[Congressional Record (Bound Edition), Volume 149 (2003), Part 16]
[House]
[Pages 21580-21584]
[From the U.S. Government Publishing Office, www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 2622

                       Offered By: Mr. Kanjorski

       Amendment No. 1: Page 7, strike line 13 and all that 
     follows through line 24 and insert the following (and conform 
     the table of contents accordingly):

     SEC. 101. 9-YEAR EXTENSION OF UNIFORM NATIONAL CONSUMER 
                   PROTECTION STANDARDS.

       Paragraph (2) of section 624(d) of the Fair Credit 
     Reporting Act (15 U.S.C. 1681t(d)(2)) is amended to read as 
     follows:
       ``(2) shall not apply after December 31, 2012.''.

                               H.R. 2622

                          Offered By: Ms. Lee

       Amendment No. 2: Page 7, strike line 15 and all that 
     follows through line 24 and insert the following:
       Section 624(d)(2) of the Fair Credit Reporting Act (15 
     U.S.C. 1681t(d)(2)) is amended to read as follows:
       ``(2) do not apply to the California Financial Information 
     Privacy Act (division 1.2 of the California Financial Code, 
     as in effect after June 30, 2004) or the law of any other 
     State that is similar to the California Financial Information 
     Privacy Act.''.

                               H.R. 2622

                         Offered By: Mr. Inslee

       Amendment No. 3: Page 80, after line 5, add the following 
     new title (and conform the table of contents accordingly):

[[Page 21581]]



                   TITLE VIII--TECHNICAL CORRECTIONS

     SEC. 801. AMENDMENTS RELATING TO SECTIONS 625 AND 626 OF THE 
                   FAIR CREDIT REPORTING ACT.

       (a) Section 625.--Section 625(h) of the Fair Credit 
     Reporting Act (15 U.S.C. 1681u(h)) is amended by striking 
     ``Committee on Banking, Finance and Urban Affairs'' and 
     inserting ``Committee on Financial Services''.
       (b) Section 626.--Section 626 of the Fair Credit Reporting 
     Act (15 U.S.C. 1681v) is amended--
       (1) in subsection (b), by striking ``a supervisory official 
     designated by''; and
       (2) by adding at the end the following new subsections:
       ``(f) Reports to the Congress.--On a semiannual basis, the 
     head of a Federal agency authorized to conduct investigations 
     of, or intelligence or counterintelligence activities or 
     analysis related to, international terrorism shall fully 
     inform the Permanent Select Committee on Intelligence and the 
     Committee on Financial Services of the House of 
     Representatives, and the Select Committee on Intelligence and 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate concerning all requests made pursuant to subsections 
     (a).
       ``(g) Payment of Fees.--A Federal agency authorized to 
     conduct investigations of, or intelligence or 
     counterintelligence activities or analysis related to, 
     international terrorism shall, subject to the availability of 
     appropriations, pay to the consumer reporting agency 
     assembling or providing report or information in accordance 
     with procedures established under this section a fee for 
     reimbursement for such costs as are reasonably necessary and 
     which have been directly incurred in searching, reproducing, 
     or transporting books, papers, records, or other data 
     required or requested to be produced under this section.''.

                               H.R. 2622

                        Offered By: Mr. Sanders

       Amendment No. 4: Page 69, after line 5, insert the 
     following new section (and conform the table of contents 
     accordingly):

     SEC. 507. LIMITATION ON USE OF CONSUMER REPORTS.

       (a) In General.--Section 604(d) of the Fair Credit 
     Reporting Act (15 U.S.C. 1681b(d)) is amended to read as 
     follows:
       ``(d) Limitation on Use of Consumer Report.--No credit card 
     issuer may use any negative information contained in a 
     consumer report to increase any annual percentage rate 
     applicable to a credit card account, or to remove or increase 
     any introductory annual percentage rate of interest 
     applicable to such account, for reasons other than actions or 
     omissions of the card holder that are directly related to 
     such account or a late payment of 60 days or more on any 
     other credit card or debt.''.
       (b) Technical and Conforming Amendment.--Section 
     604(a)(3)(F)(ii) of the Fair Credit Reporting Act (15 U.S.C. 
     1681b(a)(3)(F)(ii)) is amended by inserting ``subject to 
     subsection (d),'' before ``to review''.

                               H.R. 2622

                 Offered By: Mr. Frank of Massachusetts

       Amendment No. 5: Page 10, line 12, insert ``, other than 
     subsections (g), (h), (i), (j), (k), and (l)'' before the 
     closing quotation marks after ``identity theft prevention''.
       Page 10, after line 13, insert the following new paragraph:
       (4) Section 624(b)(1) of the Fair Credit Reporting Act (15 
     1681t(b)(1)) is amended, in the matter preceding subparagraph 
     (A), by inserting ``specific'' before ``subject matter''.

