Page:United States Statutes at Large Volume 111 Part 3.djvu/168

 Ill STAT. 2256 PUBLIC LAW 105-107—NOV. 20, 1997 Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank. "(D) REPORT TO THE CONGRESS. —Not later than January 31 of each year, the head of each agency and department of the United States Government that exercised authority under this paragraph during the preceding year shall submit a report to the Congress on the number of times the department or agency exercised such authority during the year. "(E) DEFINITIONS. —For purposes of this paragraph, the following definitions shall apply: "(i) CLASSIFIED INFORMATION.—The term 'classified information' means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders. "(ii) NATIONAL SECURITY INVESTIGATION.—The term 'national security investigation' means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.", (b) RESALE OF CONSUMER REPORT TO A FEDERAL AGENCY OR DEPARTMENT.— Section 607(e) of the Fair Credit Reporting Act (12 U.S.C. 1681e(e)) (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: "(3) RESALE OF CONSUMER REPORT TO A FEDERAL AGENCY OR DEPARTMENT.— Notwithstanding paragraph (1) or (2), a person who procures a consumer report for purposes of reselling the report (or any information in the report) shall not disclose the identity of the end-user of the report under paragraph (l)or(2)if- "(A) the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information (as defined in section 604(b)(4)(E)(i)); and "(B) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.". 15 USC 1681b (c) EFFECTIVE DATE. —The amendments made by subsections note. (a) and (b) shall take effect as if such amendments had been included in chapter 1 of subtitle D of the Economic Growth and Regulatory Paperwork Reduction Act of 1996 as of the date of the enactment of such Act,

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