Sec-
retary of the Treasury may impose such fees on any Fed-
eral agency or department, or any agency or department
of any State or unit of general local government, which
accesses information from the Financial Crimes Enforce-
ment Network as the Secretary determines to be appro-
priate to recover any cost incurred pursuant to subsection
(a).’’.
(b) CLERICAL AMENDMENT.—The table of sections
for subchapter II of chapter 53 of title 31, United States
Code, is amended by inserting after the item relating to
section 5330 the following new item:
‘‘5331. Public accountability for collected information.’’.
(c) EFFECTIVE DATE.—The amendment made by
this section shall apply after the end of the 90-day period
beginning on the date of the enactment of this Act.
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