[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4373 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4373

To amend the Fair Credit Reporting Act to limit disclosure of consumer 
     reports on an employee which are obtained in connection with 
                    allegations of illegal conduct.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2000

Ms. Schakowsky introduced the following bill; which was referred to the 
              Committee on Banking and Financial Services

_______________________________________________________________________

                                 A BILL


 
To amend the Fair Credit Reporting Act to limit disclosure of consumer 
     reports on an employee which are obtained in connection with 
                    allegations of illegal conduct.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FAIR CREDIT REPORTING ACT.

    (a) Section 604.--Section 604(b) of the Fair Credit Reporting Act 
(15 U.S.C. 1681b(b)) is amended by adding at the end the following:
            ``(5) Application.--Paragraphs (2)(A) and (3)(A) do not 
        apply with respect to a consumer report for an employee which 
        is obtained for the purposes of investigating allegations of a 
        violation of the Americans with Disabilities Act of 1990, the 
        Age Discrimination Act of 1975, the Older Americans Act of 
        1965, the Age Discrimination in Employment Act of 1967, title 
        VII of the Civil Rights Act of 1964 or analogous State and 
        local laws.''.
    (b) Section 606.--Section 606 of the Fair Credit Reporting Act (15 
U.S.C. 1681d) is amended by adding at the end the following:
    ``(e) Subsections (a), (b), (c), and (d)(1) do not apply with 
respect to a consumer report for an employee which is obtained for the 
purposes of investigating allegations of a violation of the Americans 
with Disabilities Act of 1990, the Age Discrimination Act of 1975, the 
Older Americans Act of 1965, the Age Discrimination in Employment Act 
of 1967, title VII of the Civil Rights Act of 1964 or analogous State 
and local laws.''.
    (c) Section 609.--Section 609(a)(1) of the Fair Credit Reporting 
Act (15 U.S.C. 1681g) is amended by adding before the period at the end 
the following: ``or, in the case of a consumer report for an employee 
which is obtained for the purposes of investigating allegations of a 
violation of the Americans with Disabilities Act of 1990, the Age 
Discrimination Act of 1975, the Older Americans Act of 1965, the Age 
Discrimination in Employment Act of 1967, title VII of the Civil Rights 
Act of 1964 or analogous State and local laws by that employee, to 
require prior to any adverse action or in any case, not later than 30 
days after the commencement of an investigation or after such date upon 
request, disclosure of more than a summary containing the nature and 
substance of the information (i.e. information which is meaningful and 
genuine that serves as a basis of the decision to investigate but is 
not so specific as to identify witnesses or otherwise inhibit the 
investigation) in the consumer's file at the time of the request for 
the consumer report''.
                                 <all>