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42 U.S.C. § 405b — Reducing identity fraud
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6809&num=0&edition=prelim)).
(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 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, subcontractor, 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 May 24, 2018, 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 s
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Source location: Title 42, Chapter 7, § 405b; chapter-007-social-security.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6809&num=0&edition=prelim)).
(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 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, subcontractor, 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 May 24, 2018, 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 make the modifications necessary to any database that is in existence as of May 24, 2018, or similar resource, or develop a database or similar resource, to effectuate the requirements described in paragraph (1).
**(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;
(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) 1 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6801&num=0&edition=prelim) et seq.), 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 a credit transaction or any circumstance described in [section 1681b of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681b&num=0&edition=prelim).
(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 7006 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7006&num=0&edition=prelim).
(3) **Effectuating electronic consent** — No provision of law or requirement, including [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim), 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** — The Commissioner may—
(A) 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
(B) terminate services for any permitted entity that prevents or refuses to allow the Commissioner to carry out the activities described in subparagraph (A).
(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6805/a&num=0&edition=prelim)), 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, pursuant to an audit described in paragraph (1), 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 may use funds designated for information technology modernization to carry out this section.
(4) **Annual report** — The Commissioner 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.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter:
(1) **Consumer** — The term “consumer” means an individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual.
(2) **Electronic** — The term “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) **Electronic agent** — The term “electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part without review or action by an individual at the time of the action or response.
(4) **Electronic record** — The term “electronic record” means a contract or other record created, generated, sent, communicated, received, or stored by electronic means.
(5) **Electronic signature** — The term “electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
(6) **Federal regulatory agency** — The term “Federal regulatory agency” means an agency, as that term is defined in [section 552(f) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/f&num=0&edition=prelim).
(7) **Information** — The term “information” means data, text, images, sounds, codes, computer programs, software, databases, or the like.
(8) **Person** — The term “person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any o
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 7006
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** For purposes of this section—
(1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title;
(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
(3) the term “maintain” includes maintain, collect, use, or disseminate;
(4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
(6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim);
(7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or a system of records with non-Federal records for the purpose
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Corporation** There is hereby established a Federal Deposit Insurance Corporation (hereinafter referred to as the “Corporation”) which shall insure, as hereinafter provided, the deposits of all banks and savings associations which are entitled to the benefits of insurance under this chapter, and which shall have the powers hereinafter granted.
**(b) Asset disposition division**
(1) **Establishment** — The Corporation shall have a separate division of asset disposition.
(2) **Management** — The division of asset disposition shall have an administrator who shall be appointed by the Board of Directors.
(3) **Responsibilities of division** — The division of asset disposition shall carry out all of the responsibilities of the Corporation under this chapter relating to the liquidation of insured depository institutions and the disposition of assets of such institutions.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1811
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Privacy obligation policy** It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers’ nonpublic personal information.
**(b) Financial institutions safeguards** In furtherance of the policy in subsection (a), each agency or authority described in [section 6805(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section6805/a&num=0&edition=prelim), other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards—
(1) to insure the security and confidentiality of customer records and information;
(2) to protect against any anticipated threats or hazards to the security or integrity of such records; and
(3) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6801
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) **Federal banking agency** — The term “Federal banking agency” has the same meaning as given in [section 1813 of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim).
(2) **Federal functional regulator** — The term “Federal functional regulator” means—
(A) the Board of Governors of the Federal Reserve System;
(B) the Office of the Comptroller of the Currency;
(C) the Board of Directors of the Federal Deposit Insurance Corporation;
(D) the Director of the Office of Thrift Supervision;
(E) the National Credit Union Administration Board; and
(F) the Securities and Exchange Commission.
(3) **Financial institution**
(A) *In general* — The term “financial institution” means any institution the business of which is engaging in financial activities as described in [section 1843(k) of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1843/k&num=0&edition=prelim).
(B) *Persons subject to CFTC regulation* — Notwithstanding subparagraph (A), the term “financial institution” does not include any person or entity with respect to any financial activity that is subject to the jurisdiction of the Commodity Futures Trading Commission under the Commodity Exchange Act [[7 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1&num=0&edition=prelim) et seq.].
(C) *Farm credit institutions* — Notwithstanding subparagraph (A), the term “financial institution” does not include the Federal Agricultural Mortgage Corporation or any entity chartered and operating under the Farm Credit Act of 1971 [[12 U.S.C. 2001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2001&num=0&edition=prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6809
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other:
(1) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with [section 5318 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5318&num=0&edition=prelim) or [section 3486 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3486&num=0&edition=prelim).
(2) In accordance with the written instructions of the consumer to whom it relates.
(3) To a person which it has reason to believe—
(A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or
(B) intends to use the information for employment purposes; or
(C) intends to use the information in connection with the underwriting of insurance involving the consumer; or
(D) intends to use the information in connection with a determination of the consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status; or
(E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or
(F) otherwise has a legitimate business need for the information—
(i) in connection with a business transaction that is i
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1681b
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Federal law — U.S. Code and appendices · legal_authorities
Page 2289
TITLE 15—COMMERCE AND TRADE
§ 6801
(10) State law
(A) In general
The term ‘‘State law’’ includes all laws,
decisions, rules, regulations, or other State
action having the effect of law, of any State.
(B) Laws applicable in the District of Colum-
bia
A law of the United States applicable only
to or within the District of Columbia shall
be treated as a State law rather than a law
of the United States.
(Pub. L. 106–102, title III, § 334, as added Pub. L.
