Fair Credit Reporting Act (FCRA)
§ 626. Disclosures to FBI for counterintelligence purposes [15 U.S.C. § 1681u]
(a) Identity of financial institutions. Notwithstanding section 604 [§ 1681b] or any other
provision of this title, 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 1101 of the Right to Financial Privacy Act of 1978 [12
U.S.C. § 3401]) 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 604 [§ 1681b] or
any other provision of this title, 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 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 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 604
[§ 1681b] or any other provision of this title, 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 of 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), 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 Act. 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).
(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 title, 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 title, 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 title, 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.
