[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2971 Introduced in House (IH)]

<DOC>






108th CONGRESS
  1st Session
                                H. R. 2971

  To amend the Social Security Act to enhance Social Security account 
number privacy protections, to prevent fraudulent misuse of the Social 
 Security account number, and to otherwise enhance protection against 
                identity theft, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2003

Mr. Shaw (for himself, Mr. Matsui, Mr. Kleczka, Mr. Brady of Texas, Mr. 
   Becerra, Mr. English, Mr. Foley, Mr. Hayworth, Mr. Houghton, Mr. 
Jefferson, Mr. Sam Johnson of Texas, Mr. Levin, Mr. Lewis of Kentucky, 
   Mr. Lewis of Georgia, Mr. Neal of Massachusetts, Mr. Rangel, Mr. 
Sandlin, Mrs. Jones of Ohio, Ms. Baldwin, Mr. Bereuter, Mrs. Capps, Mr. 
Costello, Mr. Duncan, Mr. Filner, Mr. Frost, Ms. Hart, Mr. Hinchey, Mr. 
 Reynolds, Ms. Ros-Lehtinen, Mr. Saxton, and Mr. Wolf) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committees on Financial Services and Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Social Security Act to enhance Social Security account 
number privacy protections, to prevent fraudulent misuse of the Social 
 Security account number, and to otherwise enhance protection against 
                identity theft, and for other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Social Security 
Number Privacy and Identity Theft Prevention Act of 2003''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title and table of contents.
 TITLE I--PROVISIONS RELATING TO THE SOCIAL SECURITY ACCOUNT NUMBER IN 
                     THE PUBLIC AND PRIVATE SECTORS

Sec. 101. Restrictions on the sale or display to the general public of 
                            social security account numbers by 
                            governmental agencies.
Sec. 102. Regulatory authority of the Attorney General of the United 
                            States.
Sec. 103. Prohibition of display of social security account numbers on 
                            checks issued for payment by governmental 
                            agencies.
Sec. 104. Prohibition of the display of social security account numbers 
                            on driver's licenses or motor vehicle 
                            registrations.
Sec. 105. Prohibition of the display of personal identification numbers 
                            on employee identification cards or tags.
Sec. 106. Prohibition of inmate access to social security account 
                            numbers.
Sec. 107. Prohibition of the sale, purchase, or display to the general 
                            public of the social security account 
                            number in the private sector.
Sec. 108. Confidential treatment of credit header information.
Sec. 109. Refusal to do business without receipt of social security 
                            account number considered unfair or 
                            deceptive act or practice.
 TITLE II--MEASURES TO ENSURE THE INTEGRITY OF APPLICATIONS FOR SOCIAL 
     SECURITY ACCOUNT NUMBERS AND REPLACEMENT SOCIAL SECURITY CARDS

Sec. 201. Independent verification of birth records provided in support 
                            of applications for social security account 
                            numbers and replacement social security 
                            cards.
Sec. 202. Enumeration at birth.
Sec. 203. Study relating to use of photographic identification in 
                            connection with applications for benefits, 
                            social security account numbers, and social 
                            security cards.
Sec. 204. Restrictions on issuance of multiple replacement social 
                            security cards.
Sec. 205. Study relating to modification of the social security account 
                            numbering system to show work authorization 
                            status.
                         TITLE III--ENFORCEMENT

Sec. 301. New criminal penalties for misuse of social security account 
                            numbers.
Sec. 302. Extension of civil monetary penalty authority.
Sec. 303. Criminal penalties for employees of the Social Security 
                            Administration who knowingly and 
                            fraudulently issue social security cards or 
                            social security account numbers.
Sec. 304. Enhanced penalties in cases of terrorism, drug trafficking, 
                            crimes of violence, or prior offenses.

 TITLE I--PROVISIONS RELATING TO THE SOCIAL SECURITY ACCOUNT NUMBER IN 
                     THE PUBLIC AND PRIVATE SECTORS

SEC. 101. RESTRICTIONS ON THE SALE OR DISPLAY TO THE GENERAL PUBLIC OF 
              SOCIAL SECURITY ACCOUNT NUMBERS BY GOVERNMENTAL AGENCIES.

