(a) In generalA 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 investigationsSubsection (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 1681b(b)(4)(A) of this title.
Structure US Code
CHAPTER 41— CONSUMER CREDIT PROTECTION
SUBCHAPTER III— CREDIT REPORTING AGENCIES
§ 1681. Congressional findings and statement of purpose
§ 1681a. Definitions; rules of construction
§ 1681b. Permissible purposes of consumer reports
§ 1681c. Requirements relating to information contained in consumer reports
§ 1681c–1. Identity theft prevention; fraud alerts and active duty alerts
§ 1681c–2. Block of information resulting from identity theft
§ 1681c–3. Adverse information in cases of trafficking
§ 1681d. Disclosure of investigative consumer reports
§ 1681e. Compliance procedures
§ 1681f. Disclosures to governmental agencies
§ 1681g. Disclosures to consumers
§ 1681h. Conditions and form of disclosure to consumers
§ 1681i. Procedure in case of disputed accuracy
§ 1681j. Charges for certain disclosures
§ 1681k. Public record information for employment purposes
§ 1681l. Restrictions on investigative consumer reports
§ 1681m. Requirements on users of consumer reports
§ 1681n. Civil liability for willful noncompliance
§ 1681o. Civil liability for negligent noncompliance
§ 1681p. Jurisdiction of courts; limitation of actions
§ 1681q. Obtaining information under false pretenses
§ 1681r. Unauthorized disclosures by officers or employees
§ 1681s. Administrative enforcement
§ 1681s–1. Information on overdue child support obligations
§ 1681s–2. Responsibilities of furnishers of information to consumer reporting agencies
§ 1681t. Relation to State laws
§ 1681u. Disclosures to FBI for counterintelligence purposes
§ 1681v. Disclosures to governmental agencies for counterterrorism purposes
§ 1681x. Corporate and technological circumvention prohibited