S 1199
112th
CONGRESS
1st Session
S. 1199To
amend title 18, United States Code, to limit the misuse of Social Security numbers,
to establish criminal penalties for such misuse, and for other purposes.
IN
THE SENATE OF THE UNITED STATESJune 15, 2011
Mrs.
FEINSTEIN (for herself, Ms. SNOWE, and Mr. LEAHY) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
A
BILLTo amend title 18, United States Code, to limit the
misuse of Social Security numbers, to establish criminal penalties for such misuse,
and for other purposes.
Be it enacted by the Senate
and House of Representatives of the United States of America in Congress assembled,
SECTION
1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may
be cited as the `Protecting the Privacy of Social Security Numbers Act'.
(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. Application of prohibition of the display, sale, or purchase of Social Security
numbers to public records.
Sec. 5. Rulemaking authority
of the Attorney General.
Sec. 6. Limits on personal disclosure
of a Social Security number for consumer transactions.
Sec.
7. Extension of civil monetary penalties for misuse of a Social Security number.
Sec.
8. Criminal penalties for the misuse of a Social Security number.
Sec.
9. Civil actions and civil penalties.
Sec. 10. Federal
injunctive authority.
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 one of the 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 Social Security numbers.
(4) The display, sale, or purchase of Social Security 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 provides each individual that has been assigned a Social
Security number some degree of 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 1028A the following:
`Sec.
1028B. 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.
`(b) Limitation on Display- Except as provided in section 1028C, 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) 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 the scope
of transactions permitted by the consent; and
`(2) obtain
the affirmatively expressed consent (electronically or in writing) of the individual.
`(e) Exceptions- Nothing in this section shall be construed to prohibit or limit
the display, sale, or purchase of a Social Security number--
`(1) required, authorized, or excepted under any Federal law;
`(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 and the enforcement of a child support
obligation;
`(5) if the display, sale, or purchase of
the number is for a use occurring as a result of an interaction between businesses,
governments, or business and government (regardless of which entity initiates
the interaction), 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, or volunteers;
`(C) the retrieval
of other information from other businesses, commercial enterprises, government
entities, or private nonprofit organizations; or
`(D) when 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;
`(6) if the transfer of such a number is part of a data matching program involving
a Federal, State, or local agency; or
`(7) 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;
except
that, nothing in this subsection shall be construed as permitting a professional
or commercial user to display or sell a Social Security number to the general
public.
`(f) Limitation- Nothing in this section shall prohibit
or limit the display, sale, or purchase of Social Security numbers as permitted
under title V of the Gramm-Leach-Bliley Act, or for the purpose of affiliate sharing
as permitted under the Fair Credit Reporting Act, except that no entity regulated
under such Acts may make Social Security numbers available to the general public,
as may be determined by the appropriate regulators under such Acts. For purposes
of this subsection, the general public shall not include affiliates or unaffiliated
third-party business entities as may be defined by the appropriate regulators.'.
(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:
`1028B. Prohibition of the display, sale, or
purchase of Social Security numbers.'.
(1) IN GENERAL- The Attorney General shall conduct a study and prepare a report
on all of the uses of Social Security numbers permitted, required, authorized,
or excepted under any Federal law. The report shall include a detailed description
of the uses allowed as of the date of enactment of this Act, the impact of such
uses on privacy and data security, and shall evaluate whether such uses should
be continued or discontinued by appropriate legislative action.
(2) REPORT- Not later than 1 year after the date of enactment of this Act, the
Attorney General shall report to Congress findings under this subsection. The
report shall include such recommendations for legislation based on criteria the
Attorney General determines to be appropriate.
(c) Effective
Date- The amendments made by this section shall take effect on the date that is
30 days after the date on which the final regulations promulgated under section
5 are published in the Federal Register.
SEC. 4. APPLICATION OF
PROHIBITION OF THE DISPLAY, SALE, OR PURCHASE OF SOCIAL SECURITY NUMBERS TO PUBLIC
RECORDS.
(a) Public Records Exception-
(1)
IN GENERAL- Chapter 47 of title 18, United States Code (as amended by section
3(a)(1)), is amended by inserting after section 1028B the following:
`Sec.
