§ 1681k. — Public record information for employment purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
