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Union Calendar No. 520 

116TH CONGRESS 

2D SESSION H. R. 4328 

[Report No. 116–635] 

To amend the Fair Credit Reporting Act to protect certain consumers affected 

by a shutdown, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 13, 2019 

Ms. WATERS (for herself, Mr. MEEKS, Mr. SHERMAN, Ms. WEXTON, and Mr. 

GARCI ́A of Illinois) introduced the following bill; which was referred to the 

Committee on Financial Services 

DECEMBER 8, 2020 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on September 13, 2019] 


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A BILL 

To amend the Fair Credit Reporting Act to protect certain 

consumers affected by a shutdown, and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Innocent 

5 Consumers Affected by a Shutdown Act’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 603 of the Fair Credit Reporting Act (15 

8 U.S.C. 1681a), as amended by section 302(b)(1) of the Eco9 nomic Growth, Regulatory Relief, and Consumer Protection 

10 Act (Public Law 115–174), is amended by adding at the 

11 end the following: 

12 ‘‘(bb) EMPLOYEE AFFECTED BY A SHUTDOWN.—With 

13 respect to a shutdown, the term ‘employee affected by a shut14 down’ means a consumer who— 

15 ‘‘(1) is an employee of— 

16 ‘‘(A) the Federal Government, and who is 

17 furloughed or excepted from a furlough during 

18 the shutdown; 

19 ‘‘(B) the District of Columbia, and who is 

20 not receiving pay because of the shutdown; or 

21 ‘‘(C) a Federal contractor (as defined under 

22 section 7101 of title 41, United States Code) or 

23 other business, and who has experienced a sub24 stantial reduction in pay (directly or indirectly) 

25 due to the shutdown; and 


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1 ‘‘(2) who— 

2 ‘‘(A) is listed in the database established 

3 under section 630; or 

4 ‘‘(B) has self-certified pursuant to such sec5 tion. 

6 ‘‘(cc) SHUTDOWN.—The term ‘shutdown’ means any 

7 period in which there is more than a 24-hour lapse in ap8 propriations as a result of a failure to enact a regular ap9 propriations bill or continuing resolution. 

10 ‘‘(dd) COVERED SHUTDOWN PERIOD.—The term ‘cov11 ered shutdown period’ means, with respect to a shutdown, 

12 the period beginning on the first day of the shutdown and 

13 ending on the date that is 90 days after the last day of 

14 the shutdown.’’. 

15 SEC. 3. EXCLUSION FOR EMPLOYEES AFFECTED BY A SHUT16 DOWN. 

17 Section 605(a) of the Fair Credit Reporting Act (15 

18 U.S.C. 1681c(a)), as amended by section 302(b)(2) of the 

19 Economic Growth, Regulatory Relief, and Consumer Pro20 tection Act (Public Law 115–174), is amended by adding 

21 at the end the following: 

22 ‘‘(9) Any adverse item of information with re23 spect to an action or inaction taken during a covered 

24 shutdown period by an employee affected by a shut25 down.’’. 


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1 SEC. 4. AMENDMENT TO SUMMARY OF RIGHTS FOR EM2 PLOYEES AFFECTED BY A SHUTDOWN. 

3 Section 609(a) of the Fair Credit Reporting Act (15 

4 U.S.C. 1681g(a)) is amended by adding at the end the fol5 lowing: 

6 ‘‘(7) Information on the rights of an employee 

7 affected by a shutdown, including which consumers 

8 may be an employee affected by a shutdown and the 

9 process for a consumer to self-certify as an employee 

10 affected by a shutdown under section 630.’’. 

11 SEC. 5. DATABASE AND SELF-CERTIFICATION FOR EMPLOY12 EES AFFECTED BY A SHUTDOWN. 

13 (a) IN GENERAL.—The Fair Credit Reporting Act (15 

14 U.S.C. 1681 et seq.) is amended by adding at the end the 

15 following new section: 

16 ‘‘§ 630. Database and self-certification for employees 

17 affected by a shutdown 

18 ‘‘(a) DATABASE.— 

19 ‘‘(1) IN GENERAL.—With respect to each shut20 down, the consumer reporting agencies described in 

21 section 603(p) shall jointly establish a database that 

22 includes employees affected by the shutdown as re23 ported pursuant to paragraph (2). 