                               H.R. 2622

                 Offered By: Mr. Frank of Massachusetts

       Amendment No. 6: Page 44, strike lines 9 and 10 and insert 
     ``Section 612 of the''.
       Page 44, beginning on line 14, strike ``described in 
     section 603(p)'' and insert ``that compiles and maintains 
     files on consumers on a nationwide or regional basis''.
       Page 44, strike line 18 and all that follows through line 
     22.

                               H.R. 2622

                 Offered By: Mr. Frank of Massachusetts

       Amendment No. 7: Page 44, beginning on line 14, strike 
     ``described in section 603(p)'' and insert ``that compiles 
     and maintains files on consumers on a nationwide or regional 
     basis''.

                               H.R. 2622

                         Offered By: Ms. Waters

       Amendment No. 8: Page 7, line 15, insert ``(a) In 
     General.--'' before ``Section''.
       Page 7, after line 24, insert the following new subsection:
       (b) Specific Exceptions.--Section 624 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681t) is amended by adding at the 
     end the following new subsection:
       ``(e) Specific Exceptions.--Subsections (b) and (c) shall 
     not apply to--
       ``(1) the California Financial Information Privacy Act 
     (division 1.2 of the California Financial Code, as in effect 
     after June 30, 2004); or
       ``(2) the Consumer Credit Reporting Agencies Act of 
     California (sections 1785.1 through 1785.36 of the California 
     Civil Code).''.

                               H.R. 2622

                       Offered By: Mrs. Tauscher

       Amendment No. 9: Page 69, after line 5, insert the 
     following new section (and conform the table of contents 
     accordingly):

     SEC. 510. REQUESTS BY CONSUMERS FOR REASONABLE PROCEDURES FOR 
                   ESTABLISHING NEW CREDIT.

       Section 615 of the Fair Credit Reporting Act (15 U.S.C. 
     1681m) is amended by inserting after subsection (e) (as added 
     by section 403 of this Act) the following new subsection:
       ``(f) Requests by Consumers for Reasonable Procedures for 
     Establishing New Credit.--
       ``(1) In general.--Any consumer may submit a request to a 
     consumer reporting agency that any person who uses a consumer 
     report of such consumer to establish a new credit plan in the 
     name of the consumer utilize reasonable policies and 
     procedures described in paragraph (4).
       ``(2) Placement in file.--Any consumer reporting agency 
     that receives a request from a consumer shall include the 
     request in the file of the consumer.
       ``(3) Notice to users.--No person who obtains any 
     information from a file of any consumer from a consumer 
     reporting agency that includes a request from the consumer 
     under this subsection may establish a new credit plan in the 
     name of the consumer for a person other than the consumer 
     without utilizing reasonable policies and procedures 
     described in paragraph (4).
       ``(4) Reasonable policies and procedures.--The notice 
     included by the consumer reporting agency pursuant to the 
     request of the consumer shall state that the consumer does 
     not authorize establishing any new credit plan in the name of 
     the consumer, unless the user utilizes reasonable policies 
     and procedures to form a reasonable belief that the user 
     knows the identity of the person for whom such new plan is 
     established, which may include obtaining authorization or 
     preauthorization of the consumer at a telephone number 
     designated by the consumer or by such other reasonable means 
     agreed to.''.

                               H.R. 2622

                        Offered By: Ms. Bordallo

       Amendment No. 10: Page 44, after line 3, insert the 
     following new section (and conform the table of contents 
     accordingly):

     SEC. 406. PROHIBITION ON INCLUDING LATE PAYMENTS IN CREDIT 
                   REPORTS THAT WERE LATE DUE SOLELY TO DECLARED 
                   DISASTERS.

       (a) In General.--Section 605(a) of the Fair Credit 
     Reporting Act (15 U.S.C. 1681c(a)) is amended by inserting 
     after paragraph (6) (as added by section 702(b) of this Act) 
     the following new paragraph:
       ``(7) Any reference to a late payment that was due solely 
     to a disruption caused by a declared disaster for which the 
     agency receives notice under subsection (m).''.
       (b) Procedure for Striking Adverse Information Due to 
     Declared Disaster.--Section 605 of the Fair Credit Reporting 
     Act (15 U.S.C. 1681c) is amended by inserting after 
     subsection (l) (as added by section 203 of this Act) the 
     following new subsection:
       ``(m) Procedure for Striking Adverse Information Due to 
     Declared Disaster.--
       ``(1) Notice from consumer.--Any consumer who--
       ``(A) resides in an area which has been declared a disaster 
     area by the President under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act;
       ``(B) fails to make a payment on an obligation in a timely 
     manner during the effective period of the declaration of a 
     disaster; and
       ``(C) pays the obligation within 30 days after the end of 
     such effective period,

     may notify the creditor, with respect to such obligation, 
     that the late payment was due to the existence of the 
     declared disaster.
       ``(2) Notice to consumer reporting agency.--Any creditor 
     which receives a notice from a consumer under paragraph (1) 
     shall notify any consumer reporting agency to which the 
     creditor furnished information on the late payment described 
     in such paragraph that the late payment was due to a 
     disruption caused by a declared disaster.''.

