FCRA_(14).pdf

FAIR CREDIT REPORTING ACT (FCRA)

FACT SHEET

Information provided concerning the Disclosure and Authorization Pertaining to

Consumer Reports Pursuant to the Fair Credit Reporting Act (FCRA)

A required component of your investigation for employment in a moderate or high-risk position or National Security Clearance, is an inquiry with a credit bureau. Under provisions of the FCRA (15 U.S.C. 1681b), Section 604, (b)(2)(A) and (B), Permissible Purposes of Consumer Reports, we may not obtain the report unless:

- “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 consists solely of the disclosure that a consumer report may be obtained for employment purposes” and

- “the consumer has authorized in writing the procurement of the report by that person.”

The Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act included in this booklet must be signed so we can conduct an inquiry with a credit bureau and complete your investigation. If the Department intends to take any adverse action based in whole or in part on your credit report, you are entitled to certain protections as set out in the FCRA. These protections are also attached for your information.

Please read, sign, and return the FCRA Disclosure Statement on the last page

FCRA FACT SHEET (continued)

A Summary of Your Rights under the Fair Credit Reporting Act (FCRA)

The FCRA is designed to promote accuracy, fairness, and privacy of information in the files of every consumer reporting agency (CRA). Most CRAs are credit bureaus that gather and sell information about you – such as if you pay your bills on time or have filed for bankruptcy – to creditors, employers, landlords, and other businesses. You can find the complete text of the FCRA, 15 U.S.C. 1681-1681u, at the Federal Trade Commission’s web site (http://www.ftc.gov). The FCRA gives you specific rights, as outlined below. You may have additional rights under state law. You may contact a state or local consumer protection agency or a state attorney general to learn of those rights.

• You must be told if information in your file has been used against you. Anyone who uses information from a CRA to take action against you-such as denying application for credit, insurance, or employment-must tell you, and give you the name, address, and phone number of the CRA that provided the consumer report.

• You can find out what is in your file. At your request, a CRA must give you the information in your file, and a list of everyone who has requested it recently. There is no charge for your file if a person has taken action against you because of information supplied by the CRA, if you request the report within 60 days of receiving notice of action. You are also entitled to one free report every twelve months upon request if you certify that (1) you are unemployed and plan to seek employment within 60 days,

(2) you are on welfare, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars.

• You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate information, the CRA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAs-to which it has provided the data-of any error.) The CRA must give you a written report of the investigation and a copy of your report if the investigation results in any change. If the CRA’s investigation does not resolve the dispute, you may add a brief statement to your file.

The CRA must normally include a summary of your statement in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change.

• Inaccurate information must be corrected and deleted. A CRA must remove or correct inaccurate information from its files, usually within 30 days after you dispute it.

However, the CRA is not required to remove accurate data from your file unless it is outdated (as described below) or cannot be verified. If your dispute results in any changes to your report, the CRA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition, the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address, and phone number of the information source.

http://www.ftc.gov)/

• You can dispute inaccurate items with the source of the information. If you tell anyone-such as a creditor who reports to a CRA-that you dispute an item, they may not then report the information to a CRA without including a notice of your dispute. In addition, once you’ve notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error.

• Outdated information may not be reported. In most cases, a CRA may not report negative information that is more than seven years old or ten years old for bankruptcies.

• Access to your file is limited. A CRA may provide information about you only to people with a need recognized by the FCRA-usually to consider an application with a creditor, insurer, employer, landlord, or other business.

• Your consent is required for reports that are provided to employers, or reports that contain medical information. A CRA may not give out information about you to your employer, or prospective employer, without your written consent. A CRA may not report medical information about you to your creditors, insurers, or employers without your permission.

• You may choose to exclude your name from the CRA lists for unsolicited credit and insurance offers. Creditors and insurers may use file information as the basis for sending you unsolicited offers of credit or insurance. Such offers must include a toll-free phone number for you to call if you want your name and address removed from future lists. If you call, you must be kept off the lists for two years. If you request, complete, and return the CRA form provided for this purpose, you must be taken off the lists indefinitely.

• You may seek damages from violators. If a CRA, a user or (in some cases) a provider of CRA data, violates the FCRA, you may sue them in state or federal court.

The FCRA gives several different federal agencies authority to enforce the FRCA:

For Questions or Concerns Regarding: Please Contact:

CRAs, creditors, and others not listed below

Federal Trade Commission Consumer Response Center-FCRA Washington, D.C. 20580

(202) 326-3761

National banks, federal branches/agencies or foreign banks (word “National” or initials “N.A.” appear in or after the bank’s name)

Office of the Comptroller of the Currency Compliance Management Mail Stop 6-6 Washington, D.C. 20219 800-613-6743

Federal Reserve System member banks (except national banks and federal branches/agencies or foreign banks)

Federal Reserve Bank Division of Consumer & Community Affairs Washington, D.C. 20551 202-452-3693

Savings associations and federally chartered savings banks (word “Federal” or initials “F.S.B.” appear in federal institution’s name)

Office of Thrift Supervision Consumer Programs Washington, D.C. 20522 800-612-6929

Federal Credit Unions (words “Federal Credit Union” appear in institution’s name)

National Credit Union Administration 1775 Duke Street Alexandria, VA 22314 703-518-6360

State-chartered banks that are not members of the Federal Reserve System

Federal Deposit Insurance Corporation Division of Compliance & Consumer Affairs Washington, D.C. 20590

800-934-FDIC

Air, surface, or common rail carriers regulated by the form Civil Aeronautics Board or Interstate Commerce Commission

Department of Transportation Office of Financial Management Washington, D.C. 20590 202-366-1306

Activities subject to the Packers and Stockyards Act, 1921

Department of Agriculture Office of the Deputy Administrator-GIPSA Washington, D.C. 20250 202-720-7051

FCRA DISCLOSURE

Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act (FCRA)

This is a release for the Department of Homeland Security, Customs and Border Protection (CBP) to obtain one or more consumer/credit reports about you for an investigation in connection with your application for employment. This release is effective throughout the course of your employment with CBP, including your employment as a CBP contractor. One or more reports about you may be obtained for employment purposes, which results in a change to your position risk level, or access to classified information.

I, ________________________________, hereby authorize the Department of the (Printed Name) Homeland Security to obtain such report(s) from any consumer/credit reporting agency for employment purposes. This authorization is valid for 5 years from the signed date, or upon termination of my employment with CBP, or until CBP has completed the investigation, whichever is sooner. If I apply for another position that requires a credit inquiry, I understand that I may be required to complete a new authorization.

Signature

Date

SSN

This form is in compliance with the Privacy Act of 1974. Our authorized right to ask for this information is 5 U.S.C. 301 and Executive Order 10450, which established the criteria for sensitive Government positions. This information you supply by signing this release of information will be used principally to aid in the completion of an investigation to determine your suitability for employment in the Federal service or for other employment purposes. Such purposes include, but are not limited to, a security clearance, evaluation of qualification, suitability, loyalty to the United States, and eligibility for access to government facilities, information, or information technology systems. The information obtained may be re-disclosed to other Federal agencies for the above purposes and to the extent that is authorized by law.

Your signature on this release is voluntary, however; your failure to complete the form may mean that the required information cannot be obtained to complete your investigation. This may affect your placement or security clearance prospects.

If the Department intends to take any adverse action based in whole or in part on your credit report, you are entitled to certain protections as set out in the FCRA. These protections are also attached for your information.