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Congressman McHenry makes bold move to protect small business data with groundbreaking FinCEN transparency and accountability legislation

How McHenry’s Proposed Legislation Will Reform FinCEN

Introduction

The Financial Crimes Enforcement Network (FinCEN) is a vital department that tracks and reports information related to financial crimes in the United States. However, the agency has been under scrutiny due to its lack of transparency and accountability. To address these concerns, House Financial Services Committee Chairman Patrick McHenry recently introduced two bills, the Liability Act Through Confirmation and the Small Business Information Protection Act, aimed at reforming FinCEN. This article will explore the key provisions of this legislation and their potential impact on small businesses and the American public.

Key Provisions of McHenry’s Proposed Legislation

Liability Act Through Confirmation

The Liability Act Through Confirmation seeks to ensure that the director of FinCEN is accountable to the American people and Congress. The key provisions of the legislation include:

– The president must appoint the director of FinCEN with the advice and consent of the Senate, providing greater accountability and transparency to the process.
– The director can only be removed for specified reasons, providing greater job security and allowing them to focus on their responsibilities without fear of political interference.
– The director must submit regular reports to Congress on the agency’s activities, providing greater transparency and oversight.

Small Business Information Protection Act

The Small Business Information Protection Act aims to protect the sensitive information of small businesses and the privacy of Americans. The key provisions of the legislation include:

– The effective date of the beneficial ownership reporting requirements, currently set for January 1, 2024, will be delayed until FinCEN ends the access and CDD matching rules. This provides an extension of compliance as the current rules endanger the privacy rights of Americans and are deemed too onerous for small businesses.
– The legislation enforces that reporting companies cannot avoid transparency. It also avoids FinCEN from using compliance requirements that are too onerous for small businesses or infringe on the privacy rights of Americans.
– The legislation prevents FinCEN from instituting a compliance regime too onerous for small businesses or infringing on the privacy rights of Americans.

Impact of McHenry’s Proposed Legislation on Small Businesses

Small businesses occasionally find it challenging to navigate regulatory complexities, and FinCEN’s current reporting regime creates too many administrative burdens. The proposed legislation by McHenry will protect small businesses by providing more time for compliance and preventing the infringement of privacy rights. By ensuring FinCEN institutes no compliance regime too onerous for small businesses, and guarantees they transparently report ownership, small businesses can operate without fear of regulatory scrutiny.

Impact of McHenry’s Proposed Legislation on Transparency

McHenry’s bills aim to improve the transparency of FinCEN by giving more accountability to Congress. The director’s appointment process will have greater transparency, ensuring that they are accountable to Congress and the American people. Additionally, The Small Business Information Protection Act enforces transparency as the reporting process must not impinge on the privacy of Americans or be too onerous for small businesses. The legislation will boost the confidence of stakeholders in the regulatory process and allow for greater transparency.

Impact of McHenry’s Proposed Legislation on Privacy Rights

The proposed legislation will have a positive impact on privacy rights as it works to end the access and CDD matching rules, which are deemed dangerous to the privacy of Americans. It is reasonable to allow companies adequate time to ensure they comply with the rules without impinging on their privacy rights. The legislation seeks to ensure that the Beneficial Ownership rule-making closely adheres to the Congressional intent to prevent FinCEN from instituting overly stringent compliance systems that impede on the privacy rights of American citizens.

Closing Remarks

The two bills introduced by McHenry aimed at reforming FinCEN aim to increase transparency in FinCEN’s reporting process and prevent the infringement of privacy rights. The Liability Act Through Confirmation ensures the appointment of the director of FinCEN is accountable to the American people and Congress while preventing political interference. The Small Business Information Protection Act endeavours to ensure that reporting companies cannot avoid transparency and their compliance is not too onerous for small businesses or infringing on privacy rights.

Summary

The chairman of the House Financial Services Committee, Patrick McHenry, has introduced two bills aimed at reforming FinCEN. The Liability Act Through Confirmation ensures the director is accountable to the American people and Congress while The Small Business Information Protection Act seeks to prevent the impingement of privacy rights. The proposed legislation aims to ensure transparency, reduce administrative burdens imposed on small businesses, and prevent too-stringent compliance systems that impede on the privacy rights of American citizens.

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McHenry Introduces Legislation to Bring FinCEN Transparency and Accountability, Protect Small Business Data








Washington, June 12, 2023

Today, House Financial Services Committee Chairman Patrick McHenry (NC-10) introduced two bills, the Liability Act Through Confirmation and the Small Business Information Protection Act, to reform the Financial Crimes Enforcement Network (FinCEN). These bills will provide the agency with much-needed transparency and accountability, while ensuring that the sensitive information of small businesses and the privacy of Americans are protected in its beneficial ownership reporting regime.

“The degree of regulatory authority and the volume of sensitive American information collected by FinCEN would make the intelligence community blush.” President McHenry said. “They have done so with little transparency and accountability, and without regard to the privacy rights of Americans. In response, Republicans on the House Financial Services Committee are working to comprehensively reform the agency. As part of that effort, I’m introducing two bills to boost transparency at FinCEN and ensure it is accountable to the American people. I am proud to stand with my colleagues to fight government overreach and protect the privacy of our constituents.”

Background:

He Liability through the Confirmation Act of 2023 will ensure that FinCEN is accountable to Congress and the American people by requiring that FinCEN’s director be appointed by the president and with the advice and consent of the Senate.

He Small Business Information Protection Act of 2023 will protect the sensitive information of small businesses and the privacy of Americans by delaying the effective date of upcoming BOI reporting requirements, which is currently January 1, 2024, until FinCEN end both the access rule and the CDD matching rule. This legislation is based on President McHenry’s proposal work to ensure that beneficial ownership rule making it sticks to Congressional intentensuring that reporting companies cannot avoid transparency and preventing FinCEN from instituting a compliance regime that is too onerous for small businesses or infringing on the privacy rights of Americans.



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Printed version of this document


https://financialservices.house.gov/news/documentsingle.aspx?DocumentID=408863
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