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Hr 3763
Hr 3763
Hr 3763
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  • 1. IIB 111TH CONGRESS 1ST SESSION H. R. 3763 IN THE SENATE OF THE UNITED STATES OCTOBER 21, 2009 Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs AN ACT To amend the Fair Credit Reporting Act to provide for an exclusion from Red Flag Guidelines for certain businesses. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, jbell on DSKDVH8Z91PROD with BILLS VerDate Nov 24 2008 02:37 Oct 22, 2009 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:BILLSH3763.RFS H3763
  • 2. 2 1 SECTION 1. EXCLUSION FOR CERTAIN SMALL BUSINESSES. 2 (a) IN GENERAL.—Section 615(e) of the Fair Credit 3 Reporting Act (15 U.S.C. 1681m(e)) is amended by add- 4 ing at the end the following new paragraphs: 5 ‘‘(4) EXCLUSION FOR CERTAIN BUSINESSES.— 6 For purposes of this subsection, the term ‘creditor’ 7 shall not include— 8 ‘‘(A) a health care practice with 20 or 9 fewer employees; 10 ‘‘(B) an accounting practice with 20 or 11 fewer employees; 12 ‘‘(C) a legal practice with 20 or fewer em- 13 ployees; or 14 ‘‘(D) any other business, if the Commis- 15 sion determines, following an application for ex- 16 clusion by such business, that such business— 17 ‘‘(i) knows all of its customers or cli- 18 ents individually; 19 ‘‘(ii) only performs services in or 20 around the residences of its customers; or 21 ‘‘(iii) has not experienced incidents of 22 identity theft and identity theft is rare for 23 businesses of that type. 24 ‘‘(5) LIMITATION ON EXCLUSION FOR BUSI- jbell on DSKDVH8Z91PROD with BILLS 25 NESSES NO-LONGER ELIGIBLE.—To the extent that 26 a business can no longer demonstrate that it meets HR 3763 RFS VerDate Nov 24 2008 02:37 Oct 22, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:BILLSH3763.RFS H3763
  • 3. 3 1 the criteria under paragraph (4) that permitted its 2 exclusion from the term ‘creditor’, such exclusion 3 shall no longer apply. 4 ‘‘(6) DEFINITIONS.—For purposes of this sub- 5 section: 6 ‘‘(A) EMPLOYEE.—With respect to a busi- 7 ness, the term ‘employee’ means any individual 8 who works for such business and is paid either 9 wages or a salary. 10 ‘‘(B) HEALTH CARE PRACTICE.— 11 ‘‘(i) IN GENERAL.—The term ‘health 12 care practice’ means a business that’s pri- 13 mary service is providing health care via 14 health care professionals employed by the 15 business. 16 ‘‘(ii) HEALTH CARE PROFESSIONAL.— 17 For purposes of subparagraph (A), the 18 term ‘health care professional’ means an 19 individual engaged in providing health care 20 and licensed under State law, including 21 physicians, dentists, podiatrists, chiroprac- 22 tors, physical therapists, occupational 23 therapists, marriage and family therapists, 24 optometrists, speech therapists, language jbell on DSKDVH8Z91PROD with BILLS HR 3763 RFS VerDate Nov 24 2008 02:37 Oct 22, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:BILLSH3763.RFS H3763
  • 4. 4 1 therapists, hearing therapists, and veteri- 2 narians.’’. 3 (b) PROCESS FOR EXCLUSION APPLICATIONS.—Not 4 later than 180 days after the date of the enactment of 5 this Act, the Federal Trade Commission shall issue regula- 6 tions, in accordance with section 553 of title 5, United 7 States Code, that set forth the process by which a business 8 may apply for an exclusion under section 615(e)(4)(D) of 9 the Fair Credit Reporting Act. Passed the House of Representatives October 20, 2009. Attest: LORRAINE C. MILLER, Clerk. jbell on DSKDVH8Z91PROD with BILLS HR 3763 RFS VerDate Nov 24 2008 02:37 Oct 22, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:BILLSH3763.RFS H3763

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