§ 3401. Definitions

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Right to Financial Privacy Act of 1978

   Pub. L. 95–630 title XI § 1101 · 92 Stat. 3641

   Enacted · 12 U.S.C. § 3401

   Pub. L. 95–630, title XI, § 1101, Nov. 10, 1978, 92 Stat. 3697

   Source evidence

   Code source credit
   Pub. L. 95–630, title XI, § 1101, Nov. 10, 1978, 92 Stat. 3697

   Enacted provision · exact public law section
   Sec. 1101. definitions For the purpose of this title, the term— (1) “financial institution” means any office of a bank, savings bank, card issuer as defined in section 103 of the Consumers Credit Protection Act (15 U.S.C. 1602(n)), industrial loan company, trust company, savings and loan, Building and loan, or homestead association (including cooperative banks), credit union, or consumer finance institution, located in any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, or the Virgin Islands; (2) “financial record” means an original of, a copy of. or information known to have been derived from, any record held by a financial institution pertaining to a customer’s relationship with the financial institution; (3) “Government authority” means any agency or department of the United States, or any officer, employee, or agent thereof; (4) “person” means an individual or a partnership of five or fewer individuals; (5) “customer” means any person or authorized representative of that person who utilized or is utilizing any service of a financial institution, or for whom a financial institution is acting or has acted as a fiduciary, in relation to an account maintained in the person’s name; (6) “supervisory agency” means, with respect to any particular financial institution any of the following which has statutory authority to examine the financial condition or business operations of that institution— (A) the Federal Deposit Insurance Corporation; (B) the Federal Savings and Loan Insurance Corporation; (C) the Federal Home Loan Bank Board: (D) the National Credit Union Administration; (E) the Board of Governors of the Federal Reserve System: (F) the Comptroller of the Currency; (G) the Securities and Exchange Commission; (H) the Secretary of the Treasury, with respect to the Bank Secrecy Act and the Currency and Foreign Transactions Reporting Act (Public Law 91–508, title I and II); or 12 USC 1829b–1831, 1951–1959. 31 USC 1051 note. (I) any State banking or securities department or agency: and (7) “law enforcement inquiry” means a lawful investigation or official proceeding inquiring into a violation of, or failure to comply with, any criminal or civil statute or any regulation, rule, or order issued pursuant thereto.

2. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 § 744(b)(1) · 103 Stat. 183

   Substituted · 12 U.S.C. § 3401(1)

   Pub. L. 101–73, § 744(b)(1), substituted “savings association” for “savings and loan”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 101–73, § 744(b)(1), substituted “savings association” for “savings and loan”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking out “savings and loan” and inserting in lieu thereof “savings association”;

3. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 § 941(3) · 103 Stat. 183

   Redesignated · 12 U.S.C. § 3401(6)

   Pub. L. 101–73, § 941(3), added par. (6). Former par. (6) redesignated (7)

   Source evidence

   Code amendment note
   Par. (6). Pub. L. 101–73, § 941(3), added par. (6). Former par. (6) redesignated (7).

   Enacted provision · exact public law section
   (3) by inserting after paragraph (5) the following new paragraph: “(6) ‘holding company’ means— “(A) any bank holding company (as defined in section 2 of the Bank Holding Company Act of 1956); “(B) any company described in section 3(f)(1) of the Bank Holding Company Act of 1956; and “(C) any savings and loan holding company (as defined in the Home Owners’ Loan Act);”.

4. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 § 941(1) · 103 Stat. 183

   1. Redesignated · 12 U.S.C. § 3401(7)

      Pub. L. 101–73, § 941(1), (2), redesignated former par. (6) as (7)

   2. Redesignated · 12 U.S.C. § 3401(7)

      Pub. L. 101–73, § 941(1), (2), substituted new introductory provisions for former introductory provisions which read as follows: “ ‘supervisory agency’ means, with respect to any particular financial institution any of the following which has statutory authority to examine the financial condition or business operations of that institution—”. Former par. (7) redesignated (8)

   Source evidence

   Code amendment note
   Par. (7). Pub. L. 101–73, § 941(1), (2), redesignated former par. (6) as (7) and substituted new introductory provisions for former introductory provisions which read as follows: “ ‘supervisory agency’ means, with respect to any particular financial institution any of the following which has statutory authority to examine the financial condition or business operations of that institution—”. Former par. (7) redesignated (8).

   Enacted provision · exact public law section
   (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and

5. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 § 744(b)(2) · 103 Stat. 183

   1. Redesignated · 12 U.S.C. § 3401(7)

      Pub. L. 101–73, § 744(b)(2), (3), redesignated subpars. (C) to (I) as (B) to (H), respectively

   2. Substituted · 12 U.S.C. § 3401(7)

      Pub. L. 101–73, § 744(b)(2), (3), substituted “Director, Office of Thrift Supervision” for “the Federal Home Loan Bank Board” in subpar. (B)

   3. Struck · 12 U.S.C. § 3401(7)

      Pub. L. 101–73, § 744(b)(2), (3), struck out former subpar. (B) which read as follows: “the Federal Savings and Loan Insurance Corporation;”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–73, § 744(b)(2), (3), redesignated subpars. (C) to (I) as (B) to (H), respectively, substituted “Director, Office of Thrift Supervision” for “the Federal Home Loan Bank Board” in subpar. (B), and struck out former subpar. (B) which read as follows: “the Federal Savings and Loan Insurance Corporation;”.

   Enacted provision · exact public law section
   (2) in paragraph (6), by striking out subparagraph (B) and redesignating the remaining subparagraphs as subparagraphs (B) through (H), respectively; and

6. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 § 941(1) · 103 Stat. 183

   Redesignated · 12 U.S.C. § 3401(8)

   Pub. L. 101–73, § 941(1), redesignated par. (7) as (8)

   Source evidence

   Code amendment note
   Par. (8). Pub. L. 101–73, § 941(1), redesignated par. (7) as (8).

   Enacted provision · exact public law section
   (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and

7. 1990

   Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990

   Pub. L. 101–647 title XXV § 2596(c) · 104 Stat. 4789

   Substituted · 12 U.S.C. § 3401(6)(B)

   Pub. L. 101–647 substituted “section 1843(f)(1)” for “section 1842(f)(1)”

   Source evidence

   Code amendment note
   Par. (6)(B). Pub. L. 101–647 substituted “section 1843(f)(1)” for “section 1842(f)(1)”.

   Enacted provision · exact public law section
   (c) Right to Financial Privacy.— Section 1101(6)(B) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401(6)(B)) by striking “3(f)(1)” and inserting “4(f)(1)”.

8. 1999

   Pub. L. 106–102 title VII § 727(b)(1) · 113 Stat. 1338

   1. Added · 12 U.S.C. § 3401(7)(G)(I)

      Pub. L. 106–102 added subpar. (G)

   2. Redesignated · 12 U.S.C. § 3401(7)(G)(I)

      Pub. L. 106–102 redesignated former subpars. (G) and (H) as (H) and (I), respectively

   Source evidence

   Code amendment note
   Par. (7)(G) to (I). Pub. L. 106–102 added subpar. (G) and redesignated former subpars. (G) and (H) as (H) and (I), respectively.

   Enacted provision · exact public law section
   (1) in section 1101(7)— 12 USC 3401. (A) by redesignating subparagraphs (G) and (H) as subparagraphs (H) and (I), respectively; and (B) by inserting after subparagraph (F) the following new subparagraph: “(G) the Commodity Futures Trading Commission;”; and

9. 2003

   Intelligence Authorization Act for Fiscal Year 2004

   Pub. L. 108–177 title III § 374(b) · 117 Stat. 2599

   Inserted · 12 U.S.C. § 3401(1)

   Pub. L. 108–177 inserted “, except as provided in section 3414 of this title,” before “means any office”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 108–177 inserted “, except as provided in section 3414 of this title,” before “means any office”.

   Enacted provision · exact public law section
   (b) Cross Reference Modification.— Section 1101(1) of such Act (12 U.S.C. 3401(1)) is amended by inserting “, except as provided in section 1114,” before “means any office”.

10. 2010

    Consumer Financial Protection Act of 2010

    Pub. L. 111–203 § 1099(1)(A) · 124 Stat. 1376

    1. Inserted · 12 U.S.C. § 3401(6)

       Pub. L. 111–203, § 1099(1)(A), inserted “and” at end of subpar. (A)

    2. Struck · 12 U.S.C. § 3401(6)

       Pub. L. 111–203, § 1099(1)(A), struck out “and” at end of subpar. (B)

    3. Struck · 12 U.S.C. § 3401(6)

       Pub. L. 111–203, § 1099(1)(A), struck out subpar. (C) which read as follows: “any savings and loan holding company (as defined in the Home Owners’ Loan Act);”

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 111–203, § 1099(1)(A), inserted “and” at end of subpar. (A), struck out “and” at end of subpar. (B), and struck out subpar. (C) which read as follows: “any savings and loan holding company (as defined in the Home Owners’ Loan Act);”.

    Enacted provision · exact public law section
    (A) in paragraph (6)— (i) in subparagraph (A), by inserting “and” after the semicolon; (ii) in subparagraph (B), by striking “and” at the end; and (iii) by striking subparagraph (C); and

    Effective date note
    Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

11. 2010

    Consumer Financial Protection Act of 2010

    Pub. L. 111–203 § 1099(1)(B) · 124 Stat. 1376

    1. Added · 12 U.S.C. § 3401(7)(B)

       Pub. L. 111–203, § 1099(1)(B), added subpar. (B)

    2. Struck · 12 U.S.C. § 3401(7)(B)

       Pub. L. 111–203, § 1099(1)(B), struck out former subpar. (B) which read as follows: “Director, Office of Thrift Supervision;”

    Source evidence

    Code amendment note
    Par. (7)(B). Pub. L. 111–203, § 1099(1)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: “Director, Office of Thrift Supervision;”.

    Enacted provision · exact public law section
    (B) in paragraph (7), by striking subparagraph (B), and inserting the following: “(B) the Bureau of Consumer Financial Protection;” ;

    Effective date note
    Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

18 of 18 references resolved to an enrolled provision