1028C. Display, sale, or purchase of public records containing Social Security
numbers
`(a) Definition- In this section, the term `public record'
means any governmental record that is made available to the general public.
`(b) In General- Except as provided in subsections (c), (d), and (e), section
1028B shall not apply to a public record.
`(c) Public Records
on the Internet or in an Electronic Medium-
`(1) IN GENERAL-
Section 1028B shall apply to any public record first posted onto the Internet
or provided in an electronic medium by, or on behalf of a government entity after
the date of enactment of this section, except as limited by the Attorney General
in accordance with paragraph (2).
`(2) EXCEPTION FOR
GOVERNMENT ENTITIES ALREADY PLACING PUBLIC RECORDS ON THE INTERNET OR IN ELECTRONIC
FORM- Not later than 60 days after the date of enactment of this section, the
Attorney General shall issue regulations regarding the applicability of section
1028B to any record of a category of public records first posted onto the Internet
or provided in an electronic medium by, or on behalf of a government entity prior
to the date of enactment of this section. The regulations will determine which
individual records within categories of records of these government entities,
if any, may continue to be posted on the Internet or in electronic form after
the effective date of this section. In promulgating these regulations, the Attorney
General may include in the regulations a set of procedures for implementing the
regulations and shall consider the following:
`(A)
The cost and availability of technology available to a governmental entity to
redact Social Security numbers from public records first provided in electronic
form after the effective date of this section.
`(B) The cost or burden to the general public, businesses, commercial enterprises,
non-profit organizations, and to Federal, State, and local governments of complying
with section 1028B with respect to such records.
`(C) The benefit to the general public, businesses, commercial enterprises, non-profit
organizations, and to Federal, State, and local governments if the Attorney General
were to determine that section 1028B should apply to such records.
Nothing
in the regulation shall permit a public entity to post a category of public records
on the Internet or in electronic form after the effective date of this section
if such category had not been placed on the Internet or in electronic form prior
to such effective date.
`(d) Harvested Social Security Numbers-
Section 1028B shall apply to any public record of a government entity which contains
Social Security numbers extracted from other public records for the purpose of
displaying or selling such numbers to the general public.
`(e)
Attorney General Rulemaking on Paper Records-
`(1) IN GENERAL-
Not later than 60 days after the date of enactment of this section, the Attorney
General shall determine the feasibility and advisability of applying section 1028B
to the records listed in paragraph (2) when they appear on paper or on another
nonelectronic medium. If the Attorney General deems it appropriate, the Attorney
General may issue regulations applying section 1028B to such records.
`(2) LIST OF PAPER AND OTHER NONELECTRONIC RECORDS- The records listed in this
paragraph are as follows:
`(A) Professional or occupational
licenses.
`(E) Other short public documents that display a Social Security number in a routine
and consistent manner on the face of the document.
`(3) CRITERIA FOR ATTORNEY GENERAL REVIEW- In determining whether section 1028B
should apply to the records listed in paragraph (2), the Attorney General shall
consider the following:
`(A) The cost or burden to
the general public, businesses, commercial enterprises, non-profit organizations,
and to Federal, State, and local governments of complying with section 1028B.
`(B) The benefit to the general public, businesses, commercial enterprises, non-profit
organizations, and to Federal, State, and local governments if the Attorney General
were to determine that section 1028B should apply to such records.'.
(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 1028B the following:
`1028C.
Display, sale, or purchase of public records containing Social Security numbers.'.
(b) Study and Report on Social Security Numbers in Public Records-
(1) STUDY- The Comptroller General of the United States shall conduct a study
and prepare a report on Social Security numbers in public records. In developing
the report, the Comptroller General shall consult with the Administrative Office
of the United States Courts, State and local governments that store, maintain,
or disseminate public records, and other stakeholders, including members of the
private sector who routinely use public records that contain Social Security numbers.