                               H.R. 2622

                         Offered By: Mr. Royce

       Amendment No. 11: Page 34, strike line 9 and all that 
     follows through line 18, and insert the following new 
     subparagraph:
       ``(A) In general.--A consumer may dispute directly with a 
     person the accuracy of information that is contained in a 
     consumer report on the consumer prepared by a consumer 
     reporting agency described in section 603(p), if--
       ``(i) the information was provided by the person to that 
     consumer reporting agency in accordance with paragraph 
     (1)(B);
       ``(ii) the consumer has disputed the accuracy of such 
     information with the consumer reporting agency that prepared 
     the consumer report pursuant to section 611;
       ``(iii) the consumer has received the results of the 
     investigation from the consumer reporting agency and has 
     requested that the consumer reporting agency reinvestigate 
     the results in accordance with section 611; and
       ``(iv) the results of the consumer reporting agency's 
     reinvestigation requested pursuant to (iii), as reported to 
     the consumer, do not resolve the dispute.
       Page 35, beginning on line 25, strike ``thereafter report 
     correct information to'' and insert ``notify''.

[[Page 21582]]



                               H.R. 2622

                          Offered By: Mr. Ney

       Amendment No. 12: Page 56, after line 16, insert the 
     following new subsection:
       (e) Technical and Conforming Amendment.--Section 624(b) of 
     the Fair Credit Reporting Act (15 U.S.C. 1681t(b)(3)) (as 
     amended by section 204(b) of this Act) is amended--
       (1) by striking ``or'' at the end of paragraph (2); and
       (2) by striking paragraph (3) and inserting the following 
     new paragraphs:
       ``(3) with respect to the form and content of any 
     disclosure required to be made under subsection (c), (d), 
     (e), or (f) of section 609, except that this paragraph shall 
     not apply--
       ``(A) with respect to sections 1785.10, 1785.16 and 
     1785.20.2 of the California Civil Code (as in effect on the 
     date of enactment of the Fair and Accurate Credit 
     Transactions Act of 2003) and section 1785.15 through section 
     1785.15.2 of such Code (as in effect on such date) and
       ``(B) with respect to section 12-14.3-104.3 of the Colorado 
     Revised Statutes (as in effect on the date of enactment of 
     the Fair and Accurate Credit Transactions Act of 2003); and
       ``(4) with respect to the frequency of any disclosure under 
     section 612(e), except that this paragraph shall not apply--
       ``(A) with respect to section 12-14.3-105(1)(d) of the 
     Colorado Revised Statutes (as in effect on the date of 
     enactment of the Fair and Accurate Credit Transactions Act of 
     2003);
       ``(B) with respect to section 10-1-393(29)(C) of the 
     Georgia Code (as in effect on the date of enactment of the 
     Fair and Accurate Credit Transactions Act of 2003);
       ``(C) with respect to section 1316.2-B of title 10 of the 
     Maine Revised Statutes (as in effect on the date of enactment 
     of the Fair and Accurate Credit Transactions Act of 2003);
       ``(D) with respect to sections 14-1209(a)(1) and 14-
     1209(b)(1)(i) of the Commercial Law Article of the Code of 
     Maryland (as in effect on the date of enactment of the Fair 
     and Accurate Credit Transactions Act of 2003);
       ``(E) with respect to section 59(d) and section 59(e) of 
     chapter 93 of the General Laws of Massachusetts (as in effect 
     on the date of enactment of the Fair and Accurate Credit 
     Transactions Act of 2003);
       ``(F) with respect to section 56:11-37.10(a)(1) of the New 
     Jersey Revised Statutes (as in effect on the date of 
     enactment of the Fair and Accurate Credit Transactions Act of 
     2003); and
       ``(G) with respect to section 2480c(a)(1) of the Vermont 
     Statutes Annotated (as in effect on the date of enactment of 
     the Fair and Accurate Credit Transactions Act of 2003).''.

