Civil Liberties Protection Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 4107 To amend title 31, United States Code, to establish the Civil Liberties Protection Officer for the Financial Crimes Enforcement Network, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 14, 2023 Mr. DAVIDSON introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend title 31, United States Code, to establish the Civil Liberties Protection Officer for the Financial Crimes Enforcement Network, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Civil Liberties Protec- 4 tion Act of 2023’’. 5 VerDate Sep 11 2014 04:55 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4107.IH H4107 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 4107 IH SEC. 2. CIVIL LIBERTIES PROTECTION OFFICER FOR THE 1 FINANCIAL CRIMES ENFORCEMENT NET- 2 WORK. 3 Section 301 of title 31, United States Code, is 4 amended by adding at the end the following: 5 ‘‘(h) CIVIL LIBERTIES PROTECTION OFFICER FOR 6 THE FINANCIAL CRIMES ENFORCEMENT NETWORK.— 7 ‘‘(1) IN GENERAL.—Within the Office of the 8 Secretary of the Treasury, there shall be a Civil Lib- 9 erties Protection Officer for the Financial Crimes 10 Enforcement Network who shall— 11 ‘‘(A) be designated by the Secretary of the 12 Treasury from among members of the Senior 13 Executive Service; and 14 ‘‘(B) report directly to and be supervised 15 directly by the Secretary of the Treasury or, if 16 so assigned by the Secretary, the Deputy Sec- 17 retary of the Treasury. 18 ‘‘(2) DUTIES.—The Civil Liberties Protection 19 Officer for the Financial Crimes Enforcement Net- 20 work shall— 21 ‘‘(A) ensure that protection of civil liberties 22 and privacy is appropriately incorporated in the 23 activities conducted by the Financial Crimes 24 Enforcement Network; 25 VerDate Sep 11 2014 04:55 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4107.IH H4107 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 4107 IH ‘‘(B) oversee compliance by the Financial 1 Crimes Enforcement Network with require- 2 ments under the Constitution and all laws, reg- 3 ulations, and implementing guidelines relating 4 to civil liberties and privacy; 5 ‘‘(C) review and assess complaints and 6 other information indicating possible abuses of 7 civil liberties and privacy in the administration 8 of the programs and operations of the Financial 9 Crimes Enforcement Network and, as appro- 10 priate, refer such complaints or information for 11 investigation to the Office of Audit and Inves- 12 tigations for the Financial Crimes Enforcement 13 Network; 14 ‘‘(D) ensure that the use by the Financial 15 Crimes Enforcement Network of technologies 16 sustains, and does not erode, privacy protec- 17 tions relating to the use, collection, and disclo- 18 sure of personal information; 19 ‘‘(E) ensure that personal information con- 20 tained in a system of records subject to section 21 552a of title 5 (commonly referred to as the 22 ‘Privacy Act’) is handled by the Financial 23 Crimes Enforcement Network in compliance 24 with that section; 25 VerDate Sep 11 2014 04:55 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4107.IH H4107 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 4107 IH ‘‘(F) conduct an annual privacy impact as- 1 sessments of the Financial Crimes Enforcement 2 Network and provide a report containing the 3 findings to the Committee on Financial Services 4 of the House of Representatives and the Com- 5 mittee on Banking, Housing, and Urban Affairs 6 of the Senate; and 7 ‘‘(G) perform such other duties relating di- 8 rectly to protection of civil liberties and privacy 9 by the Financial Crimes Enforcement Network 10 as may be prescribed by the Secretary of the 11 Treasury. 12 ‘‘(3) COORDINATION.—The Civil Liberties Pro- 13 tection Officer for the Financial Crimes Enforce- 14 ment Network shall keep the following individuals 15 appropriately informed of the Officer’s activities: 16 ‘‘(A) The Department of the Treasury’s 17 Chief Privacy Officer (as described under sec- 18 tion 522 of division H of the Consolidated Ap- 19 propriations Act, 2005 (42 U.S.C. 2000ee–2)). 20 ‘‘(B) The Department of the Treasury’s 21 Privacy and Civil Liberties Officer (as des- 22 ignated pursuant to section 1062 of the Na- 23 tional Security Intelligence Reform Act of 2004 24 (42 U.S.C. 2000ee–1)).’’. 25 VerDate Sep 11 2014 04:55 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4107.IH H4107 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 4107 IH SEC. 3. INFORMATION FOR CONSTITUTIONAL FUNCTIONS 1 OF CONGRESS. 2 (a) KEEPING CONGRESS INFORMED.—The Secretary 3 of the Treasury shall keep the Committee on Financial 4 Services of the House of Representatives and the Com- 5 mittee on Banking, Housing, and Urban Affairs of the 6 Senate fully and currently informed of the activities of the 7 Financial Crimes Enforcement Network, including any 8 significant anticipated activity of such Network. 9 (b) REPORT OF UNLAWFUL ACTIVITY AND CORREC- 10 TIVE ACTION.—The Secretary of the Treasury shall report 11 promptly to the Committee on Financial Services of the 12 House of Representatives and the Committee on Banking, 13 Housing, and Urban Affairs any unlawful activity of the 14 Financial Crimes Enforcement Network and any correc- 15 tive action taken or planned to address that activity and 16 prevent such activity in the future. 17 Æ VerDate Sep 11 2014 04:55 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H4107.IH H4107 pbinns on DSKJLVW7X2PROD with $$_JOB