datamatters24/research-document-archive huggingface dataset:
(b) DEADLINE TO PRESCRIBE MATTERS.—The Fed-
eral Trade Commission shall prescribe all matters required
by this title (including the amendments made by this title)
to be prescribed by that Commission, before the end of
the 300-day period beginning on the date of the enactment
of this Act.
SEC. 121. AMENDMENT TO FAIR DEBT COLLECTION PRAC-
TICES ACT.
Section 807(11) of the Fair Debt Collection Practices
Act (15 U.S.C. 1692e), relating to certain practices con-
stituting prohibited representations, is amended to read
as follows:
‘‘(11) The failure to disclose clearly, in any
written communication made to collect a debt or to
obtain information about a consumer, that the debt
collector is attempting to collect a debt and that any
information obtained will be used for that purpose,
except that this paragraph does not apply to a com-
munication—
‘‘(A) to acquire location information in ac-
cordance with section 804;
‘‘(B) made solely to acknowledge receipt of
monies or payments; or
‘‘(C) that consists solely of information re-
quested by the consumer or the consumer’s at-
torney.’’.
SEC. 122. FURNISHING CONSUMER REPORTS FOR CERTAIN
PURPOSES RELATING TO CHILD SUPPORT.
Section 604(a) of the Fair Credit Reporting Act (15
U.S.C. 1681b) is amended in subsection (a) (as designated
by section 103(a)(1) of this Act) by adding at the end
the following:
‘‘(4) In response to a request by the head of a
department, agency, or office of any State or any
political subdivision of any State that is responsible
under law for enforcing child support orders (or an
official authorized by the head of any such depart-
ment, agency, or office), if the person making the re-
quest certifies to the consumer reporting agency
that—
‘‘(A) the consumer report is needed to es-
tablish an individual’s capacity to make child
support payments, or to determine the appro-
priate level of such payments;
‘‘(B) the person has provided at least 10
days prior written notice to the consumer whose
report is requested, by certified or registered
mail to the last known address of the consumer,
that the report will be requested; and
‘‘(C) the consumer report obtained pursu-
ant to this paragraph will be kept confidential,
will be used solely for establishing child support
payment obligations, and will not be used in
connection with any other civil, administrative,
or criminal proceeding or for any other pur-
pose.’’.
SEC. 123. DISCLOSURE OF INFORMATION AND CONSUMER
REPORTS 
TO 
FBI 
FOR 
COUNTERINTEL-
LIGENCE PURPOSES.
(a) IN GENERAL.—The Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.) is amended by adding after sec-
tion 624, as redesignated by section 113(a) of this Act,
the following new section:
‘‘§ 625. Disclosures to FBI for counterintelligence
purposes
‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—Not-
withstanding section 604 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 sec-
tion 1101 of the Right to Financial Privacy Act of 1978)
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 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 Direc-
tor’s designee may make such a certification only if the
Director or the Director’s designee has determined in writ-
ing that—
‘‘(1) such information is necessary for the con-
duct of an authorized foreign counterintelligence in-
vestigation; and
‘‘(2) there are specific and articulable facts giv-
ing reason to believe that the consumer—
‘‘(A) is a foreign power (as defined in sec-
tion 101 of the Foreign Intelligence Surveil-
lance Act of 1978) or a person who is not a
United States person (as defined in such sec-
tion 101) and is an official of a foreign power;
or
‘‘(B) is an agent of a foreign power and is
engaging or has engaged in international terror-
ism (as that term is defined in section 101(c)
of the Foreign Intelligence Surveillance Act of
1978) 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 604 or any other provision of this
title, a consumer reporting agency shall furnish identifying
information respecting a consumer, limited to name, ad-
dress, former addresses, places of employment, or former
places of employment, to the Federal Bureau of Investiga-
tion when presented with a written request, signed by the
Director or the Director’s designee, which certifies compli-
ance 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—
‘‘(A) such information is necessary to the
conduct of an authorized counterintelligence in-
vestigation; and
‘‘(B) 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
101 of the Foreign Intelligence Surveillance Act
of 1978).