                               H.R. 2622

                        Offered By: Mrs. Biggert

       Amendment No. 13: Page 67, after line 25, insert the 
     following new section (and redesignate the subsequent section 
     and any cross reference to such section and conform the table 
     of contents accordingly):

     SEC. 509. COMMISSION TO EDUCATE OUR NATION'S TEACHERS AND 
                   STUDENTS ON FINANCIAL LITERACY SKILLS.

       (a) Findings.--The Congress finds as follows:
       (1) A range of trends points to the need for individuals in 
     the United States to receive a practical economics education 
     that will give the individuals tools to make responsible 
     choices about their limited financial resources, choices 
     which will impact individuals' credit ratings.
       (2) An individual's credit rating will affect his or her 
     ability to buy a home, finance education, establish a small 
     business and prepare for retirement.
       (3) Building and maintaining sound credit requires 
     knowledge of personal finance and economics.
       (4) Basic economics education is a key to understanding 
     personal finance.
       (5) A number of Federal departments and agencies have 
     implemented programs to improve personal finance and 
     economics education, including the Departments of Education, 
     Labor, Treasury, and Housing and Urban Development, as well 
     as the Federal Deposit Insurance Corporation, the Board of 
     Governors of the Federal Reserve System, the Federal Trade 
     Commission and the Securities Exchange Commission.
       (6) Coordinating existing Federal efforts, maximizing the 
     impact of existing private sector efforts, and identifying 
     and promoting best practices are necessary to improve 
     economic and personal finance education and to improve 
     individuals' credit and economic well-being.
       (b) Authority To Establish Commission.--Not later than 
     January 31, 2005, the President shall convene a Commission to 
     Educate our Nation's Teachers and Students on Financial 
     Literacy Skills (hereafter in this section referred to as the 
     ``Commission'') to examine and identify government policies 
     that promote economic and financial literacy.
       (c) Scope of the Commission.--The scope of the Commission 
     shall consist of issues relating to economic and financial 
     education.
       (d) Purposes.--The purposes of the Commission shall be--
       (1) to make recommendations on integrating economic and 
     personal finance education into primary, secondary, and 
     postsecondary curricula;
       (2) to identify and make recommendations regarding best 
     practices in economic and personal finance education;
       (3) to make recommendations on coordinating existing 
     Federal and private sector economic and financial literacy 
     education programs; and
       (4) to make recommendations on ways to improve education at 
     all levels regarding credit managment, credit reports, credit 
     scores and dispute resolution.
       (e) Commission Members.--To carry out the purposes of the 
     Commission, the Commission shall include--
       (1) 3 members appointed by the President, one of whom shall 
     be designated by the President as the Chairperson of the 
     Commission;
       (2) 2 members appointed by the Speaker of the House of 
     Representatives;
       (3) 2 members appointed by the minority leader of the House 
     of Representatives;
       (4) 2 members appointed by the majority leader of the 
     Senate; and
       (5) 2 members appointed by the minority leader of the 
     Senate.
       (f) Appointment Requirements.--The Commission members 
     shall--
       (1) be appointed not later than January 31, 2005; and
       (2) include at least one representative of each of the 
     following groups:
       (A) Primary and secondary educators.
       (B) Postsecondary educators.
       (C) The financial services industry.
       (D) State and local governments.
       (E) organizations involved in promoting economics 
     education.
       (g) Commission Administration.--
       (1) Administration.--In administering this section, the 
     Chairperson of the Commission shall--
       (A) request the cooperation and assistance of such Federal 
     departments and agencies as may be appropriate in the 
     carrying out of this section;
       (B) furnish all reasonable assistance to State agencies, 
     area agencies, and other appropriate organizations to enable 
     them to provide testimony and otherwise participate in the 
     Commission's hearings;
       (C) make available for public comment a proposed agenda for 
     the Commission that reflects to the greatest extent possible 
     the purposes for the Commission set out in this section;
       (D) prepare and make available background materials for the 
     use of participants in the Commission that the Chairperson 
     considers necessary; and
       (E) appoint and fix the pay of such additional personnel as 
     may be necessary to carry out the provisions of this section 
     without regard to provisions of title 5, United States Code, 
     governing appointments in the competitive service, and 
     without regard to chapter 51 and subchapter III of chapter 53 
     of such title relating to classification and General Schedule 
     pay-rates.
       (2) Duties of the chairperson.--The Chairperson of the 
     Commission shall, in carrying out the responsibilities and 
     functions of the Chairperson under this section, ensure 
     that--
       (A) the Commission shall hold hearings in accordance with 
     this section;
       (B) the Commission shall be conducted in a manner that 
     ensures broad participation of Federal, State, and local 
     agencies and private organizations, professionals, and others 
     involved in economic education; and
       (C) the agenda prepared under paragraph (1)(C) for the 
     Commission is published in the Federal Register.
       (3) Nonapplication of federal advisory committee act.--The 
     provisions of the Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the Commission.
       (h) Hearings.--
       (1) In general.--The Commission shall hold public hearings 
     to receive testimony related to the recommendations to be 
     included in the Commission's report identified in subsection 
     (i)(3).
       (2) Field hearings.--The Commission shall conduct at least 
     4 hearings to be held in different States.
       (i) Report.--
       (1) In general.--The Commission shall prepare a report 
     describing the activities and recommendations of the 
     Commission and shall submit the report to the President, the 
     Speaker and Minority Leader of the House of Representatives, 
     the Majority and Minority Leaders of the Senate, and the 
     chief executive officers of the States not later than July 1, 
     2005.
       (2) Approval of report.--Approval of the Commission's 
     report shall require a majority of the Commission.
       (3) Report contents.--In addition to summarizing the 
     activities of the Commission, the report shall include 
     proposals for improving economics and finance education, 
     including recommendations for--
       (A) integrating high quality, standards-based economic and 
     financial education in the curricula of primary, secondary 
     and postsecondary education;
       (B) identifying best practices in the teaching of economics 
     and personal finance including teacher training and 
     development of curricular materials;
       (C) coordinating and enhancing existing federal and private 
     sector efforts to improve economic education and financial 
     literacy;

