‘(a) DEFINITIONS- In this section: [‘(1) DISPLAY- The term ‘display’ means to intentionally communicate or otherwise make available (on the Internet or in any other manner) to the general public an individual’s social security number. [‘(2) PERSON- The term ‘person’ means any individual, partnership, corporation, trust, estate, cooperative, association, or any other entity. [‘(3) PURCHASE- The term ‘purchase’ means providing directly or indirectly, anything of value in exchange for a social security number. [‘(4) SALE- The term ‘sale’ means obtaining, directly or indirectly, anything of value in exchange for a social security number. [‘(5) STATE- The term ‘State’ means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any territory or possession of the United States. [‘(b) LIMITATION ON DISPLAY- Except as provided in section 1028B, no person may display any individual’s social security number to the general public without the affirmatively expressed consent of the individual. [‘(c) LIMITATION ON SALE OR PURCHASE- Except as otherwise provided in this section, no person may sell or purchase any individual’s social security number without the affirmatively expressed consent of the individual. [‘(d) PROHIBITION OF WRONGFUL USE AS PERSONAL IDENTIFICATION NUMBER- No person may obtain any individual’s social security number for purposes of locating or identifying an individual with the intent to physically injure, harm, or use the identity of the individual for any illegal purpose. [‘(e) PREREQUISITES FOR CONSENT- In order for consent to exist under subsection (b) or (c), the person displaying or seeking to display, selling or attempting to sell, or purchasing or attempting to purchase, an individual’s social security number shall-- [‘(1) inform the individual of the general purpose for which the number will be used, the types of persons to whom the number may be available, and [[Struck out->] the scope of transactions permitted by the consent; and [
‘(2) obtain the affirmatively expressed consent (electronically or in writing) of the individual. [‘(f) EXCEPTIONS- [‘(1) IN GENERAL- Except as provided in subsection (d), nothing in this section shall be construed to prohibit or limit the display, sale, or purchase of a social security number-- [‘(A) permitted, required, or excepted, expressly or by implication, under section 205(c)(2), 1124A(a)(3), or 1141(c) of the Social Security Act (42 U.S.C. 405(c)(2), 1320a-3a(a)(3), and 1320b-11(c)), section 7(a)(2) of the Privacy Act of 1974 (5 U.S.C. 552a note), section 6109(d) of the Internal Revenue Code of 1986, or section 6(b)(1) of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6305(b)(1)); [‘(B) for a public health purpose, including the protection of the health or safety of an individual in an emergency situation; [‘(C) for a national security purpose; [‘(D) for a law enforcement purpose, including the investigation of fraud, as required under subchapter II of chapter 53 of title 31, United States Code, and chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951-1959), and the enforcement of a child support obligation; [‘(E) if the display, sale, or purchase of the number is for a business-to-business use, including, but not limited to-- [‘(i) the prevention of fraud (including fraud in protecting an employee’s right to employment benefits); [‘(ii) the facilitation of credit checks or the facilitation of background checks of employees, prospective employees, and volunteers; [‘(iii) compliance with any requirement related to the social security program established under title II of the Social Security Act (42 U.S.C. 401 et seq.); or [‘(iv) the retrieval of other information from, or by, other businesses, commercial enterprises, or private nonprofit organizations, [[Struck out->] except that, nothing in this subparagraph shall be construed as permitting a professional or commercial user to display or sell a social security number to the general public; [
‘(F) if the transfer of such a number is part of a data matching program under the Computer Matching and Privacy Protection Act of 1988 (5 U.S.C. 552a note) or any similar computer data matching program involving a Federal, State, or local agency; or [‘(G) if such number is required to be submitted as part of the process for applying for any type of Federal, State, or local government benefit or program. [‘(g) CIVIL ACTION IN UNITED STATES DISTRICT COURT; DAMAGES; ATTORNEY’S FEES AND COSTS- [‘(1) IN GENERAL- Any individual aggrieved by any act of any person in violation of this section may bring a civil action in a United States district court to recover-- [‘(A) such preliminary and equitable relief as the court determines to be appropriate; and [‘(B) the greater of-- [‘(i) actual damages; [‘(ii) liquidated damages of $2,500; or [‘(iii) in the case of a violation that was willful and resulted in profit or monetary gain, liquidated damages of $10,000. [‘(2) STATUTE OF LIMITATIONS- No action may be commenced under this subsection more than 3 years after the date on which the violation was or should reasonably have been discovered by the aggrieved individual. [‘(3) NONEXCLUSIVE REMEDY- The remedy provided under this subsection shall be in addition to any other remedy available to the individual. [‘(h) CIVIL PENALTIES- [‘(1) IN GENERAL- Any person who the Attorney General determines has violated this section shall be subject, in addition to any other penalties that may be prescribed by law-- [‘(A) to a civil penalty of not more than $5,000 for each such violation; and [‘(B) to a civil penalty of not more than $50,000, if the violations have occurred with such frequency as to constitute a general business practice. [‘(2) DETERMINATION OF VIOLATIONS- Any willful violation committed contemporaneously with respect to the social security numbers of 2 or more individuals by means of mail, telecommunication, or otherwise, shall be treated as a separate violation with respect to each such individual. [‘(3) ENFORCEMENT PROCEDURES- The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a), other than subsections (a), (b), (f), (h), (i), (j), (m), and (n) and the first sentence of subsection (c) of such section, and the provisions of subsections (d) and (e) of section 205 of such Act (42 U.S.C. 405) shall apply to a civil penalty under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a) of such Act (42 U.S.C. 1320a-7a(a)), except that, for purposes of this paragraph, any reference in section 1128A of such Act (42 U.S.C. 1320a-7a) to the Secretary shall be deemed to be a reference to the Attorney General.’. [[Struck out->] (2) CONFORMING AMENDMENT- The chapter analysis for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1028 the following: [
