II 118th CONGRESS 1st Session S. 2690 IN THE SENATE OF THE UNITED STATES July 27, 2023 Ms. Warren (for herself, Ms. Hirono , Mr. Merkley , Mr. Whitehouse , Mr. Markey , Mr. Murphy , Mrs. Gillibrand , Mr. Durbin , Mr. Fetterman , Mr. Blumenthal , Mr. Booker , Mr. Menendez , Mr. Brown , Mr. Wyden , Mr. Sanders , and Mr. Welch ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 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.

1. Short title This Act may be cited as the Equal Employment for All Act of 2023 . 2. Use of credit checks prohibited for employment 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 within the restrictions set forth in subsection (b) after purposes ; (2) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and (3) by inserting after subsection (a) the following new subsection: (b) Use of certain consumer report prohibited for employment purposes or adverse action (1) General prohibition 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— (A) for employment purposes; or (B) for making an adverse action, as described in section 603(k)(1)(B)(ii). (2) Source of consumer report irrelevant 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. (3) Exceptions 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: (A) When the consumer applies for, or currently holds, employment that requires national security clearance. (B) When otherwise required by law. (4) Effect on disclosure and notification requirements 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. ; and (4) in subsection (c), as so redesignated— (A) in paragraph (1)— (i) by amending the paragraph heading to read as follows: Use of consumer reports for employment purposes ; (ii) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and by moving such subclauses two ems to the right; (iii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses two ems to the right; (iv) by striking the period at the end of clause (ii) (as so redesignated) and inserting ; and ; (v) by striking agency may furnish and inserting agency— (A) may furnish ; and (vi) by adding at the end the following new subparagraph: (B) except as provided in paragraph (5), may not furnish a consumer report with respect to any consumer in which any information contained in the report bears on the consumer’s creditworthiness, credit standing, or credit capacity to an employer if the employer seeks to use such information in a denial of employment or any other decision made for employment purposes. ; and (B) by adding at the end the following new paragraph: (5) Requirements for consumer reports bearing on the consumer’s creditworthiness, credit standing, or credit capacity (A) Exceptions An employer may use a consumer report with respect to any consumer in which any information contained in the report bears on the consumer’s creditworthiness, credit standing, or credit capacity in a decision made for employment purposes or before taking an adverse action for employment purposes only if the consumer authorizes the procurement of the report as described in paragraph (2)(A)(ii) and— (i) the consumer applies for, or currently holds, employment that requires the consumer to be eligible for access to classified 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 contained in the report bears on the consumer’s creditworthiness, credit standing, or credit capacity may not deny employment to the consumer or make any other decision for employment purposes with respect to the consumer because the consumer has not authorized the procurement of the report as described in paragraph (2)(A)(ii). . (b) Conforming amendments and cross references 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 and inserting Subject to the restrictions set forth in subsection 604(b), a . (2) In section 604 ( 15 U.S.C. 1681b )— (A) in subsection (a), by striking subsection (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 appears and inserting subsection (f) ; and (D) in subsection (f), as redesignated by subsection (a)(2) of this section— (i) in paragraph (1), by striking subsection (c)(1)(B) and inserting subsection (d)(1)(B) ; and (ii) in paragraph (5), by striking subsection (c)(1)(B) and inserting subsection (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 section 604(c)(4)(A) . (6) In section 615 ( 15 U.S.C. 1681m )— (A) in subsection (d)(1), by striking section 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 (C) in subsection (d)(2)(A), by striking section 604(e) and inserting section 604(f) .