Yes. The Clearinghouse is subject to certain provisions of the FCRA. However, the Federal Motor Carrier Safety Administration (FMCSA) does not fall within FCRA’s definition of “consumer reporting agency.” Therefore, provisions of the FCRA that impose obligations on “consumer reporting agencies” do not apply to the FMCSA’s administration of the Clearinghouse regulations.
Note that if an employer uses a consortium/third-party administrator (C/TPA) to assist with reporting and query obligations, the employer and its C/TPA (a consumer reporting agency) are subject to the FCRA, and they should comply with their individual requirements.