(a) In general. A consumer reporting agency which furnishes a consumer report for
employment purposes and which for that purpose compiles and reports items of
information on consumers which are matters of public record and are likely to
have an adverse effect upon a consumer’s ability to obtain employment
shall—
(1) at the time such public record information is reported to the user of
such consumer report, notify the consumer of the fact that public record
information is being reported by the consumer reporting agency, together with
the name and address of the person to whom such information is being
reported; or
(2) maintain strict procedures designed to insure that whenever public
record information which is likely to have an adverse effect on a consumer’s
ability to obtain employment is reported it is complete and up to date. For
purposes of this paragraph, items of public record relating to arrests,
indictments, convictions, suits, tax liens, and outstanding judgments shall
be considered up to date if the current public record status of the item at
the time of the report is reported.
(b) Exemption for national security investigations. Subsection (a) does not apply in the case of an agency or department of
the United States Government that seeks to obtain and use a consumer report
for employment purposes, if the head of the agency or department makes a
written finding as prescribed under section 604(b)(4)(A).
[15 USC 1681k. As amended by act of Nov. 2, 1998 (112 Stat. 3210,
3211).]
