Page:United States Statutes at Large Volume 110 Part 4.djvu/612

 110 STAT. 3009-449 PUBLIC LAW 104-208—SEPT. 30, 1996 seq.) is amended by striking the item relating to section 623 and inserting the following: ''623. Responsibilities of furnishers of information to consumer reporting agencies. "624. Relation to State laws.". SEC. 2414. INVESTIGATIVE CONSUMER REPORTS. Section 606 of the Fair Credit Reporting Act (15 U.S.C. 1681d) is amended— (1) in subsection (a)(1), by striking "or" at the end and inserting "and"; (2) by striking subsection (a)(2) and inserting the following: "(2) the person certifies or has certified to the consumer reporting agency that— "(A) the person has made the disclosures to the consumer required by paragraph (1); and "(B) the person will comply with subsection (b)."; (3) in subsection (b), by striking "shall" the second place such term appears; and (4) by adding at the end the following new subsection: " (d) PROHIBITIONS.— "(1) CERTIFICATION.— ^A consumer reporting agency shall not prepare or furnish an investigative consumer report unless the agency has received a certification under subsection (a)(2) from the person who requested the report. "(2) INQUIRIES. —^A consumer reporting agency shall not make an inquiry for the purpose of preparing an investigative consumer report on a consumer for employment purposes if the making of the inquiry by an employer or prospective employer of the consumer would violate any applicable Federal or State equal employment opportunity law or regulation. "(3) CERTAIN PUBLIC RECORD INFORMATION.—Except as otherwise provided in section 613, a consumer reporting agency shall not farnish an investigative consumer report that includes information that is a matter of public record and that relates to an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment, unless the agency has verified the accuracy of the information during the 30-day period ending on the date on which the report is furnished. " (4) CERTAIN ADVERSE INFORMATION. —A consumer reporting agency shall not prepare or furnish an investigative consumer report on a consumer that contains information that is adverse to the interest of the consumer and that is obtained through a personal interview with a neighbor, friend, or associate of the consumer or with another person with whom the consumer is acquainted or who has knowledge of such item of information, unless— "(A) the agency has followed reasonable procedures to obtain confirmation of the information, from an additional source that has independent and direct knowledge of the information; or "(B) the person interviewed is the best possible source of the information.".

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