(2) REPORT- Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a report on
the study conducted under paragraph (1). The report shall include a detailed description
of the activities and results of the study and recommendations for such legislative
action as the Comptroller General considers appropriate. The report, at a minimum,
shall include--
(A) a review of the uses of Social
Security numbers in non-Federal public records;
(B) a review of the manner in which public records are stored (with separate reviews
for both paper records and electronic records);
(C) a review of the advantages or utility of public records that contain Social
Security numbers, including the utility for law enforcement, and for the promotion
of homeland security;
(D) a review of the disadvantages
or drawbacks of public records that contain Social Security numbers, including
criminal activity, compromised personal privacy, or threats to homeland security;
(E) the costs and benefits for State and local governments of removing Social
Security numbers from public records, including a review of current technologies
and procedures for removing Social Security numbers from public records; and
(F) an assessment of the benefits and costs to businesses, their customers, and
the general public of prohibiting the display of Social Security numbers on public
records (with separate assessments for both paper records and electronic records).
(c) Effective Date- The prohibition with respect to electronic versions of new
classes of public records under section 1028C(b) of title 18, United States Code
(as added by subsection (a)(1)) shall not take effect until the date that is 60
days after the date of enactment of this Act.
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
1028B(e)(5) of title 18, United States Code (as added by section 3(a)(1)).
(b) Display, Sale, or Purchase Rulemaking With Respect to Interactions Between
Businesses, Governments, or Business and Government-
(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 Chairman
of the Federal Trade Commission, and such other heads of Federal agencies as the
Attorney General determines appropriate, shall 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 uses occurring
as a result of an interaction between businesses, governments, or business and
government (regardless of which entity initiates the interaction) permitted under
section 1028B(e)(5) of title 18, United States Code (as added by section 3(a)(1)).
(2) FACTORS TO BE CONSIDERED- In promulgating the regulations required under paragraph
(1), the Attorney General shall, at a minimum, consider the following:
(A) The benefit to a particular business, to customers of the business, and to
the general public of the display, sale, or purchase of an individual's Social
Security number.
(B) The costs that businesses,
customers of businesses, and the general public may incur as a result of prohibitions
on the display, sale, or purchase of Social Security numbers.
(C) The risk that a particular business practice will promote the use of a Social
Security number to commit fraud, deception, or crime.
(D) The presence of adequate safeguards, procedures, and technologies to prevent--
(i) misuse of Social Security numbers by employees within a business; and
(ii) misappropriation of Social Security numbers by the general public, while
permitting internal business uses of such numbers.
(E) The presence of procedures to prevent identity thieves, stalkers, and other
individuals with ill intent from posing as legitimate businesses to obtain Social
Security numbers.
(F) The impact of such uses
on privacy.
SEC. 6. 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:
`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;
`(D) a Federal, State,
or local law requirement; or
`(2) if the Social
Security number is necessary to verify the identity of the consumer to effect,
administer, or enforce the specific transaction requested or authorized by the
consumer, or to prevent fraud.
`(b) Application of Civil
Money Penalties- A violation of this section shall be deemed to be a violation
of section 1129(a)(3)(F).
`(c) Application of Criminal Penalties-
A violation of this section shall be deemed to be a violation of section 208(a)(8).
`(d) Limitation on Class Actions- No class action alleging a violation of this
section shall be maintained under this section by an individual or any private
party in Federal or State court.
`(e) State Attorney General Enforcement-
`(A) CIVIL ACTIONS- In any case
in which the attorney general of a State has reason to believe that an interest
of the residents of that State has been or is threatened or adversely affected
by the engagement of any person in a practice that is prohibited under this section,
the State, as parens patriae, may bring a civil action on behalf of the residents
of the State in a district court of the United States of appropriate jurisdiction
to--
`(i) enjoin that practice;
`(ii) enforce compliance with such section;
`(iii) obtain damages, restitution, or other compensation on behalf of residents
of the State; or
`(iv) obtain such
other relief as the court may consider appropriate.
`(i) IN GENERAL- Before filing
an action under subparagraph (A), the attorney general of the State involved shall
provide to the Attorney General--
`(I) written notice of the action; and
`(II) a copy of the complaint for the action.
`(I) IN GENERAL-
Clause (i) shall not apply with respect to the filing of an action by an attorney
general of a State under this subsection, if the State attorney general determines
that it is not feasible to provide the notice described in such subparagraph before
the filing of the action.
`(II) NOTIFICATION- With respect to an action described in subclause (I), the
attorney general of a State shall provide notice and a copy of the complaint to
the Attorney General at the same time as the State attorney general files the
action.
