Section 625 of the Fair Credit Reporting Act (FCRA).
The Fair Credit Reporting Act - Section 625
625. 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 exparte 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.
