H.R.3763 - To amend the Fair Credit Reporting Act to provide for an exclusion from Red Flag Guidelines for certain businesses.111th Congress (2009-2010)
|Sponsor:||Rep. Adler, John H. [D-NJ-3] (Introduced 10/08/2009)|
|Committees:||House - Financial Services | Senate - Banking, Housing, and Urban Affairs|
|Latest Action:||Senate - 10/21/2009 Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (All Actions)|
|Roll Call Votes:||There has been 1 roll call vote|
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Passed House
Text: H.R.3763 — 111th Congress (2009-2010)All Information (Except Text)
Text available as:
Referred in Senate (10/21/2009)
Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs
To amend the Fair Credit Reporting Act to provide for an exclusion from Red Flag Guidelines for certain businesses.
(a) In general.—Section 615(e) of the Fair Credit Reporting Act (15 U.S.C. 1681m(e)) is amended by adding at the end the following new paragraphs:
“(A) a health care practice with 20 or fewer employees;
“(B) an accounting practice with 20 or fewer employees;
“(C) a legal practice with 20 or fewer employees; or
“(i) knows all of its customers or clients individually;
“(ii) only performs services in or around the residences of its customers; or
“(iii) has not experienced incidents of identity theft and identity theft is rare for businesses of that type.
“(5) LIMITATION ON EXCLUSION FOR BUSINESSES NO-LONGER ELIGIBLE.—To the extent that a business can no longer demonstrate that it meets the criteria under paragraph (4) that permitted its exclusion from the term ‘creditor’, such exclusion shall no longer apply.
“(A) EMPLOYEE.—With respect to a business, the term ‘employee’ means any individual who works for such business and is paid either wages or a salary.
“(i) IN GENERAL.—The term ‘health care practice’ means a business that’s primary service is providing health care via health care professionals employed by the business.
“(ii) HEALTH CARE PROFESSIONAL.—For purposes of subparagraph (A), the term ‘health care professional’ means an individual engaged in providing health care and licensed under State law, including physicians, dentists, podiatrists, chiropractors, physical therapists, occupational therapists, marriage and family therapists, optometrists, speech therapists, language therapists, hearing therapists, and veterinarians.”.
(b) Process for exclusion applications.—Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall issue regulations, in accordance with section 553 of title 5, United States Code, that set forth the process by which a business may apply for an exclusion under section 615(e)(4)(D) of the Fair Credit Reporting Act.
Passed the House of Representatives October 20, 2009.
|Attest:||lorraine c. miller,|