H.R. 5192House115th Congress (2017-2019)Passed House

Protecting Children from Identity Theft Act

Introduced March 7, 2018

AI-Generated Summary

Updated April 15, 2026 at 8:38 PM UTC

The Protecting Children from Identity Theft Act would let the Social Security Administration set up a system that lets banks and their service providers verify a person’s name, Social Security number and birth date. The verification can only be done after the individual gives written (including electronic) consent, and the goal is to cut down synthetic‑identity fraud that often targets minors and recent immigrants. The SSA would charge fees to cover the costs of building and running the system.

Key Provisions

  • The SSA Commissioner must create or modify a database that can confirm a person’s name, SSN and DOB for "permitted entities" (financial institutions and their affiliates).
  • Permitted entities must obtain the individual’s written or electronic consent, including an electronic signature, before requesting verification.
  • Entities must provide a certification, updated at least every two years, that they comply with privacy and security rules and will keep records for two years.
  • The system must provide real‑time or batch responses within 24 hours and be able to handle large volumes of requests.
  • The SSA will audit and monitor entity use of the system and can suspend services for non‑compliance; violations are enforced under existing Gramm‑Leach‑Bliley Act provisions.
  • Costs of developing and operating the system are to be recovered from users through fees, with the SSA required to collect at least 50% of start‑up costs before beginning development.

Legislative Activity

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16 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Finance.

April 18, 2018

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HouseIntro Referral

Introduced in House

March 7, 2018

HouseIntro Referral

Referred to the House Committee on Ways and Means.

March 7, 2018

HouseCommittee

Referred to the Subcommittee on Social Security.

March 15, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

April 11, 2018

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 38 - 0.

April 11, 2018

HouseCommittee

Reported (Amended) by the Committee on Ways and Means. H. Rept. 115-636.

April 13, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 487.

April 13, 2018

HouseFloor

Rules Committee Resolution H. Res. 830 Reported to House. Rule provides for consideration of H.R. 5192. Rule provides for one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on Ways and Means, and provides for one motion to recommit with or without instructions.

April 16, 2018 • 6:38 PM

HouseFloor

Rule H. Res. 830 passed House.

April 17, 2018 • 12:47 PM

HouseFloor

Considered under the provisions of rule H. Res. 830. (consideration: CR H3377-3381)

April 17, 2018 • 4:34 PM

HouseFloor

Rule provides for consideration of H.R. 5192. Rule provides for one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on Ways and Means, and provides for one motion to recommit with or without instructions.

April 17, 2018 • 4:34 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 5192.

April 17, 2018 • 4:36 PM

HouseFloor

The previous question was ordered pursuant to the rule.

April 17, 2018 • 4:54 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 420 - 1 (Roll no. 142).(text: CR H3377-3378)

April 17, 2018 • 5:21 PM

HouseFloor

On passage Passed by the Yeas and Nays: 420 - 1 (Roll no. 142). (text: CR H3377-3378)

April 17, 2018 • 5:21 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

April 17, 2018 • 5:21 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Finance.

April 18, 2018

Amendments

1 amendment

Offered to this bill

Floor Debate

12 members

What members said about H.R. 5192 on the floor

7 Republicans5 Democrats
Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Apr 13, 2018

Mr. Speaker, I rise for the purpose of inquiring of the majority leader the schedule for the week to come, and I yield to the gentleman from California (Mr. McCarthy). (Mr. McCARTHY asked and was…

Kevin McCarthy
Rep. Kevin McCarthyR-CA-23 · Apr 13, 2018

Mr. Speaker, on Monday, the House will meet at noon for morning hour and 2 p.m. for legislative business. Votes will be postponed until 6:30 p.m. On Tuesday and Wednesday, the House will meet at 10…

Bradley Byrne
Rep. Bradley ByrneR-AL-1 · Apr 17, 2018

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 830 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-20 · Apr 17, 2018

Mr. Speaker, it is kind of good to see a Floridian in the pro tempore chair. Mr. Speaker, I thank the gentleman from Alabama for yielding me the customary 30 minutes for debate, and I yield myself…

Carlos Curbelo
Rep. Carlos CurbeloR-FL-26 · Apr 17, 2018

Mr. Speaker, pursuant to House Resolution 830, I call up the bill (H.R. 5192) to authorize the Commissioner of Social Security to provide confirmation of fraud protection data to certain permitted…

Show 7 more
Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Apr 17, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am pleased to rise in support of H.R. 5192, the Protecting Children from Identity Theft Act, which was introduced by…

