Congress restores consumer protections against unfair background screening
S.J.Res. 133 — A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to the withdrawal of the rule relating to "Fair Credit Reporting; Background Screening". · Filed by Lisa Blunt Rochester (D-DE) · Introduced Mar 18, 2026 · Reported out
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What it does
This resolution uses the Congressional Review Act to block the CFPB's decision to withdraw a consumer-protection rule on fair credit reporting and background screening. By disapproving the CFPB's withdrawal, Congress restores the underlying fair-credit rule, preventing employers and others from using background checks without proper consumer safeguards.
Why we flagged it
This is a Congressional Review Act disapproval resolution that restores a consumer-protection rule by blocking the CFPB's withdrawal of it. The operative mechanism is a negation of a negation—voiding a rescission—which restores the underlying consumer safeguard.
What the text implies
- Restoring the rule may increase compliance costs for employers and background-screening companies, but does not directly regulate them—it restores consumer rights to challenge inaccurate or discriminatory reports.
- The rule's restoration may affect the scope of background checks used in hiring, housing, credit, and insurance decisions, potentially reducing access to certain consumer segments if screening becomes more costly.
The full analysis lists 3 implications of this text.
Who it affects
Restoring the fair-credit-reporting rule strengthens consumer protections against discriminatory or inaccurate background screening by employers and other entities. Consumers regain legal remedies and procedural safeguards that the CFPB's withdrawal had removed.