108th CONGRESS
1st Session
H. R. 2971
To amend the Social Security Act to enhance Social Security account
number privacy protections, to prevent fraudulent misuse of the Social Security
account number, and to otherwise enhance protection against identity theft,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
July 25, 2003
Mr. SHAW (for himself, Mr. MATSUI, Mr. KLECZKA, Mr. BRADY of Texas, Mr. BECERRA,
Mr. ENGLISH, Mr. FOLEY, Mr. HAYWORTH, Mr. HOUGHTON, Mr. JEFFERSON, Mr. SAM
JOHNSON of Texas, Mr. LEVIN, Mr. LEWIS of Kentucky, Mr. LEWIS of Georgia,
Mr. NEAL of Massachusetts, Mr. RANGEL, Mr. SANDLIN, Mrs. JONES of Ohio, Ms.
BALDWIN, Mr. BEREUTER, Mrs. CAPPS, Mr. COSTELLO, Mr. DUNCAN, Mr. FILNER, Mr.
FROST, Ms. HART, Mr. HINCHEY, Mr. REYNOLDS, Ms. ROS-LEHTINEN, Mr. SAXTON,
and Mr. WOLF) introduced the following bill; which was referred to the Committee
on Ways and Means, and in addition to the Committees on Financial Services
and Energy and Commerce, 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 the Social Security Act to enhance Social Security account
number privacy protections, to prevent fraudulent misuse of the Social Security
account number, and to otherwise enhance protection against identity theft,
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 AND TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Social Security Number Privacy
and Identity Theft Prevention Act of 2003'.
(b) TABLE OF CONTENTS- The table of contents is as follows:
Sec. 1. Short title and table of contents.
TITLE I--PROVISIONS RELATING TO THE SOCIAL SECURITY ACCOUNT NUMBER IN THE
PUBLIC AND PRIVATE SECTORS
Sec. 101. Restrictions on the sale or display to the general public of social
security account numbers by governmental agencies.
Sec. 102. Regulatory authority of the Attorney General of the United States.
Sec. 103. Prohibition of display of social security account numbers on checks
issued for payment by governmental agencies.
Sec. 104. Prohibition of the display of social security account numbers
on driver's licenses or motor vehicle registrations.
Sec. 105. Prohibition of the display of personal identification numbers
on employee identification cards or tags.
Sec. 106. Prohibition of inmate access to social security account numbers.
Sec. 107. Prohibition of the sale, purchase, or display to the general public
of the social security account number in the private sector.
Sec. 108. Confidential treatment of credit header information.
Sec. 109. Refusal to do business without receipt of social security account
number considered unfair or deceptive act or practice.
TITLE II--MEASURES TO ENSURE THE INTEGRITY OF APPLICATIONS FOR SOCIAL SECURITY
ACCOUNT NUMBERS AND REPLACEMENT SOCIAL SECURITY CARDS
Sec. 201. Independent verification of birth records provided in support
of applications for social security account numbers and replacement social
security cards.
Sec. 202. Enumeration at birth.
Sec. 203. Study relating to use of photographic identification in connection
with applications for benefits, social security account numbers, and social
security cards.
Sec. 204. Restrictions on issuance of multiple replacement social security
cards.
Sec. 205. Study relating to modification of the social security account
numbering system to show work authorization status.
TITLE III--ENFORCEMENT
Sec. 301. New criminal penalties for misuse of social security account numbers.
Sec. 302. Extension of civil monetary penalty authority.
Sec. 303. Criminal penalties for employees of the Social Security Administration
who knowingly and fraudulently issue social security cards or social security
account numbers.
Sec. 304. Enhanced penalties in cases of terrorism, drug trafficking, crimes
of violence, or prior offenses.
TITLE I--PROVISIONS RELATING TO THE SOCIAL SECURITY ACCOUNT NUMBER IN THE
PUBLIC AND PRIVATE SECTORS
SEC. 101. RESTRICTIONS ON THE SALE OR DISPLAY TO THE GENERAL PUBLIC OF SOCIAL
SECURITY ACCOUNT NUMBERS BY GOVERNMENTAL AGENCIES.
(a) 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)(I) An executive, legislative, or judicial agency or instrumentality of
the Federal Government or of a State or a political subdivision thereof or
trustee appointed in a case under title 11, United States Code (or person
acting as an agent of such an agency or instrumentality or trustee) in possession
of any individual's social security account number may not sell or display
to the general public such number. Notwithstanding the preceding sentence,
such number may be sold or displayed to the general public in accordance with
the exceptions specified in subclauses (II), (III), (IV), (V), and (VI) (and
for no other purpose).