‘‘(c) COURT ORDER FOR DISCLOSURE OF CONSUMER
REPORTS.—Notwithstanding section 604 or any other
provision of this title, if requested in writing by the Direc-
tor of the Federal Bureau of Investigation, or a designee
of the Director, a court may issue an order ex parte direct-
ing 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 giv-
ing 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 inter-
national terrorism (as that term is defined in
section 101(c) of the Foreign Intelligence Sur-
veillance Act of 1978) or clandestine intel-
ligence 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 report-
ing 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 in-
formation 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 sub-
section (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 informa-
tion that would indicate that the Federal Bureau of Inves-
tigation 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 appropria-
tions, pay to the consumer reporting agency assembling
or providing reports or information in accordance with
procedures established under this section, a fee for reim-
bursement for such costs as are reasonably necessary and
which have been directly incurred in searching, reproduc-
ing, or transporting books, papers, records, or other data
required or requested to be produced under this section.
‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bu-
reau of Investigation may not disseminate information ob-
tained pursuant to this section outside of the Federal Bu-
reau of Investigation, except to the Department of Justice
as may be necessary for the approval or conduct of a for-
eign counterintelligence investigation, or, where the infor-
mation concerns a person subject to the Uniform Code of
Military Justice, to appropriate investigative authorities
within the military department concerned as may be nec-
essary for the conduct of a joint foreign counterintel-
ligence 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, or in connection
with a judicial or administrative proceeding to enforce the
provisions of this Act. Nothing in this section shall be con-
strued to authorize or permit the withholding or informa-
tion from the Congress.
‘‘(h) REPORTS
TO CONGRESS.—On a semiannual
basis, the Attorney General of the United States shall fully
inform the Permanent Select Committee on Intelligence
and the Committee on Banking, Finance and Urban Af-
fairs of the House of Representatives, and the Select Com-
mittee 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 re-
ports, records, or information contained therein in viola-
tion 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 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 attorney fees, as de-
termined 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 de-
termine 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 provi-
sions 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 politi-
cal subdivision of any State.
‘‘(l) LIMITATION
OF REMEDIES.—Notwithstanding
any other provision of this title, the remedies and sanc-
tions 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.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of the Fair Credit Reporting Act (15
‘‘(B) any person—
‘‘(i) who has extended credit to the
consumer; or
‘‘(ii) to whom the consumer has ap-
plied or is applying for an extension of
credit;
‘‘(3) make or use any untrue or misleading rep-
resentation of the services of the credit repair orga-
nization; or
‘‘(4) engage, directly or indirectly, in any act,
practice, or course of business that constitutes or re-
sults in the commission of, or an attempt to commit,
a fraud or deception on any person in connection
with the offer or sale of the services of the credit re-
pair organization.
‘‘(b) PAYMENT IN ADVANCE.—No credit repair orga-
nization may charge or receive any money or other valu-
able consideration for the performance of any service
which the credit repair organization has agreed to perform
for any consumer before such service is fully performed.
‘‘SEC. 405. DISCLOSURES.
‘‘(a) DISCLOSURE REQUIRED.—Any credit repair or-
ganization shall provide any consumer with the following
written statement before any contract or agreement be-
tween the consumer and the credit repair organization is
executed:
‘‘ ‘Consumer Credit File Rights
Under State and Federal Law
‘‘ ‘You have a right to dispute inaccurate information
in your credit report by contacting the credit bureau di-
rectly. However, neither you nor any ‘‘credit repair’’ com-
pany or credit repair organization has the right to have
accurate, current, and verifiable information removed
from your credit report. The credit bureau must remove
accurate, negative information from your report only if it
is over 7 years old. Bankruptcy information can be re-
ported for 10 years.
‘‘ ‘You have a right to obtain a copy of your credit
report from a credit bureau. You may be charged a rea-
sonable fee. There is no fee, however, if you have been
turned down for credit, employment, insurance, or a rental
dwelling because of information in your credit report with-
in the preceding 60 days. The credit bureau must provide
someone to help you interpret the information in your
credit file. You are entitled to receive a free copy of your
credit report if you are unemployed and intend to apply
for employment in the next 60 days, if you are a recipient
of public welfare assistance, or if you have reason to be-
100
lieve that there is inaccurate information in your credit
report due to fraud.