    (a) In General.--Section 205(c)(2)(C) of the Social Security Act 
(42 U.S.C. 405(c)(2)(C)) is amended by adding at the end the following 
new clause:
    ``(x)(I) An executive, legislative, or judicial agency or 
instrumentality of the Federal Government or of a State or a political 
subdivision thereof or trustee appointed in a case under title 11, 
United States Code (or person acting as an agent of such an agency or 
instrumentality or trustee) in possession of any individual's social 
security account number may not sell or display to the general public 
such number. Notwithstanding the preceding sentence, such number may be 
sold or displayed to the general public in accordance with the 
exceptions specified in subclauses (II), (III), (IV), (V), and (VI) 
(and for no other purpose).
    ``(II) Notwithstanding subclause (I), a social security account 
number may be sold by an agency, instrumentality, trustee, or agent 
referred to in subclause (I) to the extent that such sale is 
specifically authorized by this Act.
    ``(III) Notwithstanding subclause (I), a social security account 
number may be sold or displayed to the general public by an agency, 
instrumentality, trustee, or agent referred to in subclause (I) to the 
extent that is necessary or appropriate for law enforcement or national 
security purposes, as determined under regulations which shall be 
issued by the Attorney General of the United States under subparagraph 
(I).
    ``(IV) Notwithstanding subclause (I), a social security account 
number may be sold by a State department of motor vehicles as 
authorized under subsection (b) of section 2721 of title 18, United 
States Code, if such number is to be used pursuant to such sale solely 
for purposes permitted under paragraph (1), (6), or (9) of such 
subsection.
    ``(V) Notwithstanding subclause (I), a social security account 
number may be sold or otherwise made available by an agency, 
instrumentality, trustee, or agent referred to in subclause (I) to a 
consumer reporting agency, as defined in section 603(f) of the Fair 
Credit Reporting Act (15 U.S.C. 1618a(f)), exclusively for use in 
accordance with such Act.
    ``(VI) Notwithstanding subclause (I), a social security account 
number may be sold or displayed to the general public by an agency, 
instrumentality, trustee, or agent referred to in subclause (I) under 
such other circumstances as the Attorney General of the United States 
may determine appropriate in regulations issued under subparagraph (I).
    ``(VII) This clause does not apply with respect to a social 
security account number of a deceased individual.
    ``(VIII) For purposes of this clause, the term `sell' means, in 
connection with a social security account number, to accept an item of 
material value in exchange for such number.
    ``(IX) For purposes of this clause, the term `display to the 
general public' shall have the meaning provided such term in section 
208A(a)(3).
    ``(X) For purposes of this clause, the term `social security 
account number' includes any derivative of such number.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 1 year after the date of the issuance by the Attorney General of 
the United States of final regulations under section 205(c)(2)(I) of 
the Social Security Act (added by section 102). Such amendment shall 
apply in the case of displays to the general public, as defined in 
section 208A(a)(3) of such Act (added by section 107), to such displays 
originally occurring after such 1-year period.

SEC. 102. REGULATORY AUTHORITY OF THE ATTORNEY GENERAL OF THE UNITED 
              STATES.