`(II) Notwithstanding subclause (I), a social security account number may
be sold by an agency, instrumentality, trustee, or agent referred to in subclause
(I) to the extent that such sale is specifically authorized by this Act.
`(III) Notwithstanding subclause (I), a social security account number may
be sold or displayed to the general public by an agency, instrumentality,
trustee, or agent referred to in subclause (I) to the extent that is necessary
or appropriate for law enforcement or national security purposes, as determined
under regulations which shall be issued by the Attorney General of the United
States under subparagraph (I).
`(IV) Notwithstanding subclause (I), a social security account number may
be sold by a State department of motor vehicles as authorized under subsection
(b) of section 2721 of title 18, United States Code, if such number is to
be used pursuant to such sale solely for purposes permitted under paragraph
(1), (6), or (9) of such subsection.
`(V) Notwithstanding subclause (I), a social security account number may be
sold or otherwise made available by an agency, instrumentality, trustee, or
agent referred to in subclause (I) to a consumer reporting agency, as defined
in section 603(f) of the Fair Credit Reporting Act
(15 U.S.C. 1618a(f)), exclusively for use in accordance with such Act.
`(VI) Notwithstanding subclause (I), a social security account number may
be sold or displayed to the general public by an agency, instrumentality,
trustee, or agent referred to in subclause (I) under such other circumstances
as the Attorney General of the United States may determine appropriate in
regulations issued under subparagraph (I).
`(VII) This clause does not apply with respect to a social security account
number of a deceased individual.
`(VIII) For purposes of this clause, the term `sell' means, in connection
with a social security account number, to accept an item of material value
in exchange for such number.
`(IX) For purposes of this clause, the term `display to the general public'
shall have the meaning provided such term in section 208A(a)(3).
`(X) For purposes of this clause, the term `social security account number'
includes any derivative of such number.'.
(b) EFFECTIVE DATE- The amendment made by this section shall take effect 1
year after the date of the issuance by the Attorney General of the United
States of final regulations under section 205(c)(2)(I) of the Social Security
Act (added by section 102). Such amendment shall apply in the case of displays
to the general public, as defined in section 208A(a)(3) of such Act (added
by section 107), to such displays originally occurring after such 1-year period.
SEC. 102. REGULATORY AUTHORITY OF THE ATTORNEY GENERAL OF THE UNITED STATES.
(a) IN GENERAL- Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2))
is amended by adding at the end the following new subparagraph:
`(I)(i) Regulations issued by the Attorney General of the United States pursuant
to subclauses (III) and (VI) of subparagraph (C)(x) and paragraphs (1), (2),
and (7) of section 208A(c) shall be issued in accordance with section 553
of title 5, United States Code. In issuing such regulations, the Attorney
General shall consult with the Commissioner of Social Security, the Secretary
of Homeland Security, the Federal Trade Commission, State attorneys general,
and such other governmental agencies and instrumentalities as the Attorney
General of the United States considers appropriate.
`(ii) In issuing the regulations described in clause (i) pursuant to the provisions
of subparagraph (C)(x)(III) or paragraph (1) or (2) of section 208A(c) (relating
to law enforcement and national security), the Attorney General may authorize
the sale, purchase, or display to the general public of social security account
numbers only if the Attorney General determines that--
`(I) such sale, purchase, or display would serve a compelling public interest
that cannot reasonably be served through alternative measures, and
`(II) such sale, purchase, or display will not pose an undue risk of bodily,
emotional, or financial harm to an individual (taking into account any restrictions
and conditions that the Attorney General imposes on the sale, purchase,
or disclosure).
`(iii) If the Attorney General authorizes the sale, purchase, or display to
the general public of social security account numbers, in regulations issued
pursuant to subparagraph (C)(x)(VI) or section 208A(c)(7) (relating to matters
other than law enforcement or national security), the Attorney General shall
impose restrictions and conditions on the sale, purchase, or display to the
general public to the extent necessary--
`(I) to provide reasonable assurances that social security account numbers
will not be used to commit or facilitate fraud, deception, or crime, and
`(II) to prevent an undue risk of bodily, emotional, or financial harm to
an individual.
`(iv) For purposes of clause (iii), the Attorney General shall consider, among
other relevant factors--
`(I) the cost or burden to the general public, businesses, commercial enterprises,
non-profit organizations, and to Federal, State, and local governments of
complying with the restrictions and conditions imposed by the Attorney General;
`(II) the benefit to the general public, businesses, commercial enterprises,
non-profit associations, and to Federal, State, and local governments derived
from the imposition of such restrictions and conditions; and
`(III) in connection with subclause (II) of clause (iii), the nature, likelihood,
and severity of the anticipated harm described in such subclause that could
result from the sale, purchase, or display to the general public of social
security account numbers, together with the nature, likelihood, and extent
of any benefits that could be realized therefrom.
`(v) For purposes of this subparagraph, the terms `sell', `purchase', and
`display to the general public' shall have the meanings provided such terms
under section 208A(a).
`(vi) For purposes of this subparagraph, the term `social security account
number' includes any derivative of such number.'.
(b) REGULATIONS- The Attorney General of the United States shall promulgate
regulations required under this section not later than 1 year after the date
of the enactment of this Act.
SEC. 103. PROHIBITION OF DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS ON CHECKS
ISSUED FOR PAYMENT BY GOVERNMENTAL AGENCIES.
(a) IN GENERAL- Section 205(c)(2)(C) of the Social Security Act (42 U.S.C.
405(c)(2)(C)) (as amended by section 101) is amended further by adding at
the end the following new clause:
`(xi) No executive, legislative, or judicial agency or instrumentality of
the Federal Government or of a State or a political subdivision thereof or
trustee appointed in a case under title 11, United States Code (or person
acting as an agent of such an agency or instrumentality or trustee) may include
the social security account number of any individual on any check issued for
any payment by the Federal Government, any State or political subdivision
thereof, or any agency or instrumentality thereof, or such trustee or on any
document attached to or accompanying such a check.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply with respect
to checks (and documents attached to or accompanying such checks) issued after
1 year after the date of the enactment of this Act.
SEC. 104. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS
ON DRIVER'S LICENSES OR MOTOR VEHICLE REGISTRATIONS.
(a) IN GENERAL- Section 205(c)(2)(C)(vi) of the Social Security Act (42 U.S.C.
405(c)(2)(C)(vi)) is amended--
(1) by inserting `(I)' after `(vi)'; and
(2) by adding at the end the following new subclause:
`(II) A State or political subdivision thereof (and any person acting as an
agent of such an agency or instrumentality), 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 any driver's license
or motor vehicle registration or any other document issued by such State or
political subdivision to an individual for purposes of identification of such
individual.'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply with respect
to licenses, registrations, and other documents issued or reissued after 1
year after the date of the enactment of this Act.
SEC. 105. PROHIBITION OF THE DISPLAY OF PERSONAL IDENTIFICATION NUMBERS
ON EMPLOYEE IDENTIFICATION CARDS OR TAGS.
(a) IN GENERAL- Section 205(c)(2)(C) of the Social Security Act (42 U.S.C.
405(c)(2)(C)) (as amended by the preceding provisions of this title) is amended
further by adding at the end the following new clause:
`(xii) No employer (including any executive, legislative, or judicial agency
or instrumentality of the Federal Government or of a State or political subdivision
thereof), and no person offering benefits in connection with an employee benefit
plan maintained by such employer or acting as an agent of such employer, may
display the social security account number (or any derivative of such number)
on any card or tag that is commonly provided to employees of such employer
(or to their family members) for purposes of identification.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply with respect
to cards or tags issued after 1 year after the date of the enactment of this
Act.
SEC. 106. PROHIBITION OF INMATE ACCESS TO SOCIAL SECURITY ACCOUNT NUMBERS.
(a) IN GENERAL- Section 205(c)(2)(C) of the Social Security Act (42 U.S.C.
405(c)(2)(C)) (as amended by the preceding provisions of this title) is amended
further by adding at the end the following new clause:
`(xiv) No executive, legislative, or judicial agency or instrumentality of
the Federal Government or of a State or political subdivision thereof (or
person acting as an agent of such an agency or instrumentality) 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.'.
(1) IN GENERAL- Except as provided in paragraph (2), the amendment made
by this section shall apply with respect to employment of prisoners, or
entry into contract for the use or employment of prisoners, on or after
the date of the enactment of this Act.
(2) TREATMENT OF CURRENT ARRANGEMENTS- In the case of--
(A) prisoners employed as described in clause (xiv) of section 205(c)(2)(C)
of the Social Security Act (as added by this section) on the date of the
enactment of this Act, and
(B) contracts described in such clause in effect on such date,
the amendment made by this section shall take effect 90 days after the date
of the enactment of this Act.
SEC. 107. PROHIBITION OF THE SALE, PURCHASE, OR DISPLAY TO THE GENERAL PUBLIC
OF THE SOCIAL SECURITY ACCOUNT NUMBER IN THE PRIVATE SECTOR.
(a) IN GENERAL- Title II of the Social Security Act is amended by inserting
after section 208 (42 U.S.C. 408) the following new section:
`PROHIBITION OF THE SALE, PURCHASE, OR DISPLAY TO THE GENERAL PUBLIC OF
THE SOCIAL SECURITY ACCOUNT NUMBER IN THE PRIVATE SECTOR
`SEC. 208A. (a) DEFINITIONS- In this section:
`(A) IN GENERAL- Subject to subparagraph (B), the term `person' means
any individual, partnership, corporation, trust, estate, cooperative,
association, or any other entity.