`(A) IN GENERAL- On receiving notice under paragraph (1)(B), the Attorney General
shall have the right to intervene in the action that is the subject of the notice.
`(B) EFFECT OF INTERVENTION- If the Attorney General intervenes in the action
under paragraph (1), the Attorney General shall have the right to be heard with
respect to any matter that arises in that action.
`(3) CONSTRUCTION- For purposes of bringing any civil action under paragraph (1),
nothing in this section shall be construed to prevent an attorney general of a
State from exercising the powers conferred on such attorney general by the laws
of that State to--
`(A) conduct investigations;
`(B) administer oaths or affirmations; or
`(C)
compel the attendance of witnesses or the production of documentary and other
evidence.
`(4) ACTIONS BY THE ATTORNEY GENERAL OF
THE UNITED STATES- In any case in which an action is instituted by or on behalf
of the Attorney General for violation of a practice that is prohibited under this
section, no State may, during the pendency of that action, institute an action
under paragraph (1) against any defendant named in the complaint in that action
for violation of that practice.
`(5) VENUE; SERVICE OF
PROCESS-
`(A) VENUE- Any action brought under paragraph
(1) may be brought in the district court of the United States that meets applicable
requirements relating to venue under section 1391 of title 28, United States Code.
`(B) SERVICE OF PROCESS- In an action brought under paragraph (1), process may
be served in any district in which the defendant--
`(i) is an inhabitant; or
`(f) Sunset- This section shall not apply
on or after the date that is 6 years after the effective date of this section.'.
(b) Evaluation and Report- Not later than the date that is 6 years and 6 months
after the date of enactment of this Act, the Attorney General, in consultation
with the chairman of the Federal Trade Commission, shall issue a report evaluating
the effectiveness and efficiency of section 1150A of the Social Security Act (as
added by subsection (a)) and shall make recommendations to Congress as to any
legislative action determined to be necessary or advisable with respect to such
section, including a recommendation regarding whether to reauthorize such section.
(c) Effective Date- The amendment made by subsection (a) shall apply to requests
to provide a Social Security number occurring after the date that is 1 year after
the date of enactment of this Act.
SEC. 7. 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:
`(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:
`(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 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'.
(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 described
in section 3(c).
(f) Repeal- Section 201 of the Social Security
Protection Act of 2004 is repealed.
SEC. 8. CRIMINAL PENALTIES
FOR THE MISUSE OF A SOCIAL SECURITY NUMBER.
(a) 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.
(b) Criminal Sanctions- Section 208(a) of
the Social Security Act (42 U.S.C. 408(a)) is amended--
(1)
in paragraph (8), by inserting `or' after the semicolon; and
(2) by inserting after paragraph (8) the following:
`(9)
except as provided in subsections (e) and (f) of section 1028B of title 18, United
States Code, knowingly and willfully displays, sells, or purchases (as those terms
are defined in section 1028B(a) of title 18, United States Code) any individual's
Social Security account number without having met the prerequisites for consent
under section 1028B(d) 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.
9. CIVIL ACTIONS AND CIVIL PENALTIES.
(a) Civil Action in State
Courts-
(1) IN GENERAL- Any individual aggrieved by an act
of any person in violation of this Act or any amendments made by this Act 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
It shall be an affirmative
defense in any action brought under this paragraph that the defendant has established
and implemented, with due care, reasonable practices and procedures to effectively
prevent violations of the regulations prescribed under this Act. If the court
finds that the defendant willfully or knowingly violated the regulations prescribed
under this subsection, the court may, in its discretion, increase the amount of
the award to an amount equal to not more than 3 times the amount available under
subparagraph (B).
(2) STATUTE OF LIMITATIONS- An action
may be commenced under this subsection not later than the earlier of--
(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.
(3) NONEXCLUSIVE REMEDY- The remedy provided under this subsection shall be in
addition to any other remedies available to the individual.
(1) IN GENERAL- Any person who the Attorney
General determines has violated any section of this Act or of any amendments made
by this Act 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 action 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.
SEC. 10. FEDERAL INJUNCTIVE AUTHORITY.
In addition to any other enforcement authority conferred under this Act or the
amendments made by this Act, the Federal Government shall have injunctive authority
with respect to any violation by a public entity of any provision of this Act
or of any amendments made by this Act.
END
