To amend the Fair Credit Reporting Act to provide for disclosures by consumer reporting agencies to the Federal Bureau of Investigation for counterintelligence purposes.
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.
Introduced in House
Introduced in House
Referred to the House Committee on Banking, Finance + Urban Affrs.
Committee on Banking, Finance + Urban Affrs discharged.
Committee on Banking, Finance + Urban Affrs discharged.
Considered by unanimous consent. (consideration: CR H10943-10944)
Mr. Kennedy asked unanimous consent to discharge from committee and consider.
Passed/agreed to in House: On passage Passed without objection.
On passage Passed without objection.
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on Banking.
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