24 ‘‘(2) CONTENTS OF DATABASE.— 

25 ‘‘(A) FURLOUGHED EMPLOYEES AND CON26 TRACTORS.—Each authority of the executive, legVerDate Sep 11 2014 02:04 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H4328.RH H4328

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1 islative, or judicial branch of the Federal Gov2 ernment or District of Columbia shall provide to 

3 the consumer reporting agencies described in sec4 tion 603(p) a list identifying— 

5 ‘‘(i) employees of such authority that 

6 are furloughed, excepted from furlough, or 

7 not receiving pay because of a shutdown; 

8 and 

9 ‘‘(ii) to the extent practicable, employ10 ees of contractors of such authority. 

11 ‘‘(B) SELF-CERTIFIED CONSUMERS.—A con12 sumer that self-certifies as an employee affected 

13 by a shutdown pursuant to subsection (b) shall 

14 be included in the database, unless the Bureau 

15 determines such consumer is not an employee af16 fected by a shutdown. 

17 ‘‘(3) ACCESS TO DATABASE.—The consumer re18 porting agencies described in section 603(p) shall 

19 make the database established under this subsection 

20 available to the Bureau, other consumer reporting 

21 agencies, furnishers of information to consumer re22 porting agencies, and users of consumer reports. A 

23 consumer reporting agency described in section 603(x) 

24 shall periodically access the database to confirm the 

25 accuracy of information such an agency has that 


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1 identifies a consumer as an employee affected by a 

2 shutdown. 

3 ‘‘(b) SELF-CERTIFICATION PROCESS.—A consumer 

4 shall be deemed to be an employee affected by a shutdown 

5 if such consumer self-certifies through— 

6 ‘‘(1) the website established under subsection (c); 

7 or 

8 ‘‘(2) a toll-free telephone number established by 

9 a consumer reporting agency. 

10 ‘‘(c) WEBSITE.—The consumer reporting agencies de11 scribed in section 603(p) shall jointly establish a website 

12 for a consumer to self-certify as an employee affected by 

13 a shutdown. Such website may not include any advertise14 ment or other solicitation.’’. 

15 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

16 contents of the Fair Credit Reporting Act is amended by 

17 adding at the end the following new item: 

‘‘630. Database and self-certification for employees affected by a shutdown.’’. 

18 SEC. 6. PROHIBITION ON ADVERSE ACTIONS AGAINST EM19 PLOYEES AFFECTED BY A SHUTDOWN. 

20 Section 604 of the Fair Credit Reporting Act (15 

21 U.S.C. 1681b) is amended by adding at the end the fol22 lowing: 

23 ‘‘(h) PROHIBITION ON ADVERSE ACTIONS AGAINST

24 EMPLOYEES AFFECTED BY A SHUTDOWN.—If a user of a 

25 consumer report knows that a consumer is an employee afVerDate Sep 11 2014 02:04 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H4328.RH H4328

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1 fected by a shutdown, such user may not take an adverse 

2 action based on— 

3 ‘‘(1) any adverse item of information contained 

4 in such report with respect to an action or inaction 

5 taken during a covered shutdown period by the em6 ployee; or 

7 ‘‘(2) information on the consumer included in 

8 the database established under section 630.’’. 

9 SEC. 7. BUREAU REGULATIONS OR GUIDANCE. 

10 Not later than 30 days after the date of the enactment 

11 of this Act, the Bureau of Consumer Financial Protection 

12 shall issue rules or guidance, as appropriate, to carry out 

13 the requirements of this Act. 


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Union Calendar No. 520 

116TH CONGRESS 

2D SESSION H. R. 4328 

[Report No. 116–635] 

A BILL 

To amend the Fair Credit Reporting Act to protect 

for other purposes. certain consumers affected by a shutdown, and 

DECEMBER 8, 2020 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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