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Congressman Cleaver Calls for a Hearing Regarding Banks Questioning Customers About their Citizenship Status

August 16, 2018

(Kansas City, MO) – Congressman Emanuel Cleaver, II sent a letter to the Financial Services Committee calling for a congressional hearing with the Office of the Comptroller of the Currency (OCC), the Financial Crimes Enforcement Network (FinCEN) and various national banks to inquire about a recently surfaced policy that requires customers to prove their citizenship status.

"I recently became aware of this after hearing reports of people in the area whose bank accounts had been frozen because they did not respond to an inquiry from the bank on their citizenship status. They are interfering with the livelihood of citizens," said Congressman Cleaver.

It appears that certain banks may be interpreting the Bank Secrecy Act of 1970 and the Patriot Act of 2001 as justification for seeking citizenship information but none of these laws explicitly require such an ask. In the letter found here, Congressman Cleaver seeks to find out;

• What quantifiable measures have banks put in place to ensure this new proof of citizenship protocol is not causing a significant invasion into a customer's individual privacy?

• Are banks voluntarily reporting non-citizen account holder information to the United States Immigration and Customs Enforcement (ICE) or other immigrant enforcement agencies, who have not requested the information as part of a criminal investigation?

"Although it is necessary to implement measures to combat and counteract financial crimes, it is also imperative to understand how this policy of requesting proof of citizenship will further safeguard our national security," Congressman Cleaver states in the letter.

Congressman Cleaver is requesting a congressional hearing with the OCC and FinCEN to provide perspective, seek clarity, and identify a solution.

"The frustration and inconvenience of frozen bank accounts can damage consumers' financial status…missed mortgage and utility payments, unnecessary overdraft fees, and negative credit ratings," said Congressman Cleaver.

Emanuel Cleaver, II is the U.S. Representative for Missouri's Fifth Congressional District, which includes Kansas City, Independence, Lee's Summit, Raytown, Grandview, Sugar Creek, Blue Springs, Grain Valley, Oak Grove, North Kansas City, Gladstone, Claycomo, and all of Ray, Lafayette, and Saline Counties. He is a member of the exclusive House Financial Services Committee, the Ranking Member of the Subcommittee on Housing and Insurance, and also a Senior Whip of the Democratic Caucus. For more information, please contact Heather Frierson at 816-842-4545 or Heather.Frierson@mail.house.gov A high-resolution photo of Congressman Cleaver is available here.

Issues:Civil Rights