110 STAT. 3009 -429 PUBLIC LAW 104-208—SEPT. 30, 1996 "(o) EXCLUDED COMMUNICATIONS.— ^A communication is described in this subsection if it is a communication— "(1) that, but for subsection (d)(2)(E), would be an investigative consumer report; "(2) that is made to a prospective employer for the purpose of— "(A) procuring an employee for the employer; or "(B) procuring an opportunity for a natural person to work for the employer; "(3) that is made by a person who regularly performs such procurement; "(4) that is not used by any person for any purpose other than a purpose described in subparagraph (A) or (B) of paragraph (2); or "(5) with respect to which— "(A) the consumer who is the subject of the communication— "(i) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication; "(ii) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication; and "(iii) in the case of consent under clause (i) or (ii) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person; "(B) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employ- ment opportunity law or regulation; and "(C) the person who makes the communication— "(i) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumer's file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in wMch an action is brought; and "(ii) notifies the consumer who is the subject of the communication, in writing, of the consumer's right to request the information described in clause (i).". (g) CONSUMER REPORTING AGENCY THAT COMPILES AND MAIN- TAINS FILES ON A NATIONWIDE BASIS. —Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) (as amended by subsection (f) of this section) is amended by adding at the end the following new subsection: "(p) CONSUMER REPORTING AGENCY THAT COMPILES AND MAIN- TAINS FILES ON CONSUMERS ON A NATIONWIDE BASIS. —The term
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