(a) Disclosure. Notwithstanding
section 604 or any other provision of this title, 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) Form of certification. 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) Prohibition of certain
disclosure.
(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) Judicial review.
(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, United States Code.
(2) A request under subsection (a) shall
include notice of the availability of judicial review described in
paragraph (1).
6-1577.28
(e) Rule of construction. Nothing in section
626 shall be construed to limit the authority of the Director of the
Federal Bureau of Investigation under this section.
(f) Safe harbor. Notwithstanding any other
provision of this title, 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) Reports to Congress.
(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 507 of the National Security Act of 1947 (50 U.S.C. 415b).
[15 USC 1681v. As added by act of Oct. 26, 2001
(115 Stat. 327) and amended by acts of Dec. 4, 2003 (117 Stat. 1980,
1983); Dec. 17, 2004 (118 Stat. 3747); Mar. 9, 2006 (120 Stat. 214,
217, 280); and June 2, 2015 (129 Stat. 282-83, 286-87, 290).]
