
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1681k]

 
                      TITLE 15--COMMERCE AND TRADE
 
                 CHAPTER 41--CONSUMER CREDIT PROTECTION
 
                SUBCHAPTER III--CREDIT REPORTING AGENCIES
 
Sec. 1681k. Public record information for employment purposes


(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) of this section 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.

(Pub. L. 90-321, title VI, Sec. 613, as added Pub. L. 91-508, title VI, 
Sec. 601, Oct. 26, 1970, 84 Stat. 1133; amended Pub. L. 105-347, 
Sec. 4(b), Nov. 2, 1998, 112 Stat. 3210.)


                               Amendments

    1998--Pub. L. 105-347 designated existing provisions as subsec. (a), 
inserted heading, and added subsec. (b).


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-347 deemed to have same effective date as 
amendments made by section 2403 of Pub. L. 104-208, see section 7 of 
Pub. L. 105-347, set out as a note under section 1681a of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1681d of this title.