‘1028A. Prohibition of the display, sale, or purchase of social security numbers.’. [[Struck out->] (b) CRIMINAL SANCTIONS- Section 208(a) of the Social Security Act (42 U.S.C. 408(a)) is amended-- [
[Struck out->] (1) in paragraph (8), by inserting ‘or’ after the semicolon; and [
[Struck out->] (2) by inserting after paragraph (8) the following new paragraphs: [
‘(9) except as provided in paragraph (5) of section 1028A(a) of title 18, United States Code, knowingly and willfully displays, sells, or purchases (as those terms are defined in paragraph (1) of such section) any individual’s social security number (as defined in such paragraph) without the affirmatively expressed consent of that individual after having met the prerequisites for consent under paragraph (4) of such section, electronically or in writing, with respect to that individual; or [‘(10) obtains any individual’s social security number for the purpose of locating or identifying the individual with the intent to injure or to harm that individual, or to use the identity of that individual for an illegal purpose;’. [[Struck out->] (c) EFFECTIVE DATE- Section 1028A of title 18, United States Code (as added by subsection (a)), and section 208 of the Social Security Act (42 U.S.C. 408) (as amended by subsection (b)) shall take effect 30 days after the date on which the final regulations promulgated under section 5(b) are published in the Federal Register. [
[Struck out->] SEC. 4. NO PROHIBITION WITH RESPECT TO PUBLIC RECORDS. [
[Struck out->] (a) PUBLIC RECORDS EXCEPTION- [
[Struck out->] (1) IN GENERAL- Chapter 47 of title 18, United States Code (as amended by section 3(a)(1)), is amended by inserting after section 1028A the following: [
[Struck out->]
‘Sec. 1028B. No prohibition of the display, sale, or purchase of social security numbers included in public records [‘(a) IN GENERAL- Nothing in section 1028A shall be construed to prohibit or limit the display, sale, or purchase of any public record which includes a social security number that-- [‘(1) is incidentally included in a public record, as defined in subsection (d); [‘(2) is intended to be purchased, sold, or displayed pursuant to an exception contained in section 1028A(f); [‘(3) is intended to be purchased, sold, or displayed pursuant to the consent provisions of subsections (b), (c), and (e) of section 1028A; or [‘(4) includes a redaction of the nonincidental occurrences of the social security numbers when sold or displayed to members of the general public. [‘(b) AGENCY REQUIREMENTS- Each agency in possession of documents that contain social security numbers which are nonincidental, shall, with respect to such documents-- [‘(1) ensure that access to such numbers is restricted to persons who may obtain them in accordance with applicable law; [‘(2) require an individual who is not exempt under section 1028A(f) to provide the social security number of the person who is the subject of the document before making such document available; or [‘(3) redact the social security number from the document prior to providing a copy of the requested document to an individual who is not exempt under section 1028A(f) and who is unable to provide the social security number of the person who is the subject of the document. [‘(c) RULE OF CONSTRUCTION- Nothing in this section shall be used as a basis for permitting or requiring a State or local government entity or other repository of public documents to expand or to limit access to documents containing social security numbers to entities covered by the exception in section 1028A(f). [‘(d) DEFINITIONS- In this section: [‘(1) INCIDENTAL- The term ‘incidental’ means that the social security number is not routinely displayed in a consistent and predictable manner on the public record by a government entity, such as on the face of a document. [‘(2) PUBLIC RECORD- The term ‘public record’ means any item, collection, or grouping of information about an individual that is maintained by a Federal, State, or local government entity and that is made available to the public.’. [[Struck out->] (2) CONFORMING AMENDMENT- The chapter analysis for chapter 47 of title 18, United States Code (as amended by section 3(a)(2)), is amended by inserting after the item relating to section 1028A the following: [
‘1028B. No prohibition of the display, sale, or purchase of social security numbers included in public records.’. [[Struck out->] SEC. 5. RULEMAKING AUTHORITY OF THE ATTORNEY GENERAL. [
[Struck out->] (a) IN GENERAL- Except as provided in subsection (b), the Attorney General may prescribe such rules and regulations as the Attorney General deems necessary to carry out the provisions of section 3. [
[Struck out->] (b) BUSINESS-TO-BUSINESS COMMERCIAL DISPLAY, SALE, OR PURCHASE RULEMAKING- [
[Struck out->] (1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Commissioner of Social Security, the Federal Trade Commission, and such other Federal agencies as the Attorney General determines appropriate, may conduct such rulemaking procedures in accordance with subchapter II of chapter 5 of title 5, United States Code, as are necessary to promulgate regulations to implement and clarify the business-to-business provisions pertaining to section 1028A(f)(1)(E) of title 18, United States Code (as added by section 3(a)(1)). The Attorney General shall consult with other agencies to ensure, where possible, that these provisions are consistent with other privacy laws, including title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.). [
[Struck out->] (2) FACTORS TO BE CONSIDERED- In promulgating the regulations required under paragraph (1), the Attorney General shall, at a minimum, consider the following factors: [
[Struck out->] (A) The benefit to a particular business practice and to the general public of the sale or purchase of an individual’s social security number. [
[Struck out->] (B) The risk that a particular business practice will promote the use of the social security number to commit fraud, deception, or crime. [
[Struck out->] (C) The presence of adequate safeguards to prevent the misappropriation of social security numbers by the general public, while permitting internal business uses of such numbers. [
[Struck out->] (D) The implementation of procedures to prevent identity thieves, stalkers, and others with ill intent from posing as legitimate businesses to obtain social security numbers. [
[Struck out->] SEC. 6. TREATMENT OF SOCIAL SECURITY NUMBERS ON GOVERNMENT DOCUMENTS. [
[Struck out->] (a) PROHIBITION OF USE OF SOCIAL SECURITY ACCOUNT NUMBERS ON CHECKS ISSUED FOR PAYMENT BY GOVERNMENTAL AGENCIES- [
