§ 3414. Special procedures
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(a)Access to financial records for certain intelligence and protective purposes
(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—
(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; 18 U.S.C. 3056A, Public Law 90–331,1 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 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.
(A)If the Government authority described in paragraph
(1)or the Secret Service, as the case may be, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no financial institution, or officer, employee, or agent of such institution, shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request) that the Government authority or the Secret Service has sought or obtained access to a customer’s financial records.
(B)The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under subparagraph (A).
(C)Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice or legal assistance with respect to the request shall inform such persons of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under subparagraph (A).
(D)At the request of the authorized Government authority 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 authority or the Secret Service the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, except that nothing in this section shall require a person to inform the requesting official of the authorized Government authority or the Secret Service of the identity of an attorney to whom disclosure was made or will be made to obtain legal advice or legal assistance with respect to the request for financial records under this subsection.
(4)The Government authority specified in paragraph
(1)shall compile an annual tabulation of the occasions in which this section was used.
(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.
(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 3106 of title 50, the Attorney General shall fully inform the congressional intelligence committees (as defined in section 3003 of title 50) concerning all requests made pursuant to this paragraph.
(b)Emergency access to financial records
(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.
(c)Prohibition of certain disclosure
(1)Prohibition
(A)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).
(B)Certification The requirements of subparagraph
(A)shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in—
(i)a danger to the national security of the United States;
(ii)interference with a criminal, counterterrorism, or counterintelligence investigation;
(iii)interference with diplomatic relations; or
(iv)danger to the life or physical safety of any person.
(2)Exception
(A)In general A financial institution that receives a request under subsection (a), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to—
(i)those persons to whom disclosure is necessary in order to comply with the request;
(ii)an attorney in order to obtain legal advice or assistance regarding the request; or
(iii)other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.
(B)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.
(C)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.
(D)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.
(d)Judicial review
(1)In general A request under subsection
(a)or a nondisclosure requirement imposed in connection with such request under subsection
(c)shall be subject to judicial review under section 3511 of title 18.
(2)Notice A request under subsection
(a)shall include notice of the availability of judicial review described in paragraph (1).
(e)Definition of “financial institution” For 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 section 5312 of title 31, 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, § 1114, Nov. 10, 1978, 92 Stat. 3707; Pub. L. 97–320, title IV, § 432(b), Oct. 15, 1982, 96 Stat. 1527; Pub. L. 99–569, title IV, § 404, Oct. 27, 1986, 100 Stat. 3197; Pub. L. 107–56, title III, § 358(f)(2), title V, § 505(b), Oct. 26, 2001, 115 Stat. 327, 365; Pub. L. 107–306, title VIII, § 811(b)(9), Nov. 27, 2002, 116 Stat. 2426; Pub. L. 108–177, title III, § 374(a), Dec. 13, 2003, 117 Stat. 2628; Pub. L. 109–177, title I, § 116(d), (e), title VI, § 605(e)(1), Mar. 9, 2006, 120 Stat. 215, 216, 255; Pub. L. 109–178, § 4(d), Mar. 9, 2006, 120 Stat. 280; Pub. L. 114–23, title V, §§ 501(b), 502(b), 503(b), June 2, 2015, 129 Stat. 282, 284, 290.)
Connections151 cite this · traces to 20
Cited by 151 sections · top 60
U.S. Code
- § 1113Congressional information
- § 1Repealed. Pub. L. 98–473, title II, § 218(a)(1), Oct. 12, 1984, 98 Stat. 2027]
- § 3401Definitions
- § 3414Special procedures
- § 1873Annual reports
- § 3106Dates for submittal of various annual and semiannual reports to the congressional intelligence committees
- § 3409Delayed notice
- § 3511Judicial review of requests for information
- § 1510Obstruction of criminal investigations
register
statute-compilations
- Sec. 603ANNUAL REPORTS
- Sec. 505MISCELLANEOUS NATIONAL SECURITY AUTHORITIES
- Sec. 811DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL REPORTS TO THE CONGRESSIONAL INTELLIGENCE COMMITTEES
- Sec. 116CONFIDENTIALITY OF NATIONAL SECURITY LETTERS
- Sec. 374MODIFICATION TO DEFINITION OF FINANCIAL INSTITUTION IN RIGHT TO FINANCIAL PRIVACY ACT
- Sec. 118REPORTS ON NATIONAL SECURITY LETTERS
- Sec. 358BANK SECRECY PROVISIONS AND ACTIVITIES OF UNITED STATES INTELLIGENCE AGENCIES TO FIGHT INTERNATIONAL TERRORISM
