I
104TH CONGRESS
1ST SESSION
H. R. 68
To amend the Fair Credit Reporting Act to provide for disclosures by
consumer reporting agencies to the Federal Bureau of Investigation
for counterintelligence purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. BEREUTER (for himself and Mr. COMBEST) introduced the following bill;
which was referred to the Committee on Banking and Financial Services
A BILL
To amend the Fair Credit Reporting Act to provide for
disclosures by consumer reporting agencies to the Fed-
eral Bureau of Investigation for counterintelligence pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘FBI Counterintel-
ligence Act of 1995’’.
SEC. 2. DISCLOSURE OF INFORMATION AND CONSUMER RE-
PORTS TO FBI FOR COUNTERINTELLIGENCE
PURPOSES.
(a) IN GENERAL.—The Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.) is amended by adding after sec-
tion 623 the following new section:
‘‘§ 624. 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—
‘‘(1) such information is necessary to the con-
duct of an authorized counterintelligence investiga-
tion; and
‘‘(2) there is information giving reason to be-
lieve that the consumer has been, or is about to be,
in contact with a foreign power or an agent of a for-
eign 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
‘‘(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 and Financial Services 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 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
U.S.C. 1681a et seq.) is amended by adding after the item
relating to section 623 the following:
‘‘624. Disclosures to FBI for counterintelligence purposes.’’.
(c) REPEAL OF PROVISIONS.—
(1) REPEAL.—The following provisions of the
Fair Credit Reporting Act, as added by this section,
are repealed:
(A) Section 624.
(B) In the table of contents at the begin-
ning of the Fair Credit Reporting Act, the item
relating to section 624.
(2) EFFECTIVE
DATE.—Paragraph (1) shall
take effect on the date that is 5 years after the date
of the enactment of this Act.
SEC. 3. LIMITATION ON APPLICATION OF SECTION 2 AND
REPEAL OF ANY AMENDMENT MADE.
Section 2 shall not have any legal effect after the date
of the enactment of the Consumer Reporting Reform Act
of 1994. Any provisions the Fair Credit Reporting Act
that were added to that Act by the amendments made by
section 3 of this Act are repealed effective on the date
of the enactment of the Consumer Reporting Reform Act
of 1994.
Section 3 is only necessary to deal with any concur-
rent enactment of similar provision in another bill, as was
potentially the case in the 103d Congress with the com-
prehensive amendments that would have been made to
FCRA by the Consumer Report Reform Act of 1994.
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