116 
procedures involved in lifting a secu-
rity freeze may slow your own applica-
tions for credit. You should plan 
ahead and lift a freeze, either com-
pletely or temporarily if you are shop-
ping around, or specifically for a cer-
tain creditor, a few days before actu-
ally applying for new credit.’. 
‘‘(j) EFFECT ON GLBA.— 
‘‘(1) 
DEPOSITORY
INSTITUTIONS.—The 
current and any future breach notice reg-
ulations and guidelines under section 
501(b) of the Gramm-Leach-Bliley Act with 
respect to depository institutions shall be 
superseded, as of the effective date of the 
regulations required under subsection 
(k)(3)(A), relating to the specific require-
ments of this section. 
‘‘(2) NONDEPOSITORY
INSTITUTIONS.— 
The current and any future data security 
regulations and guidelines under section 
501(b) of the Gramm-Leach-Bliley Act with 
respect to nondepository institutions shall 
be superseded as of the effective date of 
the regulations required under subsection 
VerDate Aug 31 2005 
02:49 Jun 03, 2006
Jkt 049200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6204
E:\BILLS\H4127.RH
H4127
bajohnson on PROD1PC72 with BILLS
117 
(k)(3)(A), relating to the responsibilities 
under this section. 
‘‘(k) UNIFORM DATA SECURITY SAFEGUARD 
REGULATIONS.— 
‘‘(1) UNIFORM
STANDARDS.—The Sec-
retary of the Treasury, the Board of Gov-
ernors of the Federal Reserve System, and 
the Commission shall jointly, and the Fed-
eral functional regulatory agencies that 
have issued guidance on consumer breach 
notification shall jointly with respect to 
the entities under their jurisdiction, de-
velop standards and guidelines to imple-
ment this section, including— 
‘‘(A) prescribing specific stand-
ards with respect to subsection (g)(3) 
setting forth a reasonably unique and, 
pursuant to paragraph (2)(B), exclu-
sive color and titling of the notice, 
and standardized formatting of the 
notice contents described under such 
subsection to standardize such com-
munications and make them more 
likely to be reviewed, and understood 
by, and helpful to consumers, includ-
VerDate Aug 31 2005 
02:49 Jun 03, 2006
Jkt 049200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6204
E:\BILLS\H4127.RH
H4127
bajohnson on PROD1PC72 with BILLS
118 
ing to the extent possible placing the 
critical information for consumers in 
an easily understood and prominent 
text box at the top of each notice; 
‘‘(B) providing in such standards 
and guidelines that the responsibility 
of a consumer reporter to provide no-
tice under this section— 
‘‘(i) has been satisfied with re-
spect to any particular consumer, 
even if the consumer reporter is 
unable to contact the consumer, so 
long as the consumer reporter has 
made reasonable efforts to obtain 
a current address or other current 
contact information with respect 
to such consumer; 
‘‘(ii) may be made by public 
notice in appropriate cases in 
which— 
‘‘(I) such reasonable ef-
forts described in clause (i) 
have failed; or 
‘‘(II) a breach of data secu-
rity involves a loss or unau-
VerDate Aug 31 2005 
02:49 Jun 03, 2006
Jkt 049200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6204
E:\BILLS\H4127.RH
H4127
bajohnson on PROD1PC72 with BILLS
119 
thorized acquisition of sen-
sitive financial personal infor-
mation in paper documents or 
records that has been deter-
mined to be usable, but the 
identities 
of 
specific 
con-
sumers are not determinable; 
and 
‘‘(iii) with respect to para-
graph (3) of subsection (c), may be 
communicated to entities in addi-
tion to those specifically required 
under such paragraph through 
any reasonable means, such as 
through 
an 
electronic 
trans-
mission normally received by all 
of the consumer reporter’s busi-
ness customers; and 
‘‘(C) providing in such standards 
and guidelines elaboration on how to 
determine whether a technology is 
generally commercially available for 
the purposes of subsection (b), focus-
ing on the availability of such tech-
nology to persons who potentially 
VerDate Aug 31 2005 
02:49 Jun 03, 2006
Jkt 049200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6204
E:\BILLS\H4127.RH
H4127
bajohnson on PROD1PC72 with BILLS