(a) (1)
Nothing in this title (except sections 1115, 1117, 1118, and 1121)
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, 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 1103(b) 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.
(3) (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.
6-1776.1
(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 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
507 of the National Security Act of 1947, the Attorney General shall
fully inform the congressional intelligence committees (as defined
in section 3 of that Act (50 U.S.C. 401a)) concerning all requests
made pursuant to this paragraph.
6-1777
(b) (1) Nothing in this title
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 of the
certificate required in section 1103(b) 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 1109(c).
(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) (A) 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) 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) (A) 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) 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)
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) 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) 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, United States Code.
(2) A request under subsection (a) shall include notice of the availability
of judicial review described in paragraph (1).
6-1777.1
(e) For
purposes of this section, and sections 1115 and 1117 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, United States Code, 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.
[12 USC 3414.
As amended by acts of Oct. 27, 1986 (100 Stat. 3197); Oct. 26, 2001
(115 Stat. 327, 365); Nov. 27, 2002 (116 Stat. 2426); Dec. 13, 2003
(117 Stat. 2628); Mar. 9, 2006 (120 Stat. 215, 216, 255, 280); and
June 2, 2015 (129 Stat. 282, 284-85, 290).]
