HR5354-119

2. Use of credit checks prohibited for employment purposes Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended— in subsection (a)(3)(B), by inserting subject to the requirements set forth in subsection (b) after purposes; by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; by inserting after subsection (a) the following new subsection: Except as provided in paragraph (3), a person, including a prospective employer or current employer, may not use a consumer report or investigative consumer report, or cause a consumer report or investigative consumer report to be procured, with respect to any consumer where any information contained in the report bears on the creditworthiness, credit standing, or credit capacity of the consumer— for employment purposes; or for making an adverse action, as described in section 603(k)(1)(B)(ii). The prohibition described in paragraph (1) shall apply regardless of whether the consumer consents or otherwise authorizes the procurement or use of a consumer report or investigative consumer report for employment purposes or in connection with an adverse action described in section 603(k)(1)(B)(ii) with respect to the consumer. Notwithstanding the prohibitions set forth in this subsection, an employer may use a consumer report or investigative consumer report with respect to a consumer in the following situations: When the consumer applies for, or currently holds, employment that requires national security clearance. When otherwise required by law. The exceptions described in paragraph (3) shall have no effect upon the other requirements of this Act, including requirements in regards to disclosure and notification to a consumer when permissibly using a consumer report or investigative consumer report for employment purposes or for making an adverse action described in section 603(k)(1)(B)(ii) against the consumer. in subsection (c), as so redesignated— in paragraph (1)— by amending the paragraph heading to read as follows: Use of consumer reports for employment purposes; in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and by moving such subclauses two ems to the right; by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses two ems to the right; by striking the period at the end of clause (ii) (as so redesignated) and inserting ; and; by striking agency may furnish and inserting agency— may furnish by adding at the end the following new subparagraph: except as provided in paragraph (5), may not furnish a consumer report with respect to any consumer in which any information contained in the report bears on the consumer’s creditworthiness, credit standing, or credit capacity to an employer if the employer seeks to use such information in a denial of employment or any other decision made for employment purposes. by adding at the end the following new paragraph: An employer may use a consumer report with respect to any consumer in which any information contained in the report bears on the consumer’s creditworthiness, credit standing, or credit capacity in a decision made for employment purposes or before taking an adverse action for employment purposes only if the consumer authorizes the procurement of the report as described in paragraph (2)(A)(ii) and— the consumer applies for, or currently holds, employment that requires the consumer to be eligible for access to classified information; or when otherwise required by law. A person who seeks to obtain or use a consumer report with respect to any consumer in which any information contained in the report bears on the consumer’s creditworthiness, credit standing, or credit capacity may not deny employment to the consumer or make any other decision for employment purposes with respect to the consumer because the consumer has not authorized the procurement of the report as described in paragraph (2)(A)(ii). The Fair Credit Reporting Act is further amended as follows: In section 603 (15 U.S.C. 1681a)— in subsection (d)(3), by striking 604(g)(3) and inserting 604(h)(3); and in subsection (o), by striking A communication and inserting Subject to the restrictions set forth in subsection 604(b), a communication. In section 604 (15 U.S.C. 1681b)— in subsection (a), by striking subsection (c) and inserting subsection (d); in subsection (c), as redesignated by subsection (a)(2) of this section— in paragraph (2)(A), by inserting and subject to the restrictions set forth in subsection (b) after subparagraph (B); and in paragraph (3)(A), by inserting and subject to the restrictions set forth in subsection (b) after subparagraph (B); in subsection (d)(1), as redesignated by subsection (a)(2) of this section, by striking subsection (e) in both places that term appears and inserting subsection (f); and in subsection (f), as redesignated by subsection (a)(2) of this section— in paragraph (1), by striking subsection (c)(1)(B) and inserting subsection (d)(1)(B); and in paragraph (5), by striking subsection (c)(1)(B) and inserting subsection (d)(1)(B). In section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by striking 604(b)(4)(E)(i) and inserting 604(c)(4)(E)(i). In section 609 (15 U.S.C. 1681g)— in subsection (a)(3)(C)(i), by striking 604(b)(4)(E)(i) and inserting 604(c)(4)(E)(i); and in subsection (a)(3)(C)(ii), by striking 604(b)(4)(A) and inserting 604(c)(4)(A). In section 613(b) (15 U.S.C. 1681k(b)) by striking section 604(b)(4)(A) and inserting section 604(c)(4)(A). In section 615 (15 U.S.C. 1681m)— in subsection (d)(1), by striking section 604(c)(1)(B) and inserting section 604(d)(1)(B); in subsection (d)(1)(E), by striking section 604(e) and inserting section 604(f); and in subsection (d)(2)(A), by striking section 604(e) and inserting section 604(f). (b)Use of certain consumer report prohibited for employment purposes or adverse action (1)General prohibitionExcept as provided in paragraph (3), a person, including a prospective employer or current employer, may not use a consumer report or investigative consumer report, or cause a consumer report or investigative consumer report to be procured, with respect to any consumer where any information contained in the report bears on the creditworthiness, credit standing, or credit capacity of the consumer— (A)for employment purposes; or (B)for making an adverse action, as described in section 603(k)(1)(B)(ii). (2)Source of consumer report irrelevantThe prohibition described in paragraph (1) shall apply regardless of whether the consumer consents or otherwise authorizes the procurement or use of a consumer report or investigative consumer report for employment purposes or in connection with an adverse action described in section 603(k)(1)(B)(ii) with respect to the consumer. (3)ExceptionsNotwithstanding the prohibitions set forth in this subsection, an employer may use a consumer report or investigative consumer report with respect to a consumer in the following situations: (A)When the consumer applies for, or currently holds, employment that requires national security clearance. (B)When otherwise required by law. (4)Effect on disclosure and notification requirementsThe exceptions described in paragraph (3) shall have no effect upon the other requirements of this Act, including requirements in regards to disclosure and notification to a consumer when permissibly using a consumer report or investigative consumer report for employment purposes or for making an adverse action described in section 603(k)(1)(B)(ii) against the consumer.; and agency— (A)may furnish; and (B)except as provided in paragraph (5), may not furnish a consumer report with respect to any consumer in which any information contained in the report bears on the consumer’s creditworthiness, credit standing, or credit capacity to an employer if the employer seeks to use such information in a denial of employment or any other decision made for employment purposes.; and (5)Requirements for consumer reports bearing on the consumer’s creditworthiness, credit standing, or credit capacity (A)ExceptionsAn employer may use a consumer report with respect to any consumer in which any information contained in the report bears on the consumer’s creditworthiness, credit standing, or credit capacity in a decision made for employment purposes or before taking an adverse action for employment purposes only if the consumer authorizes the procurement of the report as described in paragraph (2)(A)(ii) and— (i)the consumer applies for, or currently holds, employment that requires the consumer to be eligible for access to classified information; or (ii)when otherwise required by law. (B)LimitationA person who seeks to obtain or use a consumer report with respect to any consumer in which any information contained in the report bears on the consumer’s creditworthiness, credit standing, or credit capacity may not deny employment to the consumer or make any other decision for employment purposes with respect to the consumer because the consumer has not authorized the procurement of the report as described in paragraph (2)(A)(ii)..