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







107th CONGRESS
  2d 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

                 May 16 (legislative day, May 9), 2002

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                 May 16 (legislative day, May 9), 2002

              Ordered referred to the Committee on Finance

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Social 
Security Number Misuse Prevention Act of 2001''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

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

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. PROHIBITION OF THE DISPLAY, SALE, OR PURCHASE OF 
              SOCIAL SECURITY NUMBERS.</DELETED>

<DELETED>    (a) Prohibition.--</DELETED>
        <DELETED>    (1) In general.--Chapter 47 of title 18, United 
        States Code, is amended by inserting after section 1028 the 
        following:</DELETED>
<DELETED>``Sec. 1028A. Prohibition of the display, sale, or purchase of 
              social security numbers</DELETED>
<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Person.--The term `person' means any 
        individual, partnership, corporation, trust, estate, 
        cooperative, association, or any other entity.</DELETED>
        <DELETED>    ``(3) Purchase.--The term `purchase' means 
        providing directly or indirectly, anything of value in exchange 
        for a social security number.</DELETED>
        <DELETED>    ``(4) Sale.--The term `sale' means obtaining, 
        directly or indirectly, anything of value in exchange for a 
        social security number.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) obtain the affirmatively expressed consent 
        (electronically or in writing) of the individual.</DELETED>
<DELETED>    ``(f) Exceptions.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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));</DELETED>
                <DELETED>    ``(B) for a public health purpose, 
                including the protection of the health or safety of an 
                individual in an emergency situation;</DELETED>
                <DELETED>    ``(C) for a national security 
                purpose;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(E) if the display, sale, or purchase of 
                the number is for a business-to-business use, 
                including, but not limited to--</DELETED>
                        <DELETED>    ``(i) the prevention of fraud 
                        (including fraud in protecting an employee's 
                        right to employment benefits);</DELETED>
                        <DELETED>    ``(ii) the facilitation of credit 
                        checks or the facilitation of background checks 
                        of employees, prospective employees, and 
                        volunteers;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iv) the retrieval of other 
                        information from, or by, other businesses, 
                        commercial enterprises, or private nonprofit 
                        organizations,</DELETED>
                <DELETED>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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Civil Action in United States District Court; 
Damages; Attorney's Fees and Costs.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) such preliminary and equitable 
                relief as the court determines to be appropriate; 
                and</DELETED>
                <DELETED>    ``(B) the greater of--</DELETED>
                        <DELETED>    ``(i) actual damages;</DELETED>
                        <DELETED>    ``(ii) liquidated damages of 
                        $2,500; or</DELETED>
                        <DELETED>    ``(iii) in the case of a violation 
                        that was willful and resulted in profit or 
                        monetary gain, liquidated damages of 
                        $10,000.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Nonexclusive remedy.--The remedy provided 
        under this subsection shall be in addition to any other remedy 
        available to the individual.</DELETED>
<DELETED>    ``(h) Civil Penalties.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) to a civil penalty of not more than 
                $5,000 for each such violation; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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:</DELETED>

<DELETED>``1028A. Prohibition of the display, sale, or purchase of 
                            social security numbers.''.
<DELETED>    (b) Criminal Sanctions.--Section 208(a) of the Social 
Security Act (42 U.S.C. 408(a)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (8), by inserting ``or'' after 
        the semicolon; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (8) the following 
        new paragraphs:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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;''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. NO PROHIBITION WITH RESPECT TO PUBLIC 
              RECORDS.</DELETED>

<DELETED>    (a) Public Records Exception.--</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>``Sec. 1028B. No prohibition of the display, sale, or purchase 
              of social security numbers included in public 
              records</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) is incidentally included in a public record, 
        as defined in subsection (d);</DELETED>
        <DELETED>    ``(2) is intended to be purchased, sold, or 
        displayed pursuant to an exception contained in section 
        1028A(f);</DELETED>
        <DELETED>    ``(3) is intended to be purchased, sold, or 
        displayed pursuant to the consent provisions of subsections 
        (b), (c), and (e) of section 1028A; or</DELETED>
        <DELETED>    ``(4) includes a redaction of the nonincidental 
        occurrences of the social security numbers when sold or 
        displayed to members of the general public.</DELETED>
<DELETED>    ``(b) Agency Requirements.--Each agency in possession of 
documents that contain social security numbers which are nonincidental, 
shall, with respect to such documents--</DELETED>
        <DELETED>    ``(1) ensure that access to such numbers is 
        restricted to persons who may obtain them in accordance with 
        applicable law;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(d) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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:</DELETED>

