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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 15USC1681u]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER III--CREDIT REPORTING AGENCIES
Sec. 1681u. Disclosures to FBI for counterintelligence purposes
(a) Identity of financial institutions
Notwithstanding section 1681b of this title or any other provision
of this subchapter, a consumer reporting agency shall furnish to the
Federal Bureau of Investigation the names and addresses of all financial
institutions (as that term is defined in section 3401 of title 12) at
which a consumer maintains or has maintained an account, to the extent
that information is in the files of the agency, when presented with a
written request for that information, signed by the Director of the
Federal Bureau of Investigation, or the Director's designee, which
certifies compliance with this section. The Director or the Director's
designee may make such a certification only if the Director or the
Director's designee has determined in writing that--
(1) such information is necessary for the conduct of an
authorized foreign counterintelligence investigation; and
(2) there are specific and articulable facts giving reason to
believe that the consumer--
(A) is a foreign power (as defined in section 1801 of title
50) or a person who is not a United States person (as defined in
such section 1801 of title 50) and is an official of a foreign
power; or
(B) is an agent of a foreign power and is engaging or has
engaged in an act of international terrorism (as that term is
defined in section 1801(c) of title 50) or clandestine
intelligence activities that involve or may involve a violation
of criminal statutes of the United States.
(b) Identifying information
Notwithstanding the provisions of section 1681b of this title or any
other provision of this subchapter, a consumer reporting agency shall
furnish identifying information respecting a consumer, limited to name,
address, former addresses, places of employment, or former places of
employment, to the Federal Bureau of Investigation when presented with a
written request, signed by the Director or the Director's designee,
which certifies compliance with this subsection. The Director or the
Director's designee may make such a certification only if the Director
or the Director's designee has determined in writing that--
(1) such information is necessary to the conduct of an
authorized counterintelligence investigation; and
(2) there is information giving reason to believe that the
consumer has been, or is about to be, in contact with a foreign
power or an agent of a foreign power (as defined in section 1801 of
title 50).
(c) Court order for disclosure of consumer reports
Notwithstanding section 1681b of this title or any other provision
of this subchapter, if requested in writing by the Director of the
Federal Bureau of Investigation, or a designee of the Director, a court
may issue an order ex parte directing a consumer reporting agency to
furnish a consumer report to the Federal Bureau of Investigation, upon a
showing in camera that--
(1) the consumer report is necessary for the conduct of an
authorized foreign counterintelligence investigation; and
(2) there are specific and articulable facts giving reason to
believe that the consumer whose consumer report is sought--
(A) is an agent of a foreign power, and
(B) is engaging or has engaged in an act of international
terrorism (as that term is defined in section 1801(c) of title
50) or clandestine intelligence activities that involve or may
involve a violation of criminal statutes of the United States.
The terms of an order issued under this subsection shall not disclose
that the order is issued for purposes of a counterintelligence
investigation.
(d) Confidentiality
No consumer reporting agency or officer, employee, or agent of a
consumer reporting agency shall disclose to any person, other than those
officers, employees, or agents of a consumer reporting agency necessary
to fulfill the requirement to disclose information to the Federal Bureau
of Investigation under this section, that the Federal Bureau of
Investigation has sought or obtained the identity of financial
institutions or a consumer report respecting any consumer under
subsection (a), (b), or (c) of this section, and no consumer reporting
agency or officer, employee, or agent of a consumer reporting agency
shall include in any consumer report any information that would indicate
that the Federal Bureau of Investigation has sought or obtained such
information or a consumer report.
(e) Payment of fees
The Federal Bureau of Investigation shall, subject to the
availability of appropriations, pay to the consumer reporting agency
assembling or providing report or information in accordance with
procedures established under this section a fee for reimbursement for
such costs as are reasonably necessary and which have been directly
incurred in searching, reproducing, or transporting books, papers,
records, or other data required or requested to be produced under this
section.
(f) Limit on dissemination
The Federal Bureau of Investigation may not disseminate information
obtained pursuant to this section outside of the Federal Bureau of
Investigation, except to other Federal agencies as may be necessary for
the approval or conduct of a foreign counterintelligence investigation,
or, where the information concerns a person subject to the Uniform Code
of Military Justice, to appropriate investigative authorities within the
military department concerned as may be necessary for the conduct of a
joint foreign counterintelligence investigation.
(g) Rules of construction
Nothing in this section shall be construed to prohibit information
from being furnished by the Federal Bureau of Investigation pursuant to
a subpoena or court order, in connection with a judicial or
administrative proceeding to enforce the provisions of this subchapter.
Nothing in this section shall be construed to authorize or permit the
withholding of information from the Congress.
(h) Reports to Congress
On a semiannual basis, the Attorney General shall fully inform the
Permanent Select Committee on Intelligence and the Committee on Banking,
Finance and Urban Affairs of the House of Representatives, and the
Select Committee on Intelligence and the Committee on Banking, Housing,
and Urban Affairs of the Senate concerning all requests made pursuant to
subsections (a), (b), and (c) of this section.
(i) Damages
Any agency or department of the United States obtaining or
disclosing any consumer reports, records, or information contained
therein in violation of this section is liable to the consumer to whom
such consumer reports, records, or information relate in an amount equal
to the sum of--
(1) $100, without regard to the volume of consumer reports,
records, or information involved;
(2) any actual damages sustained by the consumer as a result of
the disclosure;
(3) if the violation is found to have been willful or
intentional, such punitive damages as a court may allow; and
(4) in the case of any successful action to enforce liability
under this subsection, the costs of the action, together with
reasonable attorney fees, as determined by the court.
(j) Disciplinary actions for violations
If a court determines that any agency or department of the United
States has violated any provision of this section and the court finds
that the circumstances surrounding the violation raise questions of
whether or not an officer or employee of the agency or department acted
willfully or intentionally with respect to the violation, the agency or
department shall promptly initiate a proceeding to determine whether or
not disciplinary action is warranted against the officer or employee who
was responsible for the violation.
(k) Good-faith exception
Notwithstanding any other provision of this subchapter, any consumer
reporting agency or agent or employee thereof making disclosure of
consumer reports or identifying information pursuant to this subsection
in good-faith reliance upon a certification of the Federal Bureau of
Investigation pursuant to provisions of this section shall not be liable
to any person for such disclosure under this subchapter, the
constitution of any State, or any law or regulation of any State or any
political subdivision of any State.
(l) Limitation of remedies
Notwithstanding any other provision of this subchapter, the remedies
and sanctions set forth in this section shall be the only judicial
remedies and sanctions for violation of this section.
(m) Injunctive relief
In addition to any other remedy contained in this section,
injunctive relief shall be available to require compliance with the
procedures of this section. In the event of any successful action under
this subsection, costs together with reasonable attorney fees, as
determined by the court, may be recovered.
(Pub. L. 90-321, title VI, Sec. 624, as added Pub. L. 104-93, title VI,
Sec. 601(a), Jan. 6, 1996, 109 Stat. 974.)
References in Text
This subchapter, referred to in subsec. (g), was in the original,
``this Act'' and was translated as reading ``this title'', meaning title
VI of Pub. L. 90-321, known as the Fair Credit Reporting Act, to reflect
the probable intent of Congress.
Change of Name
Committee on Banking, Finance and Urban Affairs of House of
Representatives treated as referring to Committee on Banking and
Financial Services of House of Representatives by section 1(a) of Pub.
L. 104-14, set out as a note preceding section 21 of Title 2, The
Congress.