[Struck out->] (1) IN GENERAL- Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) is amended by adding at the end the following new clause: [
‘(x) No Federal, State, or local agency may display the social security account number of any individual, or any derivative of such number, on any check issued for any payment by the Federal, State, or local agency.’. [[Struck out->] (2) EFFECTIVE DATE- The amendment made by this subsection shall apply with respect to violations of section 205(c)(2)(C)(x) of the Social Security Act (42 U.S.C. 405(c)(2)(C)(x)), as added by paragraph (1), occurring after the date that is 3 years after the date of enactment of this Act. [
[Struck out->] (b) PROHIBITION OF APPEARANCE OF SOCIAL SECURITY ACCOUNT NUMBERS ON DRIVER’S LICENSES OR MOTOR VEHICLE REGISTRATION- [
[Struck out->] (1) IN GENERAL- Section 205(c)(2)(C)(vi) of the Social Security Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended-- [
[Struck out->] (A) by inserting ‘(I)’ after ‘(vi)’; and [
[Struck out->] (B) by adding at the end the following new subclause: [
‘(II)(aa) An agency of a State (or political subdivision thereof), in the administration of any driver’s license or motor vehicle registration law within its jurisdiction, may not disclose the social security account numbers issued by the Commissioner of Social Security, or any derivative of such numbers, on any driver’s license or motor vehicle registration or any other document issued by such State (or political subdivision thereof) to an individual for purposes of identification of such individual. [‘(bb) Nothing in this subclause shall be construed as precluding an agency of a State (or political subdivision thereof), in the administration of any driver’s license or motor vehicle registration law within its jurisdiction, from using a social security account number for an internal use or to link with the database of an agency of another State that is responsible for the administration of any driver’s license or motor vehicle registration law.’. [[Struck out->] (2) EFFECTIVE DATE- The amendment made by this subsection shall apply with respect to licenses, registrations, and other documents issued or reissued after the date that is 1 year after the date of enactment of this Act. [
[Struck out->] (c) PROHIBITION OF INMATE ACCESS TO SOCIAL SECURITY ACCOUNT NUMBERS- [
[Struck out->] (1) IN GENERAL- Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by subsection (b)) is amended by adding at the end the following new clause: [
‘(xi) No Federal, State, or local agency may employ, or enter into a contract for the use or employment of, prisoners in any capacity that would allow such prisoners access to the social security account numbers of other individuals. For purposes of this clause, the term ‘prisoner’ means an individual confined in a jail, prison, or other penal institution or correctional facility pursuant to such individual’s conviction of a criminal offense.’. [[Struck out->] (2) EFFECTIVE DATE- The amendment made by this subsection shall apply with respect to employment of prisoners, or entry into contract with prisoners, after the date that is 1 year after the date of enactment of this Act. [
[Struck out->] SEC. 7. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL SECURITY NUMBER FOR CONSUMER TRANSACTIONS. [
[Struck out->] (a) IN GENERAL- Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following new section: [
[Struck out->]
‘SEC. 1150A. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL SECURITY NUMBER FOR CONSUMER TRANSACTIONS. [‘(a) IN GENERAL- A commercial entity may not require an individual to provide the individual’s social security number when purchasing a commercial good or service or deny an individual the good or service for refusing to provide that number except-- [‘(1) for any purpose relating to-- [‘(A) obtaining a consumer report for any purpose permitted under the Fair Credit Reporting Act; [‘(B) a background check of the individual conducted by a landlord, lessor, employer, voluntary service agency, or other entity as determined by the Attorney General; [‘(C) law enforcement; or [‘(D) a Federal or State law requirement; or [‘(2) if the social security number is necessary to verify identity and to prevent fraud with respect to the specific transaction requested by the consumer and no other form of identification can produce comparable information. [‘(b) OTHER FORMS OF IDENTIFICATION- Nothing in this section shall be construed to prohibit a commercial entity from-- [‘(1) requiring an individual to provide 2 forms of identification that do not contain the social security number of the individual; or [‘(2) denying an individual a good or service for refusing to provide 2 forms of identification that do not contain such number. [‘(c) APPLICATION OF CIVIL MONEY PENALTIES- A violation of this section shall be deemed to be a violation of section 1129(a)(3)(F). [‘(d) APPLICATION OF CRIMINAL PENALTIES- A violation of this section shall be deemed to be a violation of section 208(a)(8).’. [[Struck out->] (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to requests to provide a social security number made on or after the date of enactment of this Act. [
[Struck out->] SEC. 8. EXTENSION OF CIVIL MONETARY PENALTIES FOR MISUSE OF A SOCIAL SECURITY NUMBER. [
[Struck out->] (a) TREATMENT OF WITHHOLDING OF MATERIAL FACTS- [
[Struck out->] (1) CIVIL PENALTIES- The first sentence of section 1129(a)(1) of the Social Security Act (42 U.S.C. 1320a-8(a)(1)) is amended-- [
[Struck out->] (A) by striking ‘who’ and inserting ‘who--’; [
[Struck out->] (B) by striking ‘makes’ and all that follows through ‘shall be subject to’ and inserting the following: [
‘(A) makes, or causes to be made, a statement or representation of a material fact, for use in determining any initial or continuing right to or the amount of monthly insurance benefits under title II or benefits or payments under title VIII or XVI, that the person knows or should know is false or misleading; [‘(B) makes such a statement or representation for such use with knowing disregard for the truth; or [‘(C) omits from a statement or representation for such use, or otherwise withholds disclosure of, a fact which the individual knows or should know is material to the determination of any initial or continuing right to or the amount of monthly insurance benefits under title II or benefits or payments under title VIII or XVI and the individual knows, or should know, that the statement or representation with such omission is false or misleading or that the withholding of such disclosure is misleading, [[Struck out->] shall be subject to’; [
