Summary: H.R.5143 — 103rd Congress (1993-1994)All Information (Except Text)

There is one summary for H.R.5143. Bill summaries are authored by CRS.

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Introduced in House (09/30/1994)

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.