`(B) GOVERNMENTAL ENTITIES- Such term does not include a governmental
entity. Nothing in this subparagraph shall be construed to authorize,
in connection with a governmental entity, an act or practice otherwise
prohibited under this section or section 205(c)(2)(C).
`(2) SELLING AND PURCHASING-
`(A) IN GENERAL- Subject to subparagraph (B)--
`(i) SELL- The term `sell' in connection with a social security account
number means to obtain, directly or indirectly, anything of value in
exchange for such number.
`(ii) PURCHASE- The term `purchase' in connection with a social security
account number means to provide, directly or indirectly, anything of
value in exchange for such number.
`(B) EXCEPTIONS- The terms `sell' and `purchase' in connection with a
social security account number do not include the submission of such number
as part of--
`(i) the process for applying for any type of Government benefits or
programs (such as grants or loans or welfare or other public assistance
programs), or
`(ii) the administration of, or provision of benefits under, an employee
benefit plan.
`(3) DISPLAY TO THE GENERAL PUBLIC- The term `display to the general public'
means, in connection with a social security account number, to intentionally
place such number in a viewable manner on an Internet site that is available
to the general public or to make such number available in any other manner
intended to provide access to such number by the general public.
`(4) SOCIAL SECURITY ACCOUNT NUMBER- The term `social security account number'
has the meaning given such term in section 208(c).
`(b) PROHIBITION- Except as provided in subsection (c), it shall be unlawful
for any person to--
`(1) sell or purchase a social security account number or display to the
general public a social security account number or any derivative thereof,
or
`(2) obtain or use any individual's social security account number for the
purpose of locating or identifying such individual with the intent to physically
injure or harm such individual or using the identity of such individual
for any illegal purpose.
`(1) IN GENERAL- Notwithstanding subsection (b), a social security account
number may be sold, purchased, or displayed to the general public by any
person to the extent provided in this subsection (and for no other purpose)
as follows:
`(A) to the extent necessary for law enforcement, including (but not limited
to) the enforcement of a child support obligation, as determined under
regulations of the Attorney General of the United States issued under
section 205(c)(2)(I);
`(B) to the extent necessary for national security purposes, as determined
under regulations of the Attorney General of the United States issued
under section 205(c)(2)(I);
`(C) to the extent necessary for public health purposes;
`(D) to the extent necessary in emergency situations to protect the health
or safety of 1 or more individuals;
`(E) to the extent necessary for research conducted for the purpose of
advancing public knowledge, on the condition that the researcher provides
adequate assurances that--
`(i) the social security account numbers will not be used to harass,
target, or publicly reveal information concerning any identifiable individuals;
`(ii) information about identifiable individuals obtained from the research
will not be used to make decisions that directly affect the rights,
benefits, or privileges of specific individuals; and
`(iii) the researcher has in place appropriate safeguards to protect
the privacy and confidentiality of any information about identifiable
individuals;
`(F) to the extent consistent with an individual's voluntary and affirmative
written consent to the sale, purchase, or display to the general public
of a social security account number that has been assigned to that individual;
and
`(G) under such other circumstances as the Attorney General of the United
States may determine appropriate in regulations issued under section 205(c)(2)(I).
`(2) DECEASED INDIVIDUALS- This section does not apply with respect to the
social security account number of a deceased individual.
`(d) CRIMINAL PENALTY- Any person who violates this section shall be guilty
of a felony and upon conviction thereof shall be fined under title 18, United
States Code, or imprisoned for not more than 5 years, or both.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply with respect
to violations occurring after 1 year after the date of the issuance by the
Attorney General of the United States of final regulations under section 205(c)(2)(I)
of the Social Security Act (added by section 102).
SEC. 108. CONFIDENTIAL TREATMENT OF CREDIT HEADER INFORMATION.
(a) IN GENERAL- Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a)
is amended by adding at the end the following new subsection:
`(q) CONFIDENTIAL TREATMENT OF CREDIT HEADER INFORMATION- Information regarding
the social security account number of the consumer, or any derivative thereof,
may not be furnished to any person by a consumer reporting agency other than
in a full consumer report furnished in accordance with section 604 and other
requirements of this title.'.
(b) EFFECTIVE DATE- The amendment made by this section shall take effect 90
days after the date of the enactment of this Act.
