,,ii #aaeth ,,congress #b;d ,session ,s4 #bdih ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjah,mr4 ,scott 7for himself1 ,mrs4 ,mc,caskill1 ,mr4 ,cassidy1 and ,mr4 ,peters7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to reduce identity fraud4 #a4 ,short title ,this ,act may be cited as the ,protecting ,children ,from ,identity ,theft ,act4 #b4 ,reducing identity fraud 7a7 ,purpose ,the purpose of this section is to reduce the prevalence of synthetic identity fraud1 which disproportionally affects vulnerable populations1 such as minors and recent immigrants1 by facilitating the validation by permitted entities of fraud protection data1 pursuant to electronically received consumer consent1 through use of a database maintained by the ,commissioner4 7b7 ,definitions ,in this section3 7#a7 ,commissioner ,the term ,commissioner means the ,commissioner of the ,social ,security ,administration4 7#b7 ,financial institution ,the term financial institution has the meaning given the term in section #eji of the ,gramm-,leach-,bliley ,act 7#ae ,u4,s4,c4 #fhji74 7#c7 ,fraud protection data ,the term fraud protection data means a combination of the following information with respect to an individual3 7,a7 ,the name of the individual 7including the first name and any family forename or surname of the individual74 7,b7 ,the ,social ,security number of the individual4 7,c7 ,the date of birth 7including the month1 day1 and year7 of the individual4 7#d7 ,permitted entity ,the term permitted entity means a financial institution or a service provider1 subsidiary1 affiliate1 agent1 subcontractor1 or assignee of a financial institution4 7c7 ,efficiency 7#a7 ,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-- 7,a7 is reasonably designed to effectuate the purpose of this section2 and 7,b7 meets the requirements of subsection 7d74 7#b7 ,execution ,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 resource1 or develop a database or similar resource1 to effectuate the requirements described in paragraph 7#a74 7d7 ,protection of vulnerable consumers ,the database or similar resource described in subsection 7c7 shall-- 7#a7 compare fraud protection data provided in an inquiry by a permitted entity against such information maintained by the ,commissioner in order to confirm 7or not confirm7 the validity of the information provided2 7#b7 be scalable and accommodate reasonably anticipated volumes of verification requests from permitted entities with commercially reasonable uptime and availability2 7#c7 allow permitted entities to submit-- 7,a7 one or more individual requests electronically for real-time machine-to-machine 7or similar functionality7 accurate responses2 and 7,b7 multiple requests electronically1 such as those provided in a batch format1 for accurate electronic responses within a reasonable period of time from submission1 not to exceed #bd hours2 7#d7 be funded1 including any appropriate upgrades1 maintenance1 and associated direct and indirect administrative costs1 by users of the database or similar resource1 in a manner consistent with that described in section #aajf7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acjf7;b772 and 7#e7 not later than #ahj days after the date of enactment of this ,act1 be fully operational4 7e7 ,certification required ,before providing confirmation of fraud protection data to a permitted entity1 the ,commissioner shall ensure that the ,commissioner has a certification from the permitted entity that is dated not more than #b years before the date on which that confirmation is provided that includes the following declarations3 7#a7 ,the entity is a permitted entity4 7#b7 ,the entity is in compliance with this section4 7#c7 ,the entity is1 and will remain1 in compliance with its privacy and data security requirements1 as described in title ,v of the ,gramm-,leach-,bliley ,act 7#ae ,u4,s4,c4 #fhja et seq471 with respect to information the entity receives from the ,commissioner pursuant to this section4 7#d7 ,the entity will retain sufficient records to demonstrate its compliance with its certification and this section for a period of not less than #b years4 7f7 ,consumer consent 7#a7 ,in general ,notwithstanding any other provision of law or regulation1 a permitted entity may submit a request to the database or similar resource described in subsection 7c7 only-- 7,a7 pursuant to the written1 including electronic1 consent received by a permitted entity from the individual who is the subject of the request2 and 7,b7 in connection with a credit transaction or any circumstance described in section #fjd of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;b74 7#b7 ,electronic consent requirements ,for a permitted entity to use the consent of an individual received electronically pursuant to paragraph 7#a77;,a71 the permitted entity must obtain the individual's electronic signature1 as defined in section #ajf of the ,electronic ,signatures in ,global and ,national ,commerce ,act 7#ae ,u4,s4,c4 #gjjf74 7#c7 ,effectuating electronic consent ,no provision of law or requirement1 including section #eeb;a of title #e1 ,united ,states ,code1 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 ,commissioner4 7g7 ,compliance and enforcement 7#a7 ,audits and monitoring 7,a7 ,in general ,the ,commissioner may-- 7i7 conduct audits and monitoring to-- 7,i7 ensure proper use by permitted entities of the database or similar resource described in subsection 7c72 and 7,,ii7 deter fraud and misuse by permitted entities with respect to the database or similar resource described in subsection 7c72 and 7ii7 terminate services for any permitted entity that prevents or refuses to allow the ,commissioner to carry out the activities described in clause 7i74 7#b7 ,enforcement 7,a7 ,in general ,notwithstanding any other provision of law1 including the matter preceding paragraph 7#a7 of section #eje7;a7 of the ,gramm-,leach-,bliley ,act 7#ae ,u4,s4,c4 #fhje7;a771 any violation of this section and any certification made under this section shall be enforced in accordance with paragraphs 7#a7 through 7#g7 of such section #eje7;a7 by the agencies described in those paragraphs4 7,b7 ,relevant information ,upon discovery by the ,commissioner1 pursuant to an audit described in paragraph 7#a77;,a71 of any violation of this section or any certification made under this section1 the ,commissioner shall forward any relevant information pertaining to that violation to the appropriate agency described in subparagraph 7,a7 for evaluation by the agency for purposes of enforcing this section4