Notes on 12 U.S.C. § 3414 : US Code - Notes

Search Notes on 12 U.S.C. § 3414 : US Code - Notes

(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; Pub. L. 108-
177, title III, Sec. 374(a), Dec. 13, 2003, 117 Stat. 2628; Pub.
L. 109-177, title I, Sec. 116(d), (e), title VI, Sec. 605(e)(1),
Mar. 9, 2006, 120 Stat. 215, 216, 255; Pub. L. 109-178, Sec. 4(d),
Mar. 9, 2006, 120 Stat. 280.)
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repealed by Pub.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
was set out as a note under section 3056 of Title 18, Crimes and
Criminal Procedure, prior to repeal by Pub. L. 98-587, Sec. 2, Oct.
30, 1984, 98 Stat. 3111. See 18 U.S.C. 3056(a)(7).
AMENDMENTS
2006 - Subsec. (a)(1)(B). Pub. L. 109-177, Sec. 605(e)(1), which
directed the amendment of section 3414 of title 12, United States
Code, by substituting "18 U.S.C. 3056A" for "3 U.S.C. 202" 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.
Subsec. (a)(3). Pub. L. 109-177, Sec. 116(d), 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."
Subsec. (a)(3)(D). Pub. L. 109-178, Sec. 4(d)(1), 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."
Subsec. (a)(5)(D). Pub. L. 109-177, Sec. 116(e), 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."
Subsec. (a)(5)(D)(iv). Pub. L. 109-178, Sec. 4(d)(2), 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."
2003 - Subsec. (d). Pub. L. 108-177 added subsec. (d).
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 DATE OF 2006 AMENDMENT
Pub. L. 109-178, Mar. 9, 2006, 120 Stat. 282, provided in part
that: "This Act [amending this section, sections 1681u and 1681v of
Title 15, Commerce and Trade, section 2709 of Title 18, Crimes and
Criminal Procedure, and sections 436 and 1861 of Title 50, War and
National Defense, and enacting provisions set out as a note under
section 1 of Title 18] shall become effective immediately upon
enactment [Mar. 9, 2006]."
EFFECTIVE DATE OF 2001 AMENDMENT
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.
(!1) See References in Text note below.
(!2) So in original. Probably should be "counterintelligence".
(!3) So in original. No subsec. (c) has been enacted.