I 
119TH CONGRESS 
1ST SESSION H. R. 5354 
To amend the Fair Credit Reporting Act to prohibit the use of consumer 
credit checks against prospective and current employees for the purposes 
of making adverse employment decisions. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 15, 2025 
Mr. COHEN (for himself, Mr. DAVIS of Illinois, Mr. MULLIN, Ms. NORTON, 
and Ms. SCHAKOWSKY) introduced the following bill; which was referred 
to the Committee on Financial Services 
A BILL 
To amend the Fair Credit Reporting Act to prohibit the 
use of consumer credit checks against prospective and 
current employees for the purposes of making adverse 
employment decisions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Equal Employment 
for All Act of 2025’’. 
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SEC. 2. USE OF CREDIT CHECKS PROHIBITED FOR EMPLOY-
MENT 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 ‘‘sub-
ject to the requirements set forth in subsection (b)’’ 
after ‘‘purposes’’; 
(2) by redesignating subsections (b) through (g) 
as subsections (c) through (h), respectively; 
(3) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) USE OF CERTAIN CONSUMER REPORT PROHIB-
ITED FOR EMPLOYMENT PURPOSES OR ADVERSE AC-
TION.— 
‘‘(1) GENERAL PROHIBITION.—Except as pro-
vided in paragraph (3), a person, including a pro-
spective employer or current employer, may not use 
a consumer report or investigative consumer report, 
or cause a consumer report or investigative con-
sumer report to be procured, with respect to any 
consumer where any information contained in the re-
port bears on the creditworthiness, credit standing, 
or credit capacity of the consumer— 
‘‘(A) for employment purposes; or 
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‘‘(B) for making an adverse action, as de-
scribed in section 603(k)(1)(B)(ii). 
‘‘(2) SOURCE OF CONSUMER REPORT IRRELE-
VANT.—The prohibition described in paragraph (1) 
shall apply regardless of whether the consumer con-
sents or otherwise authorizes the procurement or use 
of a consumer report or investigative consumer re-
port for employment purposes or in connection with 
an 
adverse 
action 
described 
in 
section 
603(k)(1)(B)(ii) with respect to the consumer. 
‘‘(3) EXCEPTIONS.—Notwithstanding the prohi-
bitions set forth in this subsection, an employer may 
use a consumer report or investigative consumer re-
port with respect to a consumer in the following sit-
uations: 
‘‘(A) When the consumer applies for, or 
currently holds, employment that requires na-
tional security clearance. 
‘‘(B) When otherwise required by law. 
‘‘(4) EFFECT ON DISCLOSURE AND NOTIFICA-
TION REQUIREMENTS.—The exceptions described in 
paragraph (3) shall have no effect upon the other re-
quirements of this Act, including requirements in re-
gards to disclosure and notification to a consumer 
when permissibly using a consumer report or inves-
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‘‘(i) the consumer applies for, or cur-
rently holds, employment that requires the 
consumer to be eligible for access to classi-
fied information; or 
‘‘(ii) when otherwise required by law. 
‘‘(B) LIMITATION.—A person who seeks to 
obtain or use a consumer report with respect to 
any consumer in which any information con-
tained in the report bears on the consumer’s 
creditworthiness, credit standing, or credit ca-
pacity may not deny employment to the con-
sumer or make any other decision for employ-
ment purposes with respect to the consumer be-
cause the consumer has not authorized the pro-
curement of the report as described in para-
graph (2)(A)(ii).’’. 
(b) CONFORMING AMENDMENTS AND CROSS REF-
ERENCES.—The Fair Credit Reporting Act 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 com-
munication’’ and inserting ‘‘Subject to the re-
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strictions set forth in subsection 604(b), a com-
munication’’. 
(2) In section 604 (15 U.S.C. 1681b)— 
(A) in subsection (a), by striking ‘‘sub-
section (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)’’ in both places that term ap-
pears and inserting ‘‘subsection (f)’’; and 
(D) in subsection (f), as redesignated by 
subsection (a)(2) of this section— 
(i) in paragraph (1), by striking ‘‘sub-
section (c)(1)(B)’’ and inserting ‘‘sub-
section (d)(1)(B)’’; and 
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(ii) in paragraph (5), by striking 
‘‘subsection (c)(1)(B)’’ and inserting ‘‘sub-
section (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 (15 U.S.C. 1681g)— 
(A) in subsection (a)(3)(C)(i), by striking 
‘‘604(b)(4)(E)(i)’’ 
and 
inserting 
‘‘604(c)(4)(E)(i)’’; and 
(B) in subsection (a)(3)(C)(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 ‘‘sec-
tion 604(c)(4)(A)’’. 
(6) In section 615 (15 U.S.C. 1681m)— 
(A) in subsection (d)(1), by striking ‘‘sec-
tion 604(c)(1)(B)’’ and inserting ‘‘section 
604(d)(1)(B)’’; 
(B) in subsection (d)(1)(E), by striking 
‘‘section 
604(e)’’ 
and 
inserting 
‘‘section 
604(f)’’; and 
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(C) in subsection (d)(2)(A), by striking 
‘‘section 
604(e)’’ 
and 
inserting 
‘‘section 
604(f)’’. 
Æ 
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