S.Amdt. 2057

SA 2057. Ms. WARREN submitted an amendment intended to be proposed by
her to the bill S. 2155, to promote economic growth, provide tailored
regulatory relief, and enhance consumer protections, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. USE OF CREDIT CHECKS PROHIBITED FOR EMPLOYMENT
PURPOSES.

(a) Prohibition for Employment and Adverse Action.--Section
604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is
amended--
(1) in subsection (a)(3)(B), by inserting ``within the
restrictions set forth in subsection (b)'' after
``purposes'';
(2) by redesignating subsections (b) through (g) as
subsections (c) through (h), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Use of Certain Consumer Report Prohibited for
Employment Purposes or Adverse Action.--
``(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
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 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 the
consumer.
``(3) Exceptions.--Notwithstanding the prohibitions set
forth in this subsection, and consistent with the other
sections of this Act, an employer may use a 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 requirements.--
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 for
employment purposes or for making an adverse action against
the consumer.''.
(b) Conforming Amendments and Cross References.--The Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.) is further
amended as follows:
(1) In section 603 (15 U.S.C. 1681a)--
(A) in subsection (d)(3), by striking ``604(g)(3)'' and
inserting ``604(h)(3)''; and
(B) in subsection (o), by striking ``A'' and inserting
``Subject to the restrictions set forth in subsection 604(b),
a''.

[[Page S1384]]

(2) In section 604 (15 U.S.C. 1681b)--
(A) in subsection (a), by striking ``subsection (c)'' and
inserting ``subsection (d)'';
(B) in subsection (c), as redesignated by subsection (a)(2)
of this section--
(i) in paragraph (2)(A), by inserting ``and subject to the
restrictions set forth in subsection (b)'' after
``subparagraph (B)''; and
(ii) in paragraph (3)(A), by inserting ``and subject to the
restrictions set forth in subsection (b)'' after
``subparagraph (B)'';
(C) in subsection (d)(1), as redesignated by subsection
(a)(2) of this section, by striking ``subsection (e)'' each
place that term appears and inserting ``subsection (f)''; and
(D) in subsection (f), as redesignated by subsection (a)(2)
of this section--
(i) in paragraph (1), by striking ``subsection (c)(1)(B)''
and inserting ``subsection (d)(1)(B)''; and
(ii) in paragraph (5), by striking ``subsection (c)(1)(B)''
and inserting ``subsection (d)(1)(B)''.
(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)''.
(4) In section 609(a)(3)(C) (15 U.S.C. 1681g(a)(3)(C))--
(A) in clause (i), by striking ``604(b)(4)(E)(i)'' and
inserting ``604(c)(4)(E)(i)''; and
(B) in clause (ii), by striking ``604(b)(4)(A)'' and
inserting ``604(c)(4)(A)''.
(5) In section 613(b) (15 U.S.C. 1681k(b)), by striking
section ``604(b)(4)(A)'' and inserting ``section
604(c)(4)(A)''.
(6) In section 615(d) (15 U.S.C. 1681m(d))--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``section 604(c)(1)(B)'' and inserting ``section
604(d)(1)(B)''; and
(ii) in subparagraph (E), by striking ``section 604(e)''
and inserting ``section 604(f)''; and
(B) in paragraph (2)(A), by striking ``section 604(e)'' and
inserting ``section 604(f)''.
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