US Codex
Bill
Notes

To prohibit consumer reporting agencies from including adverse information in certain consumer reports, and from making adverse determinations relating to security clearances, with respect to certain individuals affected by the Government shutdown, and for other purposes.

H.R. 953 · 116th Congress · Feb 4, 2019 · Lineage

A BILL

1. Prohibition on including adverse information in certain consumer reports

(a)
In general— Subject to subsection (b), if an event occurred during a shutdown that resulted in the furnishing of an item of adverse information to a consumer reporting agency that such agency would otherwise include in a consumer report of a covered individual, such agency may not include such information in a consumer report of such covered individual during the period beginning on the first day of a shutdown and ending on the date that is 9 months after the day on which the shutdown ends.
(b)
Covered individuals— For a covered individual to be eligible under subsection (a), such covered individual shall submit a certification to the Bureau of Consumer Financial Protection that the event that resulted in the furnishing of an item of adverse information occurred because of the shutdown.

2. Government shutdown and security clearance determinations

The head of an agency may not make an adverse determination for purposes of granting or renewing a security clearance or an access determination with respect to any covered person (as that term is defined in section 3002(a)(2) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3343(a)(2)) based solely on a failure of that covered person to make any payment on a debt due during the period of a shutdown during which that covered person was furloughed or excepted from such furlough as a result of such shutdown.

3. Definitions

In this Act:
(1)
Consumer reporting agency— The term consumer reporting agency has the meaning given in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a).
(2)
Covered individual— The term covered individual means—
(A)
an employee of the Federal Government furloughed or excepted from such furlough during any shutdown;
(B)
a Federal contractor who, during any shutdown, is not receiving pay by reason of such shutdown; and
(C)
an owner or employee of a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) that is located within a reasonable distance of a building owned or rented by the Federal Government, as determined by the Bureau of Consumer Financial Protection.
(3)
Shutdown— The term shutdown means any lapse in appropriations that begins on or after December 22, 2018.