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Credit Reporting Act (15 U.S.C. 1681b) is amended by
adding at the end the following new subsection:
‘‘(b) CONDITIONS
FOR FURNISHING
AND USING
CONSUMER REPORTS FOR EMPLOYMENT PURPOSES.—
‘‘(1) CERTIFICATION FROM USER.—A consumer
reporting agency may furnish a consumer report for
employment purposes only if—
‘‘(A) the person who obtains such report
from the agency certifies to the agency that—
‘‘(i) the person has complied with
paragraph 
(2) 
with 
respect 
to 
the
consumer report, and the person will com-
ply with paragraph (3) with respect to the
consumer report if paragraph (3) becomes
applicable; and
‘‘(ii) information from the consumer
report will not be used in violation of any
applicable Federal or State equal employ-
ment opportunity law or regulation; and
‘‘(B) the consumer reporting agency pro-
vides with the report a summary of the consum-
er’s rights under this title, as prescribed by the
Federal 
Trade 
Commission 
under 
section
609(c)(3).
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‘‘(2) DISCLOSURE
TO
CONSUMER.—A person
may not procure a consumer report, or cause a
consumer report to be procured, for employment
purposes with respect to any consumer, unless—
‘‘(A) a clear and conspicuous disclosure
has been made in writing to the consumer at
any time before the report is procured or
caused to be procured, in a document that con-
sists solely of the disclosure, that a consumer
report may be obtained for employment pur-
poses; and
‘‘(B) the consumer has authorized in writ-
ing the procurement of the report by that per-
son.
‘‘(3) CONDITIONS ON USE FOR ADVERSE AC-
TIONS.—In using a consumer report for employment
purposes, before taking any adverse action based in
whole or in part on the report, the person intending
to take such adverse action shall provide to the
consumer to whom the report relates—
‘‘(A) a copy of the report; and
‘‘(B) a description in writing of the rights
of the consumer under this title, as prescribed
by the Federal Trade Commission under section
609(c)(3).’’.
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SEC. 
2404. 
USE 
OF 
CONSUMER 
REPORTS 
FOR
PRESCREENING; 
PROHIBITION 
ON 
UNAU-
THORIZED OR UNCERTIFIED USE OF INFOR-
MATION.
(a) IN GENERAL.—Section 604 of the Fair Credit
Reporting Act (15 U.S.C. 1681b) (as amended by section
2403 of this chapter) is amended—
(1) in subsection (a), by striking ‘‘A consumer
reporting agency’’ and inserting ‘‘Subject to sub-
section (c), any consumer reporting agency’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(c) FURNISHING REPORTS IN CONNECTION WITH
CREDIT OR INSURANCE TRANSACTIONS THAT ARE NOT
INITIATED BY THE CONSUMER.—
‘‘(1) IN
GENERAL.—A consumer reporting
agency may furnish a consumer report relating to
any consumer pursuant to subparagraph (A) or (C)
of subsection (a)(3) in connection with any credit or
insurance transaction that is not initiated by the
consumer only if—
‘‘(A) the consumer authorizes the agency
to provide such report to such person; or
‘‘(B)(i) the transaction consists of a firm
offer of credit or insurance;
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‘‘(ii) the consumer reporting agency has
complied with subsection (e); and
‘‘(iii) there is not in effect an election by
the consumer, made in accordance with sub-
section (e), to have the consumer’s name and
address excluded from lists of names provided
by the agency pursuant to this paragraph.
‘‘(2) 
LIMITS
ON
INFORMATION
RECEIVED
UNDER PARAGRAPH (1)(B).—A person may receive
pursuant to paragraph (1)(B) only—
‘‘(A) the name and address of a consumer;
‘‘(B) an identifier that is not unique to the
consumer and that is used by the person solely
for the purpose of verifying the identity of the
consumer; and
‘‘(C) other information pertaining to a
consumer that does not identify the relationship
or experience of the consumer with respect to a
particular creditor or other entity.
‘‘(3) INFORMATION
REGARDING
INQUIRIES.—
Except as provided in section 609(a)(5), a consumer
reporting agency shall not furnish to any person a
record of inquiries in connection with a credit or in-
surance transaction that is not initiated by a
consumer.
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‘‘(d) RESERVED.
‘‘(e) ELECTION OF CONSUMER TO BE EXCLUDED
FROM LISTS.—
‘‘(1) IN GENERAL.—A consumer may elect to
have the consumer’s name and address excluded
from any list provided by a consumer reporting
agency under subsection (c)(1)(B) in connection
with a credit or insurance transaction that is not ini-
tiated by the consumer by notifying the agency in
accordance with paragraph (2) that the consumer
does not consent to any use of a consumer report re-
lating to the consumer in connection with any credit
or insurance transaction that is not initiated by the
consumer.
‘‘(2) MANNER OF NOTIFICATION.—A consumer
shall notify a consumer reporting agency under
paragraph (1)—
‘‘(A) through the notification system main-
tained by the agency under paragraph (5); or
‘‘(B) by submitting to the agency a signed
notice of election form issued by the agency for
purposes of this subparagraph.
‘‘(3) RESPONSE OF AGENCY AFTER NOTIFICA-
TION THROUGH SYSTEM.—Upon receipt of notifica-
tion of the election of a consumer under paragraph