S.Amdt. 3795

1. Adds SEC. 1077. USE OF CREDIT CHECKS PROHIBITED FOR EMPLOYMENT PURPOSES at the end of subtitle G of title X

   Adds a section

   Inserted: SEC. 1077. USE OF CREDIT CHECKS PROHIBITED FOR EMPLOYMENT PURPOSES.

   Inserted: (a) Prohibition for Employment and Adverse Action.--Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended--

   Inserted: (1) in subsection (a)(3)(B), by inserting "within the restrictions set forth in subsection (b)" after "purposes";

   Inserted: (2) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and

   Inserted: (3) by inserting after subsection (a) the following new subsection:

   Inserted: "(b) Use of Certain Consumer Report Prohibited for Employment Purposes or Adverse Actions.--

   Inserted: "(1) General prohibition.--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 consumer's creditworthiness, credit standing, or credit capacity--

   Inserted: "(A) for employment purposes; or

   Inserted: "(B) for making an adverse action, as described in section 603(k)(1)(B)(ii).

   Inserted: "(2) Source of consumer report irrelevant.--The prohibition described in paragraph (1) shall apply even if the consumer consents or otherwise authorizes the procurement or use of a consumer report for employment purposes or in connection with an adverse action with respect to such consumer.

   Inserted: "(3) Exceptions.--Notwithstanding the prohibitions set forth in this subsection, and consistent with the other provisions of this title, an employer may use a consumer report with respect to a consumer in any case in which --

   Inserted: "(A) the consumer applies for, or currently holds, employment that requires national security or Federal Deposit Insurance Corporation clearance;

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   Inserted: "(B) the consumer applies for, or currently holds, employment with a State or local government agency which otherwise requires use of a consumer report;

   Inserted: "(C) the consumer applies for, or currently holds, any management position or other position involving the handling or supervision of, or access to, customer funds or accounts at a financial institution (including any credit union); and

   Inserted: "(D) use of the consumer report with respect to the consumer is otherwise required by law.

   Inserted: "(4) Effect on disclosure and notification requirements.--The exceptions described in paragraph (3) shall have no effect on the other requirements of this title, including requirements in regards to disclosure and notification to a consumer when permissibly using a consumer report for employment purposes or for taking an adverse action with respect to such consumer.".

   Inserted: (b) Conforming Amendments and Cross References.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended--

   Inserted: (1) in section 603 (15 U.S.C. 1681a)--

   Inserted: (A) in subsection (d)(3), by striking "604(g)(3)" and inserting "604(h)(3)"; and

   Inserted: (B) in subsection (o), by striking "A" and inserting "Subject to the restrictions set forth in section 604(b), a";

   Inserted: (2) in section 604 (15 U.S.C. 1681b)--

   Inserted: (A) in subsection (a), by striking "subsection (c)" and inserting "subsection (d)";

   Inserted: (B) in subsection (c), as redesignated by subsection (a)(2) of this section--

   Inserted: (i) in paragraph (2)(A), by inserting "and subject to the restrictions set forth in subsection (b)" after "subparagraph (B)"; and

   Inserted: (ii) in paragraph (3)(A), by inserting "and subject to the restrictions set forth in subsection (b)" after "subparagraph (B)";

   Inserted: (C) in subsection (d)(1), as redesignated by subsection (a)(2) of this section, by striking "subsection (e)" in both places it appears and inserting "subsection (f)";

   Inserted: (D) in subsection (f), as redesignated by subsection (a)(2) of this section--

   Inserted: (i) in paragraph (1), by striking "subsection (c)(1)(B)" and inserting "subsection (d)(1)(B)"; and

   Inserted: (ii) in paragraph (5), by striking "subsection (c)(1)(B)" and inserting "subsection (d)(1)(B)";

   Inserted: (3) 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)";

   Inserted: (4) in section 609 (15 U.S.C. 1681g)--

   Inserted: (A) in subsection (a)(3)(C)(i), by striking "604(b)(4)(E)(i)" and inserting "604(c)(4)(E)(i)"; and

   Inserted: (B) in subsection (a)(3)(C)(ii), by striking "604(b)(4)(A)" and inserting "604(c)(4)(A)";

   Inserted: (5) in section 613(a) (15 U.S.C. 1681k(a)), by striking "section 604(b)(4)(A)" and inserting "section 604(c)(4)(A)"; and

   Inserted: (6) in section 615 (15 U.S.C. 1681m)--

   Inserted: (A) in subsection (d)(1), by striking "section 604(c)(1)(B)" and inserting "section 604(d)(1)(B)";

   Inserted: (B) in subsection (d)(1)(E), by striking "section 604(e)" and inserting "section 604(f)"; and

   Inserted: (C) in subsection (d)(2)(A), by striking "section 604(e)" and inserting "section 604(f)".

   Original wording

   At the end of subtitle G of title X, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed