112 STAT. 3210
PUBLIC LAW 105-347—NOV. 2, 1998
"(IV) that the consumer may, upon providing
proper identification, request a free copy of a report
and may dispute with the consumer reporting
agency the accuracy or completeness of any
information in a report.
"(ii) If, under clause (B)(i)(IV), the consumer
requests a copy of a consumer report from the person
who procured the report, then, within 3 business days
of receiving the consumer's request, together with
proper identification, the person must send or provide
to the consumer a copy of a report and a copy of
the consumer's rights as prescribed by the Federal
Trade Commission under section 609(c)(3).
"(C) SCOPE. — Subparagraph (B) shall apply to a person
procuring a consumer report on a consumer in connection
with the consumer's application for employment only if—
"(i) the consumer is appl3ring for a position over
which the Secretary of Transportation has the power
to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title
49, or a position subject to safety regulation by a
State transportation agency; and
"(ii) as of the time at which the person procures
the report or causes the report to be procured the
only interaction between the consumer and the person
in connection with that employment application has
been by mail, telephone, computer, or other similar
means..
SEC. 3. PROVISION OF SUMMARY OF RIGHTS.
Section 604(b)(1)(B) of the Fair Credit Reporting Act (15 U.S.C.
1681b(b)(l)(B)) is amended by inserting ", or has previously provided," before "a summary".
SEC. 4. NATIONAL SECURITY INVESTIGATION CONFORMING AMEND-
MENTS.
(a) GOVERNMENT AS END USER. —Section 609(a)(3) of the Fair
Credit Reporting Act (15 U.S.C. 1681g(a)(3)) is amended by adding
at the end the following:
" (C) Subparagraph (A) does not apply if—
"(i) the end user is an agency or department of
the United States Government that procures the report
from the person for purposes of determining the eligibility of the consumer to whom the report relates to
receive access or continued access to classified information (as defined in section 604(b)(4)(E)(i)); and
"(ii) the head of the agency or department makes
a written finding as prescribed under section
604(b)(4)(A). ".
(b) NATIONAL SECURITY INVESTIGATIONS.—Section 613 of the
Fair Credit Reporting Act (15 U.S.C. 1681k) is amended—
(1) by inserting "(a) IN GENERAL.— " before "A consumer";
and
(2) by adding at the end the following:
"(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
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