[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).
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