‘‘ ‘You have a right to sue a credit repair organization
that violates the Credit Repair Organization Act. This law
prohibits deceptive practices by credit repair organiza-
tions.
‘‘ ‘You have the right to cancel your contract with any
credit repair organization for any reason within 3 business
days from the date you signed it.
‘‘ ‘Credit bureaus are required to follow reasonable
procedures to ensure that the information they report is
accurate. However, mistakes may occur.
‘‘ ‘You may, on your own, notify a credit bureau in
writing that you dispute the accuracy of information in
your credit file. The credit bureau must then reinvestigate
and modify or remove inaccurate or incomplete informa-
tion. The credit bureau may not charge any fee for this
service. Any pertinent information and copies of all docu-
ments you have concerning an error should be given to
the credit bureau.
‘‘ ‘If the credit bureau’s reinvestigation does not re-
solve the dispute to your satisfaction, you may send a brief
statement to the credit bureau, to be kept in your file,
explaining why you think the record is inaccurate. The
credit bureau must include a summary of your statement
101
about disputed information with any report it issues about
you.
‘‘ ‘The Federal Trade Commission regulates credit
bureaus and credit repair organizations. For more infor-
mation contact:
‘‘‘The Public Reference Branch
‘‘‘Federal Trade Commission
‘‘‘Washington, D.C. 20580’.
‘‘(b) SEPARATE STATEMENT REQUIREMENT.—The
written statement required under this section shall be pro-
vided as a document which is separate from any written
contract or other agreement between the credit repair or-
ganization and the consumer or any other written material
provided to the consumer.
‘‘(c) RETENTION OF COMPLIANCE RECORDS.—
‘‘(1) IN GENERAL.—The credit repair organiza-
tion shall maintain a copy of the statement signed
by the consumer acknowledging receipt of the state-
ment.
‘‘(2) MAINTENANCE FOR 2 YEARS.—The copy
of any consumer’s statement shall be maintained in
the organization’s files for 2 years after the date on
which the statement is signed by the consumer.
107
(a)(2), the court shall consider, among other relevant fac-
tors—
‘‘(1) the frequency and persistence of non-
compliance by the credit repair organization;
‘‘(2) the nature of the noncompliance;
‘‘(3) the extent to which such noncompliance
was intentional; and
‘‘(4) in the case of any class action, the number
of consumers adversely affected.
‘‘SEC. 410. ADMINISTRATIVE ENFORCEMENT.
‘‘(a) IN GENERAL.—Compliance with the require-
ments imposed under this title with respect to credit repair
organizations shall be enforced under the Federal Trade
Commission Act by the Federal Trade Commission.
‘‘(b) VIOLATIONS OF THIS TITLE TREATED AS VIO-
LATIONS OF FEDERAL TRADE COMMISSION ACT.—
‘‘(1) IN GENERAL.—For the purpose of the ex-
ercise by the Federal Trade Commission of the Com-
mission’s functions and powers under the Federal
Trade Commission Act, any violation of any require-
ment or prohibition imposed under this title with re-
spect to credit repair organizations shall constitute
an unfair or deceptive act or practice in commerce
in violation of section 5(a) of the Federal Trade
Commission Act.
108
‘‘(2) ENFORCEMENT AUTHORITY UNDER OTHER
LAW.—All functions and powers of the Federal
Trade Commission under the Federal Trade Com-
mission Act shall be available to the Commission to
enforce compliance with this title by any person sub-
ject to enforcement by the Federal Trade Commis-
sion pursuant to this subsection, including the power
to enforce the provisions of this title in the same
manner as if the violation had been a violation of
any Federal Trade Commission trade regulation
rule, without regard to whether the credit repair or-
ganization—
‘‘(A) is engaged in commerce; or
‘‘(B) meets any other jurisdictional tests in
the Federal Trade Commission Act.
‘‘(c) STATE ACTION FOR VIOLATIONS.—
‘‘(1) AUTHORITY OF STATES.—In addition to
such other remedies as are provided under State
law, whenever the chief law enforcement officer of a
State, or an official or agency designated by a State,
has reason to believe that any person has violated or
is violating this title, the State—
‘‘(A) may bring an action to enjoin such
violation;
109
‘‘(B) may bring an action on behalf of its
residents to recover damages for which the per-
son is liable to such residents under section 409
as a result of the violation; and
‘‘(C) in the case of any successful action
under subparagraph (A) or (B), shall be award-
ed the costs of the action and reasonable attor-
ney fees as determined by the court.
