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FACTA Main | Title I | Title II | Title III | Title IV | Title V | Title VI-Title VIII TITLE VI—PROTECTING EMPLOYEE MISCONDUCT INVESTIGATIONS SEC. 611. CERTAIN EMPLOYEE INVESTIGATION COMMUNICATIONS EXCLUDED FROM DEFINITION OF CONSUMER REPORT. (a) IN GENERAL.—Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), as amended by this Act is amended by adding at the end the following: ‘‘(x) EXCLUSION OF CERTAIN COMMUNICATIONS FOR EMPLOYEE INVESTIGATIONS.— ‘‘(1) COMMUNICATIONS DESCRIBED IN THIS SUBSECTION.— A communication is described in this subsection if— ‘‘(A) but for subsection (d)(2)(D), the communication would be a consumer report; ‘‘(B) the communication is made to an employer in connection with an investigation of— ‘‘(i) suspected misconduct relating to employment; or ‘‘(ii) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer; ‘‘(C) the communication is not made for the purpose of investigating a consumer’s credit worthiness, credit standing, or credit capacity; and ‘‘(D) the communication is not provided to any person except— ‘‘(i) to the employer or an agent of the employer; ‘‘(ii) to any Federal or State officer, agency, or department, or any officer, agency, or department of a unit of general local government; ‘‘(iii) to any self-regulatory organization with regulatory authority over the activities of the employer or employee; ‘‘(iv) as otherwise required by law; or ‘‘(v) pursuant to section 608. ‘‘(2) SUBSEQUENT DISCLOSURE.—After taking any adverse action based in whole or in part on a communication described in paragraph (1), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection (d)(2)(D) an investigative consumer report need not be disclosed. ‘‘(3) SELF-REGULATORY ORGANIZATION DEFINED.—For purposes of this subsection, the term ‘self-regulatory organization’ includes any self-regulatory organization (as defined in section 3(a)(26) of the Securities Exchange Act of 1934), any entity established under title I of the Sarbanes-Oxley Act of 2002, any board of trade designated by the Commodity Futures 20 USC 9708. VerDate 11-MAY-2000 04:48 Dec 12, 2003 Jkt 029139 PO 00159 Frm 00060 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL159.108 BILLW PsN: PUBL159 PUBLIC LAW 108–159—DEC. 4, 2003 117 STAT. 2011 Trading Commission, and any futures association registered with such Commission.’’. (b) TECHNICAL AND CONFORMING AMENDMENT.—Section 603(d)(2)(D) of the Fair Credit Reporting Act (15 U.S.C. 1681a(d)(2)(D)) is amended by inserting ‘‘or (x)’’ after ‘‘subsection (o)’’. TITLE VII—RELATION TO STATE LAWS SEC. 711. RELATION TO STATE LAWS. Section 625 of the Fair Credit Reporting Act (15 U.S.C. 1681t), as so designated by section 214 of this Act, is amended— (1) in subsection (a), by inserting ‘‘or for the prevention or mitigation of identity theft,’’ after ‘‘information on consumers,’’; (2) in subsection (b), by adding at the end the following: ‘‘(5) with respect to the conduct required by the specific provisions of— ‘‘(A) section 605(g); ‘‘(B) section 605A; ‘‘(C) section 605B; ‘‘(D) section 609(a)(1)(A); ‘‘(E) section 612(a); ‘‘(F) subsections (e), (f), and (g) of section 615; ‘‘(G) section 621(f); ‘‘(H) section 623(a)(6); or ‘‘(I) section 628.’’; and (3) in subsection (d)— (A) by striking paragraph (2); (B) by striking ‘‘(c)—’’ and all that follows through ‘‘do not affect’’ and inserting ‘‘(c) do not affect’’; and (C) by striking ‘‘1996; and’’ and inserting ‘‘1996.’’. TITLE VIII—MISCELLANEOUS SEC. 811. CLERICAL AMENDMENTS. (a) SHORT TITLE.—Section 601 of the Fair Credit Reporting Act (15 U.S.C. 1601 note) is amended by striking ‘‘the Fair Credit Reporting Act.’’ and inserting ‘‘the ‘Fair Credit Reporting Act’.’’. (b) SECTION 604.—Section 604(a) of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)) is amended in paragraphs (1) through (5), other than subparagraphs (E) and (F) of paragraph (3), by moving each margin 2 ems to the right. (c) SECTION 605.— (1) Section 605(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)(1)) is amended by striking ‘‘(1) cases’’ and inserting ‘‘(1) Cases’’. (2)(A) Section 5(1) of Public Law 105–347 (112 Stat. 3211) is amended by striking ‘‘Judgments which’’ and inserting ‘‘judgments which’’. (B) The amendment made by subparagraph (A) shall be deemed to have the same effective date as section 5(1) of Public Law 105–347 (112 Stat. 3211). (d) SECTION 609.—Section 609(a) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)) is amended— 15 USC 1681c note. 15 USC 1681c. VerDate 11-MAY-2000 04:48 Dec 12, 2003 Jkt 029139 PO 00159 Frm 00061 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL159.108 BILLW PsN: PUBL159 117 STAT. 2012 PUBLIC LAW 108–159—DEC. 4, 2003 LEGISLATIVE HISTORY—H.R. 2622 (S. 1753): HOUSE REPORTS: Nos. 108–263 and Pt.2 (Comm. on Financial Services) and 108– 396 (Comm. of Conference). SENATE REPORTS: No. 108–166 accompanying S. 1753 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 149 (2003): Sept. 10, considered and passed House. Nov. 5, considered and passed Senate, amended, in lieu of S. 1753. Nov. 21, House agreed to conference report. Nov. 22, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003): Dec. 4, Presidential remarks. Æ (1) in paragraph (2), by moving the margin 2 ems to the right; and (2) in paragraph (3)(C), by moving the margins 2 ems to the left. (e) SECTION 617.—Section 617(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681o(a)(1)) is amended by adding ‘‘and’’ at the end. (f) SECTION 621.—Section 621(b)(1)(B) of the Fair Credit Reporting Act (15 U.S.C. 1681s(b)(1)(B)) is amended by striking ‘‘25(a)’’ and inserting ‘‘25A’’. (g) TITLE 31.—Section 5318 of title 31, United States Code, is amended by redesignating the second item designated as subsection (l) (relating to applicability of rules) as subsection (m). (h) CONFORMING AMENDMENT.—Section 2411(c) of Public Law 104–208 (110 Stat. 3009–445) is repealed. Approved December 4, 2003. 15 USC 1681m. VerDate 11-MAY-2000 04:48 Dec 12, 2003 Jkt 029139 PO 00159 Frm 00062 Fmt 6580FACTA Main | Title I | Title II | Title III | Title IV | Title V | Title VI-Title VIII |
