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".
- Bill Number
- S.J.Res. 133
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Finance and Financial Sector
- Status
- Introduced
- Latest Action
- 2026-05-13: Motion to proceed to consideration of measure rejected in Senate by Voice Vote. (consideration: CR S2266)
- Last Updated
- 2026-05-14T18:16:18Z
AI-Generated Summary
Summary of S.J. Res. 133 (119th Congress, 2d Session)
Purpose
This joint resolution uses the Congressional Review Act (CRA)—a law allowing Congress to overturn certain federal agency rules—to block the Bureau of Consumer Financial Protection (CFPB) from withdrawing its earlier rule on "Fair Credit Reporting; Background Screening." The goal is to keep the original background screening rule in place.
Key Provisions
- Disapproval of CFPB action: Congress explicitly disapproves the CFPB's rule withdrawing the "Fair Credit Reporting; Background Screening" rule (originally published January 23, 2024, at 89 Fed. Reg. 4171; withdrawal notice published May 12, 2025, at 90 Fed. Reg. 20084).
- No force or effect: The withdrawal rule is nullified, meaning it cannot be enforced.
Significant Changes to Existing Law
- Reverses the CFPB's decision to scrap the 2024 background screening rule, effectively reinstating it without needing new rulemaking.
- Demonstrates CRA's application to an agency's withdrawal of its own prior rule, which is uncommon.
Potential Impacts
- Government agencies: Limits CFPB's flexibility to change its regulations, increasing congressional oversight of consumer finance rules.
- Citizens and businesses: Maintains requirements for fair credit reporting in background checks (e.g., for jobs), potentially affecting how employers screen applicants and how consumers' credit data is used.
- No direct international effects, as it focuses on domestic consumer protection.
Main Stakeholders Affected
- Bureau of Consumer Financial Protection (CFPB): Loses ability to withdraw the rule.
- Credit reporting agencies (e.g., Equifax, Experian): Must continue complying with background screening standards.
- Employers and businesses: Face ongoing obligations for fair use of credit data in hiring or tenant screening.
- Consumers: Benefits from preserved protections against inaccurate or unfair credit-based background checks.
Notable Legal, Constitutional, or Political Implications
- Legal: Invokes CRA (5 U.S.C. ch. 8), bypassing typical agency rulemaking; committee discharge by petition (5 U.S.C. 802(c)) sped it to the Senate calendar.
- Constitutional: Reinforces Congress's oversight of executive agencies under Article I, checking administrative state actions.
- Political: Highlights partisan or bipartisan efforts to influence CFPB regulations; introduced by Sen. Blunt Rochester (D-DE), showing cross-aisle potential in consumer finance debates.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Blunt Rochester, Lisa [D-DE]
Recent Actions
- 2026-05-13: Motion to proceed to consideration of measure rejected in Senate by Voice Vote. (consideration: CR S2266)
- 2026-04-27: Placed on Senate Legislative Calendar under General Orders. Calendar No. 389.
- 2026-04-27: Senate Committee on Banking, Housing, and Urban Affairs discharged, by petition, pursuant to 5 U.S.C. 802(c).
- 2026-04-27: Senate Committee on Banking, Housing, and Urban Affairs discharged, by petition, pursuant to 5 U.S.C. 802(c).
- 2026-03-18: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
- 2026-03-18: Introduced in Senate
Bill Versions
- 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. — issued 2026-03-18 — PDF (2 pages)
- 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. — issued 2026-04-27 — PDF (4 pages)