I 

116TH CONGRESS 

1ST SESSION H. R. 953 

To prohibit consumer reporting agencies from including adverse information 

in certain consumer reports, and from making adverse determinations 

relating to security clearances, with respect to certain individuals affected 

by the Government shutdown, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2019 

Mr. EVANS (for himself, Mr. CISNEROS, Mr. GRIJALVA, Ms. NORTON, Mr. 

JOHNSON of Georgia, Mrs. LAWRENCE, Mr. LAWSON of Florida, Ms. 

MOORE, and Ms. SCHAKOWSKY) introduced the following bill; which was 

referred to the Committee on Oversight and Reform, and in addition to 

the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To prohibit consumer reporting agencies from including adverse information in certain consumer reports, and from 

making adverse determinations relating to security clearances, with respect to certain individuals affected by 

the Government shutdown, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. PROHIBITION ON INCLUDING ADVERSE INFOR2 MATION IN CERTAIN CONSUMER REPORTS. 

3 (a) IN GENERAL.—Subject to subsection (b), if an 

4 event occurred during a shutdown that resulted in the fur5 nishing of an item of adverse information to a consumer 

6 reporting agency that such agency would otherwise include 

7 in a consumer report of a covered individual, such agency 

8 may not include such information in a consumer report 

9 of such covered individual during the period beginning on 

10 the first day of a shutdown and ending on the date that 

11 is 9 months after the day on which the shutdown ends. 

12 (b) COVERED INDIVIDUALS.—For a covered indi13 vidual to be eligible under subsection (a), such covered in14 dividual shall submit a certification to the Bureau of Con15 sumer Financial Protection that the event that resulted 

16 in the furnishing of an item of adverse information oc17 curred because of the shutdown. 

18 SEC. 2. GOVERNMENT SHUTDOWN AND SECURITY CLEAR19 ANCE DETERMINATIONS. 

20 The head of an agency may not make an adverse de21 termination for purposes of granting or renewing a secu22 rity clearance or an access determination with respect to 

23 any covered person (as that term is defined in section 

24 3002(a)(2) of the Intelligence Reform and Terrorism Pre25 vention Act of 2004 (50 U.S.C. 3343(a)(2)) based solely 

26 on a failure of that covered person to make any payment 


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1 on a debt due during the period of a shutdown during 

2 which that covered person was furloughed or excepted 

3 from such furlough as a result of such shutdown. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) CONSUMER REPORTING AGENCY.—The term 

7 ‘‘consumer reporting agency’’ has the meaning given 

8 in section 603 of the Fair Credit Reporting Act (15 

9 U.S.C. 1681a). 

10 (2) COVERED INDIVIDUAL.—The term ‘‘covered 

11 individual’’ means— 

12 (A) an employee of the Federal Govern13 ment furloughed or excepted from such fur14 lough during any shutdown; 

15 (B) a Federal contractor who, during any 

16 shutdown, is not receiving pay by reason of 

17 such shutdown; and 

18 (C) an owner or employee of a small busi19 ness concern (as defined under section 3 of the 

20 Small Business Act (15 U.S.C. 632)) that is lo21 cated within a reasonable distance of a building 

22 owned or rented by the Federal Government, as 

23 determined by the Bureau of Consumer Finan24 cial Protection. 


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1 (3) SHUTDOWN.—The term ‘‘shutdown’’ means 

2 any lapse in appropriations that begins on or after 

3 December 22, 2018. 

Æ 


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