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it card issuer in any disclosure or statement required 
to be made to the consumer under this title in con-
nection with a credit card solicitation that is not ini-
tiated by the consumer. 
‘‘(2) 
REGULATIONS
AND
MODEL
STATE-
MENTS.—The Board, in consultation with the Fed-
eral banking agencies and the National Credit Union 
Administration, shall develop such guidelines in reg-
ulations as necessary to assure that the information 
to be disclosed to consumers pursuant to paragraph 
(1) is clearly and conspicuously provided in a promi-
nent location in any credit card solicitation that is 
not initiated by the consumer, and shall include 
model disclosure statements to be used by credit 
card issuers in making the disclosures required to be 
provided to the consumer by paragraph (1).’’. 
TITLE 
VI—PROTECTING 
EM-
PLOYEE MISCONDUCT INVES-
TIGATIONS 
SEC. 601. CERTAIN EMPLOYEE INVESTIGATION COMMU-
NICATIONS EXCLUDED FROM DEFINITION OF 
CONSUMER REPORT. 
(a) IN GENERAL.—Section 603 of the Fair Credit 
Reporting Act (15 U.S.C. 1681a) is amended by inserting 
after subsection (p) the following new subsection:
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‘‘(q) EXCLUSION OF CERTAIN COMMUNICATIONS FOR 
EMPLOYEE INVESTIGATIONS.—
‘‘(1) COMMUNICATIONS
DESCRIBED
IN
THIS 
SUBSECTION.—A communication is described in this 
subsection if—
‘‘(A) but for subsection (d)(2)(D), the 
communication would be a consumer report; 
‘‘(B) the communication is made to an em-
ployer in connection with an investigation of—
‘‘(i) suspected misconduct relating to 
employment; or 
‘‘(ii) compliance with Federal, State, 
or local laws and regulations, the rules of 
a self-regulatory organization, or any pre-
existing written policies of the employer; 
‘‘(C) the communication is not made for 
the purpose of investigating a consumer’s credit 
worthiness, credit standing, or credit capacity; 
and 
‘‘(D) the communication is not provided to 
any person except—
‘‘(i) to the employer or an agent of 
the employer; 
‘‘(ii) to any Federal or State officer, 
agency, or department, or any officer,
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agency, or department of a unit of general 
local government; 
‘‘(iii) to any self-regulatory organiza-
tion with regulatory authority over the ac-
tivities of the employer or employee; 
‘‘(iv) as otherwise required by law; or 
‘‘(v) pursuant to section 608. 
‘‘(2) SUBSEQUENT DISCLOSURE.—After taking 
any adverse action based in whole or in part on a 
communication described in paragraph (1), the em-
ployer shall disclose to the consumer a summary 
containing the nature and substance of the commu-
nication upon which the adverse action is based, ex-
cept that the sources of information acquired solely 
for use in preparing what would be but for sub-
section (d)(2)(D) an investigative consumer report 
need not be disclosed. 
‘‘(3) SELF-REGULATORY
ORGANIZATION
DE-
FINED.—For purposes of this subsection, the term 
‘self-regulatory organization’ includes any self-regu-
latory organization (as defined in section 3(a)(26) of 
the Securities Exchange Act of 1934), any entity es-
tablished under title I of the Sarbanes-Oxley Act of 
2002, any board of trade designated by the Com-
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modity Futures Trading Commission, and any fu-
tures association registered with such Commission.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—
Section 603(d)(2)(D) of the Fair Credit Reporting Act (15 
U.S.C. 1681a(d)(2)(D)) is amended by inserting ‘‘or (q)’’ 
after ‘‘subsection (o)’’. 
TITLE VII—LIMITING THE USE 
AND SHARING OF MEDICAL 
INFORMATION IN THE FINAN-
CIAL SYSTEM 
SEC. 701. PROTECTION OF MEDICAL INFORMATION IN THE 
FINANCIAL SYSTEM. 
