By Matthew Holloway |

Arizona Republican Congressman Andy Biggs (R-AZ-05) has joined a bipartisan group of lawmakers seeking a Government Accountability Office (GAO) investigation into federal law enforcement surveillance of Americans’ bank accounts and financial records.

Biggs’ office announced Tuesday that he joined U.S. Sen. Ron Wyden (D-OR) and Reps. Warren Davidson (R-OH) and Pramila Jayapal (D-WA) in asking the congressional watchdog to examine several methods used by federal agencies to obtain or monitor financial information. The lawmakers sent their five-page request to Acting Comptroller General Orice W. Brown on Aug. 10.

The letter calls for a comprehensive review of surveillance practices involving the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and the Treasury Department’s Financial Crimes Enforcement Network (FinCEN).

“Americans’ financial records can reveal deeply sensitive information including their religion; the political causes and non-profit organizations they support, including through membership; the doctors’ offices and clinics where they are treated; where they travel and with whom; and countless other private personal details,” the lawmakers wrote.

They added that existing authorities allowing government access to financial records have, in some instances, been “abused or stretched beyond their intended purpose.”

The lawmakers asked the GAO to examine four areas, beginning with federal compliance with notification requirements under the Right to Financial Privacy Act.

The letter states that federal law enforcement agencies can obtain existing records from specific bank accounts through subpoenas, including subpoenas that do not require prior judicial approval. Under the Right to Financial Privacy Act, customers generally must receive notice when the federal government obtains their financial records, subject to statutory exceptions and delayed-notice procedures.

The lawmakers cited an October 2024 Justice Department response included with their letter. The DOJ said its Justice Manual directs prosecutors to follow Right to Financial Privacy Act procedures when seeking customer financial records without alerting an investigative target and said notice requirements are addressed through department training. The department also acknowledged that it does not compile statistics on notices provided under the Right to Financial Privacy Act and Wiretap Act, leaving it unable to tell lawmakers how many individuals had received such notices during the preceding three years.

Biggs and the other lawmakers asked the GAO to determine how consistently federal agencies comply with the notice requirements and how many Americans may remain unaware that their records were obtained.

The second area involves the FBI’s use of National Security Letters (NSLs), to obtain historical financial information without prior judicial review.

The FBI has long had authority under the Right to Financial Privacy Act to issue National Security Letters for certain financial records. The lawmakers asked the GAO to determine whether the bureau is following procedures governing nondisclosure orders attached to those requests.

Under FBI procedures adopted following the USA Freedom Act, a nondisclosure requirement must be supported by an individualized written determination rather than automatically accompanying every National Security Letter. The FBI also established procedures for reviewing and terminating those restrictions when circumstances no longer justify them.

The lawmakers asked the GAO to calculate the percentage of financial-record NSLs issued with nondisclosure requirements, determine how many remain secret after a three-year review point, and examine whether financial institutions receive required notices when those restrictions end.

Their third concern involves real-time monitoring orders known as financial “hotwatches.”

According to the congressional letter, federal agencies have used the All Writs Act to obtain court orders requiring financial institutions to notify the government when new transactions occur in targeted accounts. The lawmakers wrote that Congress has not enacted a statute explicitly authorizing real-time financial surveillance and asked the GAO to determine how frequently the Justice Department seeks the orders, what legal justifications it uses, and what types of financial institutions have been required to comply.

The group also asked the GAO to investigate how the FBI and FinCEN use the Bank Secrecy Act and Suspicious Activity Reports (SAR) to conduct searches of financial-institution records.

Banks and other covered financial institutions use SARs to report transactions suspected of being connected to criminal or otherwise suspicious activity. FinCEN describes the SAR system as a mechanism for providing financial intelligence to law enforcement, regulators, and other authorized government agencies.

Federal rules also make SARs confidential. FinCEN guidance states that a financial institution generally may not tell a person involved in a reported transaction that a SAR was filed.

The lawmakers said those authorities serve legitimate law enforcement purposes when banks independently identify suspicious transactions, including potential money laundering, terrorist financing, tax evasion, and human trafficking. They asked the GAO to examine allegations that the FBI and FinCEN have also directed financial institutions to conduct broader searches across customer databases using criteria supplied by the government.

They specifically asked investigators to determine whether informal search directives have circumvented the particularized identifier requirements contained in Section 314(a) of the USA Patriot Act and to quantify how many otherwise-unsuspected customers may have had their records included in such searches.

“Given the potential for systemic overreach and the erosion of Americans’ privacy, it is critical that Congress and the public obtain a transparent accounting of these programs,” the four lawmakers wrote.

They requested that the GAO issue a formal report examining the practices and recommend potential legislative or executive changes involving judicial oversight, financial privacy, and notice requirements.

The request continues Biggs’ broader push to limit federal surveillance authorities. In March, the Arizona congressman introduced the Protect Liberty and End Warrantless Surveillance Act of 2026, legislation aimed separately at reforming surveillance conducted under Section 702 of the Foreign Intelligence Surveillance Act.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.