§ 1681u. — Disclosures to FBI for counterintelligence purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[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 in a
position not lower than Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge of a Bureau field office designated by the
Director, 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 such
information is sought for the conduct of an authorized investigation 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) 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 in a
position not lower than Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge of a Bureau field office designated by the
Director, 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 such
information is sought for the conduct of an authorized investigation 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.
(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 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, 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 the consumer report is
sought for the conduct of an authorized investigation 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. 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
(1) 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.
(2) In the case of the semiannual reports required to be submitted
under paragraph (1) to the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on Intelligence of
the Senate, the submittal dates for such reports shall be as provided in
section 415b of title 50.
(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. 625, formerly Sec. 624, as added Pub. L.
104-93, title VI, Sec. 601(a), Jan. 6, 1996, 109 Stat. 974; renumbered
Sec. 625 and amended Pub. L. 107-56, title III, Sec. 358(g)(1)(A), title
V, Sec. 505(c), Oct. 26, 2001, 115 Stat. 327, 366; Pub. L. 107-306,
title VIII, Sec. 811(b)(8)(B), Nov. 27, 2002, 116 Stat. 2426.)
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.
Amendments
2002--Subsec. (h). Pub. L. 107-306 designated existing provisions as
par. (1) and added par. (2).
2001--Pub. L. 107-56, Sec. 505(c), which directed amendment of
section 624 of the Fair Credit Reporting Act, was executed by making the
amendment to this section to reflect the probable intent of Congress and
the renumbering of section 624 as 625 by section 358(g)(1)(A) of Pub. L.
107-56. See below.
Subsec. (a). Pub. L. 107-56, Sec. 505(c)(1), inserted ``in a
position not lower than Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge of a Bureau field office designated by the
Director'' after ``Investigation, or the Director's designee'' and
substituted ``in writing, that such information is sought for the
conduct of an authorized investigation 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 pars. (1) and (2) requiring determination in
writing that the information requested is necessary for the conduct of
an authorized foreign counterintelligence investigation and that there
are specific and articulable facts giving reason to believe that the
consumer is a foreign power or a person who is not a United States
person and is an official of a foreign power, or that the consumer is an
agent of a foreign power and is engaging or has engaged in an act of
international terrorism or clandestine intelligence activities that
involve or may involve a violation of criminal statutes of the United
States.
Subsec. (b). Pub. L. 107-56, Sec. 505(c)(2), inserted ``in a
position not lower than Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge of a Bureau field office designated by the
Director'' after ``signed by the Director or the Director's designee''
and substituted ``in writing that such information is sought for the
conduct of an authorized investigation 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 pars. (1) and (2) requiring determination in
writing that the information requested is necessary to the conduct of an
authorized counterintelligence investigation and that 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.
Subsec. (c). Pub. L. 107-56, Sec. 505(c)(3), 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 ``designee of the Director'' and substituted ``in
camera that the consumer report is sought for the conduct of an
authorized investigation 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 pars. (1) and (2) requiring a showing in camera
that the consumer report is necessary for the conduct of an authorized
foreign counterintelligence investigation and there are specific and
articulable facts giving reason to believe that the consumer whose
consumer report is sought is an agent of a foreign power and is engaging
or has engaged in an act of international terrorism or in clandestine
intelligence activities that involve or may involve a violation of
criminal statutes of the United States.
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. Committee on Banking and Financial Services of House of
Representatives abolished and replaced by Committee on Financial
Services of House of Representatives, and jurisdiction over matters
relating to securities and exchanges and insurance generally transferred
from Committee on Energy and Commerce of House of Representatives by
House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
Effective and Termination Dates of 2001 Amendment
Amendments by title III of Pub. L. 107-56 to terminate effective on
and after the first day of fiscal year 2005 if Congress enacts a joint
resolution that such amendments no longer have the force of law, see
section 303 of Pub. L. 107-56, set out as a Four-Year Congressional
Review; Expedited Consideration note under section 5311 of Title 31,
Money and Finance.
Amendment by section 358(g)(1)(A) 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 12, Banks and Banking.
Section Referred to in Other Sections
This section is referred to in section 1681v of this title; title 50
section 415b.
