15 U.S.C. § 1681u — Disclosures to FBI for counterintel-

Page 1617 TITLE 15—COMMERCE AND TRADE § 1681u Subsec. (b)(1)(K). Pub. L. 115–174, § 302(d)(2), added subpar. (K). 2003—Subsec. (a). Pub. L. 108–159, § 711(1), inserted ‘‘or for the prevention or mitigation of identity theft,’’ after ‘‘information on consumers,’’. Subsec. (b)(1)(E). Pub. L. 108–159, § 214(c)(2)(A), struck out ‘‘or’’ after semicolon at end. Subsec. (b)(1)(G). Pub. L. 108–159, § 151(a)(2), added subpar. (G). Subsec. (b)(1)(H). Pub. L. 108–159, § 214(c)(2)(B), added subpar. (H). Subsec. (b)(1)(I). Pub. L. 108–159, § 311(b), added sub- par. (I). Subsec. (b)(3), (4). Pub. L. 108–159, § 212(e), added pars. (3) and (4) and struck out former par. (3) which read as follows: ‘‘with respect to the form and content of any disclosure required to be made under section 1681g(c) of this title.’’ Subsec. (b)(5). Pub. L. 108–159, § 711(2), added par. (5). Subsec. (d). Pub. L. 108–159, § 711(3), substituted ‘‘(b) and (c)’’ for ‘‘(b) and (c)—’’, struck out par. (1) designa- tion before ‘‘do not affect’’, substituted ‘‘1996.’’ for ‘‘1996; and’’, and struck out par. (2) which read as fol- lows: ‘‘(2) do not apply to any provision of State law (in- cluding any provision of a State constitution) that— ‘‘(A) is enacted after January 1, 2004; ‘‘(B) states explicitly that the provision is intended to supplement this subchapter; and ‘‘(C) gives greater protection to consumers than is provided under this subchapter.’’ 1996—Subsec. (a). Pub. L. 104–208, § 2419(1), designated existing provisions as subsec. (a), inserted heading, and substituted ‘‘Except as provided in subsections (b) and (c), this subchapter’’ for ‘‘This subchapter’’. Subsecs. (b) to (d). Pub. L. 104–208, § 2419(2), added sub- secs. (b) to (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 301(b) of Pub. L. 115–174 effec- tive 120 days after May 24, 2018, see section 301(c) of Pub. L. 115–174, set out as a note under section 1681c–1 of this title. Amendment by section 302(d)(2) of Pub. L. 115–174 ef- fective 1 year after May 24, 2018, see section 302(e) of Pub. L. 115–174, set out as a note under section 1681a of this title. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–159 subject to joint regu- lations establishing effective dates as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see section 3 of Pub. L. 108–159, set out as a note under section 1681 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 effective 365 days after Sept. 30, 1996, with special rule for early compliance, see section 2420 of Pub. L. 104–208, set out as a note under section 1681a of this title. EFFECTIVE DATE Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title. § 1681u. Disclosures to FBI for counterintel- ligence purposes (a) Identity of financial institutions Notwithstanding section 1681b of this title or any other provision of this subchapter, a con- sumer reporting agency shall furnish to the Fed- eral Bureau of Investigation the names and ad- dresses of all financial institutions (as that term is defined in section 3401 of title 12) at which a consumer maintains or has maintained an ac- count, to the extent that information is in the files of the agency, when presented with a writ- ten request for that information that includes a term that specifically identifies a consumer or account to be used as the basis for the produc- tion of 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 head- quarters or a Special Agent in Charge of a Bu- reau 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 writ- ing, that such information is sought for the con- duct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an in- vestigation of a United States person is not con- ducted solely upon the basis of activities pro- tected by the first amendment to the Constitu- tion 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 ad- dresses, places of employment, or former places of employment, to the Federal Bureau of Inves- tigation when presented with a written request that includes a term that specifically identifies a consumer or account to be used as the basis for the production of that information, signed by the Director or the Director’s designee in a position not lower than Deputy Assistant Direc- tor 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 de- termined in writing that such information is sought for the conduct of an authorized inves- tigation to protect against international ter- rorism 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 amend- ment to the Constitution of the United States. (c) Court order for disclosure of consumer re- ports Notwithstanding section 1681b of this title or any other provision of this subchapter, if re- quested in writing by the Director of the Fed- eral 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, which shall include a term that specifically identifies a consumer or account to be used as the basis for the production of the in- formation, directing a consumer reporting agen- cy to furnish a consumer report to the Federal Bureau of Investigation, upon a showing in cam- era that the consumer report is sought for the Page 1618 TITLE 15—COMMERCE AND TRADE § 1681u conduct of an authorized investigation to pro- tect against international terrorism or clandes- tine 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 Con- stitution of the United States. The terms of an order issued under this subsection shall not dis- close that the order is issued for purposes of a counterintelligence investigation. (d) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subpara- graph (B) and notice of the right to judicial review under subsection (e) is provided, no consumer reporting agency that receives a request under subsection (a) or (b) or an order under subsection (c), or officer, em- ployee, or agent thereof, shall disclose or specify in any consumer report, that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a), (b), or (c). (B) Certification The