SEC. 109. REFUSAL TO DO BUSINESS WITHOUT RECEIPT OF SOCIAL SECURITY ACCOUNT
NUMBER CONSIDERED UNFAIR OR DECEPTIVE ACT OR PRACTICE.
(a) IN GENERAL- Any person who refuses to do business with an individual because
the individual will not consent to the receipt by such person of the social
security account number of such individual shall be considered to have committed
an unfair or deceptive act or practice in violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45). Action may be taken under such section
5 against such a person.
(b) EXCEPTION- Subsection (a) shall not apply to any person in any case in
which such person is expressly required under Federal law, in connection with
doing business with an individual, to submit to the Federal Government such
individual's social security account number.
(c) EFFECTIVE DATE- The preceding provisions of this section shall apply with
respect to acts or practices committed after 180 days after the date of the
enactment of this Act.
TITLE II--MEASURES TO ENSURE THE INTEGRITY OF APPLICATIONS FOR SOCIAL SECURITY
ACCOUNT NUMBERS AND REPLACEMENT SOCIAL SECURITY CARDS
SEC. 201. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED IN SUPPORT
OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS.
(a) APPLICATIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS- Section 205(c)(2)(B)(ii)
of the Social Security Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended--
(1) by inserting `(I)' after `(ii)'; and
(2) by adding at the end the following new subclause:
`(II) With respect to an application for a social security account number
for an individual, other than for purposes of enumeration at birth, the Commissioner
shall require independent verification of any birth record provided by the
applicant in support of the application. The Commissioner may provide by regulation
for reasonable exceptions from the requirement for independent verification
under this subclause in any case in which the Commissioner determines there
is minimal opportunity for fraud.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply with
respect to applications filed after 180 days after the date of the enactment
of this Act.
(c) STUDY REGARDING APPLICATIONS FOR REPLACEMENT SOCIAL SECURITY CARDS-
(1) IN GENERAL- As soon as practicable after the date of the enactment of
this Act, the Commissioner of Social Security shall undertake a study to
test the feasibility and cost effectiveness of verifying all identification
documents submitted by an applicant for a replacement social security card.
As part of such study, the Commissioner shall determine the feasibility
of, and the costs associated with, the development of appropriate electronic
processes for third party verification of any such identification documents
which are issued by agencies and instrumentalities of the Federal Government
and of the States (and political subdivisions thereof).
(2) REPORT- Not later than 1 year after the date of the enactment of this
Act, the Commissioner shall report to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the Senate
regarding the results of the study undertaken under paragraph (1). Such
report shall contain such recommendations for legislative changes as the
Commissioner considers necessary to implement needed improvements in the
process for verifying identification documents submitted by applicants for
replacement social security cards.
SEC. 202. ENUMERATION AT BIRTH.
(a) IMPROVEMENT OF APPLICATION PROCESS-
(1) IN GENERAL- As soon as practicable after the date of the enactment of
this Act, the Commissioner of Social Security shall undertake to make improvements
to the enumeration at birth program for the issuance of social security
account numbers to newborns. Such improvements shall be designed to prevent--
(A) the assignment of social security account numbers to unnamed children;
(B) the issuance of more than 1 social security account number to the
same child; and
(C) other opportunities for fraudulently obtaining a social security account
number.
(2) REPORT TO THE CONGRESS- Not later than 180 days after the date of the
enactment of this Act, the Commissioner shall transmit to each House of
the Congress a report specifying in detail the extent to which the improvements
required under paragraph (1) have been made.
(b) STUDY REGARDING PROCESS FOR ENUMERATION AT BIRTH-
(1) IN GENERAL- As soon as practicable after the date of the enactment of
this Act, the Commissioner of Social Security shall undertake a study to
determine the most efficient options for ensuring the integrity of the process
for enumeration at birth. Such study shall include an examination of available
methods for reconciling hospital birth records with birth registrations
submitted to agencies of States and political subdivisions thereof and with
information provided to the Commissioner as part of the process for enumeration
at birth.
(2) REPORT- Not later than 18 months after the date of the enactment of
this Act, the Commissioner shall report to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the Senate
regarding the results of the study undertaken under paragraph (1). Such
report shall contain such recommendations for legislative changes as the
Commissioner considers necessary to implement needed improvements in the
process for enumeration at birth.
SEC. 203. STUDY RELATING TO USE OF PHOTOGRAPHIC IDENTIFICATION IN CONNECTION
WITH APPLICATIONS FOR BENEFITS, SOCIAL SECURITY ACCOUNT NUMBERS, AND SOCIAL
SECURITY CARDS.
