; and (iii) the specific factors from the report upon which the adverse action (as defined in section 603(k)(1)(B)(ii)) was based. (D) National security investigations The requirements of paragraph (4) shall apply to a consumer report described under subparagraph (A). (E) Non-circumvention With respect to a consumer report in which any information contained in the report bears on the consumer’s creditworthiness, credit standing, or credit capacity, if a person is prohibited from using the consumer report pursuant to subparagraph (A), such person may not, directly or indirectly, either orally or in writing, require, request, suggest, or cause any employee or prospective employee to submit such information to the person as a condition of employment. (F) Non-waiver A consumer may not waive the requirements of this paragraph with respect to a consumer report. (6) Rule of construction Nothing in this subsection shall be construed to require a consumer reporting agency to prevent a Federal, State, or local law enforcement agency from accessing information in a consumer report to which the law enforcement agency could otherwise obtain access. . (b) Technical amendment The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.) is amended by striking section 604(b)(4)(E)(i) each place such term appears and inserting section 604(b)(4)(D)(i) . III Rehabilitating the credit standing of struggling private education loan borrowers 301. Removes adverse information for certain defaulted or delinquent private education loan borrowers who demonstrate a history of loan repayment (a) In general The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.), as amended by section 405, is further amended by inserting after section 605D the following new section: 605E. Credit rehabilitation for distressed private education loan borrowers who demonstrate a history of loan repayment (a) In general A consumer reporting agency may not furnish any consumer report containing any adverse item of information relating to a delinquent or defaulted private