[Congressional Record Volume 144, Number 138 (Tuesday, October 6, 1998)]
[Senate]
[Pages S11638-S11639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        CONSUMER REPORTING EMPLOYMENT CLARIFICATION ACT OF 1998

  Ms. SNOWE. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of S. 2561 introduced earlier today by 
Senators Nickles and Bryan.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The bill clerk read as follows:

       A bill (S. 2561) to amend the Fair Credit Reporting Act 
     with respect to furnishing and using consumer reports for 
     employment purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. NICKLES. Mr. President, Senator Bryan and I have been working for 
nearly a year to address concerns within the motor carrier industry 
with

[[Page S11639]]

respect to the Fair Credit Reporting Act. I would like to thank Senator 
Byran for his leadership on this important legislation. We have been 
working to ensure all involved parties are in agreement with the 
changes to the Fair Credit Reporting Act in this bill.
  The Consumer Credit Reporting Reform Act of 1996, which passed as 
part of the Omnibus Conciliation Appropriations Act of 1997, contained 
reforms to the Fair Credit Reporting Act which are in conflict with the 
reality of how the motor carrier industry hires safe, responsible 
drivers.
  We have reached an agreement with consumer groups, including U.S. 
PIRG, the chairman and ranking member of the Banking Committee, the 
Federal Trade Commission, and the credit industry which will not reduce 
consumer protections but will ensure a fair process for the regulated 
community. I would like to thank everyone for their help throughout 
this process on this important legislation.
  This legislation will more appropriately address the manner in which 
the trucking industry hires safe, responsible drivers. If an individual 
applies for employment by mail, telephone, or electronic means, the 
employer can notify the potential employee orally, in writing, or 
electronically, that a consumer report may be obtained for employment 
purposes. The applicant must then consent to the procurement of that 
report.
  This legislation will also allow an employer within the trucking 
industry, if the potential employee has applied for employment by mail, 
telephone, or electronically, to take adverse action based on the 
report and then notify the consumer within three business days that 
adverse action has been taken.
  In addition, this bill also includes a provision that will allow 
criminal convictions to be reported past 7 years. This information is 
critical to employers in the areas of child care, education, and 
household services.
  And finally we have included technical amendments to the Fair Credit 
Reporting Act that, again, the Federal Trade Commission and the 
regulated community are in agreement with.
  It is essential that this commonsense legislation pass the Senate 
this year and I encourage my colleagues to support this bill. I want to 
again thank everyone for their support on this issue and I thank my 
colleagues Senator Sarbanes, Senator Bryan, Senator Mack, and others on 
the Banking Committee for their leadership on the Fair Credit Reporting 
Act.
  Ms. SNOWE. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2561) was considered read the third time and passed.
  (The text of the bill will be printed in a future edition of the 
Record.)

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