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.

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.