[[Page 21583]]

       (D) assessing and identifying best practices for the 
     training of teachers and educators in economics and finance; 
     and
       (E) improving public and private efforts to educate 
     consumers regarding credit management, credit reports, credit 
     scores, dispute resolution and related issues.
       (j) Definition.--For purposes of this section, the term 
     ``State'' means a State, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Commonwealth of the Northern 
     Mariana Islands, Guam, the Virgin Islands, American Samoa, 
     and any other territory or possession of the United States.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated for fiscal years beginning on or after 
     October 1, 2004, such sums as are necessary to carry out this 
     section.
       (l) Financial Obligation for Fiscal Year 2005.--The 
     financial obligation for the Commission for fiscal year 2005 
     shall not exceed $500,000.
       (m) Contracts.--The Chairperson of the Commission may enter 
     into contracts to carry out the Chairperson's 
     responsibilities under this section. The Chairperson shall 
     enter into a contract on a sole-source basis to ensure the 
     timely completion of the Commission's activities.

                               H.R. 2622

                        Offered By: Mr. Shadegg

       Amendment No. 14: Page 28, after line 20, insert the 
     following (and conform the table of contents accordingly):

     SEC. 208. PROHIBITED ACTIONS WITH RESPECT TO SOCIAL SECURITY 
                   NUMBERS.

