S 1077

112th CONGRESS
1st Session

S. 1077

To require judicial review of Suspicious Activity Reports.

IN THE SENATE OF THE UNITED STATES

May 25, 2011

Mr. PAUL introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To require judicial review of Suspicious Activity Reports.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. JUDICIAL REVIEW OF SUSPICIOUS ACTIVITY REPORTS.

    Section 5318(g) of title 31, United States Code, is amended--

      (1) in paragraph (1), by inserting before the period at the end `, subject to judicial review under paragraph (5)'; and

      (2) by adding at the end the following:

      `(5) JUDICIAL REVIEW- The Secretary may not, under this section or the rules issued under this section, or under any other provision of law, require any financial institution, director, officer, employee, or agent of any financial institution, or any other entity that is otherwise subject to regulation or oversight by the Secretary or pursuant to the securities laws (as that term is defined under section 3 of the Securities Exchange Act of 1934) to report any transaction under this section or its equivalent under such provision of law, unless the appropriate district court of the United States issues an order finding that a warrant could be issued under rule 41 of the Federal Rules of Criminal Procedure for the information sought to be obtained by the Secretary.'.

END