Sec. 2. Use of credit checks prohibited for employment purposes
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/bill/115/s/1819/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 604 of the Fair Credit Reporting Act ( 15 U.S.C. 1681b ) is amended— in subsection (a)(3)(B), by inserting within the restrictions set forth in subsection
(b)after purposes ; by redesignating subsections
(b)through
(g)as subsections
(c)through (h), respectively; and by inserting after subsection
(a)the following new subsection: 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— for employment purposes; or for making an adverse action, as described in section 603(k)(1)(B)(ii). 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. 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: When the consumer applies for, or currently holds, employment that requires national security clearance. When otherwise required by law. 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. . The Fair Credit Reporting Act is further amended as follows: In section 603 ( 15 U.S.C. 1681a )— in subsection (d)(3), by striking 604(g)(3) and inserting 604(h)(3) ; and in subsection (o), by striking A and inserting Subject to the restrictions set forth in subsection 604(b), a . In section 604 ( 15 U.S.C. 1681b )— in subsection (a), by striking subsection
(c)and inserting subsection
(d); in subsection (c), as redesignated by subsection (a)(2) of this section— in paragraph (2)(A), by inserting and subject to the restrictions set forth in subsection
(b)after subparagraph
(B); and in paragraph (3)(A), by inserting and subject to the restrictions set forth in subsection
(b)after subparagraph
(B); in subsection (d)(1), as redesignated by subsection (a)(2) of this section, by striking subsection
(e)in both places that term appears and inserting subsection
(f); and in subsection (f), as redesignated by subsection (a)(2) of this section— in paragraph (1), by striking subsection (c)(1)(B) and inserting subsection (d)(1)(B) ; and in paragraph (5), by striking subsection (c)(1)(B) and inserting subsection (d)(1)(B) . 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) . In section 609 ( 15 U.S.C. 1681g )— in subsection (a)(3)(C)(i), by striking 604(b)(4)(E)(i) and inserting 604(c)(4)(E)(i) ; and in subsection (a)(3)(C)(ii), by striking 604(b)(4)(A) and inserting 604(c)(4)(A) . In section 613(b) ( 15 U.S.C. 1681k(b) ) by striking section 604(b)(4)(A) and inserting section 604(c)(4)(A) . In section 615 ( 15 U.S.C. 1681m )— in subsection (d)(1), by striking section 604(c)(1)(B) and inserting section 604(d)(1)(B) ; in subsection (d)(1)(E), by striking section 604(e) and inserting section 604(f) ; and in subsection (d)(2)(A), by striking section 604(e) and inserting section 604(f) .
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Sec. 2
Use of credit checks prohibited for employment purposes
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