[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3598 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3598

  To amend part A of title XI of the Social Security Act to prohibit 
         certain misuses of the Social Security account number.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 1996

 Mr. Kleczka introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To amend part A of title XI of the Social Security Act to prohibit 
         certain misuses of the Social Security account number.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION OF CERTAIN MISUSES OF THE SOCIAL SECURITY 
              ACCOUNT NUMBER.

    (a) In General.--Part A of title XI of the Social Security Act is 
amended by adding at the end the following new section:

 ``prohibition of certain misuses of the social security account number

    ``Sec. 1146. (a) Prohibition of Commercial Acquisition or 
Distribution.--No person may buy, sell, offer for sale, take or give in 
exchange, or pledge or give in pledge any information for the purpose, 
in whole or in part, of conveying by means of such information any 
other person's social security account number, or any derivative of 
such number, without the written consent of such other person.
    ``(b) Prohibition of Use as Personal Identification Number.--No 
person may--
            ``(1) utilize any person's social security account number 
        for purposes of identification of such person without the 
        written consent of such other person, or
            ``(2) require disclosure by another person of such person's 
        social security account number as a condition of doing 
        business.
    ``(c) Exceptions.--Nothing in this section shall be construed to 
prohibit any use of social security account numbers permitted or 
required under section 205(c)(2) of this Act, section 7(a)(2) of the 
Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), or section 
6109(d) of the Internal Revenue Code of 1986.
    ``(d) Civil Penalties.--The Director of the Office of Management 
and Budget shall impose a civil money penalty not to exceed $5,000 
against any person for each violation by such person of subsection (a) 
or (b). Any such violation committed contemporaneously with respect to 
the social security account numbers of 2 or more persons by means of 
mail, telecommunication, or otherwise shall be treated as a separate 
violation with respect to each such person.
    ``(e) Enforcement Procedures.--
            ``(1) In general.--The provisions of section 1128A (other 
        that subsections (a), (b), (f), (h), (i), and (j) and the first 
        sentence of subsection (c)) and the provisions of subsections 
        (d) and (e) of section 205 shall apply to civil money penalties 
        under subsection (d) of this section in the same manner as such 
        provisions apply to a penalty or proceeding under section 
        1128A(a), except that, for purposes of this paragraph, any 
        reference in section 1128A to the Secretary and any reference 
        in subsections (d) and (e) of section 205 to the Commissioner 
        of Social Security shall be deemed a reference to the Director 
        of the Office of Management and Budget.
            ``(2) Related provisions.--Penalties imposed against a 
        person under subsection (d) may be compromised by the Director 
        and may be recovered in a civil action in the name of the 
        United States brought in the district court of the United 
        States for the district in which the violation occurred or 
        where the person resides, has its principal office, or may be 
        found, as determined by the Director. Amounts recovered under 
        this section shall be paid to the Director and shall be 
        deposited as miscellaneous receipts of the Federal Old-Age and 
        Survivors Insurance Trust Fund. The amount of such penalty when 
        finally determined, or the amount agreed upon in compromise, 
        may be deducted from any sum then or later owing by the United 
        States to the person against whom the penalty has been imposed.
    ``(f) Enforcement Through the Office of Information and Privacy, 
With Assistance From the Commissioner of Social Security.--The 
preceding provisions of this section shall be enforced through the 
Office of Information and Privacy of the Office of Management and 
Budget. The Director of the Office of Management and Budget shall 
consult regularly with the Commissioner of Social Security in 
connection with enforcement provided for under this section, and the 
Commissioner shall provide the Director with such appropriate 
assistance with respect to matters subject to such enforcement as the 
Director may request.''.

SEC. 2. EFFECTIVE DATE.

    The amendment made by section 1 shall apply with respect to 
violations occurring after 2 years after the date of the enactment of 
this Act.
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