       (a) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       (1) Display.--The term ``display'' means to intentionally 
     communicate or otherwise make available (on the Internet or 
     in any other manner) to the general public an individual's 
     social security number.
       (2) Person.--The term ``person'' means any individual, 
     partnership, corporation, trust, estate, cooperative, 
     association, or any other entity.
       (3) Purchase.--The term ``purchase'' means providing 
     directly or indirectly, anything of value in exchange for a 
     social security number.
       (4) Sale.--The term ``sale'' means obtaining, directly or 
     indirectly, anything of value in exchange for a social 
     security number.
       (5) State.--The term ``State'' means any State of the 
     United States, the District of Columbia, Puerto Rico, the 
     Northern Mariana Islands, the United States Virgin Islands, 
     Guam, American Samoa, and any territory or possession of the 
     United States.
       (b) Prohibited Actions With Respect to an Individual's 
     Social Security Number.--Subject to subsections (e) and (f), 
     no person may engage in any of the following:
       (1) Display in any manner an individual's social security 
     number.
       (2) Print or otherwise display an individual's social 
     security number on any card, or other means of access, 
     required for the individual to access products or services 
     provided by the person to the individual.
       (3) Require an individual to transmit the individual's 
     social security number over the Internet, unless the 
     connection is secure or the social security number is 
     encrypted.
       (4) Require an individual to use the individual's social 
     security number to access an Internet Web site, unless a 
     password, unique personal identification number, or other 
     authentication device is also required to access the Internet 
     Web site.
       (5) Print or otherwise display an individual's social 
     security number on any communications by the person to the 
     individual, unless Federal or State law, or any Federal 
     agency or any contractor with the Federal Government (under 
     color of Federal law), requires the individual's social 
     security number to be included on such documents.
       (c) Limitation on Sale or Purchase.--Except as otherwise 
     provided in this section, no person may sell or purchase any 
     individual's social security number without the affirmatively 
     expressed consent of the individual.
       (d) Prerequisites for Consent.--In order for consent to 
     exist under subsection (c), the person displaying or seeking 
     to display, selling or attempting to sell, or purchasing or 
     attempting to purchase, an individual's social security 
     number shall--
       (1) inform the individual of the general purpose for which 
     the number will be used, the types of persons to whom the 
     number may be available, and the scope of transactions 
     permitted by the consent; and
       (2) obtain the affirmatively expressed consent 
     (electronically or in writing) of the individual.
       (e) Exception for Certain Communications.--Subsection 
     (b)(5) shall not apply with respect an individual's social 
     security number included on documents sent by mail--
       (1) in connection with an application or enrollment process 
     initiated by the individual; or
       (2) to establish, amend, or terminate an account held by 
     the individual with the person; or
       (3) to verify the accuracy of the individual's social 
     security number.
       (f) Exception for Prior On-Going Use.--Subsection (b) shall 
     not apply to the use by a person of an individual's social 
     security number in a manner that is inconsistent with such 
     subsection if--
       (1) the use by such person of the individual's social 
     security number in such manner began before the date of the 
     enactment of this Act;
       (2) the use by such person of the social security number in 
     such manner is continuous; and
       (3) the person notifies the individual, in writing, before 
     the end of the 30-day period beginning on the date of the 
     enactment of this Act and annually thereafter, that the 
     individual has the right to require such person to stop using 
     the individual's social security number in a manner 
     inconsistent with subsection (b).
       (g) Individual's Request To Stop Inconsistent Use.--
       (1) In general.--If a person receives a written request 
     from an individual to stop using the individual's social 
     security number in a manner that is inconsistent with 
     subsection (b), the person shall fully comply with such 
     request before the end of the 30-day period beginning on the 
     date of the receipt of the request.
       (2) Denial of products or services prohibited.--A person 
     may not deny any product or service to an individual, or 
     otherwise discriminate against such individual in the 
     provision of any such product or service, solely on the basis 
     that the individual submitted a request described in 
     paragraph (1).
       (h) Coordination With Other Law.--
       (1) In general.--No provision of this section shall be 
     construed as prohibiting or limiting the display or use of an 
     individual's social security number by any person--
       (A) to the extent required or authorized under any Federal 
     or State law, or by any Federal agency or any contractor with 
     the Federal Government (under color of Federal law);
       (B) for internal verification or administrative purposes of 
     the person;
       (C) for a public health purpose, including the protection 
     of the health or safety of an individual in an emergency 
     situation;
       (D) for a national security purpose;
       (E) for a law enforcement purpose, including the 
     investigation of fraud and the enforcement of a child support 
     obligation;
       (F) if the display, sale, or purchase of the number is for 
     a use occurring as a result of an interaction between 
     businesses, governments, or business and government 
     (regardless of which entity initiates the interaction), 
     including--
       (i) the prevention of fraud (including fraud in protecting 
     an employee's right to employment benefits);
       (ii) the facilitation of credit checks or the facilitation 
     of background checks of employees, prospective employees, or 
     volunteers; or
       (iii) when the transmission of the number is incidental to, 
     and in the course of, the sale, lease, franchising, or merger 
     of all, or a portion of, a business;
       (G) if the transfer of such a number is part of a data 
     matching program involving a Federal, State, or local agency; 
     or
       (H) if such number is required to be submitted as part of 
     the process for applying for any type of Federal, State, or 
     local government benefit or program;

     except that, nothing in this paragraph shall be construed as 
     permitting a professional or commercial user to display or 
     sell a social security number to the general public.
       (2) Business safeguards.--
       (A) In general.--In furtherance of the provisions of 
     paragraph (1)(F), the Federal Trade Commission shall 
     establish appropriate standards for businesses relating to 
     administrative, technical, and physical safeguards--
       (i) to insure the security and confidentiality of social 
     security numbers;
       (ii) to protect against any anticipated threats or hazards 
     to the security or integrity of social security numbers; and
       (iii) to protect against unauthorized access to or use of 
     social security numbers which could result in substantial 
     harm or inconvenience to any customer.
       (B) Safe harbor.--Any person who is subject to the 
     safeguard standards under section 501(b) of the Gramm-Leach-
     Bliley Act and is in compliance with such standards shall be 
     deemed to be in compliance with the standards under 
     subparagraph (A).
       (3) Study and report.--
       (A) In general.--The Commissioner of the Social Security 
     Administration shall conduct a study and prepare a report on 
     all of the uses of social security numbers permitted, 
     required, authorized, or excepted under any Federal law and 
     State and local uses of social security numbers.
       (B) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commissioner of the Social 
     Security shall submit a report to Congress on the study 
     conducted under this paragraph.
       (C) Contents of report.--The report shall include--
       (i) a detailed description of the uses of an individual's 
     social security number that are allowed as of the date of 
     enactment of this Act;
       (ii) an evaluation of whether such uses should be continued 
     or discontinued by appropriate legislative action; and
       (iii) such other recommendations for legislative or 
     administrative action as the Commissioner determines to be 
     appropriate.
       (i) Civil Penalties.--