114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 27.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 6766 of this title, prior to the general amend-
ment of this subchapter by Pub. L. 114–1.
A prior section 6764, Pub. L. 106–102, title III, § 334,
Nov. 12, 1999, 113 Stat. 1433, related to coordination with
other regulators, prior to the general amendment of
this subchapter by Pub. L. 114–1. See section 6761 of this
title.
A prior section 6765, Pub. L. 106–102, title III, § 335,
Nov. 12, 1999, 113 Stat. 1433, which related to judicial re-
view, was omitted in the general amendment of this
subchapter by Pub. L. 114–1. See section 6762 of this
title.
A prior section 6766, Pub. L. 106–102, title III, § 336,
Nov. 12, 1999, 113 Stat. 1433, which related to definitions,
was omitted in the general amendment of this sub-
chapter by Pub. L. 114–1.
SUBCHAPTER IV—RENTAL CAR AGENCY
INSURANCE ACTIVITIES
§ 6781. Standard of regulation for motor vehicle
rentals
(a) Protection against retroactive application of
regulatory and legal action
Except as provided in subsection (b), during
the 3-year period beginning on November 12,
1999, it shall be a presumption that no State law
imposes any licensing, appointment, or edu-
cation requirements on any p
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 6801
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 6801. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to subtitle B of the Consumer Financial Protection Act of 2010 [[12 U.S.C. 5511](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5511&num=0&edition=prelim) et seq.], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows:
(1) Under [section 1818 of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1818&num=0&edition=prelim), by the appropriate Federal banking agency, as defined in [section 1813(q) of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813/q&num=0&edition=prelim), in the case of—
(A) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities (except brokers, dealers, persons providing insurance, investment companies, and investment advisers);
(B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [[12 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section601&num=0&edition=prelim) et seq., 611 et seq.], and bank holding companies and their nonbank subsidiaries or affiliates (except brokers, dealers, persons providing insurance, investment companies, and investment ad
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6805
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Federal law — U.S. Code and appendices · legal_authorities
Page 2293
TITLE 15—COMMERCE AND TRADE
§ 6805
1 So in original. Probably should be ‘‘and, as appropriate,
with’’.
(D) Rule of construction
Nothing in this paragraph shall be con-
strued to alter, affect, or otherwise limit the
authority of a State insurance authority to
adopt regulations to carry out this sub-
chapter.
(2)
Coordination,
consistency,
and
com-
parability
Each of the agencies authorized under para-
graph (1) to prescribe regulations shall consult
and coordinate with the other such agencies
and, as appropriate, and with 1 representatives
of State insurance authorities designated by
the National Association of Insurance Com-
missioners, for the purpose of assuring, to the
extent possible, that the regulations pre-
scribed by each such agency are consistent and
comparable with the regulations prescribed by
the other such agencies.
(3) Procedures and deadline
Such regulations shall be prescribed in ac-
cordance with applicable requirements of title
5.
(b) Authority to grant exceptions
The regulations prescribed under subsection
(a) may include such additional exceptions to
subsections (a) through (d) of section 6802 of this
title as are deemed consistent with the purposes
of this subchapter.
(Pub. L. 106–102, title V, § 504, Nov. 12, 1999, 113
Stat. 1439; Pub. L. 111–203, title X, § 1093(3), July
21, 2010, 124 Stat. 2095.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (a)(1) and (b),
was in the original ‘‘this subtitle’’, meaning subtitle A
(§§ 501–510) of title V of Pub. L. 106–102, Nov. 12, 1999, 113
Stat. 1436, which is classified principally to this sub-
chapter. For complete classification of subtitle A to
the Code, see Tables.
The Consumer Financial Protection Act of 2010, re-
ferred to in
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 6805
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 6805. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2296
TITLE 15—COMMERCE AND TRADE
§ 6809
§ 6809. Definitions
As used in this subchapter:
(1) Federal banking agency
The term ‘‘Federal banking agency’’ has the
same meaning as given in section 1813 of title
12.
(2) Federal functional regulator
The term ‘‘Federal functional regulator’’
means—
(A) the Board of Governors of the Federal
Reserve System;
(B) the Office of the Comptroller of the
Currency;
(C) the Board of Directors of the Federal
Deposit Insurance Corporation;
(D) the Director of the Office of Thrift Su-
pervision;
(E) the National Credit Union Administra-
tion Board; and
(F) the Securities and Exchange Commis-
sion.
(3) Financial institution
(A) In general
The term ‘‘financial institution’’ means
any institution the business of which is en-
gaging in financial activities as described in
section 1843(k) of title 12.
(B) Persons subject to CFTC regulation
Notwithstanding subparagraph (A), the
term ‘‘financial institution’’ does not in-
clude any person or entity with respect to
any financial activity that is subject to the
jurisdiction of the Commodity Futures Trad-
ing Commission under the Commodity Ex-
change Act [7 U.S.C. 1 et seq.].
(C) Farm credit institutions
Notwithstanding subparagraph (A), the
term ‘‘financial institution’’ does not in-
clude the Federal Agricultural Mortgage
Corporation or any entity chartered and op-
erating under the Farm Credit Act of 1971 [12
U.S.C. 2001 et seq.].
(D) Other secondary market institutions
Notwithstanding subparagraph (A), the
term ‘‘financial institution’’ does not in-
clude institutions chartered by Congress
specifically to engage in transactions de-
scribed in section 6802(e)(1)(C) of this title,
as long as such institutions do not sell or
transfer nonpublic personal inform
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 6809
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 6809. This identifies an authority to review, not proof of applicability.