PolicyBrief
H.J.RES. 56
119th CongressFeb 12th 2025
Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Financial Crimes Enforcement Network relating to "Anti-Money Laundering/Countering the Financing of Terrorism Program and Suspicious Activity Report Filing Requirements for Registered Investment Advisers and Exempt Reporting Advisers".
IN COMMITTEE

This bill disapproves and invalidates a rule by the Financial Crimes Enforcement Network concerning anti-money laundering, counter-terrorism financing programs, and suspicious activity reporting requirements for investment advisers.

Andrew Clyde
R

Andrew Clyde

Representative

GA-9

LEGISLATION

Bill Nixes Anti-Money Laundering Rules for Investment Advisers: Could Open Door to Shady Transactions

This bill throws out a rule that would have required investment advisers to have anti-money laundering programs and report suspicious activity. Basically, it makes it easier for dirty money to potentially flow through investment accounts, unchecked.

Scrapping the Safeguards

The Financial Crimes Enforcement Network (FinCEN) wanted registered investment advisers and exempt reporting advisers to set up programs to spot and stop money laundering and terrorism financing. This bill, if passed, says "no way" to that. It specifically targets the rule published on May 21, 2024 (89 Fed. Reg. 72156), which would have made these anti-money laundering programs mandatory. By disapproving this rule, the bill effectively kills it, leaving a gap in financial oversight.

Real-World Fallout

Imagine a small business owner unknowingly investing their earnings with an adviser who's also handling funds for a criminal organization. Without mandatory checks and reporting, that criminal money could slip through the cracks. Or consider a construction worker's retirement fund – if the adviser isn't required to flag suspicious transactions, those hard-earned savings could be at risk. By removing these requirements, the bill increases the chance that everyday people's investments could be mixed up with illicit funds, even if unintentionally.

The Bigger Picture

This move could have broader consequences. Without these anti-money laundering measures, the U.S. financial system becomes more vulnerable to abuse. It's like removing security cameras from a store – it might save on costs, but it also makes theft more likely. While investment advisers might see reduced compliance costs in the short term, the long-term risk is a system where it's harder to track and prevent financial crimes. This could affect everyone from freelancers to retirees, making it easier for bad actors to hide and move money without getting caught.