[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 848 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 848

 To 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 STATES

                              May 9, 2001

  Mrs. Feinstein (for herself and Mr. Gregg) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To 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 ``Social Security 
Number Misuse Prevention Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Prohibition of the display, sale, or purchase of social 
                            security numbers.
Sec. 4. No prohibition with respect to public records.
Sec. 5. Rulemaking authority of the Attorney General.
Sec. 6. Treatment of social security numbers on government documents.
Sec. 7. Limits on personal disclosure of a social security number for 
                            consumer transactions.
Sec. 8. Extension of civil monetary penalties for misuse of a social 
                            security number.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The inappropriate display, sale, or purchase of social 
        security numbers has contributed to a growing range of illegal 
        activities, including fraud, identity theft, and, in some 
        cases, stalking and other violent crimes.
            (2) While financial institutions, health care providers, 
        and other entities have often used social security numbers to 
        confirm the identity of an individual, the general display to 
        the public, sale, or purchase of these numbers has been used to 
        commit crimes, and also can result in serious invasions of 
        individual privacy.
            (3) The Federal Government requires virtually every 
        individual in the United States to obtain and maintain a social 
        security number in order to pay taxes, to qualify for social 
        security benefits, or to seek employment. An unintended 
        consequence of these requirements is that social security 
        numbers have become tools that can be used to facilitate crime, 
        fraud, and invasions of the privacy of the individuals to whom 
        the numbers are assigned. Because the Federal Government 
        created and maintains this system, and because the Federal 
        Government does not permit individuals to exempt themselves 
        from those requirements, it is appropriate for the Federal 
        Government to take steps to stem the abuse of this system.
            (4) A social security number does not contain, reflect, or 
        convey any publicly significant information or concern any 
        public issue. The display, sale, or purchase of such numbers in 
        no way facilitates uninhibited, robust, and wide-open public 
        debate, and restrictions on such display, sale, or purchase 
        would not affect public debate.
            (5) No one should seek to profit from the display, sale, or 
        purchase of social security numbers in circumstances that 
        create a substantial risk of physical, emotional, or financial 
        harm to the individuals to whom those numbers are assigned.
            (6) Consequently, this Act offers each individual that has 
        been assigned a social security number necessary protection 
        from the display, sale, and purchase of that number in any 
        circumstance that might facilitate unlawful conduct.

SEC. 3. PROHIBITION OF THE DISPLAY, SALE, OR PURCHASE OF SOCIAL 
              SECURITY NUMBERS.