(a) IN GENERAL.—Section 604(g) of the Fair Credit 
Reporting Act (15 U.S.C. 1681b(g)) is amended to read 
as follows: 
‘‘(g) PROTECTION OF MEDICAL INFORMATION.—
‘‘(1) LIMITATION
ON
CONSUMER
REPORTING 
AGENCIES.—A consumer reporting agency shall not 
furnish for employment purposes, or in connection 
with a credit or insurance transaction, a consumer 
report that contains medical information about a 
consumer, unless—
‘‘(A) if furnished in connection with an in-
surance transaction, the consumer affirmatively 
consents to the furnishing of the report;
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‘‘(B) if furnished for employment purposes 
or in connection with a credit transaction—
‘‘(i) the information to be furnished is 
relevant to process or effect the employ-
ment or credit transaction; and
‘‘(ii) the consumer provides specific 
written consent for the furnishing of the 
report that describes in clear and con-
spicuous language the use for which the in-
formation will be furnished; or 
‘‘(C) the information to be furnished per-
tains solely to transactions, accounts, or bal-
ances 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 informa-
tion sufficient to infer, the specific provider or 
the nature of such services, products, or de-
vices, as provided in section 605(a)(6)). 
‘‘(2) LIMITATION
ON
CREDITORS.—Except as 
permitted pursuant to paragraph (3)(C) or regula-
tions prescribed under paragraph (5)(A), a creditor 
shall not obtain or use medical information per-
taining to a consumer in connection with any deter-
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mination of the consumer’s eligibility, or continued 
eligibility, for credit. 
‘‘(3) ACTIONS AUTHORIZED BY FEDERAL LAW, 
INSURANCE ACTIVITIES AND REGULATORY DETER-
MINATIONS.—Section 603(d)(3) shall not be con-
strued so as to treat information or any communica-
tion of information as a consumer report if the in-
formation or communication is disclosed—
‘‘(A) in connection with the business of in-
surance or annuities, including the activities de-
scribed in section 18B of the model Privacy of 
Consumer Financial and Health Information 
Regulation issued by the National Association 
of Insurance Commissioners (as in effect on 
January 1, 2003); 
‘‘(B) for any purpose permitted without 
authorization under the Standards for Individ-
ually Identifiable Health Information promul-
gated by the Department of Health and Human 
Services pursuant to the Health Insurance 
Portability and Accountability Act of 1996, or 
referred to under section 1179 of such Act, or 
described in section 502(e) of Public Law 106–
102; or
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‘‘(C) as otherwise determined to be nec-
essary and appropriate, by regulation or order 
and subject to paragraph (6), by the Commis-
sion, any Federal banking agency or the Na-
tional Credit Union Administration (with re-
spect to any financial institution subject to the 
jurisdiction of such agency or Administration 
under paragraph (1), (2), or (3) of section 
621(b), or the applicable State insurance au-
thority (with respect to any person engaged in 
providing insurance or annuities). 
‘‘(4) LIMITATION ON REDISCLOSURE OF MED-
ICAL INFORMATION.—Any person that receives med-
ical information pursuant to paragraphs (1) or (3) 
shall not disclose such information to any other per-
son except as necessary to carry out the purposes for 
which the information was initially disclosed, or as 
otherwise permitted by statute, regulation, or order. 
‘‘(5) REGULATIONS AND EFFECTIVE DATE FOR 
PARAGRAPH (2).—
‘‘(A) 
REGULATIONS
REQUIRED.—Each 
Federal banking agency and the National Cred-
it Union Administration shall, subject to para-
graph (6) and after notice and opportunity for 
comment, prescribe regulations that permit
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transactions under paragraph (2) that are de-
termined to be necessary and appropriate to 
protect legitimate operational, transactional, 
risk, consumer, and other needs (and which 
shall include permitting actions necessary for 
administrative verification purposes), consistent 
with the intent of paragraph (2) to restrict the 
use of medical information for inappropriate 
purposes. 
‘‘(B) FINAL
REGULATIONS
REQUIRED.—
The Federal banking agencies and the National 
Credit Union Administration shall prescribe the 
regulations required under subparagraph (A) in 
final form before the end of the 6-month period 
beginning on the date of the enactment of the 
Fair and Accurate Credit Transactions Act of 
2003. 
‘‘(6) COORDINATION WITH OTHER LAWS.—No 
provision of this subsection shall be construed as al-
tering, affecting, or superseding the applicability of 
any other provision of Federal law relating to med-
ical confidentiality.’’. 
