[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3416 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3416

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2010

 Mr. Thune (for himself and Mr. Begich) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


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

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

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:
            ``(4) Exclusion for certain businesses.--For purposes of 
        this subsection, the term `creditor' shall not include--
                    ``(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
                    ``(D) any other business, if the Commission 
                determines, following an application for exclusion by 
                such business, that such business--
                            ``(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.
            ``(6) Definitions.--For purposes of this subsection:
                    ``(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.
                    ``(B) Health care practice.--
                            ``(i) In general.--The term `health care 
                        practice' means a business, the primary service 
                        of which is providing health care through 
                        health care professionals employed by the 
                        business.
                            ``(ii) Health care professional.--For 
                        purposes of clause (i), the term `health care 
                        professional' means an individual engaged in 
                        providing health care and licensed under State 
                        law, including a physician, a dentist, a 
                        podiatrist, a chiropractor, a physical 
                        therapist, an occupational therapist, a 
                        marriage or family therapist, an optometrist, a 
                        speech therapist, a language therapist, a 
                        hearing therapist, and a veterinarian.''.
    (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, as added by this Act.
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