    (a) Prohibition.--
            (1) In general.--Chapter 47 of title 18, United States 
        Code, is amended by inserting after section 1028 the following:
``Sec. 1028A. Prohibition of the display, sale, or purchase of social 
              security numbers
    ``(a) Definitions.--In this section:
            ``(1) Display.--The term `display' means to intentionally 
        communicate or otherwise make available (on the Internet or in 
        any other manner) to the general public an individual's social 
        security number.
            ``(2) Person.--The term `person' means any individual, 
        partnership, corporation, trust, estate, cooperative, 
        association, or any other entity.
            ``(3) Purchase.--The term `purchase' means providing 
        directly or indirectly, anything of value in exchange for a 
        social security number.
            ``(4) Sale.--The term `sale' means obtaining, directly or 
        indirectly, anything of value in exchange for a social security 
        number.
            ``(5) State.--The term `State' means any State of the 
        United States, the District of Columbia, Puerto Rico, the 
        Northern Mariana Islands, the United States Virgin Islands, 
        Guam, American Samoa, and any territory or possession of the 
        United States.
    ``(b) Limitation on Display.--Except as provided in section 1028B, 
no person may display any individual's social security number to the 
general public without the affirmatively expressed consent of the 
individual.
    ``(c) Limitation on Sale or Purchase.--Except as otherwise provided 
in this section, no person may sell or purchase any individual's social 
security number without the affirmatively expressed consent of the 
individual.
    ``(d) Prohibition of Wrongful Use as Personal Identification 
Number.--No person may obtain any individual's social security number 
for purposes of locating or identifying an individual with the intent 
to physically injure, harm, or use the identity of the individual for 
any illegal purpose.
    ``(e) Prerequisites for Consent.--In order for consent to exist 
under subsection (b) or (c), the person displaying or seeking to 
display, selling or attempting to sell, or purchasing or attempting to 
purchase, an individual's social security number shall--
            ``(1) inform the individual of the general purpose for 
        which the number will be used, the types of persons to whom the 
        number may be available, and the scope of transactions 
permitted by the consent; and
            ``(2) obtain the affirmatively expressed consent 
        (electronically or in writing) of the individual.
    ``(f) Exceptions.--
            ``(1) In general.--Except as provided in subsection (d), 
        nothing in this section shall be construed to prohibit or limit 
        the display, sale, or purchase of a social security number--
                    ``(A) permitted, required, or excepted, expressly 
                or by implication, under section 205(c)(2), 
                1124A(a)(3), or 1141(c) of the Social Security Act (42 
                U.S.C. 405(c)(2), 1320a-3a(a)(3), and 1320b-11(c)), 
                section 7(a)(2) of the Privacy Act of 1974 (5 U.S.C. 
                552a note), section 6109(d) of the Internal Revenue 
                Code of 1986, or section 6(b)(1) of the Professional 
                Boxing Safety Act of 1996 (15 U.S.C. 6305(b)(1));
                    ``(B) for a public health purpose, including the 
                protection of the health or safety of an individual in 
                an emergency situation;
                    ``(C) for a national security purpose;
                    ``(D) for a law enforcement purpose, including the 
                investigation of fraud, as required under subchapter II 
                of chapter 53 of title 31, United States Code, and 
                chapter 2 of title I of Public Law 91-508 (12 U.S.C. 
                1951-1959), and the enforcement of a child support 
                obligation;
                    ``(E) if the display, sale, or purchase of the 
                number is for a business-to-business use, including, 
                but not limited to--
                            ``(i) the prevention of fraud (including 
                        fraud in protecting an employee's right to 
                        employment benefits);
                            ``(ii) the facilitation of credit checks or 
                        the facilitation of background checks of 
                        employees, prospective employees, and 
                        volunteers;
                            ``(iii) compliance with any requirement 
                        related to the social security program 
                        established under title II of the Social 
                        Security Act (42 U.S.C. 401 et seq.); or
                            ``(iv) the retrieval of other information 
                        from, or by, other businesses, commercial 
                        enterprises, or private nonprofit 
                        organizations,
                except that, nothing in this subparagraph shall be 
                construed as permitting a professional or commercial 
                user to display or sell a social security number to the 
                general public;
                    ``(F) if the transfer of such a number is part of a 
                data matching program under the Computer Matching and 
                Privacy Protection Act of 1988 (5 U.S.C. 552a note) or 
                any similar computer data matching program involving a 
                Federal, State, or local agency; or
                    ``(G) if such number is required to be submitted as 
                part of the process for applying for any type of 
                Federal, State, or local government benefit or program.
    ``(g) Civil Action in United States District Court; Damages; 
Attorney's Fees and Costs.--
            ``(1) In general.--Any individual aggrieved by any act of 
        any person in violation of this section may bring a civil 
        action in a United States district court to recover--
                    ``(A) such preliminary and equitable relief as the 
                court determines to be appropriate; and
                    ``(B) the greater of--
                            ``(i) actual damages;
                            ``(ii) liquidated damages of $2,500; or
                            ``(iii) in the case of a violation that was 
                        willful and resulted in profit or monetary 
                        gain, liquidated damages of $10,000.
            ``(2) Statute of limitations.--No action may be commenced 
        under this subsection more than 3 years after the date on which 
        the violation was or should reasonably have been discovered by 
        the aggrieved individual.
            ``(3) Nonexclusive remedy.--The remedy provided under this 
        subsection shall be in addition to any other remedy available 
        to the individual.
    ``(h) Civil Penalties.--
            ``(1) In general.--Any person who the Attorney General 
        determines has violated this section shall be subject, in 
        addition to any other penalties that may be prescribed by law--
                    ``(A) to a civil penalty of not more than $5,000 
                for each such violation; and
                    ``(B) to a civil penalty of not more than $50,000, 
                if the violations have occurred with such frequency as 
                to constitute a general business practice.
            ``(2) Determination of violations.--Any willful violation 
        committed contemporaneously with respect to the social security 
        numbers of 2 or more individuals by means of mail, 
        telecommunication, or otherwise, shall be treated as a separate 
        violation with respect to each such individual.
            ``(3) Enforcement procedures.--The provisions of section 
        1128A of the Social Security Act (42 U.S.C. 1320a-7a), other 
        than subsections (a), (b), (f), (h), (i), (j), (m), and (n) and 
        the first sentence of subsection (c) of such section, and the 
        provisions of subsections (d) and (e) of section 205 of such 
        Act (42 U.S.C. 405) shall apply to a civil penalty under this 
        subsection in the same manner as such provisions apply to a 
        penalty or proceeding under section 1128A(a) of such Act (42 
        U.S.C. 1320a-7a(a)), except that, for purposes of this 
        paragraph, any reference in section 1128A of such Act (42 
        U.S.C. 1320a-7a) to the Secretary shall be deemed to be a 
        reference to the Attorney General.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        47 of title 18, United States Code, is amended by inserting 
        after the item relating to section 1028 the following:

``1028A. Prohibition of the display, sale, or purchase of social 
                            security numbers.''.
    (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 new 
        paragraphs:
            ``(9) except as provided in paragraph (5) of section 
        1028A(a) of title 18, United States Code, knowingly and 
        willfully displays, sells, or purchases (as those terms are 
        defined in paragraph (1) of such section) any individual's 
        social security number (as defined in such paragraph) without 
        the affirmatively expressed consent of that individual after 
        having met the prerequisites for consent under paragraph (4) of 
        such section, electronically or in writing, with respect to 
        that individual; or
            ``(10) obtains any individual's social security number for 
        the purpose of locating or identifying the individual with the 
        intent to injure or to harm that individual, or to use the 
        identity of that individual for an illegal purpose;''.
    (c) Effective Date.--Section 1028A of title 18, United States Code 
(as added by subsection (a)), and section 208 of the Social Security 
Act (42 U.S.C. 408) (as amended by subsection (b)) shall take effect 30 
days after the date on which the final regulations promulgated under 
section 5(b) are published in the Federal Register.

SEC. 4. NO PROHIBITION WITH RESPECT 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 1028A the following:
``Sec. 1028B. No prohibition of the display, sale, or purchase of 
              social security numbers included in public records
    ``(a) In General.--Nothing in section 1028A shall be construed to 
prohibit or limit the display, sale, or purchase of any public record 
which includes a social security number that--
            ``(1) is incidentally included in a public record, as 
        defined in subsection (d);
            ``(2) is intended to be purchased, sold, or displayed 
        pursuant to an exception contained in section 1028A(f);
            ``(3) is intended to be purchased, sold, or displayed 
        pursuant to the consent provisions of subsections (b), (c), and 
        (e) of section 1028A; or
            ``(4) includes a redaction of the nonincidental occurrences 
        of the social security numbers when sold or displayed to 
        members of the general public.
    ``(b) Agency Requirements.--Each agency in possession of documents 
that contain social security numbers which are nonincidental, shall, 
with respect to such documents--
            ``(1) ensure that access to such numbers is restricted to 
        persons who may obtain them in accordance with applicable law;
            ``(2) require an individual who is not exempt under section 
        1028A(f) to provide the social security number of the person 
        who is the subject of the document before making such document 
        available; or
            ``(3) redact the social security number from the document 
        prior to providing a copy of the requested document to an 
        individual who is not exempt under section 1028A(f) and who is 
        unable to provide the social security number of the person who 
        is the subject of the document.
    ``(c) Rule of Construction.--Nothing in this section shall be used 
as a basis for permitting or requiring a State or local government 
entity or other repository of public documents to expand or to limit 
access to documents containing social security numbers to entities 
covered by the exception in section 1028A(f).
    ``(d) Definitions.--In this section:
            ``(1) Incidental.--The term `incidental' means that the 
        social security number is not routinely displayed in a 
        consistent and predictable manner on the public record by a 
        government entity, such as on the face of a document.
            ``(2) Public record.--The term `public record' means any 
        item, collection, or grouping of information about an 
        individual that is maintained by a Federal, State, or local 
        government entity and that is made available to the public.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        47 of title 18, United States Code (as amended by section 
        3(a)(2)), is amended by inserting after the item relating to 
        section 1028A the following:

``1028B. No prohibition of the display, sale, or purchase of social 
                            security numbers included in public 
                            records.''.

SEC. 5. RULEMAKING AUTHORITY OF THE ATTORNEY GENERAL.

    (a) In General.--Except as provided in subsection (b), the Attorney 
General may prescribe such rules and regulations as the Attorney 
General deems necessary to carry out the provisions of section 3.
    (b) Business-to-Business Commercial Display, Sale, or Purchase 
Rulemaking.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Attorney General, in consultation 
        with the Commissioner of Social Security, the Federal Trade 
        Commission, and such other Federal agencies as the Attorney 
        General determines appropriate, may conduct such rulemaking 
        procedures in accordance with subchapter II of chapter 5 of 
        title 5, United States Code, as are necessary to promulgate 
        regulations to implement and clarify the business-to-business 
        provisions pertaining to section 1028A(f)(1)(E) of title 18, 
        United States Code (as added by section 3(a)(1)). The Attorney 
        General shall consult with other agencies to ensure, where 
        possible, that these provisions are consistent with other 
        privacy laws, including title V of the Gramm-Leach-Bliley Act 
        (15 U.S.C. 6801 et seq.).
            (2) Factors to be considered.--In promulgating the 
        regulations required under paragraph (1), the Attorney General 
        shall, at a minimum, consider the following factors:
                    (A) The benefit to a particular business practice 
                and to the general public of the sale or purchase of an 
                individual's social security number.
                    (B) The risk that a particular business practice 
                will promote the use of the social security number to 
                commit fraud, deception, or crime.
                    (C) The presence of adequate safeguards to prevent 
                the misappropriation of social security numbers by the 
                general public, while permitting internal business uses 
                of such numbers.
                    (D) The implementation of procedures to prevent 
                identity thieves, stalkers, and others with ill intent 
                from posing as legitimate businesses to obtain social 
                security numbers.

SEC. 6. TREATMENT OF SOCIAL SECURITY NUMBERS ON GOVERNMENT DOCUMENTS.

