Page:United States Statutes at Large Volume 117.djvu/2029

 117 STAT. 2010 20 USC 9708.

PUBLIC LAW 108–159—DEC. 4, 2003

SEC. 519. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this title, including administrative expenses of the Commission.

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

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