(a) IN GENERAL- As soon as practicable after the date of the enactment of
this Act, the Commissioner of Social Security shall undertake a study to--
(1) determine the best method of requiring and obtaining photographic identification
of applicants for old-age, survivors, and disability insurance benefits
under title II of the Social Security Act, for a social security account
number, or for a replacement social security card, and of providing for
reasonable exceptions to any requirement for photographic identification
of such applicants that may be necessary to promote efficient and effective
administration of this title, and
(2) evaluate the benefits and costs of instituting such a requirement for
photographic identification, including the degree to which the security
and integrity of the old-age, survivors, and disability insurance program
would be enhanced.
(b) REPORT- Not later than 270 days after the date of the enactment of this
Act, the Commissioner shall report to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate regarding
the results of the study undertaken under paragraph (1). Such report shall
contain such recommendations for legislative changes as the Commissioner considers
necessary relating to requirements for photographic identification of applicants
described in subsection (a).
SEC. 204. RESTRICTIONS ON ISSUANCE OF MULTIPLE REPLACEMENT SOCIAL SECURITY
CARDS.
(a) IN GENERAL- Section 205(c)(2)(G) of the Social Security Act (42 U.S.C.
405(c)(2)(G)) is amended by adding at the end the following new sentence:
`The Commissioner shall by regulation restrict the issuance of multiple replacement
social security cards to any individual to minimize fraud.'.
(b) REGULATIONS AND EFFECTIVE DATE- The Commissioner of Social Security shall
issue regulations required under the amendment made by subsection (a) not
later than 180 days after the date of the enactment of this Act. Systems controls
developed by the Commissioner pursuant to such amendment shall take effect
upon the issuance of such regulations.
SEC. 205. STUDY RELATING TO MODIFICATION OF THE SOCIAL SECURITY ACCOUNT
NUMBERING SYSTEM TO SHOW WORK AUTHORIZATION STATUS.
(a) IN GENERAL- As soon as practicable after the date of the enactment of
this Act, the Commissioner of Social Security, in consultation with the Secretary
of Homeland Security, shall undertake a study to examine the best method of
modifying the social security account number assigned to individuals who--
(1) are not citizens of the United States,
(2) have not been admitted for permanent residence, and
(3) are not authorized by the Secretary of Homeland Security to work in
the United States, or are so authorized subject to one or more restrictions,
so as to include an indication of such lack of authorization to work or such
restrictions on such an authorization.
(b) REPORT- Not later than 270 days after the date of the enactment of this
Act, the Commissioner shall report to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate regarding
the results of the study undertaken under this section. Such report shall
include the Commissioner's recommendations of feasible options for modifying
the social security account number in the manner described in subsection (a).
TITLE III--ENFORCEMENT
SEC. 301. NEW CRIMINAL PENALTIES FOR MISUSE OF SOCIAL SECURITY ACCOUNT NUMBERS.
(a) IN GENERAL- Section 208(a) of the Social Security Act (42 U.S.C. 408(a))
is amended--
(1) in paragraph (7), by adding after subparagraph (C) the following new
subparagraph:
`(D) with intent to deceive, discloses, sells, or transfers his own social
security account number, assigned to him by the Commissioner of Social
Security (in the exercise of the Commissioner's authority under section
205(c)(2) to establish and maintain records), to any person; or';
(2) in paragraph (8), by adding `or' at the end; and
(3) by inserting after paragraph (8) the following new paragraphs:
`(9) without lawful authority, 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 that purports to be a social security account
number; or
`(10) willfully acts or fails to act so as to cause a violation of section
205(c)(2)(C)(xii); or
`(11) being an officer or employee of any executive, legislative, or judicial
agency or instrumentality of the Federal Government or of a State or political
subdivision thereof (or a person acting as an agent of such an agency or
instrumentality) in possession of any individual's social security account
number (or an officer or employee thereof or a person acting as an agent
thereof), willfully acts or fails to act so as to cause a violation of clause
(vi)(II), (x), (xi), (xii), (xiii), or (xiv) of section 205(c)(2)(C); or
`(12) being a trustee appointed in a case under title 11, United States
Code (or an officer or employee thereof or a person acting as an agent thereof),
willfully acts or fails to act so as to cause a violation of clause (x)
or (xi) of section 205(c)(2)(C);'.
(b) EFFECTIVE DATES- Paragraphs (7)(D) and (9) of section 208(a) of the Social
Security Act (added by subsection (a)(2)) shall apply with respect to each
violation occurring after the date of the enactment of this Act. Paragraphs
(10), (11), and (12) of section 208(a) of such Act (added by subsection (a)(2))
shall apply with respect
to each violation occurring on or after the effective date applicable with
respect to such violation under title I.
SEC. 302. EXTENSION OF CIVIL MONETARY PENALTY AUTHORITY.