[Struck out->] (C) by inserting ‘or each receipt of such benefits while withholding disclosure of such fact’ after ‘each such statement or representation’; [
[Struck out->] (D) by inserting ‘or because of such withholding of disclosure of a material fact’ after ‘because of such statement or representation’; and [
[Struck out->] (E) by inserting ‘or such a withholding of disclosure’ after ‘such a statement or representation’. [
[Struck out->] (2) ADMINISTRATIVE PROCEDURE FOR IMPOSING PENALTIES- The first sentence of section 1129A(a) of the Social Security Act (42 U.S.C. 1320a-8a(a)) is amended-- [
[Struck out->] (A) by striking ‘who’ and inserting ‘who--’; and [
[Struck out->] (B) by striking ‘makes’ and all that follows through ‘shall be subject to’ and inserting the following new paragraphs: [
‘(1) makes, or causes to be made, a statement or representation of a material fact, for use in determining any initial or continuing right to or the amount of monthly insurance benefits under title II or benefits or payments under title VIII or XVI, that the person knows or should know is false or misleading; [‘(2) makes such a statement or representation for such use with knowing disregard for the truth; or [‘(3) omits from a statement or representation for such use, or otherwise withholds disclosure of, a fact which the individual knows or should know is material to the determination of any initial or continuing right to or the amount of monthly insurance benefits under title II or benefits or payments under title VIII or XVI and the individual knows, or should know, that the statement or representation with such omission is false or misleading or that the withholding of such disclosure is misleading, [[Struck out->] shall be subject to’. [
[Struck out->] (b) APPLICATION OF CIVIL MONEY PENALTIES TO ELEMENTS OF CRIMINAL VIOLATIONS- Section 1129(a) of the Social Security Act (42 U.S.C. 1320a-8(a)), as amended by subsection (a)(1), is amended-- [
[Struck out->] (1) by redesignating paragraph (2) as paragraph (4); [
[Struck out->] (2) by redesignating the last sentence of paragraph (1) as paragraph (2) and inserting such paragraph after paragraph (1); and [
[Struck out->] (3) by inserting after paragraph (2) (as so redesignated) the following new paragraph: [
‘(3) Any person (including an organization, agency, or other entity) who-- [‘(A) uses a social security account number that such person knows or should know has been assigned by the Commissioner of Social Security (in an exercise of authority under section 205(c)(2) to establish and maintain records) on the basis of false information furnished to the Commissioner by any person; [‘(B) falsely represents a number to be the social security account number assigned by the Commissioner of Social Security to any individual, when such person knows or should know that such number is not the social security account number assigned by the Commissioner to such individual; [‘(C) knowingly alters a social security card issued by the Commissioner of Social Security, or possesses such a card with intent to alter it; [‘(D) knowingly displays, sells, or purchases a card that is, or purports to be, a card issued by the Commissioner of Social Security, or possesses such a card with intent to display, purchase, or sell it; [‘(E) counterfeits a social security card, or possesses a counterfeit social security card with intent to display, sell, or purchase it; [‘(F) discloses, uses, compels the disclosure of, or knowingly displays, sells, or purchases the social security account number of any person in violation of the laws of the United States; [‘(G) with intent to deceive the Commissioner of Social Security as to such person’s true identity (or [[Struck out->] the true identity of any other person) furnishes or causes to be furnished false information to the Commissioner with respect to any information required by the Commissioner in connection with the establishment and maintenance of the records provided for in section 205(c)(2); [
‘(H) offers, for a fee, to acquire for any individual, or to assist in acquiring for any individual, an additional social security account number or a number which purports to be a social security account number; or [‘(I) being an officer or employee of a Federal, State, or local agency in possession of any individual’s social security account number, willfully acts or fails to act so as to cause a violation by such agency of clause (vi)(II) or (x) of section 205(c)(2)(C), [[Struck out->] shall be subject to, in addition to any other penalties that may be prescribed by law, a civil money penalty of not more than $5,000 for each violation. Such person shall also be subject to an assessment, in lieu of damages sustained by the United States resulting from such violation, of not more than twice the amount of any benefits or payments paid as a result of such violation.’. [
[Struck out->] (c) CLARIFICATION OF TREATMENT OF RECOVERED AMOUNTS- Section 1129(e)(2)(B) of the Social Security Act (42 U.S.C. 1320a-8(e)(2)(B)) is amended by striking ‘In the case of amounts recovered arising out of a determination relating to title VIII or XVI,’ and inserting ‘In the case of any other amounts recovered under this section,’. [
[Struck out->] (d) CONFORMING AMENDMENTS- [
[Struck out->] (1) Section 1129(b)(3)(A) of the Social Security Act (42 U.S.C. 1320a-8(b)(3)(A)) is amended by striking ‘charging fraud or false statements’. [
[Struck out->] (2) Section 1129(c)(1) of the Social Security Act (42 U.S.C. 1320a-8(c)(1)) is amended by striking ‘and representations’ and inserting ‘, representations, or actions’. [
[Struck out->] (3) Section 1129(e)(1)(A) of the Social Security Act (42 U.S.C. 1320a-8(e)(1)(A)) is amended by striking ‘statement or representation referred to in subsection (a) was made’ and inserting ‘violation occurred’. [
[Struck out->] (e) EFFECTIVE DATES- [
[Struck out->] (1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section [
[Struck out->] shall apply with respect to violations of sections 1129 and 1129A of the Social Security Act (42 U.S.C. 1320-8 and 1320a-8a), as amended by this section, committed after the date of enactment of this Act. [
[Struck out->] (2) VIOLATIONS BY GOVERNMENT AGENTS IN POSSESSION OF SOCIAL SECURITY NUMBERS- Section 1129(a)(3)(I) of the Social Security Act (42 U.S.C. 1320a-8(a)(3)(I)), as added by subsection (b), shall apply with respect to violations of that section occurring on or after the effective date under section 3(c). [
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the ‘Social Security Number Misuse Prevention Act of 2002’.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 3. Prohibition of the display, sale, or purchase of social security numbers.
