text: 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.
target: 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.
feat_title: FBI Counterintelligence Act of 1994