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

<DELETED>SEC. 5. RULEMAKING AUTHORITY OF THE ATTORNEY 
              GENERAL.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Business-to-Business Commercial Display, Sale, or 
Purchase Rulemaking.--</DELETED>
        <DELETED>    (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.).</DELETED>
        <DELETED>    (2) Factors to be considered.--In promulgating the 
        regulations required under paragraph (1), the Attorney General 
        shall, at a minimum, consider the following factors:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) The risk that a particular business 
                practice will promote the use of the social security 
                number to commit fraud, deception, or crime.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. TREATMENT OF SOCIAL SECURITY NUMBERS ON GOVERNMENT 
              DOCUMENTS.</DELETED>

<DELETED>    (a) Prohibition of Use of Social Security Account Numbers 
on Checks Issued for Payment by Governmental Agencies.--</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Prohibition of Appearance of Social Security Account 
Numbers on Driver's Licenses or Motor Vehicle Registration.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) by inserting ``(I)'' after ``(vi)''; 
                and</DELETED>
                <DELETED>    (B) by adding at the end the following new 
                subclause:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Prohibition of Inmate Access to Social Security 
Account Numbers.--</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL SECURITY 
              NUMBER FOR CONSUMER TRANSACTIONS.</DELETED>

<DELETED>    (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:</DELETED>

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

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) for any purpose relating to--</DELETED>
                <DELETED>    ``(A) obtaining a consumer report for any 
                purpose permitted under the Fair Credit Reporting 
                Act;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) law enforcement; or</DELETED>
                <DELETED>    ``(D) a Federal or State law requirement; 
                or</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Other Forms of Identification.--Nothing in this 
section shall be construed to prohibit a commercial entity from--
</DELETED>
        <DELETED>    ``(1) requiring an individual to provide 2 forms 
        of identification that do not contain the social security 
        number of the individual; or</DELETED>
        <DELETED>    ``(2) denying an individual a good or service for 
        refusing to provide 2 forms of identification that do not 
        contain such number.</DELETED>
<DELETED>    ``(c) Application of Civil Money Penalties.--A violation 
of this section shall be deemed to be a violation of section 
1129(a)(3)(F).</DELETED>
<DELETED>    ``(d) Application of Criminal Penalties.--A violation of 
this section shall be deemed to be a violation of section 
208(a)(8).''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 8. EXTENSION OF CIVIL MONETARY PENALTIES FOR MISUSE OF A 
              SOCIAL SECURITY NUMBER.</DELETED>

<DELETED>    (a) Treatment of Withholding of Material Facts.--
</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) by striking ``who'' and inserting 
                ``who--'';</DELETED>
                <DELETED>    (B) by striking ``makes'' and all that 
                follows through ``shall be subject to'' and inserting 
                the following:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(B) makes such a statement or representation for 
        such use with knowing disregard for the truth; or</DELETED>
        <DELETED>    ``(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,</DELETED>
<DELETED>shall be subject to'';</DELETED>
                <DELETED>    (C) by inserting ``or each receipt of such 
                benefits while withholding disclosure of such fact'' 
                after ``each such statement or 
                representation'';</DELETED>
                <DELETED>    (D) by inserting ``or because of such 
                withholding of disclosure of a material fact'' after 
                ``because of such statement or representation''; 
                and</DELETED>
                <DELETED>    (E) by inserting ``or such a withholding 
                of disclosure'' after ``such a statement or 
                representation''.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) by striking ``who'' and inserting 
                ``who--''; and</DELETED>
                <DELETED>    (B) by striking ``makes'' and all that 
                follows through ``shall be subject to'' and inserting 
                the following new paragraphs:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) makes such a statement or representation for 
        such use with knowing disregard for the truth; or</DELETED>
        <DELETED>    ``(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,</DELETED>
<DELETED>shall be subject to''.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) by redesignating paragraph (2) as paragraph 
        (4);</DELETED>
        <DELETED>    (2) by redesignating the last sentence of 
        paragraph (1) as paragraph (2) and inserting such paragraph 
        after paragraph (1); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (2) (as so 
        redesignated) the following new paragraph:</DELETED>
<DELETED>    ``(3) Any person (including an organization, agency, or 
other entity) who--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(C) knowingly alters a social security card 
        issued by the Commissioner of Social Security, or possesses 
        such a card with intent to alter it;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(E) counterfeits a social security card, or 
        possesses a counterfeit social security card with intent to 
        display, sell, or purchase it;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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),</DELETED>
<DELETED>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.''.</DELETED>
<DELETED>    (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,''.</DELETED>
<DELETED>    (d) Conforming Amendments.--</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (e) Effective Dates.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Social Security 
Number Misuse Prevention Act of 2002''.
    (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. 9. Truncation of credit card account numbers.

