Sec
601. Short Title
602. Findings and Purpose
603. Definitions and rules of construction
604. Permissible purposes of reports.
605. Obsolete Information
606. Disclosure of investigation consumer reports
607. Compliance procedures
608. Disclosures to governmental agencies
609. Disclosure to consumers
610. Conditions of disclosure to consumers
611. Procedure in case of disputed accuracy
612. Charges for certain disclosures
613. Public record information for employment
purposes
614. Restriction on investigative consumer reports
615. Requirements on users of consumer reports
616. Civil liability for willful noncompliance
617. Civil liability for negligent noncompliance
618. Jurisdiction of courts: limitation of actions
619. Obtaining information under false pretenses
620. Unauthorized disclosures by officers or
employees
621. Administrative enforcement
622. Information on overdue child support
obligations
623. Relation to State Laws
624. Disclosures to FBI for counterintelligence
purposes |
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| § 601. Short title |
This Title may be cited
as the Fair Credit Reporting Act.
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| § 602. Findings and purpose |
(a) The
congress makes the following findings:
(1) The banking system is dependent upon fair and accurate credit
reporting. Inaccurate credit report directly undermine the public
confidence which is essential to the continued functioning of the
banking system.
(2) An elaborate mechanism has been developed for investigating and
evaluating the credit worthiness, credit standing, credit capacity,
character, and general reputation of consumer.
(3) Consumer reporting agencies have assumed a vital role in assembling
and evaluating consumer credit and other information on consumers.
(4) There is a need to insure that consumer reporting agencies exercise
their grave responsibilities with fairness, impartiality, and a respect
for the consumer's right to privacy.
(b) It is the purpose of this title to require that consumer reporting
agencies adopt reasonable procedures for meeting the needs of commerce
for consumer credit, personnel, insurance, and other information in a
manner which is fair and equitable to the consumer, with regard to the
confidentiality, accuracy, relevancy, and proper utilization of such
information in accordance with the requirements of this title.
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| § 603. Definitions and rules of construction |
(a) Definitions
and rules of construction set forth in this section are applicable for
the purposes of this title.
(b) The term 'person' means any individual, partnership, corporation,
trust estate, cooperative, association, government or governmental
subdivision or agency, or other entity.
(c)The term 'consumer' means an individual.
(d) The term 'consumer report' means any written, oral, or other
communication of any information by a consumer reporting agency bearing
on a consumer's credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics, or mode of
living which is used or expected to be used or collected in whole or in
part for the purpose of serving as a factor in establishing the
consumer's eligibility for (1) credit or insurance to be used primarily
for personal, family, or household purposes, or (2) employment
purposes, or (3) other purposes authorized under section 604. The term
does not include (A) any report containing information solely as to
transactions or experiences between the consumer and the person making
the report; (B) any authorization or approval of a specific extension
of credit directly or indirectly by the issuer of a credit card or
similar device; or (C) any report in which a person who has been
requested by a third party to make a specific extension of credit
directly or indirectly to a consumer conveys his decision with respect
to such request, if the third party advises the consumer of the name
and address of the person to whom the request the request was made and
such person makes the disclosure to the consumer required under section
615.
(e) The term 'investigative consumer report' means a consumer report or
portion thereof in which information on a consumer's character, general
reputation, personal characteristics, or mode of living is obtained
through personal interviews with neighbors, friends, or associates of
the consumer reported on or with others with whom he is acquainted or
who may have knowledge concerning any such items of information.
However, such information shall not include specific factual
information on a consumer's credit record obtained directly from a
creditor of the consumer or from a consumer reporting agency when such
information was obtained directly from a creditor of the consumer or
from the consumer.
(f)The term 'consumer reporting agency' means any person which, for
monetary fees, dues, or on a cooperative nonprofit basis, regularly
engages in whole or in part in the practice of assembling or evaluating
consumer reports to third parties, and which uses any means or facility
of interstate commerce for the preparing or furnishing consumer reports.
(g) The term 'file', when used in connection with information on any
consumer, means all of the information on that consumer recorded and
retained by a consumer reporting agency regardless of how the
information is stored.
