US Code

Public Law 119-83 (04/13/2026)

12 U.S.C. § 1953

Recordkeeping and procedures

(a)

Regulations

If the Secretary determines that the maintenance of appropriate records and procedures by any uninsured bank or uninsured institution, or any person engaging in the business of carrying on in the United States any of the functions referred to in subsection (b), has a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, and that, given the threat posed to the security of the Nation on and after the terrorist attacks against the United States on , such records may also have a high degree of usefulness in the conduct of intelligence or counterintelligence activities, including analysis, to protect against international terrorism, he may by regulation require such bank, institution, or person—
(1)
section 1829b of this title to require, retain, or maintain, with respect to its functions as an uninsured bank or uninsured institution or its functions referred to in subsection (b), any records or evidence of any type which the Secretary is authorized under to require insured banks to require, retain, or maintain; and
(2)
to maintain procedures to assure compliance with requirements imposed under this chapter. For the purposes of any civil or criminal penalty, a separate violation of any requirement under this paragraph occurs with respect to each day and each separate office, branch, or place of business in which the violation occurs or continues.
(b)

Institutions subject to recordkeeping requirements

section 5312(a)(2) of title 31section 1813(h) of this title1

1 See References in Text note below.
The authority of the Secretary of the Treasury under subsection (a) extends to any financial institution (as defined in ), other than any insured bank (as defined in ) and any insured institution (as defined in section 1724(a)  of this title), and any partner, officer, director, or employee of any such financial institution.

(c)

Acceptance of automated records

The Secretary shall permit an uninsured bank or financial institution to retain or maintain records referred to in subsection (a) in electronic or automated form, subject to terms and conditions established by the Secretary.

Pub. L. 91–508, title I, § 12384 Stat. 1116 Pub. L. 100–690, title VI, § 6185(d)(3)(A)102 Stat. 4357 Pub. L. 103–325, title III, § 310108 Stat. 2221 Pub. L. 107–56, title III, § 358(e)115 Stat. 327 Pub. L. 108–458, title VI, § 6202(k)118 Stat. 3746 (, , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Section 1724 of this titlePub. L. 101–73, title IV, § 407103 Stat. 363 , referred to in subsec. (b), was repealed by , , .

Amendments

Pub. L. 108–458Pub. L. 107–562004—Subsec. (a). made technical correction to . See 2001 Amendment note below.

Pub. L. 107–56Pub. L. 108–4582001—Subsec. (a). , as amended by , amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “Where the Secretary determines that the maintenance of appropriate records and procedures by any uninsured bank or uninsured institution, or any person engaging in the business of carrying on in the United States any of the functions referred to in subsection (b) of this section, has a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, he may by regulation require such bank, institution, or person—”.

Pub. L. 103–3251994—Subsec. (c). added subsec. (c).

Pub. L. 100–6901988—Subsec. (b). amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The authority of the Secretary under this section extends to any person engaging in the business of carrying on any of the following functions:

“(1) Issuing or redeeming checks, money orders, travelers’ checks, or similar instruments, except as an incident to the conduct of its own nonfinancial business.

“(2) Transferring funds or credits domestically or internationally.

“(3) Operating a currency exchange or otherwise dealing in foreign currencies or credits.

“(4) Operating a credit card system.

“(5) Performing such similar, related, or substitute functions for any of the foregoing or for banking as may be specified by the Secretary in regulations.”

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–458Pub. L. 107–56Pub. L. 107–56section 6205 of Pub. L. 108–458section 1828 of this titleAmendment by effective as if included in , as of the date of enactment of such Act, and no amendment made by that is inconsistent with such amendment to be deemed to have taken effect, see , set out as a note under .

Effective Date of 2001 Amendment

Pub. L. 107–56section 358(h) of Pub. L. 107–56section 1829b of this titleAmendment by applicable with respect to reports filed or records maintained on, before, or after , see , set out as a note under .

Effective Date

Pub. L. 91–508section 1951 of this titleSection effective on first day of seventh calendar month which begins after , except that the Secretary of the Treasury may, by regulation, provide that this section be effective on any date not earlier than the publication of such regulations in the Federal Register and not later than first day of thirteenth calendar month which begins after , see section 401(a), (b) of , set out as a note under .