- Sec. 119AUDIT OF USE OF NATIONAL SECURITY LETTERS
- Sec. 507dates for submittal of various annual and semiannual reports to the congressional intelligence committees
- Sec. 117VIOLATIONS OF NONDISCLOSURE PROVISIONS OF NATIONAL SECURITY LETTERS
statutes-at-large
- Public Law 109–178To clarify that individuals who receive FISA orders can challenge nondisclosure requirements, that individuals who receive national security letters are not required to disclose the name of their attorney, that libraries are not wire or electronic communication service providers unless they provide
- Public Law 108–177To authorize appropriations for fiscal year 2004 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes
- Public Law 95–630To extend the authority for the flexible regulation of Interest rates on deposits and accounts in depository institutions
- Public Law 114–23To reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, an
- Public Law 106–197To exempt certain reports from automatic elimination and sunset pursuant to the Federal Reports Elimination and Sunset Act of 1995, and for other purposes
- Public Law 99–569To authorize appropriations for fiscal year 1987 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Staff, and the Central Intelligence Agency Retirement and Disability System, and for other purposes
- Public Law 97–320To revitalize the housing industry by strengthening the financial stability of home mortgage lending institutions and ensuring the availability of home mortgage loans
- Public Law 107–56To deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes
- Public Law 109–177To extend and modify authorities needed to combat terrorism, and for other purposes
- Public Law 107–306To authorize appropriations for fiscal year 2003 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes
bill
- Sec. 2Reporting FISA orders and national security letters
- Sec. 501National security letter authority
- Sec. 502Limitations on disclosure of national security letters
- Sec. 503Judicial review
- Sec. 504Inspector general reports on national security letters
- Sec. 505National security letter sunset
- Sec. 601Third-party reporting on FISA orders and national security letters
- Sec. 603Government reporting on national security letters
- Sec. 501National security letter authority
- Sec. 601Third-party reporting of FISA orders and National Security Letters
- Sec. 501National security letter authority
- Sec. 502Limitations on disclosure of national security letters
- Sec. 503Judicial review
- Sec. 504Inspector general reports on national security letters
- Sec. 505National security letter sunset
- Sec. 601Third-party reporting on FISA orders and national security letters
- Sec. 603Government reporting on national security letters
- Sec. 501Prohibition on bulk collection
- Sec. 603Annual reports by the Government on orders entered
- Sec. 501Prohibition on bulk collection
- Sec. 603Annual reports by the Government on orders entered
- Sec. 501Prohibition on bulk collection
- Sec. 604Public reporting by persons subject to FISA orders
- Sec. 6Limitations on national security letters
Traces to 20 documents
U.S. Code
- Powers, authorities, and duties of United States Secret Service§ 3056
- Powers, authorities, and duties of United States Secret Service Uniformed Division§ 3056A
- Confidentiality of financial records§ 3403
- Dates for submittal of various annual and semiannual reports to the congressional intelligence committees§ 3106
- Definitions§ 3003
- Delayed notice§ 3409
- Judicial review of requests for information§ 3511
- Definitions and application§ 5312
- Repealed. Pub. L. 104–66, title III, § 3001(d), Dec. 21, 1995, 109 Stat. 734§ 3421
- Special procedures§ 3414
- Transferred§ 415b
- Transferred§ 401a
- Definitions§ 1801
- Counterintelligence access to telephone toll and transactional records§ 2709
- Repealed. Pub. L. 98–473, title II, § 218(a)(1), Oct. 12, 1984, 98 Stat. 2027]§ 1
- Retention of records by insured depository institutions§ 1829b
- Extensions of credit to executive officers, directors, and principal shareholders of member banks§ 375b
- Reorganization plan§ 542
- Disclosures to FBI for counterintelligence purposes§ 1681u
- Requests by authorized investigative agencies§ 3162
50 references not yet in our index
- 1
- Public Law 90–331
- 2
- Pub. L. 95–630, title XI, § 1114
- 92 Stat. 3707
- Pub. L. 97–320, title IV, § 432(b)
- 96 Stat. 1527
- Pub. L. 99–569, title IV, § 404
- 100 Stat. 3197
- Pub. L. 107–56, title III, § 358(f)(2)
- 115 Stat. 327
- Pub. L. 107–306, title VIII, § 811(b)(9)
- 116 Stat. 2426
- Pub. L. 108–177, title III, § 374(a)
- 117 Stat. 2628
- Pub. L. 109–177, title I, § 116(d)
- 120 Stat. 215
- Pub. L. 109–178, § 4(d)
- 120 Stat. 280
- Pub. L. 114–23, title V
- 129 Stat. 282
- Pub. L. 104–66, title III, § 3001(d)
- 109 Stat. 734
- Pub. L. 90–331
- 82 Stat. 170
- Pub. L. 98–587, § 2
- 98 Stat. 3111
- Pub. L. 114–23, § 501(b)
- Pub. L. 114–23, § 502(b)(1)
- Pub. L. 114–23, § 502(b)(2)
- Pub. L. 114–23, § 503(b)
- Pub. L. 109–177, § 605(e)(1)
- 3 U.S.C. 202
- Pub. L. 109–177, § 116(d)
- Pub. L. 109–178, § 4(d)(1)
- Pub. L. 109–177, § 116(e)
- Pub. L. 109–178, § 4(d)(2)
- Pub. L. 108–177
- Pub. L. 107–306
- Pub. L. 107–56, § 358(f)(2)
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Special procedures
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