Title: Protecting Innocent Consumers Affected by a Shutdown Act
Policy area: Finance and Financial Sector

Summary:
Protecting Innocent Consumers Affected by a Shutdown Act
This bill prohibits credit reporting agencies from including on a credit report certain adverse information regarding certain employees affected by a government shutdown. It also provides for a database of consumers affected by a government shutdown and prohibits a report user from taking adverse action against an employee on the basis of information in a report or in the database.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4328 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4328

  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. 
 Garcia of Illinois) introduced the following bill; which was referred 
                 to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
  To amend the Fair Credit Reporting Act to protect certain consumers 
            affected by a shutdown, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Innocent Consumers 
Affected by a Shutdown Act''.

SEC. 2. DEFINITION OF EMPLOYEE AFFECTED BY A SHUTDOWN.

    Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), as 
amended by section 302(b)(1) of the Economic Growth, Regulatory Relief, 
and Consumer Protection Act (Public Law 115-174), is amended by adding 
at the end the following:
    ``(bb) Employee Affected by a Shutdown.--With respect to a 
shutdown, the term `employee affected by a shutdown' means a consumer 
who--
            ``(1) is an employee of--
                    ``(A) the Federal Government, and who is furloughed 
                or excepted from a furlough during the shutdown;
                    ``(B) the District of Columbia, and who is not 
                receiving pay because of the shutdown; or
                    ``(C) a Federal contractor (as defined under 
                section 7101 of title 41, United States Code) or other 
                business, and who has experienced a substantial 
                reduction in pay (directly or indirectly) due to the 
                shutdown; and
            ``(2) who--
                    ``(A) is listed in the database established under 
                section 630; or
                    ``(B) has self-certified pursuant to such section.
    ``(cc) Shutdown.--The term `shutdown' means any period in which 
there is more than a 24-hour lapse in appropriations as a result of a 
failure to enact a regular appropriations bill or continuing 
resolution.
    ``(dd) Covered Shutdown Period.--The term `covered shutdown period' 
means, with respect to a shutdown, the period beginning on the first 
day of the shutdown and ending on the date that is 90 days after the 
last day of the shutdown.''.

SEC. 3. EXCLUSION FOR EMPLOYEES AFFECTED BY A SHUTDOWN.

    Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 
1681c(a)), as amended by section 302(b)(2) of the Economic Growth, 
Regulatory Relief, and Consumer Protection Act (Public Law 115-174), is 
amended by adding at the end the following:
            ``(9) Any adverse item of information with respect to an 
        action or inaction taken during a covered shutdown period by an 
        employee affected by a shutdown.''.

SEC. 4. AMENDMENT TO SUMMARY OF RIGHTS FOR EMPLOYEES AFFECTED BY A 
              SHUTDOWN.

    Section 609(a) of the Fair Credit Reporting Act (15 U.S.C. 
1681g(a)) is amended by adding at the end the following:
            ``(7) Information on the rights of an employee affected by 
        a shutdown, including which consumers may be an employee 
        affected by a shutdown and the process for a consumer to self-
        certify as an employee affected by a shutdown under section 
        630.''.

SEC. 5. DATABASE AND SELF-CERTIFICATION FOR EMPLOYEES AFFECTED BY A 
              SHUTDOWN.

    (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et 
seq.) is amended by adding at the end the following new section:
``Sec. 630. Database and self-certification for employees affected by a 
              shutdown
    ``(a) Database.--
            ``(1) In general.--With respect to each shutdown, the 
        consumer reporting agencies described in section 603(p) shall 
        jointly establish a database that includes employees affected 
        by the shutdown as reported pursuant to paragraph (2).
            ``(2) Contents of database.--
                    ``(A) Furloughed employees and contractors.--Each 
                authority of the executive, legislative, or judicial 
                branch of the Federal Government or District of 
                Columbia shall provide to the consumer reporting 
                agencies described in section 603(p) a list 
                identifying--
                            ``(i) employees of such authority that are 
                        furloughed, excepted from furlough, or not 
                        receiving pay because of a shutdown; and
                            ``(ii) to the extent practicable, employees 
                        of contractors of such authority.
                    ``(B) Self-certified consumers.--A consumer that 
                self-certifies as an employee affected by a shutdown 
                pursuant to subsection (b) shall be included in the 
                database, unless the Bureau determines such consumer is 
                not an employee affected by a shutdown.
            ``(3) Access to database.--The consumer reporting agencies 
        described in section 603(p) shall make the database established 
        under this subsection available to the Bureau, other consumer 
        reporting agencies, furnishers of information to consumer 
        reporting agencies, and users of consumer reports. A consumer 
        reporting agency described in section 603(x) shall periodically 
        access the database to confirm the accuracy of information such 
        an agency has that identifies a consumer as an employee 
        affected by a shutdown.
    ``(b) Self-Certification Process.--A consumer shall be deemed to be 
an employee affected by a shutdown if such consumer self-certifies 
through--
            ``(1) the website established under subsection (c); or
            ``(2) a toll-free telephone number established by a 
        consumer reporting agency.
    ``(c) Website.--The consumer reporting agencies described in 
section 603(p) shall jointly establish a website for a consumer to 
self-certify as an employee affected by a shutdown. Such website may 
not include any advertisement or other solicitation.''.
    (b) Table of Contents Amendment.--The table of contents of the Fair 
Credit Reporting Act is amended by adding at the end the following new 
item:

``630. Database and self-certification for employees affected by a 
                            shutdown.''.

SEC. 6. PROHIBITION ON ADVERSE ACTIONS AGAINST EMPLOYEES AFFECTED BY A 
              SHUTDOWN.

    Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is 
amended by adding at the end the following:
    ``(h) Prohibition on Adverse Actions Against Employees Affected by 
a Shutdown.--If a user of a consumer report knows that a consumer is an 
employee affected by a shutdown, such user may not take an adverse 
action based on--
            ``(1) any adverse item of information contained in such 
        report with respect to an action or inaction taken during a 
        covered shutdown period by the employee; or
            ``(2) information on the consumer included in the database 
        established under section 630.''.

SEC. 7. BUREAU REGULATIONS OR GUIDANCE.

    Not later than 30 days after the date of the enactment of this Act, 
the Bureau of Consumer Financial Protection shall issue rules or 
guidance, as appropriate, to carry out the requirements of this Act.
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