‘‘(2) RIGHTS OF COMMISSION.—
‘‘(A) NOTICE TO COMMISSION.—The State
shall serve prior written notice of any civil ac-
tion under paragraph (1) upon the Federal
Trade Commission and provide the Commission
with a copy of its complaint, except in any case
where such prior notice is not feasible, in which
case the State shall serve such notice imme-
diately upon instituting such action.
‘‘(B) INTERVENTION.—The Commission
shall have the right—
‘‘(i) to intervene in any action re-
ferred to in subparagraph (A);
‘‘(ii) upon so intervening, to be heard
on all matters arising in the action; and
‘‘(iii) to file petitions for appeal.
110
‘‘(3) INVESTIGATORY
POWERS.—For purposes
of bringing any action under this subsection, nothing
in this subsection shall prevent the chief law enforce-
ment officer, or an official or agency designated by
a State, from exercising the powers conferred on the
chief law enforcement officer or such official by the
laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the
attendance of witnesses or the production of docu-
mentary and other evidence.
‘‘(4) 
LIMITATION.—Whenever 
the 
Federal
Trade Commission has instituted a civil action for
violation of this title, no State may, during the pend-
ency of such action, bring an action under this sec-
tion against any defendant named in the complaint
of the Commission for any violation of this title that
is alleged in that complaint.
‘‘SEC. 411. STATUTE OF LIMITATIONS.
‘‘Any action to enforce any liability under this title
may be brought before the later of—
‘‘(1) the end of the 2-year period beginning on
the date of the occurrence of the violation involved;
or
HR 562 EH
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that:
(1) Walnut Canyon National Monument was es-
tablished for the preservation and interpretation of
certain settlements and land use patterns associated
with the prehistoric Sinaguan culture of northern
Arizona.
(2) Major cultural resources associated with the
purposes of Walnut Canyon National Monument are
near the boundary and are currently managed under
multiple-use objectives of the adjacent national for-
est. These concentrations of cultural resources, often
referred to as ‘‘forts’’, would be more effectively
managed as part of the National Park System.
(b) PURPOSE.—The purpose of this Act is to modify
the boundaries of the Walnut Canyon National Monument
(hereafter in this Act referred to as the ‘‘national monu-
ment’’) to improve management of the national monument
and associated resources.
SEC. 3. BOUNDARY MODIFICATION.
Effective on the date of enactment of this Act, the
boundaries of the national monument shall be modified as
depicted on the map entitled ‘‘Boundary Proposal—Wal-
nut Canyon National Monument, Coconino County, Ari-
zona’’, numbered 360/80,010, and dated September 1994.
Such map shall be on file and available for public inspec-
HR 562 EH
tion in the offices of the Director of the National Park
Service, Department of the Interior. The Secretary of the
Interior, in consultation with the Secretary of Agriculture,
is authorized to make technical and clerical corrections to
such map.
SEC. 4. ACQUISITION AND TRANSFER OF PROPERTY.
The Secretary of the Interior is authorized to acquire
lands and interest in lands within the national monument,
by donation, purchase with donated or appropriated funds,
or exchange. Federal property within the boundaries of the
national monument (as modified by this Act) is hereby
transferred to the administrative jurisdiction of the Sec-
retary of the Interior for management as part of the na-
tional monument. Federal property excluded from the
monument pursuant to the boundary modification under
section 3 is hereby transferred to the administrative juris-
diction of the Secretary of Agriculture to be managed as
a part of the Coconino National Forest.
SEC. 5. ADMINISTRATION.
The Secretary of the Interior, acting through the Di-
rector of the National Park Service, shall manage the na-
tional monument in accordance with this Act and the pro-
visions of law generally applicable to units of the National
Park Service, including ‘‘An Act to establish a National
HR 562 EH
Park Service, and for other purposes’’ approved August
25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated such
sums as may be necessary to carry out this Act.
Passed the House of Representatives March 14,
1995.
Attest:
Clerk.