SJRES 133 (119th Congress, 2nd Session)
Joint Resolution – Congressional disapproval of a CFPB rule withdrawal related to Fair Credit Reporting; Background Screening
Overview
- Purpose: To disapprove, under the Congressional disapproval process in Chapter 8 of Title 5, United States Code, the Bureau of Consumer Financial Protection (CFPB) rule withdrawing the previously issued rule concerning “Fair Credit Reporting; Background Screening.” If enacted, the CFPB withdrawal rule would have no force or effect.
- Status: Introduced in Senate March 18, 2026 by Senator Blunt Rochester (co-sponsored by Lisa Blunt Rochester). Discharged from Committee and placed on the Senate calendar on April 27, 2026.
What the bill does
- Disapproval mechanism: Uses the Joint Resolution process under 5 U.S.C. 802 (the Congressional Review Act’s disapproval option) to nullify the CFPB rule titled “Withdrawal of the rule relating to ‘Fair Credit Reporting; Background Screening’,” identified in the record as 89 Federal Register 4171 (January 23, 2024) and 90 Federal Register 20084 (May 12, 2025).
- Effect of passage: If Congress passes this joint resolution and it is enacted, the identified CFPB withdrawal rule would have no force or effect. In practical terms, the CFPB would be obligated to maintain or revert to the previously applicable rule or to any statutory framework that governs background screening and fair credit reporting, as if the withdrawal had not occurred.
Key references and specifics
- Rule being disapproved: The CFPB’s withdrawal of its rule relating to “Fair Credit Reporting; Background Screening.”
- Rule identifiers: 89 Fed. Reg. 4171 (January 23, 2024); 90 Fed. Reg. 20084 (May 12, 2025).
- Legal vehicle: Congressional disapproval under Chapter 8 of Title 5, United States Code (the Congressional Review Act’s disapproval mechanism).
- Legislative status timeline:
- March 18, 2026: Introduced in Senate; referred to Committee on Banking, Housing, and Urban Affairs.
- April 27, 2026: Committee discharged by petition and placed on the Senate calendar.
- The resolution would still need House consideration and presidential approval to become law.
Who is affected
- Regulatory: The CFPB and entities subject to the Fair Credit Reporting/Background Screening rule, including background-screening practices by consumer reporting agencies, lenders, employers, and other users of consumer credit and background information.
- Practically, those relying on the withdrawal (i.e., the change) would be affected: if the disapproval is enacted, the previously applicable rule structure would remain in place, potentially preserving stricter or alternative background-screening requirements as originally in effect before the withdrawal.
Procedural and timeline considerations
- This is a fast-track statutory mechanism (Congressional Review Act) aimed at overturning an agency withdrawal rule.
- Passage requires bicameral approval and presidential signature.
- If enacted, the withdrawal rule would be nullified retroactively or prospectively depending on subsequent rulemaking and statutory interpretation, consistent with how CRA disapproval resolutions are implemented.
Notes for readers
- The bill does not change CFPB authority to issue or withdraw rules in general; it specifically targets this withdrawal action and seeks to reinstate the pre-withdrawal regulatory framework for fair credit reporting and background screening.
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