    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-319
    111th Congress

    An Act

    To amend the Fair Credit Reporting Act with respect to the applicability
    of identity theft guidelines to creditors. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION <> 1. SHORT TITLE.

    This Act may be cited as the ``Red Flag Program Clarification Act of
    2010''.
    SEC. 2. SCOPE OF CERTAIN CREDITOR REQUIREMENTS.

    (a) Amendment to FCRA.--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) Definitions.--As used in this subsection, the term
    `creditor'--
    ``(A) means a creditor, as defined in section 702 of
    the Equal Credit Opportunity Act (15 U.S.C. 1691a), that
    regularly and in the ordinary course of business--
    ``(i) obtains or uses consumer reports,
    directly or indirectly, in connection with a
    credit transaction;
    ``(ii) furnishes information to consumer
    reporting agencies, as described in section 623,
    in connection with a credit transaction; or
    ``(iii) advances funds to or on behalf of a
    person, based on an obligation of the person to
    repay the funds or repayable from specific
    property pledged by or on behalf of the person;
    ``(B) does not include a creditor described in
    subparagraph (A)(iii) that advances funds on behalf of a
    person for expenses incidental to a service provided by
    the creditor to that person; and
    ``(C) includes any other type of creditor, as
    defined in that section 702, as the agency described in
    paragraph (1) having authority over that creditor may
    determine appropriate by rule promulgated by that
    agency, based on a determination that such creditor
    offers or maintains accounts that are subject to a
    reasonably foreseeable risk of identity theft.''.

    [[Page 3458]]

    (b) Effective <> Date.--The amendment made
    by this section shall become effective on the date of enactment of this
    Act.

    Approved December 18, 2010.

    LEGISLATIVE HISTORY--S. 3987:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Nov. 30, considered and passed Senate.
    Dec. 7, considered and passed House.