U.S Code last checked for updates: May 26, 2024
§ 1681u.
Disclosures to FBI for counterintelligence purposes
(a)
Identity of financial institutions
(b)
Identifying information
(c)
Court order for disclosure of consumer reports
(d)
Prohibition of certain disclosure
(1)
Prohibition
(A)
In general
(B)
Certification
The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in—
(i)
a danger to the national security of the United States;
(ii)
interference with a criminal, counterterrorism, or counterintelligence investigation;
(iii)
interference with diplomatic relations; or
(iv)
danger to the life or physical safety of any person.
(2)
Exception
(A)
In general
A consumer reporting agency that receives a request under subsection (a) or (b) or an order under subsection (c), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to—
(i)
those persons to whom disclosure is necessary in order to comply with the request;
(ii)
an attorney in order to obtain legal advice or assistance regarding the request; or
(iii)
other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.
(B)
Application
(C)
Notice
(D)
Identification of disclosure recipients
(e)
Judicial review
(1)
In general
(2)
Notice
(f)
Payment of fees
(g)
Limit on dissemination
(h)
Rules of construction
(i)
Reports to Congress
(1)
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).
(2)
In the case of the semiannual reports required to be submitted under paragraph (1) to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, the submittal dates for such reports shall be as provided in section 3106 of title 50.
(j)
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.
(k)
Disciplinary actions for violations
(l)
Good-faith exception
(m)
Limitation of remedies
(n)
Injunctive relief
(Pub. L. 90–321, title VI, § 626, formerly § 624, as added Pub. L. 104–93, title VI, § 601(a), Jan. 6, 1996, 109 Stat. 974; renumbered § 625 and amended Pub. L. 107–56, title III, § 358(g)(1)(A), title V, § 505(c), Oct. 26, 2001, 115 Stat. 327, 366; Pub. L. 107–306, title VIII, § 811(b)(8)(B), Nov. 27, 2002, 116 Stat. 2426; renumbered § 626, Pub. L. 108–159, title II, § 214(a)(1), Dec. 4, 2003, 117 Stat. 1980; Pub. L. 109–177, title I, § 116(b), Mar. 9, 2006, 120 Stat. 214; Pub. L. 109–178, § 4(c)(1), Mar. 9, 2006, 120 Stat. 280; Pub. L. 114–23, title V, §§ 501(c), 502(c), 503(c), June 2, 2015, 129 Stat. 282, 285, 290.)
cite as: 15 USC 1681u