requirements of subparagraph (A) shall apply if the Director of the Federal Bu- reau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau head- quarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this sub- section may result in— (i) a danger to the national security of the United States; (ii) interference with a criminal, counterterrorism, or counterintelligence investigation; (iii) interference with diplomatic rela- tions; or (iv) danger to the life or physical safety of any person. (2) Exception (A) In general A consumer reporting agency that receives a request under subsection (a) or (b) or an order under subsection (c), or officer, em- ployee, or agent thereof, may disclose infor- mation otherwise subject to any applicable nondisclosure requirement to— (i) those persons to whom disclosure is necessary in order to comply with the re- quest; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the Director of the Federal Bureau of Inves- tigation or the designee of the Director. (B) Application A person to whom disclosure is made under subparagraph (A) shall be subject to the non- disclosure requirements applicable to a per- son to whom a request under subsection (a) or (b) or an order under subsection (c) is issued in the same manner as the person to whom the request is issued. (C) Notice Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure require- ment shall inform the person of the applica- ble nondisclosure requirement. (D) Identification of disclosure recipients At the request of the Director of the Fed- eral Bureau of Investigation or the designee of the Director, any person making or in- tending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request. (e) Judicial review (1) In general A request under subsection (a) or (b) or an order under subsection (c) or a non-disclosure requirement imposed in connection with such request under subsection (d) shall be subject to judicial review under section 3511 of title 18. (2) Notice A request under subsection (a) or (b) or an order under subsection (c) shall include notice of the availability of judicial review described in paragraph (1). (f) 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 rea- sonably necessary and which have been directly incurred in searching, reproducing, or trans- porting books, papers, records, or other data re- quired or requested to be produced under this section. (g) Limit on dissemination The Federal Bureau of Investigation may not disseminate information obtained pursuant to this section outside of the Federal Bureau of In- vestigation, 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 ap- propriate investigative authorities within the military department concerned as may be nec- essary for the conduct of a joint foreign counter- intelligence investigation. (h) 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. (i) Reports to Congress (1) On a semiannual basis, the Attorney Gen- eral shall fully inform the Permanent Select Page 1619 TITLE 15—COMMERCE AND TRADE § 1681u Committee on Intelligence and the Committee on Banking, Finance and Urban Affairs of the House of Representatives, and the Select Com- mittee on Intelligence and the Committee on Banking, Housing, and Urban Affairs of the Sen- ate concerning all requests made pursuant to subsections (a), (b), and (c). (2) In the case of the semiannual reports re- quired to be submitted under paragraph (1) to the Permanent Select Committee on Intel- ligence 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 3106 of title 50. (j) Damages Any agency or department of the United States obtaining or disclosing any consumer re- ports, records, or information contained therein in violation of this section is liable to the con- sumer 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 con- sumer reports, records, or information in- volved; (2) any actual damages sustained by the con- sumer as a result of the disclosure; (3) if the violation is found to have been will- ful or intentional, such punitive damages as a court may allow; and (4) in the case of any successful action to en- force liability under this subsection, the costs of the action, together with reasonable attor- ney fees, as determined by the court. (k) Disciplinary actions for violations If a court determines that any agency or de- partment 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 respon- sible for the violation. (l) 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 reli- ance 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 constitu- tion of any State, or any law or regulation of any State or any political subdivision of any State. (m) Limitation of remedies Notwithstanding any other provision of this subchapter, the remedies and sanctions set forth in this section shall be the only judicial rem- edies and sanctions for violation of this section. (n) 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 ac- tion under this subsection, costs together with reasonable attorney fees, as determined by the court, may be recovered. (Pub. L. 90–321, title VI, § 626, formerly § 624, as added Pub. L. 104–93, title VI, § 601(a), Jan. 6, 1996, 109 Stat. 974; renumbered § 625 and amended Pub. L. 107–56, title III, § 358(g)(1)(A), title V, § 505(c), Oct. 26, 2001, 115 Stat. 327, 366; Pub. L. 107–306, title VIII, § 811(b)(8)(B), Nov. 27, 2002, 116 Stat. 2426; renumbered § 626, Pub. L. 108–159, title II, § 214(a)(1), Dec. 4, 2003, 117 Stat. 1980; Pub. L. 109–177, title I, § 116(b), Mar. 9, 2006, 120 Stat. 214; Pub. L. 109–178, § 4(c)(1), Mar. 9, 2006, 120 Stat. 280; Pub. L. 114–23, title V, §§ 501(c), 502(c), 503(c), June 2, 2015, 129 Stat. 282, 285, 290.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (h), 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 in- tent of Congress. PRIOR PROVISIONS A prior section 626 of Pub. L. 90–321 was renumbered section 627 and is classified to section 1681v of this title. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–23, § 501(c)(1), sub- stituted ‘‘that information that includes a term that specifically identifies a consumer or account to be used as the basis for the production of that information,’’ for ‘‘that information,’’. Subsec. (b). Pub. L. 114–23, § 501(c)(2), substituted ‘‘written request that includes a term that specifically identifies a consumer or account to be used as the basis for the production of that information,’’ for ‘‘written request,’’. Subsec. (c). Pub. L. 114–23, § 501(c)(3), inserted ‘‘, which shall include a term that specifically identi- fies a consumer or account to be used as the basis for the production of the information,’’ after ‘‘issue an order ex parte’’. Subsec. (d). Pub. L. 114–23, § 502(c), added subsec. (d) and struck out former subsec. (d) which related to con- fidentiality. Subsecs. (e) to (n). Pub. L. 114–23, § 503(c), added sub- sec. (e) and redesignated former subsecs. (e) to (m) as (f) to (n), respectively. 2006—Subsec. (d). Pub. L. 109–177 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘No consumer report- ing 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 Inves- tigation under this section, that the Federal Bureau of Investigation has sought or obtained the identity of fi- nancial 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 Inves- tigation has sought or obtained such information or a consumer report.’’ Subsec. (d)(4). Pub. L. 109–178 amended par. (4) gen- erally. Prior to amendment, par. (4) read as follows: ‘‘At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any Page 1620 TITLE 15—COMMERCE AND TRADE § 1681v person making or intending to make a disclosure under this section shall identify to the Director or such des- ignee the person to whom such disclosure will be made or to whom such disclosure was made prior to the re- quest, but in no circumstance shall a person be re- quired to inform the Director or such designee that the person intends to consult an attorney to obtain legal advice or legal assistance.’’ 2002—Subsec. (h). Pub. L. 107–306 designated existing provisions as par. (1) and added par. (2). 2001—Pub. L. 107–56, § 505(c), which directed amend- ment 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 re- numbering of section 624 as 625 by section 358(g)(1)(A) of Pub. L. 107–56. See below. Subsec. (a). Pub. L. 107–56, § 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 sub- stituted ‘‘in writing, that such information is sought for the conduct of an authorized investigation to pro- tect against international terrorism or clandestine in- telligence activities, provided that such an investiga- tion 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 con- sumer 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 inter- national terrorism or clandestine intelligence activi- ties that involve or may involve a violation of criminal statutes of the United States. Subsec. (b). Pub. L. 107–56, § 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 pro- tect against international terrorism or clandestine in- telligence activities, provided that such an investiga- tion 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 con- duct 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 con- tact with a foreign power or an agent of a foreign power. Subsec. (c). Pub. L. 107–56, § 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 inter- national terrorism or clandestine intelligence activi- ties, 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 Con- stitution of the United States.’’ for pars. (1) and (2) re- quiring 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 intel- ligence activities that involve or may involve a viola- tion of criminal statutes of the United States. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Com- mittee 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 Con- gress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Rep- resentatives, and jurisdiction over matters relating to securities and exchanges and insurance generally trans- ferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. EFFECTIVE DATE OF 2001 AMENDMENT Amendment by section 358(g)(1)(A) of Pub. L. 107–56 applicable with respect to reports filed or records main- tained 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. § 1681v. Disclosures to governmental agencies for counterterrorism purposes (a) Disclosure Notwithstanding section 1681b of this title or any other provision of this subchapter, a con- sumer reporting agency shall furnish a con- sumer report of a consumer and all other infor- mation in a consumer’s file to a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism when presented with a written certification by such government agency that such information is necessary for the agency’s conduct or such in- vestigation, activity or analysis and that in- cludes a term that specifically identifies a con- sumer or account to be used as the basis for the production of such information. (b) Form of certification The certification described in subsection (a) shall be signed by a supervisory official des- ignated by the head of a Federal agency or an officer of a Federal agency whose appointment to office is required to be made by the President, by and with the advice and consent of the Sen- ate. (c) Prohibition of certain disclosure (1) Prohibition (A) In general If a certification is issued under subpara- graph (B) and notice of the right to judicial review under subsection (d) is provided, no consumer reporting agency that receives a request under subsection (a), or officer, em- ployee, or agent thereof, shall disclose or specify in any consumer report, that a gov- ernment agency described in subsection (a) has sought or obtained access to information or records under subsection (a). (B) Certification The requirements of subparagraph (A) shall apply if the head of the government agency described in subsection (a), or a des- ignee, certifies that the absence of a prohibi- tion of disclosure under this subsection may result in—