    (a) In General.--Section 205(c)(2) of the Social Security Act (42 
U.S.C. 405(c)(2)) is amended by adding at the end the following new 
subparagraph:
    ``(I)(i) Regulations issued by the Attorney General of the United 
States pursuant to subclauses (III) and (VI) of subparagraph (C)(x) and 
paragraphs (1), (2), and (7) of section 208A(c) shall be issued in 
accordance with section 553 of title 5, United States Code. In issuing 
such regulations, the Attorney General shall consult with the 
Commissioner of Social Security, the Secretary of Homeland Security, 
the Federal Trade Commission, State attorneys general, and such other 
governmental agencies and instrumentalities as the Attorney General of 
the United States considers appropriate.
    ``(ii) In issuing the regulations described in clause (i) pursuant 
to the provisions of subparagraph (C)(x)(III) or paragraph (1) or (2) 
of section 208A(c) (relating to law enforcement and national security), 
the Attorney General may authorize the sale, purchase, or display to 
the general public of social security account numbers only if the 
Attorney General determines that--
            ``(I) such sale, purchase, or display would serve a 
        compelling public interest that cannot reasonably be served 
        through alternative measures, and
            ``(II) such sale, purchase, or display will not pose an 
        undue risk of bodily, emotional, or financial harm to an 
        individual (taking into account any restrictions and conditions 
        that the Attorney General imposes on the sale, purchase, or 
        disclosure).
    ``(iii) If the Attorney General authorizes the sale, purchase, or 
display to the general public of social security account numbers, in 
regulations issued pursuant to subparagraph (C)(x)(VI) or section 
208A(c)(7) (relating to matters other than law enforcement or national 
security), the Attorney General shall impose restrictions and 
conditions on the sale, purchase, or display to the general public to 
the extent necessary--
            ``(I) to provide reasonable assurances that social security 
        account numbers will not be used to commit or facilitate fraud, 
        deception, or crime, and
            ``(II) to prevent an undue risk of bodily, emotional, or 
        financial harm to an individual.
    ``(iv) For purposes of clause (iii), the Attorney General shall 
consider, among other relevant factors--
            ``(I) the cost or burden to the general public, businesses, 
        commercial enterprises, non-profit organizations, and to 
        Federal, State, and local governments of complying with the 
        restrictions and conditions imposed by the Attorney General;
            ``(II) the benefit to the general public, businesses, 
        commercial enterprises, non-profit associations, and to 
        Federal, State, and local governments derived from the 
        imposition of such restrictions and conditions; and
            ``(III) in connection with subclause (II) of clause (iii), 
        the nature, likelihood, and severity of the anticipated harm 
        described in such subclause that could result from the sale, 
        purchase, or display to the general public of social security 
        account numbers, together with the nature, likelihood, and 
        extent of any benefits that could be realized therefrom.
    ``(v) For purposes of this subparagraph, the terms `sell', 
`purchase', and `display to the general public' shall have the meanings 
provided such terms under section 208A(a).
    ``(vi) For purposes of this subparagraph, the term `social security 
account number' includes any derivative of such number.''.
    (b) Regulations.--The Attorney General of the United States shall 
promulgate regulations required under this section not later than 1 
year after the date of the enactment of this Act.

SEC. 103. PROHIBITION OF DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS ON 
              CHECKS ISSUED FOR PAYMENT BY GOVERNMENTAL AGENCIES.

    (a) In General.--Section 205(c)(2)(C) of the Social Security Act 
(42 U.S.C. 405(c)(2)(C)) (as amended by section 101) is amended further 
by adding at the end the following new clause:
    ``(xi) No executive, legislative, or judicial agency or 
instrumentality of the Federal Government or of a State or a political 
subdivision thereof or trustee appointed in a case under title 11, 
United States Code (or person acting as an agent of such an agency or 
instrumentality or trustee) may include the social security account 
number of any individual on any check issued for any payment by the 
Federal Government, any State or political subdivision thereof, or any 
agency or instrumentality thereof, or such trustee or on any document 
attached to or accompanying such a check.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to checks (and documents attached to or accompanying such 
checks) issued after 1 year after the date of the enactment of this 
Act.

SEC. 104. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS 
              ON DRIVER'S LICENSES OR MOTOR VEHICLE REGISTRATIONS.

    (a) In General.--Section 205(c)(2)(C)(vi) of the Social Security 
Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended--
            (1) by inserting ``(I)'' after ``(vi)''; and
            (2) by adding at the end the following new subclause:
    ``(II) A State or political subdivision thereof (and any person 
acting as an agent of such an agency or instrumentality), in the 
administration of any driver's license or motor vehicle registration 
law within its jurisdiction, may not display the social security 
account numbers issued by the Commissioner of Social Security, or any 
derivative of such numbers, on any driver's license or motor vehicle 
registration or any other document issued by such State or political 
subdivision to an individual for purposes of identification of such 
individual.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to licenses, registrations, and other documents 
issued or reissued after 1 year after the date of the enactment of this 
Act.

