article: SECTION 1. SHORT TITLE. This Act may be cited as the ``FBI Counterintelligence Act of 1994''. SEC. 2. DISCLOSURE OF INFORMATION AND CONSUMER REPORTS 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 section 623 the following new section: ``Sec. 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'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 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 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. ``(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 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 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 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 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 Director of the Federal Bureau of Investigation, or a 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 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 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 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 reports 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 the Department of Justice 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, or 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 or information 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 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.''. (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 beginning 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 AMENDMENTS 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 of the Fair Credit Reporting Act that were added to that Act by the amendments made by section 2 of this Act are repealed effective on the date of the enactment of the Consumer Reporting Reform Act of 1994. Passed the House of Representatives October 5, 1994. Attest: DONNALD K. ANDERSON, Clerk.
summary: FBI Counterintelligence Act of 1994 - Amends the Fair Credit Reporting Act to require a consumer reporting agency (agency) to furnish to the Federal Bureau of Investigation (FBI) the names and addresses of all financial institutions at which a consumer maintains or has maintained an account, to the extent that such information is in the agency's files, when presented with a written request signed by the Director of the FBI which certifies compliance with this Act. Permits the Director to make such certification only upon determining 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 is a foreign power or an official of a foreign power or an agent of a foreign power engaging in international terrorism or clandestine intelligence activities involving a violation of U.S. criminal statutes (clandestine activities). Requires an agency to furnish certain identifying information respecting a consumer to the FBI when presented with such a written request. Authorizes a court to issue an order ex parte directing an agency to furnish a consumer report to the FBI if requested in writing by the Director 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 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 international terrorism or clandestine activities. Sets forth provisions regarding: (1) confidentiality; (2) payment of fees; (3) limits on dissemination; (4) reporting requirements; (5) damages; (6) disciplinary actions for violations; (7) a good-faith exception (for an agency relying upon an FBI certification); (8) limitation of remedies; and (9) injunctive relief and costs. Terminates this Act five years after its enactment.