SEC. 509. DISCLOSURE OF INCREASE IN APR UNDER CER-
TAIN CIRCUMSTANCES. 
Section 609 of the Fair Credit Reporting Act (15 
U.S.C. 1681m) is amended by inserting after subsection (f) 
(as added by section 502(c) of this title) the following new 
subsection: 
‘‘(g) DISCLOSURE TO CONSUMER.—
‘‘(1) IN GENERAL.—The ability of a credit card 
issuer to increase any annual percentage rate appli-
cable to a credit card account, or to remove or in-
crease any introductory annual percentage rate of in-
terest applicable to such account, for reasons other 
than actions or omissions of the card holder that are 
directly related to such account shall be clearly and 
conspicuously disclosed to the consumer by the credit 
card issuer in any disclosure or statement required to 
be made to the consumer under this title in connec-
tion with a credit card solicitation that is not initi-
ated by the consumer. 
‘‘(2) REGULATIONS AND MODEL STATEMENTS.—
The Board, in consultation with the Federal banking 
agencies and the National Credit Union Administra-
tion, shall develop such guidelines in regulations as 
necessary to assure that the information to be dis-
closed to consumers pursuant to paragraph (1) is 
clearly and conspicuously provided in a prominent
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 Re-
porting Act (15 U.S.C. 1681a) is amended by inserting 
after subsection (p) the following new subsection: 
‘‘(q) EXCLUSION OF CERTAIN COMMUNICATIONS FOR 
EMPLOYEE INVESTIGATIONS.—
‘‘(1) COMMUNICATIONS DESCRIBED IN THIS SUB-
SECTION.—A communication is described in this sub-
section if—
‘‘(A) but for subsection (d)(2)(D), the com-
munication 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 wor-
thiness, 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, agen-
cy, 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 con-
taining the nature and substance of the communica-
tion upon which the adverse action is based, except 
that the sources of information acquired solely for use 
in preparing what would be but for subsection 
(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-
modity Futures Trading Commission, and any fu-
tures association registered with such Commission.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 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 con-
sumer, unless—
‘‘(A) if furnished in connection with an in-
surance transaction, the consumer affirmatively 
consents to the furnishing of the report; 
‘‘(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 employment 
or credit transaction; and
‘‘(ii) the consumer provides specific 
written consent for the furnishing of the re-
port that describes in clear and conspicuous 
language the use for which the information 
will be furnished; or 
‘‘(C) such information is restricted or re-
ported using codes that do not identify, or pro-
vide information sufficient to infer, the specific 
provider or the nature of such services, products, 
or devices to a person other than the consumer, 
unless the report is being provided to an insur-
ance company for a purpose relating to engaging 
in the business of insurance other than property 
and casualty insurance. 
‘‘(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-
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 construed 
so as to treat information or any communication of
information as a consumer report if the information 
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 Janu-
ary 1, 2003); 
‘‘(B) for any purpose permitted without au-
thorization under the Standards for Individually 
Identifiable Health Information promulgated 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 
‘‘(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 author-
ity (with respect to any person engaged in pro-
viding insurance or annuities). 
‘‘(4) LIMITATION ON REDISCLOSURE OF MEDICAL 
INFORMATION.—Any person that receives medical in-
formation pursuant to paragraphs (1) or (3) shall not 
disclose such information to any other person except 
as necessary to carry out the purpose 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 Fed-
eral banking agency and the National Credit 
Union Administration shall, subject to para-
graph (6) and after notice and opportunity for 
comment, prescribe regulations that permit 
transactions under paragraph (2) that are deter-
mined to be necessary and appropriate to protect 
legitimate operational, transactional, risk, con-
sumer, and other needs, consistent with the in-
tent of paragraph (2) to restrict the use of med-
ical information for inappropriate purposes. 
‘‘(B) FINAL REGULATIONS REQUIRED.—The 
Federal banking agencies and the National Cred-
it Union Administration shall prescribe the reg-
ulations 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 INFORMA-
TION.—Section 603(d) of the Fair Credit Reporting Act (15 
U.S.C. 1681a(d)) is amended—
(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 para-
graph: 
‘‘(3) RESTRICTION ON SHARING OF MEDICAL IN-
FORMATION.—Except for information or any commu-
nication of information disclosed as provided in sec-
tion 604(g)(3), the exclusions in paragraph (2) shall 
not apply with respect to information disclosed to
any person related by common ownership or affiliated 
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 consumers 
based on payment transactions for medical prod-
ucts 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 para-
graph (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 services, prod-
ucts, 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 informa-
tion furnisher for the purposes of this title and shall 
notify the agency of such status.’’.
(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 notified 
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 
‘‘(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 pro-
visions of subsection (a)’’ and inserting ‘‘The provisions 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 med-
ical 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 subsection (f) 
(as added by section 301 of this Act) the following new sub-
section: 
‘‘(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 para-
graph, which may include issuing model guidance or pre-
scribing reasonable policies and procedures as necessary to 
ensure that such person complies with such paragraph.’’. 
(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 amended—
(1) in paragraph (1) by inserting ‘‘(other than 
medical contact information treated in the manner 
required under section 605(a)(6))’’ after ‘‘a consumer 
report that contains medical information’’; and 
(2) in paragraph (2) by inserting ‘‘(other than 
medical information treated in the manner required
Union Calendar No. 150
108TH CONGRESS 
1ST SESSION 
H. R. 2622
[Report No. 108–263] 
A BILL 
To amend the Fair Credit Reporting Act, to pre-
vent identity theft, improve resolution of con-
sumer disputes, improve the accuracy of con-
sumer records, make improvements in the use of, 
and consumer access to, credit information, and 
for other purposes. 
SEPTEMBER 4, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed