AMENDMENT TO DEFINITIONS.

SEC. 111. AMENDMENT TO DEFINITIONS. Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following:“(q) Definitions Relating to Fraud Alerts.—“(1) Active duty military consumer.—The term ‘active duty military consumer’ means a consumer in military service who—“(A) is on active duty (as defined in section 101(d)(1) of title 10, United States Code) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101(a)(13) of title 10, United States Code; and “(B) is assigned to service away from the usual duty station of the consumer.“(2) Fraud alert; active duty alert.—The terms ‘fraud alert’ and ‘active duty alert’ mean a statement in the file of a consumer that—“(A) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable; and“(B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph (A) by any person requesting such consumer report.“(3) Identity theft.—The term ‘identity theft’ means a fraud committed using the identifying information of another person, subject to such further definition as the Commission may prescribe, by regulation.“(4) Identity theft report.—The term ‘identity theft report’ has the meaning given that term by rule of the Commission, and means, at a minimum, a report—“(A) that alleges an identity theft;“(B) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Commission; and “(C) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false.“(5) New credit plan.—The term ‘new credit plan’ means a new account under an open end credit plan (as defined in section 103(i) of the Truth in Lending Act) or a new credit transaction not under an open end credit plan.“(r) Credit and Debit Related Terms—“(1) Card issuer.—The term ‘card issuer’ means—“(A) a credit card issuer, in the case of a credit card; and117 STAT. 1955“(B) a debit card issuer, in the case of a debit card.“(2) Credit card.—The term ‘credit card’ has the same meaning as in section 103 of the Truth in Lending Act.“(3) Debit card.—The term ‘debit card’ means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services.“(4) Account and electronic fund transfer.—The terms ‘account’ and ‘electronic fund transfer’ have the same meanings as in section 903 of the Electronic Fund Transfer Act.“(5) Credit and creditor.—The terms ‘credit’ and ‘creditor’ have the same meanings as in section 702 of the Equal Credit Opportunity Act.“(s) Federal Banking Agency.—The term ‘Federal banking agency’ has the same meaning as in section 3 of the Federal Deposit Insurance Act.“(t) Financial Institution.—The term ‘financial institution’ means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account (as defined in section 19(b) of the Federal Reserve Act) belonging to a consumer.“(u) Reseller.—The term ‘reseller’ means a consumer reporting agency that—“(1) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities; and“(2) does not maintain a database of the assembled or merged information from which new consumer reports are produced.“(v) Commission.—The term ‘Commission’ means the Federal Trade Commission.“(w) Nationwide Specialty Consumer Reporting Agency.—The term ‘nationwide specialty consumer reporting agency’ means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to—“(1) medical records or payments;“(2) residential or tenant history;“(3) check writing history;“(4) employment history; or“(5) insurance claims.”.