Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5341) to amend section 5313 of title 31, United States Code, to reform certain requirements for reporting cash transactions, and for other purposes, as amended. Mr. Speaker,…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5341) to amend section 5313 of title 31, United States Code, to reform certain requirements for reporting cash transactions, and for other purposes, as amended.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, for some 14 years the Congress of the United States has known and identified a problem, and that is the number of currency transaction reports required by the Bank Secrecy Act.
The Internal Revenue Service, which administers this program, as early as 1993 made this statement. It said that 30 to 40 percent of these reports, and I quote, of routine deposits by large, well- established retail businesses have no likelihood of identifying potential money laundering or other currency violations.
The GAO in 1994 published a report which says, our analysis of CTR filing confirms that the volume of CTRs could be substantially reduced without jeopardizing law enforcement needs.
The GAO, the Internal Revenue, FinCEN, have all recommended that what we do to reduce the number of CTRs by 30 to 40 percent is simply to exempt large well-established customers, what are so-called ``seasoned customers.''
In fact, I want to read into the Record and introduce into the Record a report by William Fox, who headed up FinCEN, the government's top law enforcement agency charged with coordinating money laundering and terrorist financing activities.
Here is what he said: ``We know that some of the currency transaction reports filed by financial institutions are of little relevance in the investigation of financial crimes. We also know that depository institutions, especially our community banks, identify the time and expense of filing CTRs as the number one regulatory expense. It is clear that our efforts to encourage the exemption of routine filings on certain customers has not brought about the reductions of filings that were sought.''
Working with William Fox, members of this committee, Mr. Frank, Mrs. Maloney, myself, Mr. Hensarling, Mr. Moore, Ms. Hooley, and several others, we actually fashioned legislation which we introduced and have passed out of this House on two different occasions over the past year. That legislation has died or was not acted on in the Senate. In the last case, it was simply because it was included in part of the reg relief bill.
So the purpose of this legislation is to break it out, isolate it into specific legislation dealing with that and nothing else, and send it over to the other body in hopes that they will save our financial institutions from what the GAO in 1994 said was a cost of up to $15 per report, maybe as little as $3, but as much as $15, and save our law enforcement agencies $2 to $3 per report, an overall savings of tens of millions of dollars which will allow law enforcement and our financial institutions to concentrate on the bad guys, not well-established routine business transactions by their customers.
Mr. Speaker, at this time I reserve the balance of my time.
Mr. Speaker, I would like to inquire as to how much time remains.
Mr. Speaker, last September, William Fox, at that time head of FinCEN, made this statement at a hearing before the Financial Services Committee. He said: ``The Congress has in the past recognized the need to reduce the number of currency transaction reports that may not have a high degree of usefulness to law enforcement and ordered us to find a way to do so.''
As a result of that hearing, Chairman Oxley, the chairman of the full committee, made as a priority the committee working in a bipartisan way to find a way, working with law enforcement, to reduce the number of CTRs. It was a result of that hearing and numerous statements by both law enforcement, by financial regulators, by financial institutions, and by Members of Congress in both bodies to work out a solution to this long-existing problem. So I would like to commend Chairman Oxley.
As a result of those hearings, there was introduced 3505, the Financial Services Regulatory Relief Act, by Congressman Renzi and Mrs. Maloney, who of course just spoke on this bill. They included a provision that was specifically drafted by Mr. Frank, Mrs. Maloney, Mr. Hensarling and Mr. Moore, which included a seasoned customer exemption. We passed 3505 out of this body by a vote of 415-2 back in March.
More recently, the bill before us, 5341, which has 22 bipartisan supporters on the Financial Services Committee, passed the Financial Services Committee on a unanimous vote, and H.R. 5341 seeks to reduce the regulatory burden caused by the Bank Secrecy Act. Specifically, the legislation requires that the regulators promulgate new regulations and streamline the process by which financial institutions may be exempted from filing CTRs for seasoned customers.
CTRs are required to be filed for cash transactions of $10,000 or more. This filing is required even in the case of seasoned customers who are long-time bank customers that routinely file large volumes of cash and whose business dealings are well known and understood by the institution to the extent to rule out the possibility of money laundering or the financing of terror. Unfortunately, the current process by which a financial institution seeks an exemption under such a scenario is both cumbersome, hard to understand, and requires annual renewals.
Mr. Speaker, at this time I would like to recognize the gentleman from Texas (Mr. Hensarling), who helped draft this legislation and the original legislation which was included in H.R. 3505, for such time as he may consume.
