Page:United States Statutes at Large Volume 111 Part 3.djvu/167

 PUBLIC LAW 105-107—NOV. 20, 1997 111 STAT. 2255 the results of the review. The report shall include such recommendations for additional investigations or research as the Inspector General considers appropriate. (2) FORM. —The report shall be submitted in unclassified form, but may include a classified annex. SEC. 311. AMENDMENTS TO FAIR CREDIT REPORTING ACT. (a) EXCEPTION TO CONSUMER DISCLOSURE REQUIREMENT. —Section 604(b) of the Fair Credit Reporting Act (15 U.S.C. 1681b(b)) (as amended by chapter 1 of subtitle D of the Economic Growth and Regulatory Paperwork Reduction Act of 1996) is amended by adding at the end the following new paragraph: " (4) EXCEPTION FOR NATIONAL SECURITY INVESTIGATIONS.— "(A) IN GENERAL.— In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph (3) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that— "(i) the consumer report is relevant to a national security investigation of such agency or department; "(ii) the investigation is within the jurisdiction of such agency or department; "(iii) there is reason to believe that compliance with paragraph (3) will— "(I) endanger the life or physical safety of any person; "(II) result in flight from prosecution; "(III) result in the destruction of, or tampering with, evidence relevant to the investigation; "(IV) result in the intimidation of a potential witness relevant to the investigation; "(V) result in the compromise of classified information; or "(VI) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding. " (B) NOTIFICATION OF CONSUMER UPON CONCLUSION OF INVESTIGATION.—Upon the conclusion of a national security investigation described in subparagraph (A), or upon the determination that the exception under subparagraph (A) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made— "(i) a copy of such consumer report with any classified information redacted as necessary; "(ii) notice of any adverse action which is based, in part, on the consumer report; and "(iii) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought. " (C) DELEGATION BY HEAD OF AGENCY OR DEPART- MENT.— For purposes of subparagraphs (A) and (B), the head of any agency or department of the United States

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