[[Page 21584]]

       (1) In general.--Any person who the Attorney General 
     determines has violated this section shall be subject, in 
     addition to any other penalties that may be prescribed by 
     law--
       (A) to a civil penalty of not less than $5,000 for each 
     such violation; and
       (B) to a civil penalty of not less than $50,000, if the 
     violations have occurred with such frequency as to constitute 
     a general business practice.
       (2) Determination of violations.--Any knowing violation 
     committed contemporaneously with respect to the social 
     security numbers of 2 or more individuals by means of mail, 
     telecommunication, or otherwise, shall be treated as a 
     separate violation with respect to each such individual.
       (3) Enforcement procedures.--The provisions of section 
     1128A of the Social Security Act (42 U.S.C. 1320a-7a), other 
     than subsections (a), (b), (f), (h), (i), (j), (m), and (n) 
     and the first sentence of subsection (c) of such section, and 
     the provisions of subsections (d) and (e) of section 205 of 
     such Act (42 U.S.C. 405) shall apply to a civil penalty 
     action under this subsection in the same manner as such 
     provisions apply to a penalty or proceeding under section 
     1128A(a) of such Act (42 U.S.C. 1320a-7a(a)), except that, 
     for purposes of this paragraph, any reference in section 
     1128A of such Act (42 U.S.C. 1320a-7a) to the Secretary shall 
     be deemed to be a reference to the Attorney General.
       (j) Effective Date.--This section shall apply after the end 
     of the 180-day period beginning on the date of the enactment 
     of this Act.

                               H.R. 2622

                          Offered By: Ms. Lee

       Amendment No. 15: Page 7, strike line 15 and all that 
     follows through line 24 and insert the following:
       Section 624(d)(2) of the Fair Credit Reporting Act (15 
     U.S.C. 1681t(d)(2)) is amended to read as follows:
       ``(2) do not apply to the California Financial Information 
     Privacy Act (division 1.2 of the California Financial Code, 
     as in effect after June 30, 2004) or the law of any other 
     State that is similar to the California Financial Information 
     Privacy Act.''.

                               H.R. 2622

                         Offered By: Mrs. Kelly

       Amendment No. 16: Page 44, after line 22, insert the 
     following new subsection:
       (c) Regulatory Authority To Adjust Report Distribution 
     Schedules in Times of Request Spikes.--Section 621 of the 
     Fair Credit Reporting Act (15 U.S.C. 1681s) is amended by 
     inserting after subsection (g) (as added by section 702(e) of 
     this Act) the following new subsection:
       ``(h) Regulatory Authority To Adjust Report Distribution 
     Schedules in Times of Request Spikes.--
       ``(1) In general.--If the Federal Trade Commission and the 
     Board of Governors of the Federal Reserve System determine 
     that consumer reporting agencies have been temporarily 
     overwhelmed with requests for disclosures of consumer reports 
     under section 612(e) beyond their capacity to deliver such 
     reports in a timely fashion, the Commission and the Board, by 
     order, may implement such measures as the Commission and the 
     Board determine to be necessary for a limited time to regain 
     equilibrium between the ability of the agencies to disclose 
     consumer reports and consumers' demands for such reports.
       ``(2) Protection for emergency and time-sensitive 
     requests.--In issuing any order under paragraph (1), the 
     Federal Trade Commission and the Board of Governors of the 
     Federal Reserve System shall ensure that, during the 
     effective period of any such order, creditors, other users, 
     and consumers continue to have access to consumer credit 
     reports on a time-sensitive basis for specific purposes, such 
     as home purchases or suspicions of identity theft.''.