Kyrsten Sinema
Rep. Kyrsten SinemaD-AZ-9 · Apr 17, 2018

Mr. Speaker, I rise in support of H.R. 5192, the Protecting Children from Identity Theft Act. Mr. Speaker, most of us assume our children are safe from identity theft. Most children don't have credit…

Randy Hultgren
Rep. Randy HultgrenR-IL-14 · Apr 17, 2018

Mr. Speaker, I rise today to speak in support of the Protecting Children from Identity Theft Act. I would also like to begin by thanking Leader McCarthy and my colleagues on the Ways and Means…

Sam Johnson
Rep. Sam JohnsonR-TX-3 · Apr 17, 2018

Mr. Speaker, I thank Mr. Curbelo for yielding and for introducing this commonsense and much-needed bill. Mr. Speaker, synthetic identity fraud is a real problem with real costs to the victims. One…

Adam Smith
Rep. Adam SmithD-WA-9 · Apr 18, 2018

Mr. Speaker, on Monday, April 16 and Tuesday, April 17, 2018, I was not present for recorded votes. I would have voted: YES on roll call vote No. 140 (on the motion to suspend the rules and pass H.R.…

Diane Black
Rep. Diane BlackR-TN-6 · Apr 23, 2018

Mr. Speaker, I am not recorded for roll call votes on Tuesday, April 17, 2018 and Wednesday, April 18, 2018 because I was unavoidably detained. Had I been present, I would have voted Aye on final…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Apr 17, 2018

Mr. Speaker, I was unavoidably detained. Had I been present, I would have voted ``yea'' on rollcall No. 142.

Bill Text

4 versions available

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Referred in SenateIssued April 18, 2018

IIB

115th CONGRESS

2d Session

H. R. 5192

IN THE SENATE OF THE UNITED STATES

April 18, 2018

Received; read twice and referred to the Committee on Finance

AN ACT

To authorize the Commissioner of Social Security to provide confirmation of fraud protection data to certain permitted entities, and for other purposes.

1.

Short title

This Act may be cited as the Protecting Children from Identity Theft Act.

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 validation by permitted entities of fraud protection data, pursuant 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 Administration.

(2)

Financial institution

The term financial 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 following information with respect to an individual:

(A)

The name of the individual (including the first name and any family forename or surname 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 resource 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 establish a system to carry out subsection (a), in accordance with section 1106 of the Social Security Act. In doing so, the Commissioner shall make the modifications necessary to any database that is in existence as of the date of enactment of this Act or similar resource, 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 information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided, and in such a manner as to deter fraudulent use of the database or similar resource;

(2)

be scalable and accommodate reasonably anticipated volumes of verification requests from permitted entities with commercially reasonable uptime and availability; and

(3)

allow permitted entities to submit—

(A)

one or more individual requests electronically 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 confirmation of fraud protection data to a permitted entity, 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 confirmation 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 compliance 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 Commissioner, with respect to information the entity receives from the Commissioner pursuant to this section.

(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 resource described in subsection (c) only—

(A)

pursuant to the written, including electronic, consent received by a permitted entity from the individual who is the subject of the request; and

(B)

in connection with any circumstance described in section 604 of the Fair Credit Reporting 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 electronic signature, as defined in section 106 of the Electronic 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 subsection 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 monitoring to—

(I)

ensure proper use by permitted entities of the database or similar resource 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 activities described in clause (i) and may terminate or suspend services for any permitted entity as necessary to enforce any violation of this section or of any certification made under this section.

(2)

Enforcement

(A)

In general

Notwithstanding any other provision of law, including the matter preceding 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 certification 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.

(B)

Relevant information

Upon discovery by the Commissioner of any violation of this section or any certification made under this section, the Commissioner shall forward any relevant information pertaining to that violation to the appropriate agency described in subparagraph (A) for evaluation by the agency for purposes 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 system 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 collection to the account providing appropriations for the Social Security Administration, to be used for the administration of this section without fiscal year limitation.

(B)

Prices fixed by commissioner

The Commissioner shall establish the amount to be paid by the users under this paragraph, including the costs of any services or work performed, such as any appropriate upgrades, maintenance, and associated direct and indirect administrative costs, in support of carrying out the purposes described in this section, by reimbursement or in advance as determined by the Commissioner. The amount of such prices shall be periodically adjusted by the Commissioner to ensure that amounts collected are sufficient to fully offset 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 determines 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 information 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 Social 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 Administration arising as a result of the implementation of this section.

Passed the House of Representatives April 17, 2018.

Karen L. Haas,

Clerk.