Mr. Chairman, I offer an amendment. Mr. Chairman, I would ask that half of my time be allocated to the gentleman from Massachusetts (Mr. Frank), the ranking member of the Committee on Financial Services. Mr. Chairman, I yield myself such…
Mr. Chairman, I offer an amendment.
Mr. Chairman, I would ask that half of my time be allocated to the gentleman from Massachusetts (Mr. Frank), the ranking member of the Committee on Financial Services.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I offer this amendment on behalf of myself and the ranking member of the Committee on Financial Services, as well as a respected member of the Committee on Appropriations, the gentleman from Arizona (Mr. Kolbe).
Our amendment will strike ill advised language adopted in the Committee on Appropriations that, if allowed to remain in the bill, would prevent the Treasury Department from enforcing regulations implementing customer identification provisions in the USA PATRIOT Act that are critically important to combating money laundering and disrupting the financing of terrorism.
I note at the outset that the Bush administration has issued a strongly worded statement of administration position opposing the language that the Oxley-Frank-Kolbe amendment would strike from this legislation.
My colleagues are going to hear a lot in today's debate about what whether one form of ID is better than another; but as the author of the USA PATRIOT Act's anti-terrorist financing provisions and as a former FBI, agent, let me set the record straight. Today's debate is not about good or bad ID. It is about whether we are going to ask financial services customers for any ID at all. My amendment says yes; and the bill, as currently constructed, says no.
By way of background, the regulations that the bill seeks to block were issued by the Treasury Department last year under section 326 of the USA PATRIOT Act, which I authored. That provision was intended to enhance the ability of financial institutions to detect and prevent money laundering and the financing of terrorism by requiring those institutions to develop comprehensive procedures for verifying customer identity at the time of account opening. Among other things, the provision requires financial institutions to consult lists of known or suspected terrorists or terrorist organizations when opening accounts for new customers.
In implementing section 326, the administration ultimately decided to give institutions the flexibility to tailor their customer identification programs to the risks of money laundering or terrorist financing posed by their products, services, and customer base. Consistent with this risk-based approach, the final regulations give financial institutions the discretion to determine which forms of identification issued by foreign governments they will accept and under what circumstances.
Make no mistake, the regulations do not mandate or require the acceptance of the matricula consular card. If financial institutions are concerned about their validity, they are free to reject the use of those cards as identification.
These regulations were finalized only after two lengthy public comment periods, which included extensive input from the financial services industry, law enforcement agencies, and a host of other interested parties, and after careful analysis and study by the Treasury Department and other financial regulators. The regulations, effective last year, are currently being enforced by Treasury and the Federal financial regulators and implemented by financial institutions across the country.
The so-called Culberson amendment throws into question the obligation of financial institutions to verify the identities of their customers and ties Treasury's hands in enforcing one of the centerpieces of the post-September
11 congressional response to the terrorist financing threat.
Indeed, when he appeared before our committee last month, 9/11 Commission Vice Chairman Lee Hamilton, a former distinguished colleague of ours, singled out section 326 for particular praise, calling it a ``significant tool to assist fast-moving terrorism investigations.''
Failure to adopt this amendment will result in this critical tool being taken from the Government's hands. I would suggest to my colleagues that now is not the time to be unilaterally disarming in the financial war against terrorists.
The Bush administration and the Treasury Department have registered their strong support for this amendment, arguing that denying access to the mainstream financial system serves only to drive consumers into the underground financial economy, making it virtually impossible to track their financial activity and frustrating the Government's efforts to enforce antimoney laundering and antiterrorist financing laws. In the words of Secretary Snow, if the section my amendment seeks to strike becomes law, ``it will be a step backwards in the financial war on terror.''
Let us be very serious and understand that that is what the PATRIOT Act is all about. This is an effort to repeal part of the PATRIOT Act that has worked so successfully in protecting American citizens.
Finally, let me express my frustration with this kind of back-door legislating in appropriations bills. This is simply not the way we should be operating in this House.
My colleagues have a simple choice before them: vote for our amendment and give our financial regulators the ability to track, seize, and freeze terrorist funds or vote against us and drive terrorist money laundering even further underground. The choice is clear.
Support our fight against the funding of terror. Support the Oxley- Frank-Kolbe amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 3 minutes to the gentleman from Arizona (Mr. Kolbe).
Mr. Chairman, I yield 3\1/2\ minutes to the gentleman from Alabama (Mr. Bachus), a subcommittee chairman of the Committee on Financial Services.