                               H.R. 2622

                         Offered By: Mr. Oxley

       Amendment No. 17: Page 7, after line 9, insert the 
     following new subsection:
       (d) Criteria for Orderly Implementation of Free Annual 
     Credit Report Provision.--
       (1) In general.--In developing the regulations and 
     effective dates under subsection (a) (and subject to the time 
     limits in paragraph (2) and subsection (a)), the Federal 
     Trade Commission and the Board of Governors of the Federal 
     Reserve System shall provide a systematic approach for 
     implementing the amendment made by section 501 that allows 
     for an orderly transition to the consumer report distribution 
     system required by the amendment in a manner that--
       (A) does not temporarily overwhelm consumer reporting 
     agencies with requests for disclosures of consumer reports 
     beyond their capacity to deliver; and
       (B) does not deny creditors, other users, and consumers 
     access to consumer credit reports on a time-sensitive basis 
     for specific purposes, such as home purchases or suspicions 
     of identity theft, during the transition period.
       (2) Prohibition on extension of effective date.--
       (A) One-time authorization.--The Federal Trade Commission 
     and the Board of Governors of the Federal Reserve System may 
     exercise the authority provided under paragraph (1) only once 
     during the 2-month period referred to in subsection (a)(1).
       (B) Extension of effective date prohibited.--No provision 
     of this subsection shall be construed as extending, or 
     authorizing the Federal Trade Commission or the Board of 
     Governors of the Federal Reserve System to extend, the 2-
     month period referred to in subsection (a)(1) or the 10-month 
     period referred to in subsection (a)(2) relating to the 
     requirements imposed on consumer reporting agencies by the 
     amendment made by section 501.
       Page 10, strike line 12 and insert ``inserting `(and to 
     specific identity theft prevention subjects covered)' 
     after''.
       Page 20, line 7, insert ``a summary of rights, or other 
     disclosure, that is the same as or substantially similar to'' 
     after ``with''.
       Page 20, after line 14, insert the following new 
     subsection:
       (c) Effective Date.--Paragraph (2) of section 609(d) of the 
     Fair Credit Reporting Act (as added by subsection (a) of this 
     section) shall apply after the end of the 60-day period 
     beginning on the date the model summary of rights is 
     prescribed in final form by the Federal Trade Commission 
     pursuant to paragraph (1) of such section and in accordance 
     with section 3(a) of this Act.
       Page 27, line 4, strike ``, or duplicative of,''.
       Page 28, line 4, strike ``credit'' and insert ``consumer''.
       Page 28, strike line 7 and insert ``the biometric industry, 
     and the''.
       Page 28, line 8, strike the comma after ``public''.
       Page 32, line 11, insert ``, using an address or a 
     notification mechanism specified by the consumer reporting 
     agency for such notices'' before the period.
       Page 35, beginning on line 25, strike ``thereafter report 
     correct information to'' and insert ``notify''.
       Page 36, line 3, strike the period, the closing quotation 
     marks, and the second period and insert ``of that 
     determination and provide to the agency any correction to 
     that information that is necessary to make the information 
     provided by the person accurate.''.
       Page 36, after line 3, insert the following new 
     subparagraph:
       ``(D) Frivolous or irrelevant dispute.--
       ``(i) In general.--The requirements of this paragraph shall 
     not apply if the person receiving a notice of a dispute from 
     a consumer reasonably determines that the dispute is 
     frivolous or irrelevant, including--

       ``(I) by reason of the failure of a consumer to provide 
     sufficient information to investigate the disputed 
     information; or
       ``(II) the submission by a consumer of a dispute that is 
     substantially the same as a dispute previously submitted by 
     or for the consumer, either directly to the person under this 
     paragraph or through a consumer reporting agency under 
     subsection (b), with respect to which the person has already 
     performed the person's duties under this paragraph or 
     subsection (b), as applicable.

       ``(ii) Notice of determination.--Upon making any 
     determination under clause (i) that a dispute is frivolous or 
     irrelevant, the person shall notify the consumer of such 
     determination not later than 5 business days after making 
     such determination, by mail or, if authorized by the consumer 
     for that purpose, by any other means available to the person.
       ``(iii) Contents of notice.--A notice under clause (ii) 
     shall include--

       ``(I) the reasons for the determination under clause (i); 
     and
       ``(II) identification of any information required to 
     investigate the disputed information, which may consist of a 
     standardized form describing the general nature of such 
     information.''.

       Page 56, line 16, insert before the closing quotation marks 
     the following new sentence: ``This paragraph shall not apply 
     to a person described in subsection (j)(4)(A)(i), but only to 
     the extent that such person is engaged in activities 
     described in such subsection.''.
       Page 60, line 16, insert ``or the financial institution 
     reasonably believed that the institution is prohibited, by 
     law, from contacting the consumer'' before the period.
       Page 73, strike line 6 and all that follows through line 
     14, and insert the following new subparagraph:
       ``(C) the information to be furnished pertains solely to 
     transactions, accounts, or balances relating to debts arising 
     from the receipt of medical services, products, or devices, 
     where such information, other than account status or amounts, 
     is restricted or reported using codes that do not identify, 
     or do not provide information sufficient to infer, the 
     specific provider or the nature of such services, products, 
     or devices, as provided in section 605(a)(6)).
       Page 75, line 8, strike ``purpose'' and insert 
     ``purposes''.
       Page 75, line 21, insert ``(and which shall include 
     permitting actions necessary for administrative verification 
     purposes)'' after ``needs''.