(a) APPLICATION OF CIVIL MONEY PENALTIES TO ELEMENTS OF CRIMINAL VIOLATIONS-
Section 1129(a) of the Social Security Act (42 U.S.C. 1320a.FF098(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) by designating the last sentence of paragraph (1) as a new paragraph
(2), appearing after and below paragraph (1); and
(3) by inserting after paragraph (2) (as designated under paragraph (2)
of this subsection) 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 buys or sells 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 buy or sell it;
`(E) counterfeits a social security card, or possesses a counterfeit social
security card with intent to buy or sell it;
`(F) discloses, uses, compels the disclosure of, or knowingly 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) without lawful authority, 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;
`(I) with intent to deceive, discloses, sells, or transfers his own social
security account number, assigned to him by the Commissioner of Social Security
under section 205(c)(2)(B), to any person;
`(J) willfully acts or fails to act so as to cause a violation of section
205(c)(2)(C)(xii);
`(K) being an officer or employee of any executive, legislative, or judicial
agency or instrumentality of the Federal Government or of a State or political
subdivision thereof (or a person acting as an agent of such an agency or
instrumentality) (or an officer or employee thereof or a person acting as
an agent thereof), in possession of any individual's social security account
number, willfully acts or fails to act so as to cause a violation of clause
(vi)(II), (x), (xi), (xii), (xiii), or (xiv) of section 205(c)(2)(C);
`(L) being a trustee appointed in a case under title 11, United States Code
(or an officer or employee thereof or a person acting as an agent thereof),
willfully acts or fails to act so as to cause a violation of clause (x)
or (xi) of section 205(c)(2)(C);
`(M) violates section 208A (relating to prohibition of the sale, purchase,
or display of the social security account number in the private sector);
or
`(N) violates section 208B (relating to fraud by social security administration
employees);
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.'.
(b) EFFECTIVE DATES- The amendments made by this section shall apply with
respect to violations committed after the date of the enactment of this Act,
except that subparagraphs (J), (K), and (L) of section 1129(a)(3) of the Social
Security Act (added by subsection (a)) shall apply with respect to violations
occurring on or after the effective date provided in connection with such
violations under title I.
SEC. 303. CRIMINAL PENALTIES FOR EMPLOYEES OF THE SOCIAL SECURITY ADMINISTRATION
WHO KNOWINGLY AND FRAUDULENTLY ISSUE SOCIAL SECURITY CARDS OR SOCIAL SECURITY
ACCOUNT NUMBERS.
(a) IN GENERAL- Title II of the Social Security Act (as amended by the preceding
provisions of this Act) is amended further by inserting after section 208A
the following new section:
`FRAUD BY SOCIAL SECURITY ADMINISTRATION EMPLOYEES
`SEC. 208B. (a) Whoever is an employee of the Social Security Administration
and knowingly and fraudulently sells or transfers one or more social security
account numbers or social security cards shall be guilty of a felony and upon
conviction thereof shall be fined under title 18, United States Code, imprisoned
as provided in subsection (b), or both.
`(b) Imprisonment for a violation described in subsection (a) shall be for--
`(1) not less than 1 year and up to 5 years, in the case of an employee
of the Social Security Administration who has fraudulently sold or transferred
not more than 50 social security account numbers or social security cards,
`(2) not less than 5 years and up to 10 years, in the case of an employee
of the Social Security Administration who has fraudulently sold or transferred
more than 50, but not more than 100, social security account numbers or
social security cards, or
`(3) not less than 10 years and up to 20 years, in the case of an employee
of the Social Security Administration who has fraudulently sold or transferred
more than 100 social security account numbers or social security cards.
`(c) For purposes of this section--
`(1) The term `social security employee' means any officer, employee, or
contractor of the Social Security Administration, any employee of such a
contractor (including any State employee of a disability determination service),
or any volunteer providing services or assistance in any facility of the
Social Security Administration.
`(2) The term `social security account number' means a social security account
number assigned by the Commissioner of Social Security under section 205(c)(2)(B)
or another number that has not been so assigned but is purported to have
been so assigned.
`(3) The term `social security card' means a card issued by the Commissioner
of Social Security under section 205(c)(2)(G), another card which has not
been so issued but is purported to have been so issued, and banknote paper
of the type described in section 205(c)(2)(G) prepared for the entry of
social security account numbers, whether fully completed or not.
`(c) Any employee of the Social Security Administration who attempts or conspires
to commit any violation of this section shall be subject to the same penalties
as those prescribed for the violation the commission of which was the object
of the attempt or conspiracy.'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply with respect
to violations occurring on or after the date of the enactment of this Act.
SEC. 304. ENHANCED PENALTIES IN CASES OF TERRORISM, DRUG TRAFFICKING, CRIMES
OF VIOLENCE, OR PRIOR OFFENSES.