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.--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--
            ``(1) 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), or 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));
            ``(2) for a public health purpose, including the protection 
        of the health or safety of an individual in an emergency 
        situation;
            ``(3) for a national security purpose;
            ``(4) for a law enforcement purpose, including the 
        investigation of fraud, 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;
            ``(5) if the display, sale, or purchase of the number is 
        for a business-to-business use or business-to-government use, 
        including, but not limited to--
                    ``(A) the prevention of fraud (including fraud in 
                protecting an employee's right to employment benefits);
                    ``(B) the facilitation of credit checks or the 
                facilitation of background checks of employees, 
                prospective employees, and volunteers;
                    ``(C) 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.);
                    ``(D) the retrieval of other information from other 
                businesses, commercial enterprises, government 
                entities, or private nonprofit organizations; or
                    ``(E) the transmission of the number is incidental 
                to, and in the course of, the sale, lease, franchising, 
                or merger of all, or a portion of, a business;
        except that, nothing in this paragraph shall be construed as 
        permitting a professional or commercial user to display or sell 
        a social security number to the general public;
            ``(6) 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
            ``(7) if such number is required to be submitted as part of 
        the process for applying for any type of Federal, State, or 
        local government benefit or program.
    ``(g) Civil Action in State Courts.--
            ``(1) In general.--Any individual aggrieved by an act of 
        any person in violation of this section may, if otherwise 
        permitted by the laws or rules of the court of a State, bring 
        in an appropriate court of that State--
                    ``(A) an action to enjoin such violation;
                    ``(B) an action to recover for actual monetary loss 
                from such a violation, or to receive up to $500 in 
                damages for each such violation, whichever is greater; 
                or
                    ``(C) both such actions.
            ``It shall be an affirmative defense in any action brought 
        under this paragraph that the defendant has established and 
        implemented, with due care, reasonable practices and procedures 
        to effectively prevent violations of the regulations prescribed 
        under this subsection. If the court finds that the defendant 
        willfully or knowingly violated the regulations prescribed 
        under this subsection, the court may, in its discretion, 
        increase the amount of the award to an amount equal to not more 
        than 3 times the amount available under subparagraph (B) of 
        this paragraph.
            ``(2) Statute of limitations.--An action may be commenced 
        under this subsection not later than the earlier of--
                    ``(A) 5 years after the date on which the alleged 
                violation occurred; or
                    ``(B) 3 years after the date on which the alleged 
                violation was or should have been reasonably discovered 
                by the aggrieved individual.
            ``(3) Nonexclusive remedy.--The remedy provided under this 
        subsection shall be in addition to any other 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 section 1028A(f) of title 18, 
        United States Code, knowingly and willfully displays, sells, or 
        purchases (as those terms are defined in section 1028A(a) of 
        title 18, United States Code) any individual's social security 
        account number without having met the prerequisites for consent 
        under section 1028A(e) of title 18, United States Code; or
            ``(10) obtains any individual's social security number for 
        the purpose of locating or identifying the individual with the 
        intent to injure or to harm that individual, or to use the 
        identity of that individual for an illegal purpose;''.
    (c) Effective Date.--Section 1028A of title 18, United States Code 
(as added by subsection (a)), and the amendments under section (b) to 
section 208(a) of the Social Security Act (42 U.S.C. 408(a)) 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.--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 prohibit or limit 
the display, sale, or purchase of any public record, which contains a 
social security number, that--
            ``(1) is not identified in subsection (b);
            ``(2) is identified in subsection (b), provided that the 
        agency in possession of such public record complies with the 
        requirements under subsection (c);
            ``(3) is produced on or before the effective date of this 
        section; or
            ``(4) is intended to be purchased, sold, or displayed 
        pursuant to--
                    ``(A) an exception under section 1028A(f); or
                    ``(B) the consent provisions under subsections (b), 
                (c), and (e) of section 1028A.
    ``(b) List of Public Records.--
            ``(1) In general.--Each agency shall comply with the 
        requirements under subsection (c) with respect to--
                    ``(A) death certificates;
                    ``(B) professional and occupational licenses;
                    ``(C) property settlement documents;
                    ``(D) documents relating to birth certificates;
                    ``(E) land ownership records;
                    ``(F) marriage permits and licenses;
                    ``(G) documents related to bankruptcy;
                    ``(H) court judgments;
                    ``(I) child support documents;
                    ``(J) divorce petitions and decrees; and
                    ``(K) tax liens.
            ``(2) Conversion of paper records into electronic 
        records.--Any record in paragraph (1) that is first made 
        available online to the general public after the effective date 
        of this section shall be treated as a newly created record for 
        the purposes of this section and shall comply with the 
        requirements of subsection (c).
    ``(c) Agency Requirements.--Each agency in possession of a public 
record identified in subsection (b) that contains a social security 
number, shall--
            ``(1) restrict access to the social security number 
        contained on the public record to those persons who are 
        entitled to such access in accordance with applicable law;
            ``(2) require any individual who is not exempt under 
        section 1028A(f) to provide the social security number of the 
        person who is the subject of the public record before making 
        such public record available; and
            ``(3) redact the social security number from the document 
        prior to providing a copy of the requested document to any 
        individual who--
                    ``(A) is not exempt under section 1028A(f); and
                    ``(B) is unable to provide the social security 
                number of the person who is the subject of the public 
                record.''.
    (b) 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.''.
    (c) Study; Report.--
            (1) In general.--The Attorney General shall conduct a study 
        and prepare a report on the feasibility, advisability, and cost 
        of imposing limitations or prohibitions on the use of social 
        security numbers in public records. The report shall include a 
        detailed description of the activities and results of the study 
        and such recommendations for legislative action as the Attorney 
        General considers appropriate.
            (2) Issues to be studied.--The study conducted under 
        paragraph (1) shall include--
                    (A) a review of the uses of social security numbers 
                in all types of public records;
                    (B) a review of the manner in which all types of 
                public records are stored (both electronically and on 
                paper);
                    (C) an analysis of the impact and costs of 
                redacting social security numbers on all types of 
                public records, including each of the types listed in 
                section 1028B(b)(1) of title 18, United States Code (as 
                added by this Act);
                    (D) a survey of the technologies available to 
                facilitate cost-efficient redaction of all types of 
                public records prior to the public display or 
                availability of such documents; and
                    (E) an analysis of the extent to which the public's 
                access to public records containing social security 
                numbers facilitates identity fraud.
            (3) Report.--The Attorney General shall report findings 
        under this subsection to Congress not later than 1 year after 
        the date of enactment of this Act.
    (d) Effective Date.--The prohibition with respect to public records 
shall not take effect until 3 years after the date of enactment of this 
Act.