(h) The term 'employment purposes' when used in connection with a
consumer report means a report used for the purpose of evaluating a
consumer for employment, promotion, reassignment or retention as an
employee.
(i)The term 'medical information 'means information or records
obtained, with the consent of the individual to whom it relates, from
licensed physicians or medical practitioners, hospitals, clinics, or
other medical or medically related facilities.
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| § 604. Permissible purposes of reports |
A consumer
reporting agency may furnish a consumer report under the following
circumstances and no other:
(1) In response to the order of a court having jurisdiction to issue
such an order, or a subpoena issued in connection with proceedings
before a Federal grand jury.
(2) In accordance with the written instructions of the consumer to whom
it relates.
(3) To a person which it has reason to believe-
(A) intends to use the information in connection with a credit
transaction involving the consumer on whom the information is to be
furnished and involving the extension of credit to, or review or
collection of an account of, the consumer; or
(B) intends to use the information for employment purposes; or
(C)intends to use the information in connection with the underwriting
of insurance involving the consumer; or
(D) intends to use the information in connection with a determination
of the consumer's eligibility for a license or other benefit granted by
a governmental instrumentality required by law to consider an
applicant's financial responsibility or status; or
(E) otherwise has a legitimate business need for the information in
connection with a business transaction involving the consume.
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| § 605. Obsolete information |
(a) Except as
authorized under subsection (b), no consumer reporting agency may make
any consumer report containing any of the following items of
information:
(1) Case under title 11 of the United States Code or under the
Bankruptcy Act that, from the date of entry of the order for relief or
the date of adjudication, as the cause may be, antedate the report by
more than 10 years.
(2) Suits and judgments which, from date of entry, antedate the report
by more than seven years or until the governing statute of limitations
has expired, whichever is the longer period.
(3) Paid tax liens which, from date of payment, antedate the report by
more than seven years.
(4) Accounts placed for collection or charged to profit and loss which
antedate the report by more than seven years.
(5) Records of arrest, indictment, or conviction of crime which, from
date of disposition, release, or parole, antedate the report by more
than seven years.
(6) Any other adverse item of information which antedates the report by
more than seven years.
(b) The provisions of subsection (a) are not applicable in the case of
any consumer credit report to be used in connection with-
(1) a credit transaction involving, or which may reasonably be expected
to involve, a principal amount of $50,000 or more;
(2) the underwriting of life insurance involving, or which may
reasonably be expected ot involve, a face amount of $50,000 or more; or
(3) the employment of any individual at an annual salary which equals,
or which may reasonably be expected to equal $20,000, or more.
20 U.S.C. 1080a(f)-Referencing Federally Guaranteed Student Loans
Not withstanding paragraphs (4) and (6) of subsection (a) of section
605 of the Fair Credit Reporting Act (15 U.S.C. §§ 1681c(a)(4),
(a)(6)), a consumer reporting agency may make a report containing
information received from the Secretary or a guaranty agency, eligible
lender, or subsequent holder regarding the status of a borrower's
defaulted account on a loan guaranteed under this part {20 USCS §§ 1071
et seq.} until-
* (1) 7 years from the date on which the Secretary or the agency paid a
claim to the holder on the guaranty,
* (2) 7 years from the date the Secretary, guaranty agency, eligible
lender, or subsequent holder first reported the account to the consumer
reporting agency; or
* (3) in the case of a borrower who reenters repayment after defaulting
on a loan and subsequently goes into default on such loan, 7 years from
the date the loan entered default such subsequent time.
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| § 606. Disclosure of investigative consumer reports |
(a) A person may
not procure or cause to be prepared an investigative consumer report on
any consumer unless-
(1) it is clearly and accurately disclosed to the consumer that an
investigative consumer report including information as to his
character, general reputation, personal characteristics, and mode of
living, whichever are applicable, may be made, and such disclosure (A)
is made in a writing mailed, or otherwise delivered, to the consumer,
not later than three days after the date on which the report was first
requested , and (B) includes a statement informing the consumer of his
right to request the additional disclosures provided for under
subsection (b) of this section; or
(2) the report is to be used for employment purposes for which the
consumer has no specifically applied.