(Mr. BACHUS asked and was given permission to revise and extend his remarks.)
I yield to the gentleman from Massachusetts.
Mr. Chairman, will the gentleman yield?
I thank the gentleman for yielding. I think there has been a very broad misunderstanding about the destruction of those photographs and/or records. The law clearly requires that the financial institutions keep those documents for 5 years. That is not a change in policy. Treasury has recognized that for a number of years. The law has recognized that for a number of years. Financial institutions have recognized that for a number of years. It is simply not accurate to say that those records are destroyed immediately by the banks. They are required by law to keep those records for 5 years.
If the gentleman will continue to yield, let me just quote from the letter from the Department of Justice: ``The Justice Department supports the administration's determination to permit the acceptance of matricula consular cards by financial institutions under circumstances where financial institutions reasonably believe they can properly identify the new customer.''
That is from the letter of the Justice Department.
That letter was dated today. The Justice Department clearly supports the Oxley amendment.
Mr. Chairman, will the gentleman yield?
I thank my good friend from California for yielding.
Mr. Chairman, let me say, this bill was drafted in our committee. I was the lead sponsor of the legislation. We have fully determined the efficacy of using these matricula consular cards. By the way, it is not the only form of identification. As a matter of fact, matricula consular is not even mentioned in the statute, nor is it mentioned in the rules and regulations from Treasury Department.
I would invite the gentleman and the gentleman from Texas to introduce a bill and to have it referred to the appropriate committee, the Committee on Financial Services.
Mr. Chairman, I yield 1 minute to the gentleman from Arizona (Mr. Flake).
Mr. Chairman, I yield 1 minute to the gentleman from Alabama (Mr. Bachus).
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, for my part in closing, I first want to say it has been a pleasure to work with the gentleman from Massachusetts (Mr. Frank), my ranking member.
I do not think any of us take a back seat, I know I do not, in fighting terrorism. And our committee was in the thick of passing the PATRIOT Act, and one of the proudest moments I have had as chairman was the section 326 and what we did in the Act, and to see the President sign that was indeed a real honor.
This provision that we had is important in the fight on terrorism. And I regret some of the arguments that indicate otherwise because our committee had it right the first time, and what I regret, frankly, is the Committee on Appropriations stepping into an area that the authorizing committee has the knowledge and the expertise in.
I yield to the gentleman from Massachusetts.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, let me first commend the gentlewoman from New York (Mrs. Kelly) and the other cosponsors for this important legislation.
In late August, our committee held a hearing on the 9/11 Commission recommendations. We heard from the Homeland Security Department, we heard from the Justice Department and
the Treasury Department. A lead witness was our former colleague and good friend, Lee Hamilton from Indiana, who, as my colleagues know, was the vice chair of the 9/11 Commission, vice chair to Governor Kean of New Jersey.
In his testimony, Mr. Hamilton made it very clear that FinCEN not only plays an important logistical and strategic position in determining and finding terrorist financing, but that their desire for new technology and a need for new technology was very much appreciated by the commission. As a result of that testimony, the gentlewoman from New York (Mrs. Kelly), showing excellent leadership having had a number of oversight hearings on terrorist financing, and indeed the gentlewoman from New York (Mrs. Kelly) is one of the real experts in this Congress on terrorist financing, she felt it imperative to introduce this legislation that would provide another $25 million so FinCEN could provide this kind of information in real-time, working with some 70 other countries to locate, identify, in some cases freeze, or certainly try to recapture those amounts of funding by terrorist groups.
So I come to the floor not only as a cosponsor of the gentlewoman from New York's (Mrs. Kelly) amendment, but as chairman of the Committee on Financial Services to say that clearly Mr. Hamilton made the kind of point that all of us need to listen to. As we will begin our efforts in the Congress to adopt the 9/11 Commission report this month or early next month, this is a first opportunity we have in this vehicle, this appropriations measure to show that the Congress is serious about funding FinCEN with the kind of funding necessary for them to be fully implemented and fully up to speed in terms of technology. That is what this amendment is about, and I commend the gentlewoman.
Twenty-five million dollars in the overall scheme of things in an appropriation is not a lot of money, but FinCEN is not a large government bureaucracy. It is a very effective, relatively small group that does an excellent job.
So I stand here in strong support of the gentlewoman from New York's (Mrs. Kelly) amendment.