    (a) Prohibition of Use of Social Security Account Numbers on Checks 
Issued for Payment by Governmental Agencies.--
            (1) In general.--Section 205(c)(2)(C) of the Social 
        Security Act (42 U.S.C. 405(c)(2)(C)) is amended by adding at 
        the end the following new clause:
    ``(x) No Federal, State, or local agency may display the social 
security account number of any individual, or any derivative of such 
number, on any check issued for any payment by the Federal, State, or 
local agency.''.
            (2) Effective date.--The amendment made by this subsection 
        shall apply with respect to violations of section 
        205(c)(2)(C)(x) of the Social Security Act (42 U.S.C. 
        405(c)(2)(C)(x)), as added by paragraph (1), occurring after 
        the date that is 3 years after the date of enactment of this 
        Act.
    (b) Prohibition of Appearance of Social Security Account Numbers on 
Driver's Licenses or Motor Vehicle Registration.--
            (1) In general.--Section 205(c)(2)(C)(vi) of the Social 
        Security Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended--
                    (A) by inserting ``(I)'' after ``(vi)''; and
                    (B) by adding at the end the following new 
                subclause:
    ``(II)(aa) An agency of a State (or political subdivision thereof), 
in the administration of any driver's license or motor vehicle 
registration law within its jurisdiction, may not disclose the social 
security account numbers issued by the Commissioner of Social Security, 
or any derivative of such numbers, on any driver's license or motor 
vehicle registration or any other document issued by such State (or 
political subdivision thereof) to an individual for purposes of 
identification of such individual.
    ``(bb) Nothing in this subclause shall be construed as precluding 
an agency of a State (or political subdivision thereof), in the 
administration of any driver's license or motor vehicle registration 
law within its jurisdiction, from using a social security account 
number for an internal use or to link with the database of an agency of 
another State that is responsible for the administration of any 
driver's license or motor vehicle registration law.''.
            (2) Effective date.--The amendment made by this subsection 
        shall apply with respect to licenses, registrations, and other 
        documents issued or reissued after the date that is 1 year 
        after the date of enactment of this Act.
    (c) Prohibition of Inmate Access to Social Security Account 
Numbers.--
            (1) In general.--Section 205(c)(2)(C) of the Social 
        Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by subsection 
        (b)) is amended by adding at the end the following new clause:
    ``(xi) No Federal, State, or local agency may employ, or enter into 
a contract for the use or employment of, prisoners in any capacity that 
would allow such prisoners access to the social security account 
numbers of other individuals. For purposes of this clause, the term 
`prisoner' means an individual confined in a jail, prison, or other 
penal institution or correctional facility pursuant to such 
individual's conviction of a criminal offense.''.
            (2) Effective date.--The amendment made by this subsection 
        shall apply with respect to employment of prisoners, or entry 
        into contract with prisoners, after the date that is 1 year 
        after the date of enactment of this Act.

SEC. 7. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL SECURITY NUMBER FOR 
              CONSUMER TRANSACTIONS.

    (a) In General.--Part A of title XI of the Social Security Act (42 
U.S.C. 1301 et seq.) is amended by adding at the end the following new 
section:

``SEC. 1150A. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL SECURITY NUMBER 
              FOR CONSUMER TRANSACTIONS.

    ``(a) In General.--A commercial entity may not require an 
individual to provide the individual's social security number when 
purchasing a commercial good or service or deny an individual the good 
or service for refusing to provide that number except--
            ``(1) for any purpose relating to--
                    ``(A) obtaining a consumer report for any purpose 
                permitted under the Fair Credit Reporting Act;
                    ``(B) a background check of the individual 
                conducted by a landlord, lessor, employer, voluntary 
                service agency, or other entity as determined by the 
                Attorney General;
                    ``(C) law enforcement; or
                    ``(D) a Federal or State law requirement; or
            ``(2) if the social security number is necessary to verify 
        identity and to prevent fraud with respect to the specific 
        transaction requested by the consumer and no other form of 
        identification can produce comparable information.
    ``(b) Other Forms of Identification.--Nothing in this section shall 
be construed to prohibit a commercial entity from--
            ``(1) requiring an individual to provide 2 forms of 
        identification that do not contain the social security number 
        of the individual; or
            ``(2) denying an individual a good or service for refusing 
        to provide 2 forms of identification that do not contain such 
        number.
    ``(c) Application of Civil Money Penalties.--A violation of this 
section shall be deemed to be a violation of section 1129(a)(3)(F).
    ``(d) Application of Criminal Penalties.--A violation of this 
section shall be deemed to be a violation of section 208(a)(8).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to requests to provide a social security number made on or after 
the date of enactment of this Act.