(b) Any person who procures or causes to be prepared an investigative
consumer report on any consumer shall, upon written request made by the
consumer within a reasonable period of time after the receipt by him of
the disclosure required by subsection (a)(1), shall make a complete and
accurate disclosure of the nature and scope of the investigation
requested. This Disclosure shall be made in a writing mailed, or
otherwise delivered, to the consumer not later than five days after the
date on which the request for such disclosure was received from the
consumer or such report was first requested, whichever is the later.
(c) No person may be held liable for any violation of subsection (a) or
(b) of this section if he shows by a preponderance of the evidence that
at the time of the violation he maintained reasonable procedures to
assure compliance with subsection (a) or (b).
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| § 607. Compliance procedures |
(a) Every
consumer reporting agency shall maintain reasonable procedures designed
to avoid violations of section 605 and to limit the furnishing of
consumer reports to the purposes listed under section 604. These
procedures shall require that prospective users of the information
identify themselves, certify the purposes for which the information is
sought, and certify that the information will be used for no other
purpose. Every consumer reporting agency shall make a reasonable effort
to verify the identity of a new prospective user and the uses certified
by such prospective user prior to furnishing such user a consumer
report. No consumer reporting agency may furnish a consumer report to
any person if it has reasonable grounds for believing that the consumer
report will not be used for a purpose listed in section 604.
(b) Whenever a consumer reporting agency prepares a consumer report it
shall follow reasonable procedures to assure maximum possible accuracy
of the information concerning the individual about whom the report
relates.
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| § 608. Disclosures to governmental agencies |
Notwithstanding
the provisions of section 604, a consumer reporting agency may furnish
identifying information respecting any consumer, limited to his name,
address, former addresses, places of employment, or former places of
employment, to a governmental agency.
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| § 609. Disclosures to consumers |
(a) Every
consumer reporting agency shall, upon request and proper identification
of any consumer, clearly and accurately disclose to the consumer:
(1) The nature and substance of all information (except medical
information) in its files on the consumer at the time of the request.
(2) The sources of the information; except that the sources of
information acquired solely for use in preparing an investigative
consumer report and actually used for no other purpose need not be
disclosed: Provided, That in the event an action is brought under this
title, such sources shall be available to lthe plaintiff under
appropriate discovery procedures in the court in which the action is
brought.
(3) The recipients of any consumer report on the consumer which it has
furnished-
(A) for employment purposes within the two-year period preceding the
request, and
(B) for any other purpose within the six-month period preceding the
request.
(4) The dates, original payees, and amounts of any checks upon which is
based any adverse characterization of the consumer, included in the
file at the time of the disclosure.
(b) The requirements of subsection (a) respecting the disclosure of
sources of information and the recipients of consumer reports do not
apply to information received or consumer reports furnished prior to
the effective date of this title except to the extent that the matter
involved is contained in the files of the consumer reporting agency on
that date.
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| § 610. Conditions of disclosure to consumers |
(a) A consumer
reporting agency shall make the disclosures required under section 609
during normal business hours and on reasonable notice.
(b) The disclosures required under section 609 shall be made to the
consumer-
(1) in person if he appears in person and furnishes proper
identification; or
(2) by telephone if he has made a written request, with proper
identification, for telephone disclosure and the toll charge, if any,
for the telephone call is prepaid by or charged directly to the
consumer.
(c) Any consumer reporting agency shall provide trained personnel to
explain to the consumer any information furnished to him pursuant to
section 609.
(d) The consumer shall be permitted to be accompanied by one other
person of his choosing, who shall furnish reasonable identification. A
consumer reporting agency may required the consumer to furnish a
written statement granting permission to the consumer reporting agency
to discuss the consumer's file in such person's presence.
(e) Except as provided in sections 616 and 617, no consumer may bring
any action or proceeding in the nature of defamation, invasion of
privacy, or negligence with respect to the reporting of information
against any consumer reporting agency, any user of information, or any
person who furnishes information to a consumer reporting agency, based
on information disclosed pursuant to sections 609, 610 or 615, except
as to false information furnished with malice willful intent to injure
such consumer.
