[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1890 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1890

   To require certain disclosures of financial information to expose 
      espionage activities by foreign agents in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              March 7 (legislative day, February 22), 1994

  Mr. Heflin introduced the following bill; which was read twice and 
            referred to the Select Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
   To require certain disclosures of financial information to expose 
      espionage activities by foreign agents in the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINANCIAL DISCLOSURE STATEMENTS REQUIRED BY CERTAIN 
              INTELLIGENCE COMMUNITY EMPLOYEES.

    (a) In General.--(1) The head of each component of the intelligence 
community of the United States shall submit to the President and the 
intelligence committees of Congress a report containing a list of all 
positions under the component that are classified at or below a 
position of GS-15 of the General Schedule and that require the 
individuals occupying the positions to have access to information 
critical to the national security interests of the United States.
    (2) The reports required by paragraph (1) shall be submitted not 
later than 90 days after the date of enactment of this Act.
    (3) The President shall submit a report described in paragraph (1) 
to the intelligence committees of Congress with respect to staff 
positions on the National Security Council.
    (b) Disclosure Statements.--Any individual occupying a position 
described in subsection (a) during any calendar year who performs the 
duties of his position or office for a period in excess of 60 days in 
that calendar year shall file with the head of the appropriate agency 
or component on or before May 15 of the succeeding year a report 
containing the information described in section 102(a) of the Ethics in 
Government Act of 1978.
    (c) Regulations Required.--The President shall prescribe such 
regulations as may be necessary to carry out this section.
    (d) Definitions.--For purposes of this section--
            (1) the term ``intelligence committees of Congress'' means 
        the Permanent Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on Intelligence of the 
        Senate; and
            (2) the term ``intelligence community'' has the meaning 
        given to that term by section 3(4) of the National Security Act 
        of 1947.

SEC. 2. FBI COUNTERINTELLIGENCE ACCESS TO CONSUMER CREDIT RECORDS.

    Section 608 of the Fair Credit Reporting Act (15 U.S.C. 1681f) is 
amended--
            (1) by striking ``Notwithstanding'' and inserting ``(a) 
        Disclosure of Certain Identifying Information.--
        Notwithstanding''; and
            (2) by adding at the end the following new subsection:
    ``(b) Disclosures to the FBI for Counterintelligence Purposes.--
            ``(1) Consumer reports.--Notwithstanding section 604, a 
        consumer reporting agency shall furnish a consumer report to 
        the Federal Bureau of Investigation when presented with a 
        written request for a consumer report, signed by the Director 
        of the Federal Bureau of Investigation or the Director's 
        designee (hereafter in this section referred to as the 
        `Director'), which certifies compliance with this subsection. 
        The Director's designee may make such a certification only if 
        the Director has determined in writing that--
                    ``(A) such records are necessary for the conduct of 
                an authorized foreign counterintelligence 
                investigation; and
                    ``(B) there are specific and articulable facts 
                giving reason to believe that the consumer whose 
                consumer report is sought is a foreign power or an 
                agent of a foreign power, as defined in section 101 of 
                the Foreign Intelligence Surveillance Act of 1978.
            ``(2) Identifying information.--Notwithstanding section 
        604, a consumer reporting agency shall furnish information 
        respecting a consumer which shall include, but shall not be 
        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, which certifies compliance with this 
        subsection. The Director may make such a certification only if 
        the Director has determined in writing that--
                    ``(A) such information is necessary to the conduct 
                of an authorized foreign counterintelligence 
                investigation; and
                    ``(B) 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.
            ``(3) Confidentiality.--A consumer reporting agency, or 
        officer, employee, or agent of such consumer reporting agency 
        shall not--
                    ``(A) disclose to any person, other than those 
                officers, employees, or agents of such agency necessary 
                to fulfill the requirement to disclose information to 
                the Federal Bureau of Investigation under this 
                subsection, that the Federal Bureau of Investigation 
                has sought or obtained a consumer report or identifying 
                information respecting any consumer under paragraph (1) 
                or (2), or
                    ``(B) include in any consumer report any 
                information that would indicate that the Federal Bureau 
                of Investigation has sought or obtained such a consumer 
                report or identifying information.
            ``(4) Payment of fees.--The Federal Bureau of Investigation 
        shall, subject to the availability of appropriations, pay to 
        the consumer reporting agency assembling or providing credit 
        reports or identifying information in accordance with 
        procedures established under this title, 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 subsection.
            ``(5) Limit on dissemination.--The Federal Bureau of 
        Investigation may not disseminate information obtained pursuant 
        to this subsection 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.
            ``(6) Rules of construction.--Nothing in this subsection 
        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 
        title. Nothing in this subsection shall be construed to 
        authorize or permit the withholding of information from the 
        Congress.
            ``(7) Reports to the 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 paragraphs (1) 
        and (2).
            ``(8) Damages.--Any agency or department of the United 
        States obtaining or disclosing credit reports, records, or 
        information contained therein in violation of this subsection 
        is liable to the consumer to whom such records relate in an 
        amount equal to this sum of--
                    ``(A) $100, without regard to the volume of records 
                involved;
                    ``(B) any actual damages sustained by the consumer 
                as a result of the disclosure;
                    ``(C) such punitive damages as a court may allow, 
                where the violation is found to have been willful or 
                intentional; and
                    ``(D) in the case of any successful action to 
                enforce liability under this subsection, the costs of 
                the action, together with reasonable attorney's fees, 
                as determined by the court.
            ``(9) Disciplinary actions for violations.--If a court 
        determines that any agency or department of the United States 
        has violated any provision of this subsection 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.
            ``(10) Good-faith exception.--Any credit reporting agency, 
        or agent or employee thereof, making a disclosure of credit 
        reports or identifying information pursuant to this subsection 
        in good-faith reliance upon a certification by the Federal 
        Bureau of Investigation pursuant to this subsection 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.
            ``(11) Limitation of remedies.--The remedies and sanctions 
        set forth in this subsection shall be the only judicial 
        remedies and sanctions for violations of this subsection.
            ``(12) Injunctive relief.--In addition to any other remedy 
        contained in this subsection, injunctive relief shall be 
        available to require compliance with this subsection. In the 
        event of any successful action under this subsection, costs, 
        together with reasonable attorney's fees, as determined by the 
        court, may be recovered.''.

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