HR 220
112th CONGRESS
1st Session
H. R. 220
To amend title II of the Social Security Act and the Internal Revenue
Code of 1986 to protect the integrity and confidentiality of Social Security
account numbers issued under such title, to prohibit the establishment in
the Federal Government of any uniform national identifying number, and to
prohibit Federal agencies from imposing standards for identification of individuals
on other agencies or persons.
IN THE HOUSE OF REPRESENTATIVES
January 7, 2011
Mr. PAUL introduced the following bill; which was referred to the Committee
on Ways and Means, and in addition to the Committee on Oversight and Government
Reform, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To amend title II of the Social Security Act and the Internal Revenue
Code of 1986 to protect the integrity and confidentiality of Social Security
account numbers issued under such title, to prohibit the establishment in
the Federal Government of any uniform national identifying number, and to
prohibit Federal agencies from imposing standards for identification of individuals
on other agencies or persons.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Identity Theft Prevention Act of 2011'.
SEC. 2. RESTRICTIONS ON THE USE OF THE SOCIAL SECURITY ACCOUNT NUMBER.
(a) Repeal of Provisions Authorizing Certain Usages of the Social Security
Account Number- Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2))
is amended--
(1) in subparagraph (C), by striking `(C)(i) It is the policy' and all that
follows through clause (vi);
(2) by striking subparagraphs (C)(ix), (E), and (H); and
(3) by redesignating subparagraphs (F) and (G) as subparagraphs (E) and
(F), respectively.
(b) New Rules Applicable to Social Security Account Numbers- Section 205(c)(2)
of such Act is amended further--
(1) by inserting after subparagraph (B) the following:
`(C)(i) All social security account numbers issued under this subsection shall
be randomly generated.
`(ii) Except as otherwise provided in this paragraph--
`(I) the social security account number issued under this subsection to
any individual shall be the exclusive property of such individual, and
`(II) the Social Security Administration shall not divulge the social security
account number issued to any individual under this subsection to any agency
or instrumentality of the Federal Government, to any State, political subdivision
of a State, or agency or instrumentality of a State or political subdivision
thereof, or to any other individual.
`(iii) Clause (ii) shall not apply with respect to the use of the social security
account number as an identifying number to the extent provided in section
6109(d) of the Internal Revenue Code of 1986 (relating to use of the social
security account number for social security and related purposes).'; and
(2) by redesignating clauses (vii) and (viii) of subparagraph (C) as clauses
(iv) and (v), respectively.
(c) Use of Social Security Account Numbers Under Internal Revenue Code- Subsection
(d) of section 6109 of the Internal Revenue Code of 1986 is amended--
(1) in the heading, by inserting `for Social Security and Related Purposes'
after `Number'; and
(2) by striking `this title' and inserting `section 86, chapter 2, and subtitle
C of this title'.
(d) Effective Dates and Related Rules-
(1) EFFECTIVE DATES- Not later than 60 days after the date of the enactment
of this Act, the Commissioner of Social Security shall publish in the Federal
Register the date determined by the Commissioner, in consultation with the
Secretary of the Treasury, to be the earliest date thereafter by which implementation
of the amendments made by this section is practicable. The amendments made
by subsection (a) shall take effect on the earlier of such date or the date
which occurs 5 years after the date of the enactment of this Act. The amendments
made by subsection (b) shall apply with respect to social security account
numbers issued on or after such earlier date. The amendments made by subsection
(c) shall apply with respect to calendar quarters and taxable years beginning
on or after such earlier date.
(2) REISSUANCE OF NUMBERS- The Commissioner of Social Security shall ensure
that, not later than 5 years after the date of the enactment of this Act,
all individuals who have been issued social security account numbers under
section 205(c) of the Social Security Act as of the date prior to the earlier
date specified in paragraph (1) are issued new social security account numbers
in accordance with such section as amended by this section. Upon issuance
of such new social security account numbers, any social security account
numbers issued to such individuals prior to such earlier date specified
in paragraph (1) shall be null and void and subject to the requirements
of section 205(c)(2)(C)(ii)(II) of such Act, as amended by this section.
