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H.R.3763 / 111th Congress

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

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Official summary

Version 81 · Passed House without amendment · Oct 20, 2009

(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.

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Who introduced it

Rep. Adler, John H. [D-NJ-3] · D–NJ

Committees

  • Banking, Housing, and Urban Affairs Committee
  • Financial Services Committee
4 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

  2. Motion to reconsider laid on the table Agreed to without objection.

  3. On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 400 - 0 (Roll no. 790). (text: CR H11467)

    House roll call 790 · Individual votes
  4. Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 400 - 0 (Roll no. 790).(text: CR H11467)

    House roll call 790 · Individual votes
  5. Considered as unfinished business. (consideration: CR H11479-11480)

  6. At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

  7. DEBATE - The House proceeded with forty minutes of debate on H.R. 3763.

  8. Considered under suspension of the rules. (consideration: CR H11467-11469)

  9. Mr. Adler (NJ) moved to suspend the rules and pass the bill.

  10. Referred to the House Committee on Financial Services.

  11. Introduced in House

  12. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.3763 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.3763 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

Examine H.R.3763 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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Individual rights and government power

Liberty lens

Examine H.R.3763 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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