SEC. 5. RULEMAKING AUTHORITY OF THE ATTORNEY GENERAL.

    (a) In General.--Except as provided in subsection (b), the Attorney 
General may prescribe such rules and regulations as the Attorney 
General deems necessary to carry out the provisions of section 3.
    (b) Business-to-Business and Business-to-Government 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 
        and business-to-government provisions pertaining to section 
        1028A(f)(5) of title 18, United States Code (as added by this 
        Act). The Attorney General shall ensure that these provisions 
        are consistent with the authorities of government entities and 
        legitimate businesses as set forth in section 1028A(f)(5) of 
        title 18, United States Code (as added by this Act), and shall 
        ensure that, where possible, 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 financial and other costs that businesses 
                of 50 or fewer employees may incur to comply with the 
                Act's prohibitions on the display, sale, and purchase 
                of social security numbers.
                    (C) The risk that a particular business practice 
                will promote the use of the social security number to 
                commit fraud, deception, or crime.
                    (D) 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.
                    (E) 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 display the social 
security account numbers issued by the Commissioner of Social Security, 
or any derivative of such numbers, on the face of 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, State, or local law requirement; 
                or
            ``(2) if the social security number is necessary to verify 
        the identity with respect to the specific transaction or 
        service requested by the consumer or to prevent fraud.
    ``(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).

SEC. 9. TRUNCATION OF CREDIT CARD ACCOUNT NUMBERS.

    (a) In General.--Except as provided in this section, no person, 
firm, partnership, association, corporation, or limited liability 
company that accepts credit cards for the transaction of business shall 
print more than the last 5 digits of the credit card account number or 
the expiration date upon any receipt provided to the cardholder.
    (b) Limitation.--This section--
            (1) applies only to receipts that are electronically 
        printed; and
            (2) does not apply to transactions in which the sole means 
        of recording the person's credit card account number is by 
        handwriting or by an imprint or copy of the credit card.
    (c) Effective Date.--This section shall become effective--
            (1) 4 years from the date of enactment of this Act, with 
        respect to any cash register or other machine or device that 
        electronically prints receipts for credit card transactions 
        that is in use prior to the date of enactment of this Act; and
            (2) 18 months from the date of enactment of this Act, with 
        respect to any cash register or other machine or device that 
        electronically prints receipts for credit card transactions 
        that is first put into use on or after the date of enactment of 
        this Act.
    (d) Effect on State Law.--Nothing in this section prevents a State 
from imposing requirements that are the same or substantially similar 
to the requirements of this section at any time before the effective 
date of this section.
                                 <all>