50 U.S.C. § 436 : US Code - Section 436: Requests by authorized investigative agencies

Search 50 U.S.C. § 436 : US Code - Section 436: Requests by authorized investigative agencies

(a) Generally
(1) Any authorized investigative agency may request from any
financial agency, financial institution, or holding company, or
from any consumer reporting agency, such financial records, other
financial information, and consumer reports as may be necessary in
order to conduct any authorized law enforcement investigation,
counterintelligence inquiry, or security determination. Any
authorized investigative agency may also request records maintained
by any commercial entity within the United States pertaining to
travel by an employee in the executive branch of Government outside
the United States.
(2) Requests may be made under this section where -
(A) the records sought pertain to a person who is or was an
employee in the executive branch of Government required by the
President in an Executive order or regulation, as a condition of
access to classified information, to provide consent, during a
background investigation and for such time as access to the
information is maintained, and for a period of not more than
three years thereafter, permitting access to financial records,
other financial information, consumer reports, and travel
records; and
(B)(i) there are reasonable grounds to believe, based on
credible information, that the person is, or may be, disclosing
classified information in an unauthorized manner to a foreign
power or agent of a foreign power;
(ii) information the employing agency deems credible indicates
the person has incurred excessive indebtedness or has acquired a
level of affluence which cannot be explained by other information
known to the agency; or
(iii) circumstances indicate the person had the capability and
opportunity to disclose classified information which is known to
have been lost or compromised to a foreign power or an agent of a
foreign power.
(3) Each such request -
(A) shall be accompanied by a written certification signed by
the department or agency head or deputy department or agency head
concerned, or by a senior official designated for this purpose by
the department or agency head concerned (whose rank shall be no
lower than Assistant Secretary or Assistant Director), and shall
certify that -
(i) the person concerned is or was an employee within the
meaning of paragraph (2)(A);
(ii) the request is being made pursuant to an authorized
inquiry or investigation and is authorized under this section;
and
(iii) the records or information to be reviewed are records
or information which the employee has previously agreed to make
available to the authorized investigative agency for review;
(B) shall contain a copy of the agreement referred to in
subparagraph (A)(iii);
(C) shall identify specifically or by category the records or
information to be reviewed; and
(D) shall inform the recipient of the request of the
prohibition described in subsection (b) of this section.
(b) Disclosure of requests
Notwithstanding any other provision of law, no governmental or
private entity, or officer, employee, or agent of such entity, may
disclose to any person, other than those officers, employees, or
agents of such entity necessary to satisfy a request made under
this section, that such entity has received or satisfied a request
made by an authorized investigative agency under this section.
(c) Records or information; inspection or copying
(1) Notwithstanding any other provision of law (other than
section 6103 of title 26), an entity receiving a request for
records or information under subsection (a) of this section shall,
if the request satisfies the requirements of this section, make
available such records or information within 30 days for inspection
or copying, as may be appropriate, by the agency requesting such
records or information.
(2) Any entity (including any officer, employee, or agent
thereof) that discloses records or information for inspection or
copying pursuant to this section in good faith reliance upon the
certifications made by an agency pursuant to this section shall not
be liable for any such disclosure to any person under this
subchapter, the constitution of any State, or any law or regulation
of any State or any political subdivision of any State.
(d) Reimbursement of costs
Any agency requesting records or information under this section
may, subject to the availability of appropriations, reimburse a
private entity for any cost reasonably incurred by such entity in
responding to such request, including the cost of identifying,
reproducing, or transporting records or other data.
(e) Dissemination of records or information received
An agency receiving records or information pursuant to a request
under this section may disseminate the records or information
obtained pursuant to such request outside the agency only -
(1) to the agency employing the employee who is the subject of
the records or information;
(2) to the Department of Justice for law enforcement or
counterintelligence purposes; or
(3) with respect to dissemination to an agency of the United
States, if such information is clearly relevant to the authorized
responsibilities of such agency.
(f) Construction of section
Nothing in this section may be construed to affect the authority
of an investigative agency to obtain information pursuant to the
Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) or the Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.).