Access to financial records for certain intelligence and protective purposes
Emergency access to financial records
Prohibition of certain disclosure
Prohibition
In general
If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no financial institution that receives a request under subsection (a), or officer, employee, or agent thereof, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a).
Certification
Exception
In general
Application
A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued.
Notice
Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.
Identification of disclosure recipients
At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.
Judicial review
In general
section 3511 of title 18A request under subsection (a) or a nondisclosure requirement imposed in connection with such request under subsection (c) shall be subject to judicial review under .
Notice
A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1).
Definition of “financial institution”
section 5312 of title 31For purposes of this section, and sections 3415 and 3417 of this title insofar as they relate to the operation of this section, the term “financial institution” has the same meaning as in subsections (a)(2) and (c)(1) of , except that, for purposes of this section, such term shall include only such a financial institution any part of which is located inside any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands.
Pub. L. 95–630, title XI, § 111492 Stat. 3707Pub. L. 97–320, title IV, § 432(b)96 Stat. 1527Pub. L. 99–569, title IV, § 404100 Stat. 3197Pub. L. 107–56, title III, § 358(f)(2)115 Stat. 327Pub. L. 107–306, title VIII, § 811(b)(9)116 Stat. 2426Pub. L. 108–177, title III, § 374(a)117 Stat. 2628Pub. L. 109–177, title I, § 116(d)120 Stat. 215Pub. L. 109–178, § 4(d)120 Stat. 280Pub. L. 114–23, title V129 Stat. 282(, , ; , , ; , , ; , title V, § 505(b), , , 365; , , ; , , ; , (e), title VI, § 605(e)(1), , , 216, 255; , , ; , §§ 501(b), 502(b), 503(b), , , 284, 290.)
Editorial Notes
References in Text
Section 3421 of this titlePub. L. 104–66, title III, § 3001(d)109 Stat. 734, referred to in subsec. (a)(1), was repealed by , , .
Public Law 90–331Pub. L. 90–33182 Stat. 170section 3056 of Title 18Pub. L. 98–587, § 298 Stat. 311118 U.S.C. 3056(a)(7), as amended, referred to in subsec. (a)(1)(B), is , , , which was set out as a note under , Crimes and Criminal Procedure, prior to repeal by , , . See .
Amendments
Pub. L. 114–23, § 501(b)2015—Subsec. (a)(2). , inserted before period at end “and a term that specifically identifies a customer, entity, or account to be used as the basis for the production and disclosure of financial records”.
Pub. L. 114–23, § 502(b)(1)Subsec. (a)(5)(D). , struck out subpar. (D) which related to prohibition of certain disclosure.
Pub. L. 114–23, § 502(b)(2)Subsec. (c). , added subsec. (c).
Pub. L. 114–23, § 503(b)Subsecs. (d), (e). , added subsec. (d) and redesignated former subsec. (d) as (e).
Pub. L. 109–177, § 605(e)(1)section 3414 of title 1218 U.S.C. 3056A3 U.S.C. 2022006—Subsec. (a)(1)(B). , which directed the amendment of , United States Code, by substituting “” for “” in subsec. (a)(1)(B), was executed to this section, which is section 1114 of the Right to Financial Privacy Act of 1978, to reflect the probable intent of Congress.
Pub. L. 109–177, § 116(d)Subsec. (a)(3). , which directed the general amendment of section 1114(a)(3) of the Right to Financial Privacy Act, was executed to subsec. (a)(3) of this section, which is section 1114 of the Right to Financial Privacy Act of 1978, to reflect the probable intent of Congress. Prior to amendment, par. (3) read as follows: “No financial institution, or officer, employee, or agent of such institution, shall disclose to any person that a Government authority described in paragraph (1) has sought or obtained access to a customer’s financial records.”
Pub. L. 109–178, § 4(d)(1)Subsec. (a)(3)(D). , which directed the general amendment of subsec. (a)(3)(D) of section 1114(a)(3) of the Right to Financial Privacy Act, was executed to subsec. (a)(3)(D) of this section, which is section 1114 of the Right to Financial Privacy Act of 1978, to reflect the probable intent of Congress. Prior to amendment, subpar. (D) read as follows: “At the request of the authorized Government agency or the Secret Service, any person making or intending to make a disclosure under this section shall identify to the requesting official of the authorized Government agency or the Secret Service the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, but in no circumstance shall a person be required to inform such requesting official that the person intends to consult an attorney to obtain legal advice or legal assistance.”
Pub. L. 109–177, § 116(e)Subsec. (a)(5)(D). , which directed the general amendment of section 1114(a)(5)(D) of the Right to Financial Privacy Act, was executed to subsec. (a)(5)(D) of this section, which is section 1114 of the Right to Financial Privacy Act of 1978, to reflect the probable intent of Congress. Prior to amendment, subpar. (D) read as follows: “No financial institution, or officer, employee, or agent of such institution, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to a customer’s or entity’s financial records under this paragraph.”
Pub. L. 109–178, § 4(d)(2)Subsec. (a)(5)(D)(iv). , which directed the general amendment of clause (iv) of section 1114(a)(5)(D) of the Right to Financial Privacy Act, was executed to clause (iv) of subsec. (a)(5)(D) of this section, which is section 1114 of the Right to Financial Privacy Act of 1978, to reflect the probable intent of Congress. Prior to amendment, cl. (iv) read as follows: “At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under this section shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, but in no circumstance shall a person be required to inform the Director or such designee that the person intends to consult an attorney to obtain legal advice or legal assistance.”
Pub. L. 108–1772003—Subsec. (d). added subsec. (d).
Pub. L. 107–306section 415b of title 50section 401a of title 502002—Subsec. (a)(5)(C). substituted “On the dates provided in , the Attorney General shall fully inform the congressional intelligence committees (as defined in )” for “On a semiannual basis the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate”.
Pub. L. 107–56, § 358(f)(2)2001—Subsec. (a)(1)(C). , added subpar. (C).
Pub. L. 107–56, § 505(b)section 1801 of title 50Subsec. (a)(5)(A). , inserted “in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director” after “Director’s designee” and substituted “sought for foreign counter intelligence purposes to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States” for “sought for foreign counterintelligence purposes and that there are specific and articulable facts giving reason to believe that the customer or entity whose records are sought is a foreign power or an agent of a foreign power as defined in ”.
Pub. L. 99–5691986—Subsec. (a)(5). added par. (5).
Pub. L. 97–3201982—Subsec. (b)(2). struck out “of” after “financial institution”.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Effective Date of 2001 Amendment
section 358(f)(2) of 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
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 .
Transfer of Functions
section 542 of Title 6For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .
Termination Procedures
Pub. L. 114–23, title V, § 502(f)129 Stat. 288