Summary#
This bill would add a new protection to the Fair Credit Reporting Act for federal employees affected by a lapse in appropriations (a government shutdown). It would stop consumer reporting agencies (credit bureaus) from including adverse items for late or missed payments that happened while a covered federal employee was furloughed or working without pay. The bill also directs the consumer protection bureau to write rules quickly and urges private lenders to give temporary relief to affected employees.
- Main change: Consumer reporting agencies may not include adverse information about late or missed payments that occurred during a covered shutdown period for covered federal employees. Such late or missed payments must be treated, for reporting purposes, as if the payment had been made.
- Who is a covered employee: A federal employee who is furloughed or required to work without pay during a lapse in appropriations.
- What counts as a covered period: Any time when a lapse in appropriations causes delayed pay to a covered employee.
- Rulemaking: The Director of the Bureau of Consumer Financial Protection must issue rules to implement this change within 30 days of the law taking effect.
- Private lenders: The bill expresses the view that private lenders should offer forbearance, waive late fees, and refrain from reporting adverse information, but this part is a non-binding statement (a "sense of Congress").
What it means for you#
- Federal employees furloughed or unpaid during a shutdown: Late or missed payments that happen because of the shutdown could not be reported as adverse items on your consumer report. For credit-reporting purposes, those missed payments would be treated as if you had paid.
- Consumers generally: If you are not a covered federal employee, this change likely does not affect you directly.
- Consumer reporting agencies (credit bureaus): They would have to change practices and systems so that they do not include the specified adverse items for covered employees during covered periods.
- Private lenders and creditors: The bill asks them (non-binding) to offer temporary flexibility, waive fees, and avoid reporting adverse information for covered employees. The bill itself does not force private lenders to do those things.
- Employers and payroll offices: No direct change is made to pay schedules or obligations; the bill focuses on credit reporting, not on when pay is delivered.
Expenses#
No publicly available information.
- The bill requires the Bureau of Consumer Financial Protection to issue rules within 30 days. That will create some administrative work for the Bureau.
- Consumer reporting agencies may incur costs to update systems and processes to implement the prohibition.
- If private lenders follow the bill’s non-binding recommendations, they could lose some late-fee revenue or delay collections; the bill does not require compensation or offset for lenders.
- The bill text includes no fiscal note, budget estimate, or specific cost figures.
Proponents' View#
- The bill appears intended to protect federal employees from credit harm caused by missed or late payments tied to government shutdowns.
- This could be seen as preventing temporary, employer-caused problems from forever lowering a worker’s credit score.
- Treating missed payments as if paid for reporting purposes could reduce downstream harms such as higher interest rates or denial of credit for affected employees.
- Quick rulemaking (30 days) aims to deliver rapid protection after enactment.
- The non-binding statement encourages private lenders to offer practical relief, like waivers and forbearance.
Opponents' View#
- One concern is how to verify who is a covered employee and which payment delinquencies actually resulted from a covered period. The bill does not explain verification procedures.
- The 30-day deadline for rulemaking is short; implementing clear, workable rules in that time could be difficult.
- The bill does not require private lenders to offer forbearance or waive fees; the recommended actions are non-binding, so relief from lenders is not guaranteed.
- Consumer reporting agencies and lenders may face operational costs to change reporting systems and credit decision processes.
- It is unclear whether the rule applies to joint accounts, accounts held by contractors, or situations where the payment issue overlaps non-covered time. The bill’s scope on these points is not detailed.