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Highlight Updates Post-FACTA National Security Amendments

In 2006, Congress modified the Fair Credit Reporting Act to respond to the perceived need for additional confidentiality in national security investigations.320 The Act was amended to allow the FBI to prohibit a CRA from disclosing that the FBI had sought information from the CRA.321 Similarly, if “the head of a government agency authorized to conduct investigations of intelligence or counterintelligence activities or analysis related to international terrorism, or his designee” makes the same certification, the agency must also maintain the confidentiality of the request for consumer information.322

In the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2005,323 Congress modified these provisions slightly to clarify that someone to whom a national security letter is issued need not disclose the name of an attorney from whom the letter recipient plans to seek legal advice about the letter.324


  • 320 {315} Pub. L. No. 109-177, § 116 (2006) (amending 15 U.S.C. §§ 1681u, 1681v).

  • 321 {316} Id., amending 15 U.S.C. § 1681v.

  • 322 {317} Id., amending 15 U.S.C. § 1681u.

  • 323 {318} Pub. L. No. 109-178 (2006).

  • 324 {319} Id. § 4, amending 15 U.S.C. §§ 1681u, 1681v.