HR 3763 EHRFSCommentsClose CommentsPermalink

To amend the Fair Credit Reporting Act to provide for an exclusion from Red Flag Guidelines for certain businesses.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. EXCLUSION FOR CERTAIN SMALL 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:CommentsClose CommentsPermalink





‘(4) EXCLUSION FOR CERTAIN BUSINESSES- For purposes of this subsection, the term ‘creditor’ shall not include--CommentsClose CommentsPermalink





‘(A) a health care practice with 20 or fewer employees;CommentsClose CommentsPermalink





‘(B) an accounting practice with 20 or fewer employees;CommentsClose CommentsPermalink





‘(C) a legal practice with 20 or fewer employees; orCommentsClose CommentsPermalink





‘(D) any other business, if the Commission determines, following an application for exclusion by such business, that such business--CommentsClose CommentsPermalink





‘(i) knows all of its customers or clients individually;CommentsClose CommentsPermalink





‘(ii) only performs services in or around the residences of its customers; orCommentsClose CommentsPermalink





‘(iii) has not experienced incidents of identity theft and identity theft is rare for businesses of that type.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(6) DEFINITIONS- For purposes of this subsection:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) HEALTH CARE PRACTICE-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Passed the House of Representatives October 20, 2009.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

Clerk.CommentsClose CommentsPermalink