GovTrack’s Bill Summary
We don’t have a summary available yet.
H.R. 3763 (111th): To amend the Fair Credit Reporting Act to provide for an exclusion from Red Flag Guidelines for certain businesses.
- Introduced:
- Oct 08, 2009 (111th Congress, 2009–2010)
- Sponsor:
- Rep. John Adler [D-NJ3]
- Status:
- Died (Passed House)
The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.
Library of Congress Summary
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
10/20/2009--Passed House without amendment.
(This measure has not been amended since it was introduced.
The summary of that version is repeated here.) Amends the Fair Credit Reporting Act with respect to the duties of users of consumer reports who take adverse actions on the basis of information contained in such reports.
Excludes any health care practice, accounting practice, or legal practice with 20 or fewer employees from the meaning of creditor subject to Red Flag Guidelines regarding identity theft promulgated by the proper federal financial regulatory agency.
Excludes any other business which the Federal Trade Commission (FTC) determines:
(1) knows all its customers or clients individually;
(2) only performs services in or around the residences of its customers; or
(3) has not experienced incidents of identity theft, and identity theft is rare for businesses of that type.
States that such exclusion shall no longer apply to any business that can no longer meet such eligibility criteria.
House Republican Conference Summary
The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.
This summary can be found at http://www.gop.gov/bill/111/1/hr3763.
Summary
H.R. 3763 would exclude a health care practice, accounting practice and legal practice with twenty or fewer employees from the Fair Credit Reporting Act's red flag guidelines. Red flag guidelines set out how certain businesses and organizations must develop, implement, and administer their identity theft prevention programs. Also, H.R. 3763 would authorize the Federal Trade Commission to exclude any other business the commission determines necessary following an application for exclusion by such business, that such business: 1) knows all of its customers or clients individually; 2) only performs services in or around the residences of its customers; or 3) has not experienced incidents of identity theft and identity theft is rare for businesses of that type.
Cost
The Congressional Budget Office (CBO) has not yet produced a cost estimate for H.R. 3763.
House Democratic Caucus Summary
The House Democratic Caucus does not provide summaries of bills.
So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.
We’ll be looking for a source of summaries from the other side in the meanwhile.
The bill contains the following citations to other parts of U.S. law:
United States Code
The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)
- Title 5: GOVERNMENT ORGANIZATION AND EMPLOYEES
- Part I: THE AGENCIES GENERALLY
- Chapter 5: ADMINISTRATIVE PROCEDURE
- Subchapter II: ADMINISTRATIVE PROCEDURE
- Section 553: Rule making
- Title 15: COMMERCE AND TRADE
- Chapter 41: CONSUMER CREDIT PROTECTION
- Subchapter III: CREDIT REPORTING AGENCIES
- Section 1681m: Requirements on users of consumer reports