Sec. 4. No prohibition with respect to public records.
Sec. 5. Rulemaking authority of the Attorney General.
Sec. 6. Treatment of social security numbers on government documents.
Sec. 7. Limits on personal disclosure of a social security number for consumer transactions.
Sec. 8. Extension of civil monetary penalties for misuse of a social security number.
Sec. 9. Truncation of credit card account numbers.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The inappropriate display, sale, or purchase of social security numbers has contributed to a growing range of illegal activities, including fraud, identity theft, and, in some cases, stalking and other violent crimes.
(2) While financial institutions, health care providers, and other entities have often used social security numbers to confirm the identity of an individual, the general display to the public, sale, or purchase of these numbers has been used to commit crimes, and also can result in serious invasions of individual privacy.
(3) The Federal Government requires virtually every individual in the United States to obtain and maintain a social security number in order to pay taxes, to qualify for social security benefits, or to seek employment. An unintended consequence of these requirements is that social security numbers have become tools that can be used to facilitate crime, fraud, and invasions of the privacy of the individuals to whom the numbers are assigned. Because the Federal Government created and maintains this system, and because the Federal Government does not permit individuals to exempt themselves from those requirements, it is appropriate for the Federal Government to take steps to stem the abuse of this system.
(4) A social security number does not contain, reflect, or convey any publicly significant information or concern any public issue. The display, sale, or purchase of such numbers in no way facilitates uninhibited, robust, and wide-open public debate, and restrictions on such display, sale, or purchase would not affect public debate.
(5) No one should seek to profit from the display, sale, or purchase of social security numbers in circumstances that create a substantial risk of physical, emotional, or financial harm to the individuals to whom those numbers are assigned.
(6) Consequently, this Act offers each individual that has been assigned a social security number necessary protection from the display, sale, and purchase of that number in any circumstance that might facilitate unlawful conduct.
SEC. 3. PROHIBITION OF THE DISPLAY, SALE, OR PURCHASE OF SOCIAL SECURITY NUMBERS.
(1) IN GENERAL- Chapter 47 of title 18, United States Code, is amended by inserting after section 1028 the following:
‘Sec. 1028A. Prohibition of the display, sale, or purchase of social security numbers
‘(a) DEFINITIONS- In this section:
‘(1) DISPLAY- The term ‘display’ means to intentionally communicate or otherwise make available (on the Internet or in any other manner) to the general public an individual’s social security number.
‘(2) PERSON- The term ‘person’ means any individual, partnership, corporation, trust, estate, cooperative, association, or any other entity.
‘(3) PURCHASE- The term ‘purchase’ means providing directly or indirectly, anything of value in exchange for a social security number.
‘(4) SALE- The term ‘sale’ means obtaining, directly or indirectly, anything of value in exchange for a social security number.
‘(5) STATE- The term ‘State’ means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any territory or possession of the United States.
‘(1) inform the individual of the general purpose for which the number will be used, the types of persons to whom the number may be available, and the scope of transactions permitted by the consent; and
‘(2) obtain the affirmatively expressed consent (electronically or in writing) of the individual.
‘(1) permitted, required, or excepted, expressly or by implication, under section 205(c)(2), 1124A(a)(3), or 1141(c) of the Social Security Act (42 U.S.C. 405(c)(2), 1320a-3a(a)(3), or 1320b-11(c)), section 7(a)(2) of the Privacy Act of 1974 (5 U.S.C. 552a note), section 6109(d) of the Internal Revenue Code of 1986, or section 6(b)(1) of the Professional Boxing Safety Act of 1996 (15 U.S.C. 6305(b)(1));
‘(2) for a public health purpose, including the protection of the health or safety of an individual in an emergency situation;
‘(3) for a national security purpose;
‘(4) for a law enforcement purpose, including the investigation of fraud, as required under subchapter II of chapter 53 of title 31, United States Code, and chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951-1959), and the enforcement of a child support obligation;
‘(5) if the display, sale, or purchase of the number is for a business-to-business use or business-to-government use, including, but not limited to--
‘(A) the prevention of fraud (including fraud in protecting an employee’s right to employment benefits);
‘(B) the facilitation of credit checks or the facilitation of background checks of employees, prospective employees, and volunteers;
‘(C) compliance with any requirement related to the social security program established under title II of the Social Security Act (42 U.S.C. 401 et seq.);
‘(D) the retrieval of other information from other businesses, commercial enterprises, government entities, or private nonprofit organizations; or
‘(E) the transmission of the number is incidental to, and in the course of, the sale, lease, franchising, or merger of all, or a portion of, a business;
‘(1) IN GENERAL- Any individual aggrieved by an act of any person in violation of this section may, if otherwise permitted by the laws or rules of the court of a State, bring in an appropriate court of that State--
‘(A) an action to enjoin such violation;
‘(B) an action to recover for actual monetary loss from such a violation, or to receive up to $500 in damages for each such violation, whichever is greater; or
‘(C) both such actions.
