§ 3414. — Special procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC3414]
TITLE 12--BANKS AND BANKING
CHAPTER 35--RIGHT TO FINANCIAL PRIVACY
Sec. 3414. Special procedures
(a)(1) Nothing in this chapter (except sections 3415, 3417, 3418,
and 3421 \1\ of this title) shall apply to the production and disclosure
of financial records pursuant to requests from--
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\1\ See References in Text note below.
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(A) a Government authority authorized to conduct foreign
counter- or foreign positive-intelligence activities for purposes of
conducting such activities;
(B) the Secret Service for the purpose of conducting its
protective functions (18 U.S.C. 3056; 3 U.S.C. 202, Public Law 90-
331, as amended); or
(C) a Government authority authorized to conduct investigations
of, or intelligence or counterintelligence analyses related to,
international terrorism for the purpose of conducting such
investigations or analyses.
(2) In the instances specified in paragraph (1), the Government
authority shall submit to the financial institution the certificate
required in section 3403(b) of this title signed by a supervisory
official of a rank designated by the head of the Government authority.
(3) 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.
(4) The Government authority specified in paragraph (1) shall
compile an annual tabulation of the occasions in which this section was
used.
(5)(A) Financial institutions, and officers, employees, and agents
thereof, shall comply with a request for a customer's or entity's
financial records made pursuant to this subsection by the Federal Bureau
of Investigation when the Director of the Federal Bureau of
Investigation (or the Director's designee 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) certifies in
writing to the financial institution that such records are sought for
foreign counter intelligence \2\ 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.
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\2\ So in original. Probably should be ``counterintelligence''.
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(B) The Federal Bureau of Investigation may disseminate information
obtained pursuant to this paragraph only as provided in guidelines
approved by the Attorney General for foreign intelligence collection and
foreign counterintelligence investigations conducted by the Federal
Bureau of Investigation, and, with respect to dissemination to an agency
of the United States, only if such information is clearly relevant to
the authorized responsibilities of such agency.
(C) On the dates provided in section 415b of title 50, the Attorney
General shall fully inform the congressional intelligence committees (as
defined in section 401a of title 50) concerning all requests made
pursuant to this paragraph.
(D) 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.
(b)(1) Nothing in this chapter shall prohibit a Government authority
from obtaining financial records from a financial institution if the
Government authority determines that delay in obtaining access to such
records would create imminent danger of--
(A) physical injury to any person;
(B) serious property damage; or
(C) flight to avoid prosecution.
(2) In the instances specified in paragraph (1), the Government
shall submit to the financial institution the certificate required in
section 3403(b) of this title signed by a supervisory official of a rank
designated by the head of the Government authority.
(3) Within five days of obtaining access to financial records under
this subsection, the Government authority shall file with the
appropriate court a signed, sworn statement of a supervisory official of
a rank designated by the head of the Government authority setting forth
the grounds for the emergency access. The Government authority shall
thereafter comply with the notice provisions of section 3409(c) of this
title.
(4) The Government authority specified in paragraph (1) shall
compile an annual tabulation of the occasions in which this section was
used.
(Pub. L. 95-630, title XI, Sec. 1114, Nov. 10, 1978, 92 Stat. 3707; Pub.
L. 97-320, title IV, Sec. 432(b), Oct. 15, 1982, 96 Stat. 1527; Pub. L.
99-569, title IV, Sec. 404, Oct. 27, 1986, 100 Stat. 3197; Pub. L. 107-
56, title III, Sec. 358(f)(2), title V, Sec. 505(b), Oct. 26, 2001, 115
Stat. 327, 365; Pub. L. 107-306, title VIII, Sec. 811(b)(9), Nov. 27,
2002, 116 Stat. 2426.)
References in Text
Section 3421 of this title, referred to in subsec. (a)(1), was
repealed by Pub. L. 104-66, title III, Sec. 3001(d), Dec. 21, 1995, 109
Stat. 734.
Public Law 90-331, as amended, referred to in subsec. (a)(1)(B), is
Pub. L. 90-331, June 6, 1968, 82 Stat. 170, as amended, which is set out
as a note under section 3056 of Title 18, Crimes and Criminal Procedure.
Amendments
2002--Subsec. (a)(5)(C). Pub. L. 107-306 substituted ``On the dates
provided in section 415b of title 50, the Attorney General shall fully
inform the congressional intelligence committees (as defined in section
401a of title 50)'' 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''.
2001--Subsec. (a)(1)(C). Pub. L. 107-56, Sec. 358(f)(2), added
subpar. (C).
Subsec. (a)(5)(A). Pub. L. 107-56, Sec. 505(b), 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 section 1801
of title 50''.
1986--Subsec. (a)(5). Pub. L. 99-569 added par. (5).
1982--Subsec. (b)(2). Pub. L. 97-320 struck out ``of'' after
``financial institution''.
Effective and Termination Dates of 2001 Amendment
Amendments by title III of Pub. L. 107-56 to terminate effective on
and after the first day of fiscal year 2005 if Congress enacts a joint
resolution that such amendments no longer have the force of law, see
section 303 of Pub. L. 107-56, set out as a Four-Year Congressional
Review; Expedited Consideration note under section 5311 of Title 31,
Money and Finance.
Amendment by section 358(f)(2) of Pub. L. 107-56 applicable with
respect to reports filed or records maintained on, before, or after Oct.
26, 2001, see section 358(h) of Pub. L. 107-56, set out as a note under
section 1829b of this title.
Transfer of Functions
For 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 November 25,
2002, as modified, set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in sections 3402, 3409 of this title;
title 50 section 415b.