(a) AMENDMENTS TO TITLE II- Section 208 of the Social Security Act (42 U.S.C.
408) is amended--
(1) in subsection (a), by striking `shall be fined' and all that follows
and inserting the following: `shall be fined, imprisoned, or both, as provided
in subsection (b).';
(2) by redesignating subsections (b), (c), and (d) as subsections (c), (d),
and (e), respectively;
(3) by inserting after subsection (a) the following new subsection:
`(b) A person convicted of a violation described in subsection (a) shall be--
`(1) fined under title 18, United States Code, or imprisoned for not more
than 5 years, or both, in the case of an initial violation, subject to paragraphs
(3) and (4),
`(2) fined under title 18, United States Code, or imprisoned for not more
than 10 years, or both, in the case of a violation which occurs after a
prior conviction for another offense under subsection (a) becomes final,
subject to paragraphs (3) and (4),
`(3) fined under title 18, United States Code, or imprisoned for not more
than 20 years, in the case of a violation which is committed to facilitate
a drug trafficking crime (as defined in section 929(a)(2) of title 18, United
States Code) or in connection with a crime of violence (as defined in section
924(c)(3) of title 18, United States Code), subject to paragraph (4), and
`(4) fined under title 18, United States Code, or imprisoned for not more
than 25 years, in the
case of a violation which is committed to facilitate an act of international
or domestic terrorism (as defined in paragraphs (1) and (5), respectively,
of section 2331 of title 18, United States Code).'; and
(4) in subsection (c) (as redesignated by paragraph (2))--
(A) by striking the first sentence; and
(B) in the second sentence, by striking `any violation described in the
preceding sentence, including a first such violation' and inserting `a
violation of any of the provisions of this section committed by any person
or other entity in the role of such person or entity as, or in applying
to become, a certified payee under section 205(j) on behalf of another
individual (other than such person's spouse)'.
(b) AMENDMENTS TO TITLE VIII- Section 811 of such Act (42 U.S.C. 1011) is
amended--
(1) in subsection (a), by striking `shall be fined' and all that follows
and inserting `shall be fined, imprisoned, or both, as provided in subsection
(b).';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new subsection:
`(b) PUNISHMENT- A person convicted of a violation described in subsection
(a) shall be--
`(1) fined under title 18, United States Code, or imprisoned for not more
than 5 years, or both, in the case of an initial violation, subject to paragraphs
(3) and (4),
`(2) fined under title 18, United States Code, or imprisoned for not more
than 10 years, or both, in the case of a violation which occurs after a
prior conviction for another offense under subsection (a) becomes final,
subject to paragraphs (3) and (4),
`(3) fined under title 18, United States Code, or imprisoned for not more
than 20 years, in the case of a violation which is committed to facilitate
a drug trafficking crime (as defined in section 929(a)(2) of title 18, United
States Code) or in connection with a crime of violence (as defined in section
924(c)(3) of title 18, United States Code), subject to paragraph (4), and
`(4) fined under title 18, United States Code, or imprisoned for not more
than 25 years, in the case of a violation which is committed to facilitate
an act of international or domestic terrorism (as defined in paragraphs
(1) and (5), respectively, of section 2331 of title 18, United States Code).'.
(c) AMENDMENTS TO TITLE XVI- Section 1632 of such Act (42 U.S.C. 1383a) is
amended--
(1) in subsection (a), by striking `shall be fined' and all that follows
and inserting `shall be fined, imprisoned, or both, as provided in subsection
(b).';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new subsection:
`(b) A person convicted of a violation described in subsection (a) shall be--
`(1) fined under title 18, United States Code, or imprisoned for not more
than 5 years, or both, in the case of an initial violation, subject to paragraphs
(3) and (4),
`(2) fined under title 18, United States Code, or imprisoned for not more
than 10 years, or both, in the case of a violation which occurs after a
prior conviction for another offense under subsection (a) becomes final,
subject to paragraphs (3) and (4),
`(3) fined under title 18, United States Code, or imprisoned for not more
than 20 years, in the case of a violation which is committed to facilitate
a drug trafficking crime (as defined in section 929(a)(2) of title 18, United
States Code) or in connection with a crime of violence (as defined in section
924(c)(3) of title 18, United States Code), subject to paragraph (4), and
`(4) fined under title 18, United States Code, or imprisoned for not more
than 25 years, in the case of a violation which is committed to facilitate
an act of international or domestic terrorism (as defined in paragraphs
(1) and (5), respectively, of section 2331 of title 18, United States Code).'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply with respect
to violations occurring after the date of the enactment of this Act..0D
END
