I 
108TH CONGRESS 
1ST SESSION 
H. R. 818
To amend the Gramm-Leach-Bliley Act to further protect customers of finan-
cial institutions whose identities are stolen from the financial institution, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2003
Mr. KLECZKA (for himself and Mr. RYAN of Wisconsin) introduced the 
following bill; which was referred to the Committee on Financial Services 
A BILL 
To amend the Gramm-Leach-Bliley Act to further protect 
customers of financial institutions whose identities are 
stolen from the financial institution, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Identity Theft Con-
sumer Notification Act’’.
SEC. 
2. 
FINANCIAL 
INSTITUTION’S 
OBLIGATION 
TO 
PROMPTLY NOTIFY AND ASSIST CUSTOMERS 
WHOSE PERSONAL INFORMATION IS COM-
PROMISED. 
(a) PROMPT NOTICE
AND ASSISTANCE.—Section 
503(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 
6803(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) a statement that, upon discovering that 
the confidentiality or security of any nonpublic per-
sonal information maintained by the financial insti-
tution with respect to consumer has been com-
promised in any way by an employee of the financial 
institution, or through any unauthorized entry into 
the records of the financial institution, the financial 
institution is obligated—
‘‘(A) to promptly notify the consumer of 
the compromise of the security or confiden-
tiality of such information, and any misuse of 
such information, that the financial institution
discovers or reasonably should discover has oc-
curred; 
‘‘(B) to provide assistance to the consumer 
to remedy any such compromise, including the 
duty of the financial institution under the Fair 
Credit Reporting Act to correct and update in-
formation contained in a consumer report relat-
ing to such consumer; 
‘‘(C) to reimburse the consumer for any 
losses the consumer incurred as a result of the 
compromise of the security or confidentiality of 
such information, and any misuse of such infor-
mation, including any fees for obtaining, inves-
tigating, and correcting a consumer report of 
such consumer at any consumer reporting agen-
cy; and 
‘‘(D) to provide information concerning the 
manner in which the consumer can obtain such 
assistance.’’. 
(b) WAIVER OF DISCLOSURE AT REQUEST OF LAW 
ENFORCEMENT AGENCY
FOR LIMITED TIME.—Section 
503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is 
amended by adding at the end the following new sub-
section:
‘‘(1) this title for purposes of enforcement ac-
tions required under section 505; and 
‘‘(2) the requirements of section 623(a)(2) of 
the Fair Credit Reporting Act to correct and update 
information concerning the consumer in a consumer 
report at a consumer reporting agency.’’. 
SEC. 3. ADDITIONAL PROTECTION FOR VICTIMS OF IDEN-
TITY THEFT. 
Section 618 of the Fair Credit Reporting Act (15 
U.S.C. 1681p) is amended to read as follows: 
‘‘SEC. 618. JURISDICTION OF COURTS; LIMITATIONS OF AC-
TIONS. 
‘‘(a) IN GENERAL.—An action to enforce any liability 
created under this title may be brought in any appropriate 
United States district court, without regard to the amount 
in controversy, or in any other court of competent jurisdic-
tion, not later than 2 years after the date on which the 
violation is discovered or should have been discovered by 
the exercise of reasonable diligence. 
‘‘(b) WILLFUL MISREPRESENTATION.—The limita-
tions period prescribed in subsection (a) shall be tolled 
during any period during which a defendant has materially 
and willfully misrepresented any information required 
under this title to be disclosed to an individual, and the 
information so misrepresented is material to the establish-
ment of the liability of the defendant to that individual 
under this title.’’.
Æ