[Congressional Record Volume 164, Number 39 (Tuesday, March 6, 2018)]
[Senate]
[Pages S1383-S1384]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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