‘(A) 5 years after the date on which the alleged violation occurred; or
‘(B) 3 years after the date on which the alleged violation was or should have been reasonably discovered by the aggrieved individual.
‘(1) IN GENERAL- Any person who the Attorney General determines has violated this section shall be subject, in addition to any other penalties that may be prescribed by law--
‘(A) to a civil penalty of not more than $5,000 for each such violation; and
‘(B) to a civil penalty of not more than $50,000, if the violations have occurred with such frequency as to constitute a general business practice.
(1) in paragraph (8), by inserting ‘or’ after the semicolon; and
(2) by inserting after paragraph (8) the following new paragraphs:
‘(9) except as provided in section 1028A(f) of title 18, United States Code, knowingly and willfully displays, sells, or purchases (as those terms are defined in section 1028A(a) of title 18, United States Code) any individual’s social security account number without having met the prerequisites for consent under section 1028A(e) of title 18, United States Code; or
‘(10) obtains any individual’s social security number for the purpose of locating or identifying the individual with the intent to injure or to harm that individual, or to use the identity of that individual for an illegal purpose;’.
SEC. 4. NO PROHIBITION WITH RESPECT TO PUBLIC RECORDS.
(a) PUBLIC RECORDS EXCEPTION- Chapter 47 of title 18, United States Code (as amended by section 3(a)(1)), is amended by inserting after section 1028A the following:
‘Sec. 1028B. No prohibition of the display, sale, or purchase of social security numbers included in public records
‘(a) IN GENERAL- Nothing in section 1028A shall prohibit or limit the display, sale, or purchase of any public record, which contains a social security number, that--
‘(1) is not identified in subsection (b);
‘(2) is identified in subsection (b), provided that the agency in possession of such public record complies with the requirements under subsection (c);
‘(3) is produced on or before the effective date of this section; or
‘(4) is intended to be purchased, sold, or displayed pursuant to--
‘(A) an exception under section 1028A(f); or
‘(B) the consent provisions under subsections (b), (c), and (e) of section 1028A.
‘(1) IN GENERAL- Each agency shall comply with the requirements under subsection (c) with respect to--
‘(A) death certificates;
‘(B) professional and occupational licenses;
‘(C) property settlement documents;
‘(D) documents relating to birth certificates;
‘(E) land ownership records;
‘(F) marriage permits and licenses;
‘(G) documents related to bankruptcy;
‘(H) court judgments;
‘(I) child support documents;
‘(J) divorce petitions and decrees; and
‘(K) tax liens.
‘(1) restrict access to the social security number contained on the public record to those persons who are entitled to such access in accordance with applicable law;
‘(2) require any individual who is not exempt under section 1028A(f) to provide the social security number of the person who is the subject of the public record before making such public record available; and
‘(3) redact the social security number from the document prior to providing a copy of the requested document to any individual who--
‘(A) is not exempt under section 1028A(f); and
‘(B) is unable to provide the social security number of the person who is the subject of the public record.’.
‘1028B. No prohibition of the display, sale, or purchase of social security numbers included in public records.’.
(1) IN GENERAL- The Attorney General shall conduct a study and prepare a report on the feasibility, advisability, and cost of imposing limitations or prohibitions on the use of social security numbers in public records. The report shall include a detailed description of the activities and results of the study and such recommendations for legislative action as the Attorney General considers appropriate.
(2) ISSUES TO BE STUDIED- The study conducted under paragraph (1) shall include--
(A) a review of the uses of social security numbers in all types of public records;
(B) a review of the manner in which all types of public records are stored (both electronically and on paper);
(C) an analysis of the impact and costs of redacting social security numbers on all types of public records, including each of the types listed in section 1028B(b)(1) of title 18, United States Code (as added by this Act);
(D) a survey of the technologies available to facilitate cost-efficient redaction of all types of public records prior to the public display or availability of such documents; and
(E) an analysis of the extent to which the public’s access to public records containing social security numbers facilitates identity fraud.
SEC. 5. RULEMAKING AUTHORITY OF THE ATTORNEY GENERAL.
(a) IN GENERAL- Except as provided in subsection (b), the Attorney General may prescribe such rules and regulations as the Attorney General deems necessary to carry out the provisions of section 3.
(b) BUSINESS-TO-BUSINESS AND BUSINESS-TO-GOVERNMENT COMMERCIAL DISPLAY, SALE, OR PURCHASE RULEMAKING-
(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Commissioner of Social Security, the Federal Trade Commission, and such other Federal agencies as the Attorney General determines appropriate, may conduct such rulemaking procedures in accordance with subchapter II of chapter 5 of title 5, United States Code, as are necessary to promulgate regulations to implement and clarify the business-to-business and business-to-government provisions pertaining to section 1028A(f)(5) of title 18, United States Code (as added by this Act). The Attorney General shall ensure that these provisions are consistent with the authorities of government entities and legitimate businesses as set forth in section 1028A(f)(5) of title 18, United States Code (as added by this Act), and shall ensure that, where possible, these provisions are consistent with other privacy laws, including title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.).
(2) FACTORS TO BE CONSIDERED- In promulgating the regulations required under paragraph (1), the Attorney General shall, at a minimum, consider the following factors:
(A) The benefit to a particular business practice and to the general public of the sale or purchase of an individual’s social security number.
(B) The financial and other costs that businesses of 50 or fewer employees may incur to comply with the Act’s prohibitions on the display, sale, and purchase of social security numbers.
(C) The risk that a particular business practice will promote the use of the social security number to commit fraud, deception, or crime.
