Disclosure
section 1681b of this titleNotwithstanding 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.
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.
Prohibition of certain disclosure
Prohibition
In general
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).
Certification
Exception
In general
Application
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.
Notice
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.
Identification of disclosure recipients
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.
Judicial review
In general
section 3511 of title 18A 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 .
Notice
A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1).
Rule of construction
section 1681u of this titleNothing in shall be construed to limit the authority of the Director of the Federal Bureau of Investigation under this section.
Safe harbor
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.
Reports to Congress
Pub. L. 90–321, title VI, § 627Pub. L. 107–56, title III, § 358(g)(1)(B)115 Stat. 327Pub. L. 108–159, title II, § 214(a)(1)117 Stat. 1980Pub. L. 108–458, title VI, § 6203l118 Stat. 3747Pub. L. 109–177, title I120 Stat. 214Pub. L. 109–178, § 4(c)(2)120 Stat. 280Pub. L. 114–23, title V129 Stat. 282(, formerly § 626, as added , , ; renumbered § 627 and amended , (c)(3), , , 1983; (), , ; , §§ 116(c), 118(b), , , 217; , , ; , §§ 501(d), 502(d), 503(d), , , 286, 290.)
Editorial Notes
Amendments
Pub. L. 114–23, § 501(d)2015—Subsec. (a). , 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.”
Pub. L. 114–23, § 502(d)Subsec. (c). , added subsec. (c) and struck out former subsec. (c) which related to confidentiality.
Pub. L. 114–23, § 503(d)Subsecs. (d) to (g). , added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively.
Pub. L. 109–177, § 116(c)2006—Subsec. (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.”
Pub. L. 109–178Subsec. (c)(4). 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.”
Pub. L. 109–177, § 118(b)Subsec. (f). , added subsec. (f).
Pub. L. 108–4582004—Subsec. (e). substituted “government agency” for “governmental agency”.
Pub. L. 108–159, § 214(c)(3)section 1681u of this title2003—Subsec. (d). , made technical amendment to reference in original act which appears in text as reference to .
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Pub. L. 108–458Pub. L. 107–56section 6205 of Pub. L. 108–458section 1828 of Title 12Amendment by effective as if included in , as of the date of enactment of such Act, see , set out as a note under , Banks and Banking.
Effective Date of 2003 Amendment
Pub. L. 108–159section 3 of Pub. L. 108–159section 1681 of this titleAmendment by subject to joint regulations establishing effective dates as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see , set out as a note under .
Effective Date
section 358(h) of Pub. L. 107–56section 1829b of this TitleSection applicable with respect to reports filed or records maintained on, before, or after , see , set out as an Effective Date of 2001 Amendment note under 12, Banks and Banking.