US Code

Public Law 119-73 (01/23/2026)

12 U.S.C. § 3401

Definitions

For the purpose of this chapter, the term—
(1)
section 3414 of this title1
1 See References in Text note below.
“financial institution”, except as provided in , means any office of a bank, savings bank, card issuer as defined in section 1602(n)  of title 15, industrial loan company, trust company, savings association, building and loan, or homestead association (including cooperative banks), credit union, or consumer finance institution, located in any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, or the Virgin Islands;
(2)
“financial record” means an original of, a copy of, or information known to have been derived from, any record held by a financial institution pertaining to a customer’s relationship with the financial institution;
(3)
“Government authority” means any agency or department of the United States, or any officer, employee, or agent thereof;
(4)
“person” means an individual or a partnership of five or fewer individuals;
(5)
“customer” means any person or authorized representative of that person who utilized or is utilizing any service of a financial institution, or for whom a financial institution is acting or has acted as a fiduciary, in relation to an account maintained in the person’s name;
(6)
“holding company” means—
(A)
section 1841 of this title any bank holding company (as defined in ); and
(B)
section 1843(f)(1) of this title any company described in ;
(7)
“supervisory agency” means with respect to any particular financial institution, holding company, or any subsidiary of a financial institution or holding company, any of the following which has statutory authority to examine the financial condition, business operations, or records or transactions of that institution, holding company, or subsidiary—
(A)
the Federal Deposit Insurance Corporation;
(B)
the Bureau of Consumer Financial Protection;
(C)
the National Credit Union Administration;
(D)
the Board of Governors of the Federal Reserve System;
(E)
the Comptroller of the Currency;
(F)
the Securities and Exchange Commission;
(G)
the Commodity Futures Trading Commission;
(H)
Public Law 91–508, title I12 U.S.C. 1951 the Secretary of the Treasury, with respect to the Bank Secrecy Act () [ et seq.] and subchapter II of chapter 53 of title 31; or
(I)
any State banking or securities department or agency; and
(8)
“law enforcement inquiry” means a lawful investigation or official proceeding inquiring into a violation of, or failure to comply with, any criminal or civil statute or any regulation, rule, or order issued pursuant thereto.

Pub. L. 95–630, title XI, § 110192 Stat. 3697Pub. L. 101–73, title VII, § 744(b)103 Stat. 438Pub. L. 101–647, title XXV, § 2596(c)104 Stat. 4908Pub. L. 106–102, title VII, § 727(b)(1)113 Stat. 1475Pub. L. 108–177, title III, § 374(b)117 Stat. 2628Pub. L. 111–203, title X, § 1099(1)124 Stat. 2105(, , ; , title IX, § 941, , , 496; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Section 1602(n) of title 15oPub. L. 111–203, title X, § 1100A(1)(A)124 Stat. 2107, referred to in par. (1), was redesignated section 1602() of title 15 by , , .

Pub. L. 91–50884 Stat. 1114section 1951 of this titleThe Bank Secrecy Act, referred to in par. (7)(H), is title I of , , , which is classified principally to chapter 21 (§ 1951 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Public Law 91–508, title I12 U.S.C. 195112 U.S.C. 195131 U.S.C. 1051Public Law 91–508, title IPub. L. 97–258, § 4(b)96 Stat. 1067In par. (7)(H), “the Bank Secrecy Act () [ et seq.] and subchapter II of chapter 53 of title 31” substituted for “the Bank Secrecy Act [ et seq.] and the Currency and Foreign Transactions Reporting Act [ et seq.] ( and II)”, on authority of , , , the first section of which enacted Title 31, Money and Finance.

Amendments

Pub. L. 111–203, § 1099(1)(A)2010—Par. (6). , inserted “and” at end of subpar. (A), struck out “and” at end of subpar. (B), and struck out subpar. (C) which read as follows: “any savings and loan holding company (as defined in the Home Owners’ Loan Act);”.

Pub. L. 111–203, § 1099(1)(B)Par. (7)(B). , added subpar. (B) and struck out former subpar. (B) which read as follows: “Director, Office of Thrift Supervision;”.

Pub. L. 108–177section 3414 of this title2003—Par. (1). inserted “, except as provided in ,” before “means any office”.

Pub. L. 106–1021999—Par. (7)(G) to (I). added subpar. (G) and redesignated former subpars. (G) and (H) as (H) and (I), respectively.

Pub. L. 101–6471990—Par. (6)(B). substituted “section 1843(f)(1)” for “section 1842(f)(1)”.

Pub. L. 101–73, § 744(b)(1)1989—Par. (1). , substituted “savings association” for “savings and loan”.

Pub. L. 101–73, § 941(3)Par. (6). , added par. (6). Former par. (6) redesignated (7).

Pub. L. 101–73, § 941(1)Par. (7). , (2), redesignated former par. (6) as (7) and substituted new introductory provisions for former introductory provisions which read as follows: “ ‘supervisory agency’ means, with respect to any particular financial institution any of the following which has statutory authority to examine the financial condition or business operations of that institution—”. Former par. (7) redesignated (8).

Pub. L. 101–73, § 744(b)(2), (3), redesignated subpars. (C) to (I) as (B) to (H), respectively, substituted “Director, Office of Thrift Supervision” for “the Federal Home Loan Bank Board” in subpar. (B), and struck out former subpar. (B) which read as follows: “the Federal Savings and Loan Insurance Corporation;”.

Pub. L. 101–73, § 941(1)Par. (8). , redesignated par. (7) as (8).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–203section 1100H of Pub. L. 111–203section 552a of Title 5Amendment by effective on the designated transfer date, see , set out as a note under , Government Organization and Employees.

Effective Date

section 2101 of Pub. L. 95–630section 375b of this titleSection effective upon the expiration of 120 days after , see , set out as a note under .

Short Title

Pub. L. 95–630, title XI, § 110092 Stat. 3697

“This title [enacting this chapter] may be cited as the ‘Right to Financial Privacy Act of 1978’.”
, , , provided that: