31 U.S.C. § 5318A — Special measures for jurisdictions, finan-

Page 467 TITLE 31—MONEY AND FINANCE § 5318A 1 So in original. Probably should be followed by a comma. REPORTING OF SUSPICIOUS ACTIVITIES BY SECURITIES BROKERS AND DEALERS; INVESTMENT COMPANY STUDY Pub. L. 107–56, title III, § 356(a), (b), Oct. 26, 2001, 115 Stat. 324, provided that: ‘‘(a) DEADLINE FOR SUSPICIOUS ACTIVITY REPORTING REQUIREMENTS FOR REGISTERED BROKERS AND DEAL- ERS.—The Secretary [of the Treasury], after consulta- tion with the Securities and Exchange Commission and the Board of Governors of the Federal Reserve System, shall publish proposed regulations in the Federal Reg- ister before January 1, 2002, requiring brokers and deal- ers registered with the Securities and Exchange Com- mission under the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.] to submit suspicious activity reports under section 5318(g) of title 31, United States Code. Such regulations shall be published in final form not later than July 1, 2002. ‘‘(b) SUSPICIOUS ACTIVITY REPORTING REQUIREMENTS FOR FUTURES COMMISSION MERCHANTS, COMMODITY TRADING ADVISORS, AND COMMODITY POOL OPERATORS.— The Secretary, in consultation with the Commodity Futures Trading Commission, may prescribe regula- tions requiring futures commission merchants, com- modity trading advisors, and commodity pool operators registered under the Commodity Exchange Act [7 U.S.C. 1 et seq.] to submit suspicious activity reports under section 5318(g) of title 31, United States Code.’’ REPORTS Pub. L. 103–325, title IV, § 403(b), Sept. 23, 1994, 108 Stat. 2246, provided that: ‘‘(1) REPORTS REQUIRED.—The Secretary of the Treas- ury shall submit an annual report to the Congress at the times required under paragraph (2) on the number of suspicious transactions reported to the officer or agency designated under section 5318(g)(4)(A) of title 31, United States Code, during the period covered by the report and the disposition of such reports. ‘‘(2) TIME FOR SUBMITTING REPORTS.—The 1st report required under paragraph (1) shall be filed before the end of the 1-year period beginning on the date of enact- ment of the Money Laundering Suppression Act of 1994 [Sept. 23, 1994] and each subsequent report shall be filed within 90 days after the end of each of the 5 calendar years which begin after such date of enactment.’’ DESIGNATION REQUIRED TO BE MADE EXPEDITIOUSLY Pub. L. 103–325, title IV, § 403(c), Sept. 23, 1994, 108 Stat. 2246, provided that: ‘‘The initial designation of an officer or agency of the United States pursuant to the amendment made by subsection (a) [amending this sec- tion] shall be made before the end of the 180-day period beginning on the date of enactment of this Act [Sept. 23, 1994].’’ IMPROVEMENT OF IDENTIFICATION OF MONEY LAUNDERING SCHEMES Pub. L. 103–325, title IV, § 404, Sept. 23, 1994, 108 Stat. 2246, provided that: ‘‘(a) ENHANCED TRAINING, EXAMINATIONS, AND REFER- RALS BY BANKING AGENCIES.—Before the end of the 6- month period beginning on the date of enactment of this Act [Sept. 23, 1994], each appropriate Federal bank- ing agency shall, in consultation with the Secretary of the Treasury and other appropriate law enforcement agencies— ‘‘(1) review and enhance training and examination procedures to improve the identification of money laundering schemes involving depository institu- tions; and ‘‘(2) review and enhance procedures for referring cases to any appropriate law enforcement agency. ‘‘(b) IMPROVED REPORTING OF CRIMINAL SCHEMES BY LAW ENFORCEMENT AGENCIES.—The Secretary of the Treasury and each appropriate law enforcement agency shall provide, on a regular basis, information regarding money laundering schemes and activities involving de- pository institutions to each appropriate Federal bank- ing agency in order to enhance each agency’s ability to examine for and identify money laundering activity. ‘‘(c) REPORT TO CONGRESS.—The Financial Institu- tions Examination Council shall submit a report on the progress made in carrying out subsection (a) and the usefulness of information received pursuant to sub- section (b) to the Congress by the end of the 1-year pe- riod beginning on the date of enactment of this Act. ‘‘(d) DEFINITION.—For purposes of this section, the term ‘appropriate Federal banking agency’ has the same meaning as in section 3 of the Federal Deposit In- surance Act [12 U.S.C. 1813].’’ § 5318A. Special measures for jurisdictions, finan- cial institutions, international transactions, or types of accounts of primary money laun- dering concern (a) INTERNATIONAL COUNTER-MONEY LAUN- DERING REQUIREMENTS.— (1) IN GENERAL.—The Secretary of the Treas- ury may require domestic financial institu- tions and domestic financial agencies to take 1 or more of the special measures described in subsection (b) if the Secretary finds that rea- sonable grounds exist for concluding that a ju- risdiction outside of the United States, 1 or more financial institutions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdic- tion outside of the United States, or 1 or more types of accounts is of primary money laun- dering concern, in accordance with subsection (c). (2) FORM OF REQUIREMENT.—The special measures described in— (A) subsection (b) may be imposed in such sequence or combination as the Secretary shall determine; (B) paragraphs (1) through (4) of subsection (b) may be imposed by regulation, order, or otherwise as permitted by law; and (C) subsection (b)(5) may be imposed only by regulation. (3) DURATION OF ORDERS; RULEMAKING.—Any order by which a special measure described in paragraphs (1) through (4) of subsection (b) is imposed (other than an order described in sec- tion 5326)— (A) shall be issued together with a notice of proposed rulemaking relating to the im- position of such special measure; and (B) may not remain in effect for more than 120 days, except pursuant to a rule promul- gated on or before the end of the 120-day pe- riod beginning on the date of issuance of such order. (4) PROCESS FOR SELECTING SPECIAL MEAS- URES.—In selecting which special measure or measures to take under this subsection, the Secretary of the Treasury— (A) shall consult with the Chairman of the Board of Governors of the Federal Reserve System, any other appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act) 1 the Sec- retary of State, the Securities and Exchange Commission, the Commodity Futures Trad- ing Commission, the National Credit Union Administration Board, and in the sole dis- cretion of the Secretary, such other agencies Page 468 TITLE 31—MONEY AND FINANCE § 5318A and interested parties as the Secretary may find to be appropriate; and (B) shall consider— (i) whether similar action has been or is being taken by other nations or multilat- eral groups; (ii) whether the imposition of any par- ticular special measure would create a sig- nificant competitive disadvantage, includ- ing any undue cost or burden associated with compliance, for financial institutions organized or licensed in the United States; (iii) the extent to which the action or the timing of the action would have a sig- nificant adverse systemic impact on the international payment, clearance, and set- tlement system, or on legitimate business activities involving the particular jurisdic- tion, institution, class of transactions, or type of account; and (iv) the effect of the action on United States national security and foreign pol- icy. (5) NO LIMITATION ON OTHER AUTHORITY.—This section shall not be construed as superseding or otherwise restricting any other authority granted to the Secretary, or to any other agency, by this subchapter or otherwise. (b) SPECIAL MEASURES.—The special measures referred to in subsection (a), with respect to a jurisdiction outside of the United States, finan- cial institution operating outside of the United States, class of transaction within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts are as follows: (1) RECORDKEEPING AND REPORTING OF CER- TAIN FINANCIAL TRANSACTIONS.— (A) IN GENERAL.—The Secretary of the Treasury may require any domestic finan- cial institution or domestic financial agency to maintain records, file reports, or both, concerning the aggregate amount of trans- actions, or concerning each transaction, with respect to a jurisdiction outside of the United States, 1 or more financial institu- tions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of ac- counts if the Secretary finds any such juris- diction, institution, class of transactions, or type of account to be of primary money laundering concern. (B) FORM OF RECORDS AND REPORTS.—Such records and reports shall be made and re- tained at such time, in such manner, and for such period of time, as the Secretary shall determine, and shall include such informa- tion as the Secretary may determine, in- cluding— (i) the identity and address of the par- ticipants in a transaction or relationship, including the identity of the originator of any funds transfer; (ii) the legal capacity in which a partici- pant in any transaction is acting; (iii) the identity of the beneficial owner of the funds involved in any transaction, in accordance with such procedures as the Secretary determines to be reasonable and practicable to obtain and retain the infor- mation; and (iv) a description of any transaction. (2) INFORMATION RELATING TO BENEFICIAL OWNERSHIP.—In addition to any other require- ment under any other provision of law, the Secretary may require any domestic financial institution or domestic financial agency to take such steps as the Secretary may deter- mine to be reasonable and practicable to ob- tain and retain information concerning the beneficial ownership of any account opened or maintained in the United States by a foreign person (other than a foreign entity whose shares are subject to public reporting require- ments or are listed and traded on a regulated exchange or trading market), or a representa- tive of such a foreign person, that involves a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdic- tion outside of the United States, or 1 or more types of accounts if the Secretary finds any such jurisdiction, institution, or transaction or type of account to be of primary money laundering concern. (3) INFORMATION RELATING TO CERTAIN PAY- ABLE-THROUGH ACCOUNTS.—If the Secretary finds a jurisdiction outside of the United States, 1 or more financial institutions oper- ating outside of the United States, or 1 or more classes of transactions within, or involv- ing, a jurisdiction outside of the United States to be of primary money laundering concern, the Secretary may require any domestic finan- cial institution or domestic financial agency that opens or maintains a payable-through ac- count in the United States for a foreign finan- cial institution involving any such jurisdic- tion or any such financial institution oper- ating outside of the United States, or a pay- able through account through which any such transaction may be conducted, as a condition of opening or maintaining such account— (A) to identify each customer (and rep- resentative of such customer) of such finan- cial institution who is permitted to use, or whose transactions are routed through, such payable-through account; and (B) to obtain, with respect to each such customer (and each such representative), in- formation that is substantially comparable to that which the depository institution ob- tains in the ordinary course of business with respect to its customers residing in the United States. (4) INFORMATION RELATING TO CERTAIN COR- RESPONDENT ACCOUNTS.—If the Secretary finds a jurisdiction outside of the United States, 1 or more financial institutions operating out- side of the United States, or 1 or more classes of transactions within, or involving, a juris- diction outside of the United States to be of primary money laundering concern, the Sec- retary may require any domestic financial in- stitution or domestic financial agency that opens or maintains a correspondent account in the United States for a foreign financial insti- tution involving any such jurisdiction or any Page 469 TITLE 31—MONEY AND FINANCE § 5318A such financial institution operating outside of the United States, or a correspondent account through which any such transaction may be conducted, as a condition of opening or main- taining such account— (A) to identify each customer (and rep- resentative of such customer) of any such fi- nancial institution who is permitted to use, or whose transactions are routed through, such correspondent account; and (B) to obtain, with respect to each such customer (and each such representative), in- formation that is substantially comparable to that which the depository institution ob- tains in the ordinary course of business with respect to its customers residing in the United States. (5) PROHIBITIONS OR CONDITIONS ON OPENING OR MAINTAINING CERTAIN CORRESPONDENT OR PAYABLE-THROUGH ACCOUNTS.—If the Secretary finds a jurisdiction outside of the United States, 1 or more financial institutions oper- ating outside of the United States, or 1 or more classes of transactions within, or involv- ing, a jurisdiction outside of the United States to be of primary money laundering concern, the Secretary, in consultation with the Sec- retary of State, the Attorney General, and the Chairman of the Board of Governors of the Federal Reserve System, may prohibit, or im- pose conditions upon, the opening or main- taining in the United States of a cor- respondent account or payable-through ac- count by any domestic financial institution or domestic financial agency for or on behalf of a foreign banking institution, if such cor- respondent account or payable-through ac- count involves any such jurisdiction or insti- tution, or if any such transaction may be con- ducted through such correspondent account or payable-through account. (c) CONSULTATIONS AND INFORMATION TO BE CONSIDERED IN FINDING JURISDICTIONS, INSTITU- TIONS, TYPES OF ACCOUNTS, OR TRANSACTIONS TO BE OF PRIMARY MONEY LAUNDERING CONCERN.— (1) IN GENERAL.—In making a finding that reasonable grounds exist for concluding that a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdic- tion outside of the United States, or 1 or more types of accounts is of primary money laun- dering concern so as to authorize the Sec- retary of the Treasury to take 1 or more of the special measures described in subsection (b), the Secretary shall consult with the Secretary of State and the Attorney General. (2) ADDITIONAL CONSIDERATIONS.—In making a finding described in paragraph (1), the Sec- retary shall consider in addition such informa- tion as the Secretary determines to be rel- evant, including the following potentially rel- evant factors: (A) JURISDICTIONAL FACTORS.—In the case of a particular jurisdiction— (i) evidence that organized criminal groups, international terrorists, or entities involved in the proliferation of weapons of mass destruction or missiles have trans- acted business in that jurisdiction; (ii) the extent to which that jurisdiction or financial institutions operating in that jurisdiction offer bank secrecy or special regulatory advantages to nonresidents or nondomiciliaries of that jurisdiction; (iii) the substance and quality of admin- istration of the bank supervisory and counter-money laundering laws of that ju- risdiction; (iv) the relationship between the volume of financial transactions occurring in that jurisdiction and the size of the economy of the jurisdiction; (v) the extent to which that jurisdiction is characterized as an offshore banking or secrecy haven by credible international or- ganizations or multilateral expert groups; (vi) whether the United States has a mu- tual legal assistance treaty with that ju- risdiction, and the experience of United States law enforcement officials and regu- latory officials in obtaining information about transactions originating in or rout- ed through or to such jurisdiction; and (vii) the extent to which that jurisdic- tion is characterized by high levels of offi- cial or institutional corruption. (B) INSTITUTIONAL FACTORS.—In the case of a decision to apply 1 or more of the special measures described in subsection (b) only to a financial institution or institutions, or to a transaction or class of transactions, or to a type of account, or to all 3, within or in- volving a particular jurisdiction— (i) the extent to which such financial in- stitutions, transactions, or types of ac- counts are used to facilitate or promote money laundering in or through the juris- diction, including any money laundering activity by organized criminal groups, international terrorists, or entities in- volved in the proliferation of weapons of mass destruction or missiles; (ii) the extent to which such institu- tions, transactions, or types of accounts are used for legitimate business purposes in the jurisdiction; and (iii) the extent to which such action is sufficient to ensure, with respect to trans- actions involving the jurisdiction and in- stitutions operating in the jurisdiction, that the purposes of this subchapter con- tinue to be fulfilled, and to guard against international money laundering and other financial crimes. (d) NOTIFICATION OF SPECIAL MEASURES IN- VOKED BY THE SECRETARY.—Not later than 10 days after the date of any action taken by the Secretary of the Treasury under subsection (a)(1), the Secretary shall notify, in writing, the Committee on Financial Services of the House of Representatives and the Committee on Bank- ing, Housing, and Urban Affairs of the Senate of any such action. (e) DEFINITIONS.—Notwithstanding any other provision of this subchapter, for purposes of this section and subsections (i) and (j) of section 5318, the following definitions shall apply: (1) BANK DEFINITIONS.—The following defini- tions shall apply with respect to a bank: Page 470 TITLE 31—MONEY AND FINANCE § 5318A 2 So in original. A second closing parenthesis probably should precede the comma. (A) ACCOUNT.—The term ‘‘account’’— (i) means a formal banking or business relationship established to provide regular services, dealings, and other financial transactions; and (ii) includes a demand deposit, savings deposit, or other transaction or asset ac- count and a credit account or other exten- sion of credit. (B) CORRESPONDENT ACCOUNT.—The term ‘‘correspondent account’’ means an account established to receive deposits from, make payments on behalf of a foreign financial in- stitution, or handle other financial trans- actions related to such institution. (C) PAYABLE-THROUGH ACCOUNT.—The term ‘‘payable-through account’’ means an ac- count, including a transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act), opened at a depository institu- tion by a foreign financial institution by means of which the foreign financial institu- tion permits its customers to engage, either directly or through a subaccount, in banking activities usual in connection with the busi- ness of banking in the United States. (2) DEFINITIONS APPLICABLE TO INSTITUTIONS OTHER THAN BANKS.—With respect to any fi- nancial institution other than a bank, the Sec- retary shall, after consultation with the ap- propriate Federal functional regulators (as de- fined in section 509 of the Gramm-Leach-Bliley Act), define by regulation the term ‘‘account’’, and shall include within the meaning of that term, to the extent, if any, that the Secretary deems appropriate, arrangements similar to payable-through and correspondent accounts. (3) REGULATORY DEFINITION OF BENEFICIAL OWNERSHIP.—The Secretary shall promulgate regulations defining beneficial ownership of an account for purposes of this section and sub- sections (i) and (j) of section 5318. Such regula- tions shall address issues related to an individ- ual’s authority to fund, direct, or manage the account (including, without limitation, the power to direct payments into or out of the ac- count), and an individual’s material interest in the income or corpus of the account, and shall ensure that the identification of individ- uals under this section or subsection (i) or (j) of section 5318 does not extend to any indi- vidual whose beneficial interest in the income or corpus of the account is immaterial. (4) OTHER TERMS.—The Secretary may, by regulation, further define the terms in para- graphs (1), (2), and (3), and define other terms for the purposes of this section, as the Sec- retary deems appropriate. (f) CLASSIFIED INFORMATION.—In any judicial review of a finding of the existence of a primary money laundering concern, or of the require- ment for 1 or more special measures with re- spect to a primary money laundering concern, made under this section, if the designation or imposition, or both, were based on classified in- formation (as defined in section 1(a) of the Clas- sified Information Procedures Act (18 U.S.C. App.),2 such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any find- ing made or any requirement imposed under this section. (Added Pub. L. 107–56, title III, § 311(a), Oct. 26, 2001, 115 Stat. 298; amended Pub. L. 108–177, title III, § 376, Dec. 13, 2003, 117 Stat. 2630; Pub. L. 108–458, title VI, § 6203(e), (f), Dec. 17, 2004, 118 Stat. 3747; Pub. L. 109–293, title V, § 501, Sept. 30, 2006, 120 Stat. 1350.) Editorial Notes REFERENCES IN TEXT Section 3 of the Federal Deposit Insurance Act, re- ferred to in subsec. (a)(4)(A), is classified to section 1813 of Title 12, Banks and Banking. Section 19(b)(1)(C) of the Federal Reserve Act, re- ferred to in subsec. (e)(1)(C), is classified to section 461(b)(1)(C) of Title 12, Banks and Banking. Section 509 of the Gramm-Leach-Bliley Act, referred to in subsec. (e)(2), is classified to section 6809 of Title 15, Commerce and Trade. Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (f), is section 1(a) of Pub. L. 96–456, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure. AMENDMENTS 2006—Subsec. (c)(2)(A)(i). Pub. L. 109–293, § 501(1), sub- stituted ‘‘or entities involved in the proliferation of weapons of mass destruction or missiles’’ for ‘‘or both,’’. Subsec. (c)(2)(B)(i). Pub. L. 109–293, § 501(2), inserted ‘‘, including any money laundering activity by orga- nized criminal groups, international terrorists, or enti- ties involved in the proliferation of weapons of mass destruction or missiles’’ before semicolon at end. 2004—Pub. L. 108–458, § 6203(e), amended section catch- line generally. Prior to amendment, catchline read as follows: ‘‘Special measures for jurisdictions, financial institutions, or international transactions of primary money laundering concern’’. Subsec. (a)(4)(A). Pub. L. 108–458, § 6203(f)(1), sub- stituted ‘‘(as defined in section 3 of the Federal Deposit Insurance Act)’’ for ‘‘, as defined in section 3 of the Federal Deposit Insurance Act,’’. Subsec. (a)(4)(B)(iii). Pub. L. 108–458, § 6203(f)(2), sub- stituted ‘‘class of transactions, or type of account’’ for ‘‘or class of transactions’’. Subsec. (b)(1)(A). Pub. L. 108–458, § 6203(f)(3), sub- stituted ‘‘class of transactions, or type of account to be’’ for ‘‘or class of transactions to be’’. Subsec. (e)(3). Pub. L. 108–458, § 6203(f)(4), inserted ‘‘or subsection (i) or (j) of section 5318’’ after ‘‘identifica- tion of individuals under this section’’. 2003—Subsec. (f). Pub. L. 108–177 added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–458 effective as if included in Pub. L. 107–56, as of the date of enactment of such Act, and no amendment made by Pub. L. 107–56 that is inconsistent with such amendment to be deemed to have taken effect, see section 6205 of Pub. L. 108–458, set out as a note under section 1828 of Title 12, Banks and Banking. DETERMINATION WITH RESPECT TO PRIMARY MONEY LAUNDERING CONCERN OF RUSSIAN ILLICIT FINANCE Pub. L. 116–283, div. H, title XCVII, § 9714(a)–(e), Jan. 1, 2021, 134 Stat. 4838, as amended by Pub. L. 117–81, div. F, title LXI, § 6106(b)(2), Dec. 27, 2021, 135 Stat. 2387, pro- vided that: Page 471 TITLE 31—MONEY AND FINANCE § 5320 ‘‘(a) DETERMINATION.—If the Secretary of the Treas- ury determines that reasonable grounds exist for con- cluding that one or more financial institutions oper- ating outside of the United States, or 1 or more classes of transactions within, or involving, a jurisdiction out- side of the United States, or 1 or more types of ac- counts within, or involving, a jurisdiction outside of the United States is of primary money laundering con- cern in connection with Russian illicit finance, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law— ‘‘(1) require domestic financial institutions and do- mestic financial agencies to take 1 or more of the special measures described in section 5318A(b) of title 31, United States Code; or ‘‘(2) prohibit, or impose conditions upon, certain transmittals of funds (to be defined by the Secretary) by any domestic financial institution or domestic fi- nancial agency, if such transmittal of funds involves any such institution, class of transaction, or type of account. ‘‘(b) CLASSIFIED INFORMATION.—In any judicial review of a finding of the existence of a primary money laun- dering concern, or of the requirement for 1 or more spe- cial measures with respect to a primary money laun- dering concern made under this section, if the designa- tion or imposition, or both, were based on classified in- formation (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.), such in- formation may be submitted by the Secretary to the reviewing court ex parte and in camera. This sub- section does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section. ‘‘(c) AVAILABILITY OF INFORMATION.—The exemptions from, and prohibitions on, search and disclosure pro- vided in section 5319 of title 31, United States Code, shall apply to any report or record of report filed pur- suant to a requirement imposed under subsection (a) of this section. For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of that sec- tion. ‘‘(d) PENALTIES.—The penalties provided for in sec- tions 5321 and 5322 of title 31, United States Code, that apply to violations of special measures imposed under section 5318A of title 31, United States Code, shall apply to violations of any order, regulation, special measure, or other requirement imposed under sub- section (a) of this section, in the same manner and to the same extent as described in sections 5321 and 5322. ‘‘(e) INJUNCTIONS.—The Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other require- ment imposed under subsection (a) of this section in the same manner and to the same extent as described in section 5320 of title 31, United States Code.’’ [Section 9714 of Pub. L. 116–283 consists of subsecs. (a) to (g). Subsecs. (a) to (e) are set out above. Subsecs. (f) and (g), formerly (b) and (c), are not classified to the Code.] ‘‘FEDERAL FUNCTIONAL REGULATOR’’ INCLUDES COMMODITY FUTURES TRADING COMMISSION For purposes of Pub. L. 107–56 and any amendment by Pub. L. 107–56, the term ‘‘Federal functional regulator’’ includes the Commodity Futures Trading Commission, see section 321(c) of Pub. L. 107–56, set out as a note under section 5318 of this title. § 5319. Availability of reports The Secretary of the Treasury shall make in- formation in a report filed under this subchapter available to an agency, including any State fi- nancial institutions supervisory agency, United States intelligence agency or self-regulatory or- ganization registered with the Securities and Exchange Commission or the Commodity Fu- tures Trading Commission, upon request of the head of the agency or organization. The report shall be available for a purpose that is con- sistent with this subchapter. The Secretary may only require reports on the use of such informa- tion by any State financial institutions super- visory agency for other than supervisory pur- poses or by United States intelligence agencies. However, a report and records of reports are ex- empt from search and disclosure under section 552 of title 5, and may not be disclosed under any State, local, tribal, or territorial ‘‘freedom of in- formation’’, ‘‘open government’’, or similar law. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 999; Pub. L. 102–550, title XV, § 1506, Oct. 28, 1992, 106 Stat. 4055; Pub. L. 107–56, title III, § 358(c), Oct. 26, 2001, 115 Stat. 326; Pub. L. 112–74, div. C, title I, § 119, Dec. 23, 2011, 125 Stat. 891; Pub. L. 116–283, div. F, title LXI, § 6109(b), Jan. 1, 2021, 134 Stat. 4561.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5319 ......... 31:1052(j). Oct. 26, 1970, Pub. L. 91–508, §§ 203(j), 212, 84 Stat. 1120, 1121. 31:1061. The words ‘‘upon such conditions and pursuant to such procedures as he may by regulation prescribe’’ and ‘‘set forth’’ in 31:1061, and the word ‘‘specifically’’ in 31:1052(j), are omitted as surplus. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘search and’’ before ‘‘disclosure’’. 2011—Pub. L. 112–74 inserted ‘‘, and may not be dis- closed under any State, local, tribal, or territorial ‘freedom of information’, ‘open government’, or similar law’’ after ‘‘section 552 of title 5’’. 2001—Pub. L. 107–56 reenacted section catchline with- out change and amended text generally. Prior to amendment, text read as follows: ‘‘The Secretary of the Treasury shall make information in a report filed under section 5313, 5314, or 5316 of this title available to an agency, including any State financial institutions supervisory agency, on request of the head of the agen- cy. The report shall be available for a purpose con- sistent with those sections or a regulation prescribed under those sections. The Secretary may only require reports on the use of such information by any State fi- nancial institutions supervisory agency for other than supervisory purposes. However, a report and records of reports are exempt from disclosure under section 552 of title 5.’’ 1992—Pub. L. 102–550 substituted ‘‘to an agency, in- cluding any State financial institutions supervisory agency,’’ for ‘‘to an agency’’ in first sentence and in- serted after second sentence ‘‘The Secretary may only require reports on the use of such information by any State financial institutions supervisory agency for other than supervisory purposes.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Amendment by 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 Title 12, Banks and Banking. § 5320. Injunctions When the Secretary of the Treasury believes a person has violated, is violating, or will violate