SEC. 8. EXTENSION OF CIVIL MONETARY PENALTIES FOR MISUSE OF A SOCIAL 
              SECURITY NUMBER.

    (a) Treatment of Withholding of Material Facts.--
            (1) Civil penalties.--The first sentence of section 
        1129(a)(1) of the Social Security Act (42 U.S.C. 1320a-8(a)(1)) 
        is amended--
                    (A) by striking ``who'' and inserting ``who--'';
                    (B) by striking ``makes'' and all that follows 
                through ``shall be subject to'' and inserting the 
                following:
            ``(A) makes, or causes to be made, a statement or 
        representation of a material fact, for use in determining any 
        initial or continuing right to or the amount of monthly 
        insurance benefits under title II or benefits or payments under 
        title VIII or XVI, that the person knows or should know is 
        false or misleading;
            ``(B) makes such a statement or representation for such use 
        with knowing disregard for the truth; or
            ``(C) omits from a statement or representation for such 
        use, or otherwise withholds disclosure of, a fact which the 
        individual knows or should know is material to the 
        determination of any initial or continuing right to or the 
        amount of monthly insurance benefits under title II or benefits 
        or payments under title VIII or XVI and the individual knows, 
        or should know, that the statement or representation with such 
        omission is false or misleading or that the withholding of such 
        disclosure is misleading,
shall be subject to'';
                    (C) by inserting ``or each receipt of such benefits 
                while withholding disclosure of such fact'' after 
                ``each such statement or representation'';
                    (D) by inserting ``or because of such withholding 
                of disclosure of a material fact'' after ``because of 
                such statement or representation''; and
                    (E) by inserting ``or such a withholding of 
                disclosure'' after ``such a statement or 
                representation''.
            (2) Administrative procedure for imposing penalties.--The 
        first sentence of section 1129A(a) of the Social Security Act 
        (42 U.S.C. 1320a-8a(a)) is amended--
                    (A) by striking ``who'' and inserting ``who--''; 
                and
                    (B) by striking ``makes'' and all that follows 
                through ``shall be subject to'' and inserting the 
                following new paragraphs:
            ``(1) makes, or causes to be made, a statement or 
        representation of a material fact, for use in determining any 
        initial or continuing right to or the amount of monthly 
        insurance benefits under title II or benefits or payments under 
        title VIII or XVI, that the person knows or should know is 
        false or misleading;
            ``(2) makes such a statement or representation for such use 
        with knowing disregard for the truth; or
            ``(3) omits from a statement or representation for such 
        use, or otherwise withholds disclosure of, a fact which the 
        individual knows or should know is material to the 
        determination of any initial or continuing right to or the 
        amount of monthly insurance benefits under title II or benefits 
        or payments under title VIII or XVI and the individual knows, 
        or should know, that the statement or representation with such 
        omission is false or misleading or that the withholding of such 
        disclosure is misleading,
shall be subject to''.
    (b) Application of Civil Money Penalties to Elements of Criminal 
Violations.--Section 1129(a) of the Social Security Act (42 U.S.C. 
1320a-8(a)), as amended by subsection (a)(1), is amended--
            (1) by redesignating paragraph (2) as paragraph (4);
            (2) by redesignating the last sentence of paragraph (1) as 
        paragraph (2) and inserting such paragraph after paragraph (1); 
        and
            (3) by inserting after paragraph (2) (as so redesignated) 
        the following new paragraph:
    ``(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''.
    (e) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply with respect to 
        violations of sections 1129 and 1129A of the Social Security 
        Act (42 U.S.C. 1320-8 and 1320a-8a), as amended by this 
        section, committed after the date of enactment of this Act.
            (2) Violations by government agents in possession of social 
        security numbers.--Section 1129(a)(3)(I) of the Social Security 
        Act (42 U.S.C. 1320a-8(a)(3)(I)), as added by subsection (b), 
        shall apply with respect to violations of that section 
        occurring on or after the effective date under section 3(c).
                                 <all>