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| § 611. Procedure in case of disputed accuracy |
(a) If the
completeness or accuracy of any item of information contained in his
file is disputed by a consumer, and such dispute is directly conveyed
to the consumer reporting agency by the consumer, the consumer
reporting agency shall within a reasonable period of time reinvestigate
and record the current status of that information unless it has
reasonable grounds to believe that the dispute by the consumer is
frivolous or irrelevant. If after such reinvestigation such information
is found to be inaccurate or can no longer be verified, the consumer
reporting agency shall promptly delete such information. The presence
of contradictory information in the consumer's file does not in and of
itself constitute reasonable grounds for believing the dispute is
frivolous or irrelevant.
(b) If the reinvestigation does not resolve the dispute, the consumer
may file a brief statement setting forth the nature of the dispute. The
consumer reporting agency may limit such statement to not more than one
hundred words if it provides the consumer with assistance in writing a
clear summary of the dispute.
(c) Whenever a statement of a dispute is filed, unless there is
reasonable grounds to believe that it is frivolous or irrelevant, the
consumer reporting agency shall, in any subsequent consumer report
containing the information in question, clearly note that it is
disputed by the consumer and provide either the consumer's statement or
a clear and accurate codification or summary thereof.
(d) Following any deletion of information which is found to be
inaccurate or whose accuracy can no longer be verified or any notation
as to disputed information, the consumer reporting agency shall, at the
request of the consumer, furnish notification that the item has been
deleted or the statement, codification or summary pursuant to
subsection (b) or (c) to any person specifically designated by the
consumer who has within two years prior thereto received a consumer
report for employment purposes, or within six months prior thereto
received a consumer report for any other purpose, which contained the
deleted or disputed information. The consumer reporting agency shall
clearly and conspicuously disclose to the consumer his rights to make
such a request. Such disclosure shall be made at or prior to the time
the information is deleted or the consumer's statement regarding the
disputed information is received.
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| § 612. Charges for certain disclosures |
A consumer
reporting agency shall make all disclosures pursuant to section 609 and
furnish all consumer reports pursuant to section 611(d) without charge
to the consumer if, within thirty days after receipt by such consumer
of a notification pursuant to section 615 or notification from a debt
collection agency affiliated with such consumer reporting agency
stating that the consumer's credit rating may be or has been adversely
affected, the consumer makes a request under section 609 or 611(d).
Otherwise, the consumer reporting agency may impose a reasonable charge
on the consumer for making disclosure to such consumer pursuant to
section 609, the charge for which shall be indicated to the consumer
prior to making disclosure; and for furnishing notifications,
statements, summaries, or codifications to person designated by the
consumer pursuant to section 611(d), the charge for which shall be
indicated to the consumer prior to furnishing such information and
shall not exceed the charge that the consumer reporting agency would
impose on each designated recipient for a consumer report except that
no charge may be made for notifying such persons of the deletion of
information which is found to be inaccurate or which can no longer
verified.
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| § 613. Public record information for employment purpose |
A consumer
reporting agency which furnishes a consumer report for employment
purposes and which for that purpose compiles and reports items of
information on consumers which are matters of public record and are
likely to have an adverse effect upon a consumer's ability to obtain
employment shall-
(1) at the time such public record information is reported to the user
of such consumer report, notify the consumer of the fact that public
record information is being reported by the consumer reporting agency,
together with the name and address of the person to whom such
information is being reported; or
(2) maintain strict procedures designed to insure that whenever public
record information which is likely to have an adverse effect on a
consumer's ability to obtain employment is reported it is complete and
up to date. For purposes of this paragraph, items of public record
relating to arrests, indictment, conviction, suits, tax liens, and
outstanding judgments shall be considered up to date if the current
public record status of the item at the time of the report is reported.
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| § 614. Restrictions on investigative consumer report |
Whenever a
consumer reporting agency prepares an investigative consumer report, no
adverse information in the consumer report (other than information
which is a matter of public record) may be included in a subsequent
consumer report unless such adverse information has been verified in
the process of making such subsequent consumer report, or the adverse
information was received within the three-month period preceding the
date the subsequent report is furnished.
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| § 615. Requirement on users of consumer report |
(a) Whenever
credit or insurance for personal, family, or household purposes, or
employment involving a consumer is denied or the charge for such credit
or insurance is increased either wholly or partly because of
information contained in a consumer report from a consumer reporting
agency, the user of the consumer report shall so advise the consumer
against whom such adverse action has been taken and supply the name and
address of the consumer reporting agency making the report.
