H.R. 5354

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5354 Introduced in House (IH)]

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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 Representatives 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''.

SEC. 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 ``subject 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 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 regardless 
of whether the consumer consents or otherwise authorizes the 
procurement or use of a consumer report or investigative 
consumer report 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 prohibitions set 
forth in this subsection, an employer may use a consumer report 
or investigative 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 or investigative consumer 
report for employment purposes or for making an adverse action 
described in section 603(k)(1)(B)(ii) 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 
communication'' and inserting ``Subject to the 
restrictions set forth in subsection 604(b), a 
communication''.
(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)''.
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