[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3149 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3149

To amend the Fair Credit Reporting Act to prohibit the use of consumer 
    credit checks against prospective and current employees for the 
            purposes of making adverse employment decisions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2009

Mr. Cohen (for himself, Mr. Gutierrez, Mr. Meek of Florida, Ms. Edwards 
   of Maryland, Mr. Conyers, Mr. Al Green of Texas, Ms. Waters, Ms. 
Clarke, Mr. Johnson of Georgia, Ms. Kilpatrick of Michigan, Ms. Watson, 
 Ms. Moore of Wisconsin, Ms. Eddie Bernice Johnson of Texas, Mr. Davis 
 of Illinois, Mr. Ellison, Mr. McGovern, Mr. Grijalva, Mr. Towns, Ms. 
 Velazquez, Mr. Thompson of Mississippi, Mr. Jackson of Illinois, Ms. 
Sutton, Mr. Lewis of Georgia, Ms. Jackson-Lee of Texas, Mr. Hastings of 
Florida, Mr. Rush, and Mr. Meeks of New York) introduced the following 
    bill; which was referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
To amend the Fair Credit Reporting Act to prohibit the use of consumer 
    credit checks against prospective and current employees for the 
            purposes of making adverse employment decisions.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Employment for All Act''.

SEC. 2. 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 new 
        subsection:
    ``(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 
        consumer's creditworthiness, credit standing, or credit 
        capacity--
                    ``(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 such 
        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 or 
                FDIC clearance.
                    ``(B) When the consumer applies for, or currently 
                holds, employment with a State or local government 
                agency which otherwise requires use of a consumer 
                report.
                    ``(C) When the consumer applies for, or currently 
                holds, a supervisory, managerial, professional, or 
                executive position at a financial institution.
                    ``(D) 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 such consumer.''.
    (b) Conforming Amendments and Cross References.--Such Act 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 
                section 604(b), a''.
            (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)'' in both places it appears and 
                inserting ``subsection (f)'';
                    (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 (15 U.S.C. 1681g)--
                    (A) in subsection (a)(3)(C)(i), by striking 
                ``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)''; 
                and
                    (B) in subsection (a)(3)(C)(ii), by striking 
                ``604(b)(4)(A)'' and inserting ``604(c)(4)(A)''.
            (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)''.
            (6) In section 615 (15 U.S.C. 1681m)--
                    (A) in subsection (d)(1), by striking ``section 
                604(c)(1)(B)'' and inserting ``section 604(d)(1)(B)'';
                    (B) in subsection (d)(1)(E), by striking ``section 
                604(e)'' and inserting ``section 604(f)''; and
                    (C) in subsection (d)(2)(A), by striking ``section 
                604(e)'' and inserting ``section 604(f)''.
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