(b) Whenever credit for personal, family, or household purposes
involving a consumer is denied or the charge for such credit is
increased either wholly or partly because of information obtained from
a person other than a consumer reporting agency bearing upon the
consumer's credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics, or mode of
living, the user of such information shall, within a reasonable period
of time, upon the consumer's written request for the reasons for such
adverse action received within sixty days after learning of such
adverse action, disclose the nature of the information to the consumer.
The user of such information shall clearly and accurately disclose to
the consumer his right to make such written request at the time such
adverse action is communicated to the consumer.
(c) No person shall be held liable for any violation of this section if
he shows by a preponderance of the of the evidence that at the time of
alleged violation he maintained reasonable procedures to assure
compliance with the provisions of subsections (a) and (b).
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| § 616. Civil liability for willful noncompliance |
Any consumer
reporting agency or user of information which willfully fails to comply
with any requirement imposed under this title with respect to any
consumer is liable to that consumer in an amount equal to the sum of-
(1) any actual damages sustained by the consumer as a result of the
failure;
(2) such amount of punitive damages as the court may allow; and
(3) in the case of any successful action to enforce any liability under
this section, the costs of the action together with reasonable
attorney's fees as determined by the court.
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| § 617. Civil liability for negligent noncompliance |
Any consumer
reporting agency or user of information which is negligent in failing
to comply with any requirement imposed under this title with respect to
any consumer is liable to that consumer in an amount equal to the sum
of-
(1) any actual damages sustained by the consumer as a result of the
failure;
(2) in the case of any successful action to enforce any liability under
this section, the costs of the action together with reasonable
attorney's fees as determined by the court.
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| § 618. Jurisdiction of courts; limitation of actions |
An action to
enforce any liability created under this title may be brought in any
appropriate United States district court without regard to the amount
in controversy, or in any other court of competent jurisdiction, within
two years from the date on which the liability arises, except that
where a defendant has materially and willfully misrepresented any
information required under this title to be disclosed to an individual
and the information so misrepresented is material to the establishment
of the defendant's liability to that individual under this title, the
action may be brought at any time within two years after discovery by
the individual of the misrepresentation.
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| § 619. Obtaining information under false pretenses |
Any person who
knowingly and willfully obtains information on a consumer from a
consumer reporting agency under false pretenses shall be fined not more
than $5,000 or imprisoned not more than one year, or both.
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| § 620. Unauthorized disclosures by officers or employees |
Any officer or
employee of a consumer reporting agency who knowingly and willfully
provides information concerning an individual from the agency's files
to a person not authorized to receive that information shall be fined
not more than $5,000 or imprisoned not more than one year, or both.
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| § 621. Administrative enforcement |
(a) Compliance
with the requirements imposed under this title shall be enforced under
the Federal Trade Commission Act by the Federal Traded Commission with
respect to consumer reporting agencies and all other persons subject
thereto, except to the extent that enforcement of the requirements
imposed under this title is specifically committed to some other
government agency under subsection (b) hereof. For the purpose of the
exercise by the Federal Trade Commission of its functions and powers
under the Federal Trade Commission Act, a violation of any requirement
or prohibition imposed under this title shall constitute an unfair or
deceptive act or practice in commerce in violation of section 5(a) of
the Federal Trade Commission Act and shall be subject to enforcement by
the Federal Trade Commission under section 5(b) thereof with respect to
any consumer reporting agency or person subject to enforcement by the
Federal Trade Commission pursuant to this subsection, irrespective of
whether that person is engaged in commerce or meets any other
jurisdictional tests in the Federal Trade Commission Act. The Federal
Trade Commission shall have such procedural, investigative, and
enforcement powers, including the power to issue procedural rules in
enforcing compliance with the requirements imposed under this title and
the appearance of witnesses as though the applicable terms and
conditions of the Federal Trade Commission Act were part of this title.
Any person violating any of the provisions of this title shall be
subject to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act as though the applicable
terms and provisions thereof were part of this title.
