[Congressional Record Volume 145, Number 163 (Wednesday, November 17, 1999)]
[Extensions of Remarks]
[Page E2421]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    INTRODUCTION OF THE FAIR CREDIT REPORTING AMENDMENTS ACT OF 1999

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                           HON. PETE SESSIONS

                                of texas

                    in the house of representatives

                       Tuesday, November 16, 1999

  Mr. SESSIONS. Mr. Speaker, today I introduce legislation to provide a 
technical clarification to the Fair Credit Reporting Act (FCRA). This 
clarification is necessary to protect workers and small businesses from 
unsafe work conditions and to root out illegal activity in the 
workplace.
  Provisions of the Fair Credit Reporting Act (FCRA) as amended in 1996 
undermine investigations of sexual harassment, embezzlement, workplace 
violence, drug sales and other illegal activities in the workplace. 
Because of an interpretation by the Federal Trade Commission (FTC) of 
the 1996 FCRA amendments, employers who retain investigators, 
attorneys, or others to conduct inquiries into unlawful activities 
subject themselves to the provisions of the Act and must: Provide 
notice before initiating an investigation; obtain written authorization 
from the suspect and other employees; upon request, disclose the 
``nature and scope of the investigation''; and prior to taking any 
adverse action against an employee, provide the employee a complete and 
unedited copy of the investigative report.
  When the FCRA amendments were passed in 1996, Congress did not intend 
for such burdensome restrictions to be placed on employers who seek to 
provide safe, crime free workplaces for their employees.
  The Occupational Safety and Health Act requires employers to provide 
a safe and secure workplace. And Civil rights laws require employers to 
investigate allegations of sexual harassment and discrimination. Yet, 
the FCRA makes such inquiries impossible. Even if the employer is able 
to persuade a suspect employee to consent to an investigation, the 
investigation could still be thwarted by the accused who may be able to 
``cover his tracks.'' Even more important is the chilling effect of 
providing investigative reports to suspected miscreants. What witness 
will be forthcoming when they find out the accused will know who spoke 
to the investigator? What is the logic of asking a deranged employee if 
you can investigate him?
  Americans are all concerned with the rise in incidences of workplace 
violence, including killings this month in Seattle, Washington and 
Honolulu, Hawaii. At a time when we are all concerned about workplace 
violence, the FCRA is tying the hands of employers who attempt to 
protect their employees.
  The application of the FCRA is far broader than Congress intended 
when the law was amended in 1996. It now undercuts virtually all 
workplace investigations and may impact on legitimate inquiries outside 
of the workplace as well. Congress needs to make clear that these 
investigations are not covered by the Act.
  The legislation I introduce today, the Fair Credit Reporting 
Amendments of 1999, has been drafted through a careful bipartisan 
process. Concerns from consumer groups and the FTC were incorporated 
into the final draft of this legislation. The legislation removes the 
requirement of employee consent for an employer to investigate a 
limited number of illegal or unsafe activities in the workplace. These 
limited activities include drug use or sales, violence, sexual 
harassment, employment discrimination, job safety or health violations, 
criminal activity including theft, embezzlement, sabotage, arson, 
patient or elder abuse, and child abuse.
  Additionally, should an employer seek to use such a report to take 
any action against an employee, the employer must inform the employee 
that a report was prepared as well as the nature and scope of the 
report.
  This is important legislation that should be considered early in the 
next session of Congress. I urge my colleagues to join as cosponsors 
and push for speedy passage of this bill to reduce crime and provide 
safer workplaces.

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