Nothing in this section or the amendments made thereby shall be construed
to preclude the Social Security Administration and the Secretary of the
Treasury from cross-referencing such social security account numbers newly
issued to individuals pursuant to this paragraph to the former social security
account numbers of such individuals for purposes of administering title
II or title XVI of such Act or administering the Internal Revenue Code of
1986 in connection with section 86, chapter 2, and subtitle C thereof.
SEC. 3. CONFORMING AMENDMENTS TO THE PRIVACY ACT OF 1974.
(a) In General- Section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note,
88 Stat. 1909) is amended--
(1) in subsection (a), by striking paragraph (2) and inserting the following:
`(2) The provisions of paragraph (1) of this subsection shall not apply with
respect to any disclosure which is required under regulations of the Commissioner
of Social Security pursuant to section 205(c)(2) of the Social Security Act
or under regulations of the Secretary of the Treasury pursuant to section
6109(d) of the Internal Revenue Code of 1986.'; and
(2) by striking subsection (b) and inserting the following:
`(b) Except with respect to disclosures described in subsection (a)(2), no
agency or instrumentality of the Federal Government, a State, a political
subdivision of a State, or any combination of the foregoing may request an
individual to disclose his social security account number, on either a mandatory
or voluntary basis.'.
(b) Effective Date- The amendments made by this section shall take effect
on the earlier date specified in section 2(d)(1).
SEC. 4. PROHIBITION OF GOVERNMENT-WIDE UNIFORM IDENTIFYING NUMBERS.
(a) In General- Except as authorized under section 205(c)(2) of the Social
Security Act, any two agencies or instrumentalities of the Federal Government
may not implement the same identifying number with respect to any individual.
(b) Identifying Numbers- For purposes of this section--
(1) the term `identifying number' with respect to an individual means any
combination of alpha-numeric symbols which serves to identify such individual,
and
(2) any identifying number and any one or more derivatives of such number
shall be treated as the same identifying number.
(c) Effective Date- The provisions of this section shall take effect January
1, 2012.
SEC. 5. PROHIBITION OF GOVERNMENT-ESTABLISHED IDENTIFIERS.
(a) In General- Subject to subsection (b), a Federal agency may not--
(1) establish or mandate a uniform standard for identification of an individual
that is required to be used by any other Federal agency, a State agency,
or a private person for any purpose other than the purpose of conducting
the authorized activities of the Federal agency establishing or mandating
the standard; or
(2) condition receipt of any Federal grant or contract or other Federal
funding on the adoption, by a State, a State agency, or a political subdivision
of a State, of a uniform standard for identification of an individual.
(b) Transactions Between Private Persons- Notwithstanding subsection (a),
a Federal agency may not establish or mandate a uniform standard for identification
of an individual that is required to be used within the agency, or by any
other Federal agency, a State agency, or a private person, for the purpose
of--
(1) investigating, monitoring, overseeing, or otherwise regulating a transaction
to which the Federal Government is not a party; or
(2) administrative simplification.
(c) Conformity of Other Laws- Any provision of Federal law enacted on or before
the date of the enactment of this Act is superseded by this section to the
extent that such provision is inconsistent with subsection (a) or (b), including
sections 1173(b) and 1177(a)(1) of the Social Security Act (42 U.S.C. 1320d-2(b);
42 U.S.C. 1320d-6(a)(1)) and subtitle B of title VII of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458), and, to the extent
that any provision of Federal law enacted after such date is inconsistent
with subsection (a) or (b), such provision shall be effective only if it specifically
cross-refers to such subsection.
(d) Definitions- For purposes of this section:
(1) AGENCY- The term `agency' means any of the following:
(A) An Executive agency (as defined in section 105 of title 5, United
States Code).
(B) A military department (as defined in section 102 of such title).
(C) An agency in the executive branch of a State government.
(D) An agency in the legislative branch of the Government of the United
States or a State government.
(E) An agency in the judicial branch of the Government of the United States
or a State government.
(2) STATE- The term `State' means any of the several States, the District
of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic
of the Marshall Islands, the Federated States of Micronesia, or the Republic
of Palau.
(e) Effective Date- The provisions of this section shall take effect January
1, 2012.
END