(D) The presence of adequate safeguards to prevent the misappropriation of social security numbers by the general public, while permitting internal business uses of such numbers.
(E) The implementation of procedures to prevent identity thieves, stalkers, and others with ill intent from posing as legitimate businesses to obtain social security numbers.
SEC. 6. TREATMENT OF SOCIAL SECURITY NUMBERS ON GOVERNMENT DOCUMENTS.
(a) PROHIBITION OF USE OF SOCIAL SECURITY ACCOUNT NUMBERS ON CHECKS ISSUED FOR PAYMENT BY GOVERNMENTAL AGENCIES-
(1) IN GENERAL- Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) is amended by adding at the end the following new clause:
‘(x) No Federal, State, or local agency may display the social security account number of any individual, or any derivative of such number, on any check issued for any payment by the Federal, State, or local agency.’.
(2) EFFECTIVE DATE- The amendment made by this subsection shall apply with respect to violations of section 205(c)(2)(C)(x) of the Social Security Act (42 U.S.C. 405(c)(2)(C)(x)), as added by paragraph (1), occurring after the date that is 3 years after the date of enactment of this Act.
(b) PROHIBITION OF APPEARANCE OF SOCIAL SECURITY ACCOUNT NUMBERS ON DRIVER’S LICENSES OR MOTOR VEHICLE REGISTRATION-
(1) IN GENERAL- Section 205(c)(2)(C)(vi) of the Social Security Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended--
(A) by inserting ‘(I)’ after ‘(vi)’; and
(B) by adding at the end the following new subclause:
‘(II)(aa) An agency of a State (or political subdivision thereof), in the administration of any driver’s license or motor vehicle registration law within its jurisdiction, may not display the social security account numbers issued by the Commissioner of Social Security, or any derivative of such numbers, on the face of any driver’s license or motor vehicle registration or any other document issued by such
State (or political subdivision thereof) to an individual for purposes of identification of such individual.
‘(bb) Nothing in this subclause shall be construed as precluding an agency of a State (or political subdivision thereof), in the administration of any driver’s license or motor vehicle registration law within its jurisdiction, from using a social security account number for an internal use or to link with the database of an agency of another State that is responsible for the administration of any driver’s license or motor vehicle registration law.’.
(2) EFFECTIVE DATE- The amendment made by this subsection shall apply with respect to licenses, registrations, and other documents issued or reissued after the date that is 1 year after the date of enactment of this Act.
(1) IN GENERAL- Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by subsection (b)) is amended by adding at the end the following new clause:
(2) EFFECTIVE DATE- The amendment made by this subsection shall apply with respect to employment of prisoners, or entry into contract with prisoners, after the date that is 1 year after the date of enactment of this Act.
SEC. 7. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL SECURITY NUMBER FOR CONSUMER TRANSACTIONS.
(a) IN GENERAL- Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following new section:
‘SEC. 1150A. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL SECURITY NUMBER FOR CONSUMER TRANSACTIONS.
‘(a) IN GENERAL- A commercial entity may not require an individual to provide the individual’s social security number when purchasing a commercial good or service or deny an individual the good or service for refusing to provide that number except--
‘(1) for any purpose relating to--
‘(A) obtaining a consumer report for any purpose permitted under the Fair Credit Reporting Act;
‘(B) a background check of the individual conducted by a landlord, lessor, employer, voluntary service agency, or other entity as determined by the Attorney General;
‘(C) law enforcement; or
‘(D) a Federal, State, or local law requirement; or
‘(1) requiring an individual to provide 2 forms of identification that do not contain the social security number of the individual; or
‘(2) denying an individual a good or service for refusing to provide 2 forms of identification that do not contain such number.
SEC. 8. EXTENSION OF CIVIL MONETARY PENALTIES FOR MISUSE OF A SOCIAL SECURITY NUMBER.
(a) TREATMENT OF WITHHOLDING OF MATERIAL FACTS-
(1) CIVIL PENALTIES- The first sentence of section 1129(a)(1) of the Social Security Act (42 U.S.C. 1320a-8(a)(1)) is amended--
(A) by striking ‘who’ and inserting ‘who--’;
(B) by striking ‘makes’ and all that follows through ‘shall be subject to’ and inserting the following:
‘(A) makes, or causes to be made, a statement or representation of a material fact, for use in determining any initial or continuing right to or the amount of monthly insurance benefits under title II or benefits or payments under title VIII or XVI, that the person knows or should know is false or misleading;
‘(B) makes such a statement or representation for such use with knowing disregard for the truth; or
‘(C) omits from a statement or representation for such use, or otherwise withholds disclosure of, a fact which the individual knows or should know is material to the determination of any initial or continuing right to or the amount of monthly insurance benefits under title II or benefits or payments under title VIII or XVI and the individual knows, or should know, that the statement or representation with such omission is false or misleading or that the withholding of such disclosure is misleading,
shall be subject to’;
(C) by inserting ‘or each receipt of such benefits while withholding disclosure of such fact’ after ‘each such statement or representation’;
(D) by inserting ‘or because of such withholding of disclosure of a material fact’ after ‘because of such statement or representation’; and
(E) by inserting ‘or such a withholding of disclosure’ after ‘such a statement or representation’.
(2) ADMINISTRATIVE PROCEDURE FOR IMPOSING PENALTIES- The first sentence of section 1129A(a) of the Social Security Act (42 U.S.C. 1320a-8a(a)) is amended--
(A) by striking ‘who’ and inserting ‘who--’; and
(B) by striking ‘makes’ and all that follows through ‘shall be subject to’ and inserting the following new paragraphs:
‘(1) makes, or causes to be made, a statement or representation of a material fact, for use in determining any initial or continuing right to or the amount of monthly insurance benefits under title II or benefits or payments under title VIII or XVI, that the person knows or should know is false or misleading;
‘(2) makes such a statement or representation for such use with knowing disregard for the truth; or
‘(3) omits from a statement or representation for such use, or otherwise withholds disclosure of, a fact which the individual knows or should know is material to the determination of any initial or continuing right to or the amount of monthly insurance benefits under title II or benefits or payments under title VIII or XVI and the individual knows, or should know, that the statement or representation with such omission is false or misleading or that the withholding of such disclosure is misleading,
shall be subject to’.
(b) APPLICATION OF CIVIL MONEY PENALTIES TO ELEMENTS OF CRIMINAL VIOLATIONS- Section 1129(a) of the Social Security Act (42 U.S.C. 1320a-8(a)), as amended by subsection (a)(1), is amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) by redesignating the last sentence of paragraph (1) as paragraph (2) and inserting such paragraph after paragraph (1); and
(3) by inserting after paragraph (2) (as so redesignated) the following new paragraph:
‘(A) uses a social security account number that such person knows or should know has been assigned by the Commissioner of Social Security (in an exercise of authority under section 205(c)(2) to establish and maintain records) on the basis of false information furnished to the Commissioner by any person;
‘(B) falsely represents a number to be the social security account number assigned by the Commissioner of Social Security to any individual, when such person knows or should know that such number is not the social security account number assigned by the Commissioner to such individual;
‘(C) knowingly alters a social security card issued by the Commissioner of Social Security, or possesses such a card with intent to alter it;
‘(D) knowingly displays, sells, or purchases a card that is, or purports to be, a card issued by the Commissioner of Social Security, or possesses such a card with intent to display, purchase, or sell it;
‘(E) counterfeits a social security card, or possesses a counterfeit social security card with intent to display, sell, or purchase it;
‘(F) discloses, uses, compels the disclosure of, or knowingly displays, sells, or purchases the social security account number of any person in violation of the laws of the United States;
‘(G) with intent to deceive the Commissioner of Social Security as to such person’s true identity (or the true identity of any other person) furnishes or causes to be furnished false information to the Commissioner with respect to any information required by the Commissioner in connection with the establishment and maintenance of the records provided for in section 205(c)(2);
‘(H) offers, for a fee, to acquire for any individual, or to assist in acquiring for any individual, an additional social security account number or a number which purports to be a social security account number; or
‘(I) being an officer or employee of a Federal, State, or local agency in possession of any individual’s social security account number, willfully acts or fails to act so as to cause a violation by such agency of clause (vi)(II) or (x) of section 205(c)(2)(C),
shall be subject to, in addition to any other penalties that may be prescribed by law, a civil money penalty of not more than $5,000 for each violation. Such person shall also be subject to an assessment, in lieu of damages sustained by the United States resulting from such violation, of not more than twice the amount of any benefits or payments paid as a result of such violation.’.
(c) CLARIFICATION OF TREATMENT OF RECOVERED AMOUNTS- Section 1129(e)(2)(B) of the Social Security Act (42 U.S.C. 1320a-8(e)(2)(B)) is amended by striking
‘In the case of amounts recovered arising out of a determination relating to title VIII or XVI,’ and inserting ‘In the case of any other amounts recovered under this section,’.
(d) CONFORMING AMENDMENTS-
(1) Section 1129(b)(3)(A) of the Social Security Act (42 U.S.C. 1320a-8(b)(3)(A)) is amended by striking ‘charging fraud or false statements’.
(2) Section 1129(c)(1) of the Social Security Act (42 U.S.C. 1320a-8(c)(1)) is amended by striking ‘and representations’ and inserting ‘, representations, or actions’.
(3) Section 1129(e)(1)(A) of the Social Security Act (42 U.S.C. 1320a-8(e)(1)(A)) is amended by striking ‘statement or representation referred to in subsection (a) was made’ and inserting ‘violation occurred’.
(e) EFFECTIVE DATES-
(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall apply with respect to violations of sections 1129 and 1129A of the Social Security Act (42 U.S.C. 1320-8 and 1320a-8a), as amended by this section, committed after the date of enactment of this Act.
(2) VIOLATIONS BY GOVERNMENT AGENTS IN POSSESSION OF SOCIAL SECURITY NUMBERS- Section 1129(a)(3)(I) of the Social Security Act (42 U.S.C. 1320a-8(a)(3)(I)), as added by subsection (b), shall apply with respect to violations of that section occurring on or after the effective date under section 3(c).
SEC. 9. TRUNCATION OF CREDIT CARD ACCOUNT NUMBERS.
(a) IN GENERAL- Except as provided in this section, no person, firm, partnership, association, corporation, or limited liability company that accepts credit cards for the transaction of business shall print more than the last 5 digits of the credit card account number or the expiration date upon any receipt provided to the cardholder.
(b) LIMITATION- This section--
(1) applies only to receipts that are electronically printed; and
(2) does not apply to transactions in which the sole means of recording the person’s credit card account number is by handwriting or by an imprint or copy of the credit card.
(c) EFFECTIVE DATE- This section shall become effective--
(1) 4 years from the date of enactment of this Act, with respect to any cash register or other machine or device that electronically prints receipts for credit card transactions that is in use prior to the date of enactment of this Act; and
(2) 18 months from the date of enactment of this Act, with respect to any cash register or other machine or device that electronically prints receipts for credit card transactions that is first put into use on or after the date of enactment of this Act.
(d) EFFECT ON STATE LAW- Nothing in this section prevents a State from imposing requirements that are the same or substantially similar to the requirements of this section at any time before the effective date of this section.