Mr. Speaker, in conclusion, I simply want to say to the Members who may be listening to this discussion, what we are talking about here is a restaurant, a movie theater, a corner drugstore, a retail establishment. These are businesses that have been in the community for years and years. As a matter of course, every week, sometimes every day, they file large sums of cash.
The very idea that we would impose, as we did in the Bank Safety Act, a requirement that the banks, every time this happens, file a report. As FinCEN estimated last year, it takes 25 minutes to prepare these reports, to review them, to catalog them and to file them. Then it takes the FBI or others, IRS, who administers this program, 5 to 6 minutes. So you are talking about, for the average small bank in a medium-sized town, as Mr. Hensarling said, you are talking about hundreds of hours of wages, not to speak of the time.
As we have been hearing for 10 or 12 years, these reports have absolutely no usefulness in identifying money laundering, serious financial crimes, terrorist financing. It is past time that this Congress lifts what is a multimillion dollar burden on our financial institutions and, at the same time, allows law enforcement, directs law enforcement, in fact, to go after the bad guys. Focus attention on those nonroutine, nonstandard transactions.
Remember, the banks still must require, any time something is out of the ordinary to the routine, causes any type of questions, they actually have rules and regulations where they are required, in those cases, even if it is an established customer, if it is an out-of-the- ordinary transaction or raises suspicion, they have to file a report. That is the purpose of this legislation, to streamline that process.
Mr. Speaker, in closing, for the record, I would like to introduce the September 2005 testimony of William J. Fox, Director of the Financial Crimes Enforcement Network at the United States Department of Treasury.
Statement of William J. Fox, Director, Financial Crimes Enforcement
Network, United States Department of the Treasury
Chairman Bachus, Ranking Member Sanders and distinguished
members of the Subcommittee, I appreciate the opportunity to
appear before you today to discuss your efforts to balance
the burdens imposed on the financial industry by the
requirements of the Bank Secrecy Act of 1970, specifically,
providing the government with highly relevant information
that assists law enforcement in making our financial system
more transparent and our country safer. I am the Director of
the Financial Crimes Enforcement Network, which has been
delegated the responsibility by the Secretary of the Treasury
to administer the Bank Secrecy Act. The Financial Crimes
Enforcement Network is part of Treasury's new Office of
Terrorism and Financial Intelligence, led by Under Secretary
Stuart Levey. The creation of this office has greatly
enhanced Treasury's efforts and accomplishments on issues
relating to money laundering, terrorist financing and other
financial crime.
As the administrator of the Bank Secrecy Act, we bear
responsibility for ensuring that the Bank Secrecy Act is
implemented in a way that achieves the policy aim intended by
the Congress, which is, simply stated, to safeguard the
United States financial system from the abuses of financial
crime, including money laundering and terrorist or other
illicit financing. This is a day-to-day challenge in a
financial system where we generally promote the unfettered,
free-flow of commerce and where criminals strive to
manipulate the system with the same ingenuity and
sophistication of the very best in the industry.
Ensuring that we strike the right balance between the cost
and benefit of this regulatory regime is, in my view, a
central responsibility for my agency. While I do not believe
this cost/benefit analysis can be reduced to a mathematical
formula, I believe we must constantly study how we can more
effectively tailor this regime to minimize the costs and
other burdens imposed on our financial institutions while at
the same time ensuring that the law enforcement community
receives the information it needs to combat financial crime
and terrorism.
This effort is particularly important because I am more
certain than ever that compliance with the Bank Secrecy Act's
regulatory regime is a critical component to our country's
ability to utilize financial information to combat terrorism,
terrorist financing, money laundering, and other serious
financial crime. Moreover, the systems and programs that are
mandated by the Bank Secrecy Act make our financial system
safer and more transparent.
Over the past year I have traveled quite a bit around the
country listening to the frustrations members of the
financial industry have with the Bank Secrecy Act. Many of
those frustrations relate to how the Act is being
implemented. Many in the financial industry complained about
the lack of clarity in requirements and consistency in
examination. At the same time, the Congress has
questioned the effectiveness of our collective ability to
implement this regime in light of several highly publicized
and significant regulatory failures by certain financial
institutions. Mr. Chairman, I am pleased to report that by
working diligently with my colleagues at this table, we have
made significant progress on these issues. In the past year:
We have signed groundbreaking information-sharing
agreements with the five Federal Banking Agencies, the
Internal Revenue Service and thirty-three (33) state
authorities. We are working to finalize similar agreements
with the Securities and Exchange Commission and the
Commodities Futures Trading Commission.
We have assisted the Federal Banking Agencies with the
development of a comprehensive Bank Secrecy Act examination
manual that we believe will ensure greater consistency in
examinations for depository institutions, and will provide a
significant source of guidance and help for those
institutions.
