§ 1681u. Disclosures to FBI for Counterintelligence Purposes
Identity of financial institutions: Notwithstanding Section 604 of this title 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-
uch information is necessary for the conduct of an authorized foreign
counterintelligence investigation; and
there are specific and articulable facts giving reason to believe that the consumer-
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
is an agent of a foreign power and is engaging or has engaged in an act of international
terrorism (as that term is defined in Section lOl(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.
Identifying information: Notwithstanding the provisions of Section 604 of this title 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
such information is necessary to the conduct of an authorized counterintelligence
investigation; and
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).
Court order for disclosure of consumer reports: Notwithstanding Section 604 of this title 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 parse directing a consumer reporting agency
to furnish a consumer report to the Federal Bureau of Investigation, upon a showing in
camera that--
the consumer report is necessary for the conduct of an authorized foreign
counterintelligence investigation; and
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 an act of international terrorism (as that term is defined
in Section lOl(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.
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) of this section, and no consumer reporting a