§1681v — Title 15 Commerce and Trade | U.S. Code

Summary

Credit-reporting companies must give a person’s full credit report and any file information to a federal agency that is doing investigations or intelligence work about international terrorism when that agency gives a written certification saying the information is needed and names the specific person or account. The certification must be signed by a supervisor chosen by the agency head or by a top federal officer appointed by the President and confirmed by the Senate. If the agency head says telling anyone would risk national security, hurt an investigation, damage diplomatic relations, or endanger a person’s life, and the request includes notice that court review is available under section 3511 of title 18, the credit agency must not reveal or note that the government asked for or received the records. The agency may share the information only with people who need it to comply, with lawyers, or with others the agency allows; those people must follow the same secrecy rules and be told about them. If the credit agency relied in good faith on the government’s certification, it and its staff cannot be sued under federal or state law for making the disclosure. The Attorney General must fully inform certain House and Senate committees about all such requests on a semiannual basis, and reports to the two intelligence committees must follow the schedule in section 3106 of title 50.

Title 15, §1681v

Commerce and Trade — Source: USLM XML via OLRC

(a)Notwithstanding section 1681b of this title or any other provision of this subchapter, a consumer reporting agency shall furnish a consumer report of a consumer and all other information in a consumer’s file to a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism when presented with a written certification by such government agency that such information is necessary for the agency’s conduct or such investigation, activity or analysis and that includes a term that specifically identifies a consumer or account to be used as the basis for the production of such information.

(b)The certification described in subsection (a) shall be signed by a supervisory official designated by the head of a Federal agency or an officer of a Federal agency whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate.

(c)(1)(A)If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no consumer reporting agency that receives a request under subsection (a), or officer, employee, or agent thereof, shall disclose or specify in any consumer report, that a government agency described in subsection (a) has sought or obtained access to information or records under subsection (a).

(B)The requirements of subparagraph (A) shall apply if the head of the government agency described in subsection (a), or a designee, 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)(A)A consumer reporting agency that receives a request under subsection (a), 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 head of the government agency described in subsection (a) or a designee.

(B)A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request under subsection (a) is issued in the same manner as the person to whom the request is issued.

(C)Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.

(D)At the request of the head of the government agency described in subsection (a) or a designee, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the head or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.

(d)(1)A request under subsection (a) or a non-disclosure requirement imposed in connection with such request under subsection (c) shall be subject to judicial review under section 3511 of title 18.

(2)A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1).

(e)Nothing in section 1681u of this title shall be construed to limit the authority of the Director of the Federal Bureau of Investigation under this section.

(f)Notwithstanding any other provision of this subchapter, any consumer reporting agency or agent or employee thereof making disclosure of consumer reports or other information pursuant to this section in good-faith reliance upon a certification of a government agency pursuant to the provisions of this section shall not be liable to any person for such disclosure under this subchapter, the constitution of any State, or any law or regulation of any State or any political subdivision of any State.

(g)(1)On a semi-annual basis, the Attorney General shall fully inform the Committee on the Judiciary, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate concerning all requests made pursuant to subsection (a).

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsec. (a). Pub. L. 114–23, § 501(d), substituted “analysis and that includes a term that specifically identifies a consumer or account to be used as the basis for the production of such information.” for “analysis.” Subsec. (c). Pub. L. 114–23, § 502(d), added subsec. (c) and struck out former subsec. (c) which related to confidentiality. Subsecs. (d) to (g). Pub. L. 114–23, § 503(d), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively. 2006—Subsec. (c). Pub. L. 109–177, § 116(c), amended subsec. (c) generally. Prior to amendment, text read as follows: “No consumer reporting agency, or officer, employee, or agent of such consumer reporting agency, shall disclose to any person, or specify in any consumer report, that a government agency has sought or obtained access to information under subsection (a) of this section.” Subsec. (c)(4). Pub. L. 109–178 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “At the request of the authorized Government agency, any person making or intending to make a disclosure under this section shall identify to the requesting official of the authorized Government agency the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, but in no circumstance shall a person be required to inform such requesting official that the person intends to consult an attorney to obtain legal advice or legal assistance.” Subsec. (f). Pub. L. 109–177, § 118(b), added subsec. (f). 2004—Subsec. (e). Pub. L. 108–458 substituted “government agency” for “governmental agency”. 2003—Subsec. (d). Pub. L. 108–159, § 214(c)(3), made technical amendment to reference in original act which appears in text as reference to section 1681u of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 AmendmentAmendment by Pub. L. 108–458 effective as if included in Pub. L. 107–56, as of the date of enactment of such Act, see section 6205 of Pub. L. 108–458, set out as a note under section 1828 of Title 12, Banks and Banking.

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of 2003 AmendmentAmendment by Pub. L. 108–159 subject to joint

Regulations

establishing

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s as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see section 3 of Pub. L. 108–159, set out as a note under section 1681 of this title.

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Section applicable with respect to reports filed or records maintained on, before, or after Oct. 26, 2001, see section 358(h) of Pub. L. 107–56, set out as an

Effective Date

of 2001 Amendment note under section 1829b of this Title 12, Banks and Banking.

§1681v Disclosures to Governmental Agencies for Counterterrorism Purposes

Summary

Title 15, §1681v

Notes & Related Subsidiaries

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Statutory Notes and Related Subsidiaries

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Regulations

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