(b) RESTRICTION ON SHARING OF MEDICAL INFOR-
MATION.—Section 603(d) of the Fair Credit Reporting 
Act (15 U.S.C. 1681a(d)) is amended—
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(1) in paragraph (2), by striking ‘‘The term’’ 
and inserting ‘‘Except as provided in paragraph (3), 
the term’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) RESTRICTION ON SHARING OF MEDICAL 
INFORMATION.—Except for information or any com-
munication of information disclosed as provided in 
section 604(g)(3), the exclusions in paragraph (2) 
shall not apply with respect to information disclosed 
to any person related by common ownership or affili-
ated by corporate control if—
‘‘(A) the information is medical informa-
tion; or 
‘‘(B) the information is an individualized 
list or description based on a consumer’s pay-
ment transactions for medical products or serv-
ices, or an aggregate list of identified con-
sumers based on payment transactions for med-
ical products or services.’’. 
SEC. 702. CONFIDENTIALITY OF MEDICAL CONTACT INFOR-
MATION IN CREDIT REPORTS. 
(a) DUTIES
OF
MEDICAL
INFORMATION
FUR-
NISHERS.—Section 623(a) of the Fair Credit Reporting 
Act (15 U.S.C. 1681s–2(a)) is amended by inserting after
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paragraph (7) (as added by section 504(a)) the following 
new paragraph: 
‘‘(8) DUTY TO PROVIDE NOTICE OF STATUS AS 
MEDICAL
INFORMATION
FURNISHER.—A person 
whose primary business is providing medical serv-
ices, products, or devices, or the person’s agent or 
assignee, who furnishes information to a consumer 
reporting agency on a consumer shall be considered 
a medical information furnisher for the purposes of 
this title and shall notify the agency of such sta-
tus.’’. 
(b) RESTRICTION OF DISSEMINATION OF MEDICAL 
CONTACT INFORMATION.—Section 605(a) of the Fair 
Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by 
adding the following new paragraph: 
‘‘(6) The name, address, and telephone number 
of any medical information furnisher that has noti-
fied the agency of its status, unless—
‘‘(A) such name, address, and telephone 
number are restricted or reported using codes 
that do not identify, or provide information suf-
ficient to infer, the specific provider or the na-
ture of such services, products, or devices to a 
person other than the consumer; or
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‘‘(B) the report is being provided to an in-
surance company for a purpose relating to en-
gaging in the business of insurance other than 
property and casualty insurance.’’. 
(c) NO
EXCEPTIONS
ALLOWED
FOR
DOLLAR 
AMOUNTS.—Section 605(b) of the Fair Credit Reporting 
Act (15 U.S.C. 1681c(b)) is amended by striking ‘‘The 
provisions of subsection (a)’’ and inserting ‘‘The provi-
sions of paragraphs (1) through (5) of subsection (a)’’. 
(d) COORDINATION WITH OTHER LAWS.—No provi-
sion of any amendment made by this section shall be con-
strued as altering, affecting, or superseding the applica-
bility of any other provision of Federal law relating to 
medical confidentiality. 
(e) FTC REGULATION
OF
CODING
OF
TRADE 
NAMES.—Section 621 of the Fair Credit Reporting Act 
(15 U.S.C. 1681s) is amended by inserting after sub-
section (f) (as added by section 301 of this Act) the fol-
lowing new subsection: 
‘‘(g) FTC REGULATION
OF CODING
OF TRADE 
NAMES.—If the Commission determines that a person de-
scribed in paragraph (8) of section 623(a) has not met 
the requirements of such paragraph, the Commission shall 
take action to ensure the person’s compliance with such 
paragraph, which may include issuing model guidance or
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prescribing reasonable policies and procedures as nec-
essary to ensure that such person complies with such para-
graph.’’. 
(f) TECHNICAL AND CONFORMING AMENDMENTS.—
Section 604(g) of the Fair Credit Reporting Act (15 
U.S.C. 1681b(g)) (as amended by section 701) is amend-
ed—
(1) in paragraph (1) by inserting ‘‘(other than 
medical contact information treated in the manner 
required under section 605(a)(6))’’ after ‘‘a con-
sumer report that contains medical information’’; 
and 
(2) in paragraph (2) by inserting ‘‘(other than 
medical information treated in the manner required 
under section 605(a)(6))’’ after ‘‘a creditor shall not 
obtain or use medical information’’. 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall take effect at the end of the 15-month 
period beginning on the date of the enactment of this Act.
Passed the House of Representatives September 10, 
2003. 
Attest: 
JEFF TRANDAHL, 
Clerk.