[Congressional Record Volume 149, Number 174 (Tuesday, November 25, 2003)]
[Extensions of Remarks]
[Pages E2463-E2464]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONFERENCE REPORT ON H.R. 2622, FAIR AND ACCURATE CREDIT TRANSACTIONS 
                              ACT OF 2003

                                 ______
                                 

                               speech of

                         HON. MICHAEL G. OXLEY

                                of ohio

                    in the house of representatives

                       Friday, November 21, 2003

  Mr. OXLEY. Mr. Speaker, I am inserting for the Record an exchange of 
correspondence between myself and the gentleman from Wisconsin (Mr. 
Sensenbrenner), the Chairman of the Committee on the Judiciary, 
regarding his committee's jurisdictional interest in the Senate 
amendment to H.R. 2622, the Fair and Accurate Credit Transactions Act 
of 2003.

                                         House of Representatives,


                                   Committee on the Judiciary,

                                Washington, DC, November 19, 2003.
     Hon. Mike Oxley,
     Chairman, Committee on Financial Services,
     House of Representatives, Washington, DC.
       Dear Chairman Oxley: In recognition of the desire to 
     expedite conference consideration of H.R. 2622, the ``Fair 
     and Accurate Credit Transactions Act of 2003,'' I will not 
     request that Members of the Committee on the Judiciary be 
     appointed as additional conferees. However, certain of the 
     provisions contained in the Senate-passed version of H.R. 
     2622 do fall within the Rule X jurisdiction of the Committee 
     on the Judiciary, and the Committee on the Judiciary takes 
     this action with the understanding that the Committee's 
     jurisdiction over these provisions is in no way diminished or 
     altered.
       Section 115 of the Senate version of H.R. 2622 makes some 
     minor amendments to 18 U.S.C. 1028, the existing identity 
     theft provision in the criminal code. These amendments add 
     possession of false identification documents to the criminal 
     prohibition and increase the penalty from the 3 to 5 years.
       Section 151 of the Senate version of H.R. 2622 adds new 
     provisions to Sec. 609 of the Fair Credit Reporting Act that 
     provide for a new right to consumer victims of identity theft 
     to obtain records from businesses of fraudulent transactions 
     conducted in their name. The right is only enforceable by the 
     public agencies under existing law. However, new 
     Sec. 609(e)(9) provides for a new affirmative defense for the 
     businesses so that they can show they have searched for the 
     records and do not have any.
       Section 156 of the Senate version of H.R. 2622 amends the 
     current statute of limitations under the Fair Credit 
     Reporting Act. Under current law, the statute allows the 
     claim to be brought until the later of two years from the 
     date on which the liability arises or two years from the date 
     of discovery if there has been willful misrepresentation. 
     The bill would change this to the earlier of two years 
     from the date of discovery, irrespective of 
     misrepresentation, or five years from the date on which 
     the liability arises.
       I understand that our staffs have worked out a mutually 
     acceptable resolution of these provisions that will be 
     included in the conference report. I appreciate your 
     willingness to work together on these provisions. I would 
     appreciate your including this letter in the Congressional 
     Record during consideration of the conference report on H.R. 
     2622 on the House floor. I appreciate your attention to these 
     matters.
           Sincerely,
                                      F. James Sensenbrenner, Jr.,
     Chairman.
                                  ____



                              Committee on Financial Services,

                                Washington, DC, November 20, 2003.
     Hon. F. James Sensenbrenner, Jr.,
     Chairman, Committee on the Judiciary,
     House of Representatives, Washington, DC.
       Dear Chairman Sensenbrenner: Thank you for your recent 
     letter regarding your committee's jurisdictional interest in 
     certain provisions of the Senate amendment to H.R. 2622, the 
     Fair and Accurate Credit Transactions Act of 2003. I 
     appreciate your willingness to forgo the appointment of 
     additional conferees on those provisions in an effort to 
     expedite the conference on this important legislation. I 
     agree that your decision not to seek additional conferees on 
     those sections in no way diminishes or alters the 
     jurisdiction of the Committee on the Judiciary with respect 
     to those provisions.

[[Page E2464]]

       You are correct that our staffs have worked closely to 
     ensure that those issues were resolved to our mutual 
     satisfaction and I greatly appreciate your cooperation in 
     this effort. I will include a copy of your letter and this 
     response in the Congressional Record during House 
     consideration of the conference report.
       Again, thank you for your cooperation.
           Yours truly,
                                                 Michael G. Oxley,
     Chairman.

                          ____________________