(b) Compliance with the requirement imposed under this title with
respect to consumer reporting agencies and persons who use consumer
reports from such agencies shall be enforced
(1) section 8 of the Federal Deposit Insurance Act, in the case of:
(A) national banks, by the Comptroller of the Currency;
(B) member banks of the Federal Reserve System (other than national
banks), by the Federal Reserve Board; and
(C) banks insured by the Federal Deposit Insurance Corporation (other
than members of the Federal Reserve System), by the Board of Directors
of the Federal Deposit Insurance Corporation;
(2) section 8 of the Federal Deposit Insurance Act (12 USCS § 1818), by
the Director of the Office of Thrift Supervision, in the case of a
savings association the deposits of which are insured by the Federal
Deposit Insurance Corporation;
(3) the Federal Credit Union Act, by the Administrator of the National
Credit Union Administration with respect to any Federal credit union;
(4) the Acts to regulate commerce, by the Secretary of Transportation,
with respect to any air carrier subject to the jurisdiction of the
Surface |Transportation Board.
(5) the Federal Aviation Act of 1958, by the Civil Aeronautics Board
with respect to any air carrier or foreign air carrier subject to that
Act; and
(6) The Packers and Stockyards Act, 1912 (except as provided in section
406 of that Act), by the Secretary of Agriculture with respect to any
activities subject to that Act.
(c) For the purpose of the exercise by any agency referred to in
subsection (b) of its powers under any Act referred to in that
subsection, a violation of any requirements imposed under this title
shall be deemed to be a violation of a requirement imposed under that
Act. In addition to its powers under any provision of law specifically
referred to in subsection (b), each of the agencies referred to in that
subsection may exercise for the purpose of enforcing compliance with
any requirement imposed under this title any other authority conferred
on it by law.
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| § 622. Information on overdue child support obligations |
Notwithstanding
any other provision of this title (15 USCS §§ 1681 et seq.), a consumer
reporting agency shall include in any consumer report furnished by the
agency in accordance with section 604 (15 USCS §1681b), any information
on the failure of the consumer to pay overdue support which-
(1)is provided-
* (A) to the consumer reporting agency by a State or local child
support enforcement agency; or
* (B) to the consumer reporting agency and verified by any local,
State, or Federal Government agency; and
(2)antedates the report by 7 years or less.
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| § 623. Relation to State laws |
This title does
not annul, alter, affect, or exempt any person subject to the
provisions of this title from complying with the laws of any State with
respect to the collection, distribution, or use of any information on
consumers, except to the extent that those law are inconsistent with
any provision of this title, and then only to the extent of the
inconsistency.
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| § 624. Disclosures to FBI for counterintelligence
purposes |
(a) Identity of
Financial Institutions. Notwithstanding 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 section 1101 of The
Right to Financial Privacy Act of 1978) 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, which certifies compliance
with this section. The Director or the Director' 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 for the conduct of an authorized
foreign counterintelligence investigation; and
(2) there are specific and articulable facts giving reason to believe
that the consumer-
(A) is a foreign power (as defined in section 101 of The Foreign
Intelligence Surveillance Act of 1978) or a person who is not a United
States person (as defined in such section 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
act if international terrorism (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 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, address, former address, 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'
designee, which certifies compliance with the subsection. The Director
or the Director's designee may take such a certification only if the
Director or the Director's designee has determined in writing that-
(1) such information is necessary to the conduct of an authorized
counterintelligence investigation; and
(2) there is information giving reason to believe that the consumer has
been, or is about to be, in contact with the 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 Director of the Federal Bureau of Investigation, or
designee of 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 a 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 giving 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 act of international terrorism (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. 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 that those officers, employees, or agents of a consumer reporting
agency necessary to fulfill the requirement to disclose information to
the Federal Bureau Investigation under this section, that the Federal
Bureau of Investigation has sought or obtained the identity of
financial institutions or consumer report respecting any consumer under
the 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
investigations.
(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 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 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 for 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 this provisions of
this section shall not be liable to any person for such disclosure
under this title, the constitution of any state, or any laws or
regulation of any state or any political 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 sanction 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 covered.".
This section 624 was added by amendment effective on January 6,
1996.This section 624 was added by amendment effective on January 6,
1996.
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