IB 
Union Calendar No. 487 
115TH CONGRESS 
2D SESSION 
H. R. 5192 
[Report No. 115–636] 
To authorize the Commissioner of Social Security to provide confirmation 
of fraud protection data to certain permitted entities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 7, 2018 
Mr. CURBELO of Florida (for himself, Mr. MARCHANT, Ms. SINEMA, and Mr. 
HULTGREN) introduced the following bill; which was referred to the Com-
mittee on Ways and Means 
APRIL 13, 2018 
Additional sponsors: Mr. ROYCE of California, Mr. MESSER, Mr. MCHENRY, 
Mr. HIMES, Mr. PERLMUTTER, Mr. DUFFY, Mr. HUIZENGA, Mr. 
DELANEY, Mr. SESSIONS, Mr. TIPTON, and Mr. YOUNG of Iowa 
APRIL 13, 2018 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 7, 2018] 
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A BILL 
To authorize the Commissioner of Social Security to provide 
confirmation of fraud protection data to certain per-
mitted entities, and for other purposes. 
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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 ‘‘Protecting Children from 
Identity Theft Act’’. 
SEC. 2. REDUCING IDENTITY FRAUD. 
(a) PURPOSE.—The purpose of this section is to reduce 
the 
prevalence 
of 
synthetic 
identity 
fraud, 
which 
disproportionally affects vulnerable populations, such as 
minors and recent immigrants, by facilitating the valida-
tion by permitted entities of fraud protection data, pursu-
ant to electronically received consumer consent, through use 
of a database maintained by the Commissioner. 
(b) DEFINITIONS.—In this section: 
(1) COMMISSIONER.—The term ‘‘Commissioner’’ 
means the Commissioner of the Social Security Ad-
ministration. 
(2) FINANCIAL INSTITUTION.—The term ‘‘finan-
cial institution’’ has the meaning given the term in 
section 509 of the Gramm-Leach-Bliley Act (15 
U.S.C. 6809). 
(3) FRAUD PROTECTION DATA.—The term ‘‘fraud 
protection data’’ means a combination of the fol-
lowing information with respect to an individual: 
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(A) The name of the individual (including 
the first name and any family forename or sur-
name of the individual). 
(B) The Social Security account number of 
the individual. 
(C) The date of birth (including the month, 
day, and year) of the individual. 
(4) PERMITTED ENTITY.—The term ‘‘permitted 
entity’’ means a financial institution or a service 
provider, subsidiary, affiliate, agent, contractor, or 
assignee of a financial institution. 
(c) EFFICIENCY.— 
(1) RELIANCE
ON
EXISTING
METHODS.—The 
Commissioner shall evaluate the feasibility of making 
modifications to any database that is in existence as 
of the date of enactment of this Act or a similar re-
source such that the database or resource— 
(A) is reasonably designed to effectuate the 
purpose of this section; and 
(B) meets the requirements of subsection (d). 
(2) EXECUTION.—The Commissioner shall estab-
lish a system to carry out subsection (a), in accord-
ance with section 1106 of the Social Security Act. In 
doing so, the Commissioner shall make the modifica-
tions necessary to any database that is in existence as 
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of the date of enactment of this Act or similar re-
source, or develop a database or similar resource. 
(d) PROTECTION OF VULNERABLE CONSUMERS.—The 
database or similar resource described in subsection (c) 
shall— 
(1) compare fraud protection data provided in 
an inquiry by a permitted entity against such infor-
mation maintained by the Commissioner in order to 
confirm (or not confirm) the validity of the informa-
tion provided, and in such a manner as to deter 
fraudulent use of the database or similar resource; 
(2) be scalable and accommodate reasonably an-
ticipated volumes of verification requests from per-
mitted entities with commercially reasonable uptime 
and availability; and 
(3) allow permitted entities to submit— 
(A) one or more individual requests elec-
tronically for real-time machine-to-machine (or 
similar functionality) accurate responses; and 
(B) multiple requests electronically, such as 
those provided in a batch format, for accurate 
electronic responses within a reasonable period of 
time from submission, not to exceed 24 hours. 
(e) CERTIFICATION REQUIRED.—Before providing con-
firmation of fraud protection data to a permitted entity, 
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the Commissioner shall ensure that the Commissioner has 
a certification from the permitted entity that is dated not 
more than 2 years before the date on which that confirma-
tion is provided that includes the following declarations: 
(1) The entity is a permitted entity. 
(2) The entity is in compliance with this section. 
(3) The entity is, and will remain, in compli-
ance with its privacy and data security requirements, 
as described in title V of the Gramm-Leach-Bliley Act 
(15 U.S.C. 6801 et seq.) and as required by the Com-
missioner, with respect to information the entity re-
ceives from the Commissioner pursuant to this sec-
tion. 