We are together issuing more and better guidance to ensure
greater clarity and consistency of regulatory policy. A good
example of this is the recent guidance we issued jointly with
the Federal Banking Agencies on the provision of banking
services to money services businesses.
We have created and staffed an Office of Compliance within
our Regulatory Division to ensure better clarity and
consistency in how the Bank Secrecy Act is implemented and
provide us with an assessment of the overall success of our
Bank Secrecy Act Regulatory Program.
We are--for the first time--devoting nearly 25 percent of
our analytic muscle to regulatory issues and programs. These
analysts are not only identifying compliance problems and
targeting problematic institutions for examination, they will
also develop and provide information to the financial
industry to help them better understand and assess the risks
posed by their business lines and customer base.
We believe these steps and the steps we have planned have
helped improve the overall implementation and effectiveness
of the Bank Secrecy Act. Ensuring that we present the
financial industry with regulatory requirements that are both
clear and consistent is, in my view, one of the best ways we
can reduce the burden associated with Bank Secrecy Act
compliance.
Consistency is a crucial element of the effective
implementation of the Bank Secrecy Act, and, indeed, is one
of our core objectives. While we, of course, stand ready to
assist the Committee and this Congress by examining any
aspect of the Bank Secrecy Act, I would emphasize that over
the past year, the level of cooperation between my agency and
the Federal Banking Agencies has grown significantly. As
reflected in the steps we have taken together, we all
recognize the need for a consistent voice on these important
regulatory issues, and are building the necessary
coordination mechanisms.
The focus of my testimony before the subcommittee today is
on H.R. 3505, specifically, how that bill would affect the
Bank Secrecy Act. I would like to focus on one key concept in
this legislation; your effort to reduce the burden imposed on
the financial industry of filing Currency Transaction
Reports. We have been grappling with the issue of how to
improve the Currency Transaction Report regime for some time.
We know that Currency Transaction Reports are valuable to law
enforcement. These reports--often coupled with other
information--are used every day to identify and locate
criminals and terrorists. However, we also know that some of
the Currency Transaction Reports filed by financial
institutions are of little relevance in the investigation of
financial crime. We also know that depository institutions,
especially our community banks, identify the time and expense
of filing Currency Transaction Reports as the number one
regulatory expense. Indeed, the Congress has in the past
recognized the need to reduce the number of Currency
Transaction Reports that may not have a high degree of
usefulness to law enforcement, ordering us to find a way to
do so. However, it is clear that our efforts to encourage the
exemption of routine filings on certain customers have not
brought about the reductions in filing that were sought.
Two years ago we turned to the Bank Secrecy Act Advisory
Group, bringing in the viewpoints of the industry, law
enforcement, and regulatory communities, to address this
question. Through this process, we learned that our
colleagues in law enforcement have made significant strides
recently in their ability to utilize currency transaction
reporting data, marrying this data with other law enforcement
data to maximize its benefit. We also have enhanced our
analytic capability to exploit this data source on both micro
and macro levels. Such innovations enhance the utility of our
analysis, and it is essential that we not reduce the flow of
critical information just as the technical firepower to
exploit this information is reaching new heights.
This Committee now is considering language that would amend
current exemptions by allowing banks to qualify certain
customers as exempt from routine currency transaction
reporting. We believe this language addresses many of the
issues with our current exemption regime that were causing it
not to have its intended effect. Due to its complexity and
the burden involved in exempting customers, financial
institutions were not taking advantage of the exemption
regime. This proposal seeks to streamline the exemption
process by focusing on a one-time notice to my agency of an
exemption and focusing on the customer's relationship with
the bank as the grounds for such exemption. We believe that
these changes will make the exemptions more effective while
still ensuring that currency transaction reporting
information critical to identifying criminal financial
activity is made available to law enforcement.
However, we also recognize that we need to monitor these
changes to ensure that they do not result in a reduction in
information that would be highly useful to our law
enforcement clients, and accordingly the proposal contains a
wise requirement to conduct a study after some time has
elapsed to ensure that we are striking the proper balance.
In conclusion, Mr. Chairman, I hope that my testimony today
conveys the sense of commitment, energy, and balance with
which all of us at the Financial Crimes Enforcement Network
are addressing the challenging issues that confront our
administration of the Bank Secrecy Act. The importance of
your personal and direct support of these efforts cannot be
overstated. Your oversight will ensure that we meet the
challenges that we are facing. I know how critical it is that
we do so, and we hope you know how committed we are to
meeting those challenges. Thank you.
Mr. Speaker, I yield back the balance of my time and urge all Members to vote in favor of this legislation.