Page:United States Statutes at Large Volume 112 Part 5.djvu/452

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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