(4) The entity will retain sufficient records to 
demonstrate its compliance with its certification and 
this section for a period of not less than 2 years. 
(f) CONSUMER CONSENT.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of law or regulation, a permitted entity 
may submit a request to the database or similar re-
source described in subsection (c) only— 
(A) pursuant to the written, including elec-
tronic, consent received by a permitted entity 
from the individual who is the subject of the re-
quest; and 
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(B) in connection with any circumstance 
described in section 604 of the Fair Credit Re-
porting Act (15 U.S.C. 1681b). 
(2) ELECTRONIC CONSENT REQUIREMENTS.—For 
a permitted entity to use the consent of an individual 
received electronically pursuant to paragraph (1)(A), 
the permitted entity must obtain the individual’s elec-
tronic signature, as defined in section 106 of the Elec-
tronic Signatures in Global and National Commerce 
Act (15 U.S.C. 7006). Permitted entities must develop 
and use an electronic signature process in accordance 
with all Federal laws and requirements as designated 
by the Commissioner. 
(3) EFFECTUATING ELECTRONIC CONSENT.—No 
provision of law or requirement, including section 
552a of title 5, United States Code, shall prevent the 
use of electronic consent for purposes of this sub-
section or for use in any other consent based 
verification under the discretion of the Commissioner. 
(g) COMPLIANCE AND ENFORCEMENT.— 
(1) AUDITS AND MONITORING.— 
(A) IN GENERAL.—The Commissioner— 
(i) shall conduct audits and moni-
toring to— 
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(I) ensure proper use by permitted 
entities of the database or similar re-
source described in subsection (c); and 
(II) deter fraud and misuse by 
permitted entities with respect to the 
database or similar resource described 
in subsection (c); and 
(ii) may terminate services for any 
permitted entity that prevents or refuses to 
allow the Commissioner to carry out the ac-
tivities described in clause (i) and may ter-
minate or suspend services for any per-
mitted entity as necessary to enforce any 
violation of this section or of any certifi-
cation made under this section. 
(2) ENFORCEMENT.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, including the matter pre-
ceding paragraph (1) of section 505(a) of the 
Gramm-Leach-Bliley Act (15 U.S.C. 6805(a)), 
any violation of this section and any certifi-
cation made under this section shall be enforced 
in accordance with paragraphs (1) through (7) 
of such section 505(a) by the agencies described 
in those paragraphs. 
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(B) RELEVANT
INFORMATION.—Upon dis-
covery by the Commissioner of any violation of 
this section or any certification made under this 
section, the Commissioner shall forward any rel-
evant information pertaining to that violation to 
the appropriate agency described in subpara-
graph (A) for evaluation by the agency for pur-
poses of enforcing this section. 
(h) RECOVERY OF COSTS.— 
(1) IN GENERAL.— 
(A) IN
GENERAL.—Amounts obligated to 
carry out this section shall be fully recovered 
from the users of the database or verification sys-
tem by way of advances, reimbursements, user 
fees, or other recoveries as determined by the 
Commissioner. The funds recovered under this 
paragraph shall be deposited as an offsetting col-
lection to the account providing appropriations 
for the Social Security Administration, to be 
used for the administration of this section with-
out fiscal year limitation. 
(B) PRICES FIXED BY COMMISSIONER.—The 
Commissioner shall establish the amount to be 
paid by the users under this paragraph, includ-
ing the costs of any services or work performed, 
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such as any appropriate upgrades, maintenance, 
and associated direct and indirect administra-
tive costs, in support of carrying out the pur-
poses described in this section, by reimbursement 
or in advance as determined by the Commis-
sioner. The amount of such prices shall be peri-
odically adjusted by the Commissioner to ensure 
that amounts collected are sufficient to fully off-
set the cost of the administration of this section. 
(2) INITIAL DEVELOPMENT.—The Commissioner 
shall not begin development of a verification system 
to carry out this section until the Commissioner de-
termines that amounts equal to at least 50 percent of 
program start-up costs have been collected under 
paragraph (1). 
(3) EXISTING
RESOURCES.—The Commissioner 
of Social Security may use funds designated for infor-
mation technology modernization to carry out this 
section, but in all cases shall be fully reimbursed 
under paragraph (1)(A). 
(4) ANNUAL REPORT.—The Commissioner of So-
cial Security shall annually submit to the Committee 
on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate a report 
on the amount of indirect costs to the Social Security 
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Administration arising as a result of the implementa-
tion of this section. 
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Union Calendar No. 487 
115TH CONGRESS 
2D SESSION 
H. R. 5192 
[Report No. 115–636] 
A BILL 
To authorize the Commissioner of Social Security 
to provide confirmation of fraud protection data 
to certain permitted entities, and for other pur-
poses. 
APRIL 13, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
20:38 Apr 13, 2018
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PO 00000
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