SEC. 105. PROHIBITION OF THE DISPLAY OF PERSONAL IDENTIFICATION NUMBERS 
              ON EMPLOYEE IDENTIFICATION CARDS OR TAGS.

    (a) In General.--Section 205(c)(2)(C) of the Social Security Act 
(42 U.S.C. 405(c)(2)(C)) (as amended by the preceding provisions of 
this title) is amended further by adding at the end the following new 
clause:
    ``(xii) No employer (including any executive, legislative, or 
judicial agency or instrumentality of the Federal Government or of a 
State or political subdivision thereof), and no person offering 
benefits in connection with an employee benefit plan maintained by such 
employer or acting as an agent of such employer, may display the social 
security account number (or any derivative of such number) on any card 
or tag that is commonly provided to employees of such employer (or to 
their family members) for purposes of identification.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to cards or tags issued after 1 year after the date of the 
enactment of this Act.

SEC. 106. PROHIBITION OF INMATE ACCESS TO SOCIAL SECURITY ACCOUNT 
              NUMBERS.

    (a) In General.--Section 205(c)(2)(C) of the Social Security Act 
(42 U.S.C. 405(c)(2)(C)) (as amended by the preceding provisions of 
this title) is amended further by adding at the end the following new 
clause:
    ``(xiv) No executive, legislative, or judicial agency or 
instrumentality of the Federal Government or of a State or political 
subdivision thereof (or person acting as an agent of such an agency or 
instrumentality) may employ, or enter into a contract for the use or 
employment of, prisoners in any capacity that would allow such 
prisoners access to the social security account numbers of other 
individuals. For purposes of this clause, the term `prisoner' means an 
individual confined in a jail, prison, or other penal institution or 
correctional facility.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendment made by this section shall apply with respect to 
        employment of prisoners, or entry into contract for the use or 
        employment of prisoners, on or after the date of the enactment 
        of this Act.
            (2) Treatment of current arrangements.--In the case of--
                    (A) prisoners employed as described in clause (xiv) 
                of section 205(c)(2)(C) of the Social Security Act (as 
                added by this section) on the date of the enactment of 
                this Act, and
                    (B) contracts described in such clause in effect on 
                such date,
        the amendment made by this section shall take effect 90 days 
        after the date of the enactment of this Act.

SEC. 107. PROHIBITION OF THE SALE, PURCHASE, OR DISPLAY TO THE GENERAL 
              PUBLIC OF THE SOCIAL SECURITY ACCOUNT NUMBER IN THE 
              PRIVATE SECTOR.

    (a) In General.--Title II of the Social Security Act is amended by 
inserting after section 208 (42 U.S.C. 408) the following new section:

 ``prohibition of the sale, purchase, or display to the general public 
      of the social security account number in the private sector

    ``Sec. 208A. (a) Definitions.--In this section:
            ``(1) Person.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `person' means any individual, partnership, 
                corporation, trust, estate, cooperative, association, 
                or any other entity.
                    ``(B) Governmental entities.--Such term does not 
                include a governmental entity. Nothing in this 
                subparagraph shall be construed to authorize, in 
                connection with a governmental entity, an act or 
                practice otherwise prohibited under this section or 
                section 205(c)(2)(C).
            ``(2) Selling and Purchasing.--
                    ``(A) In general.--Subject to subparagraph (B)--
                            ``(i) Sell.--The term `sell' in connection 
                        with a social security account number means to 
                        obtain, directly or indirectly, anything of 
                        value in exchange for such number.
                            ``(ii) Purchase.--The term `purchase' in 
                        connection with a social security account 
                        number means to provide, directly or 
                        indirectly, anything of value in exchange for 
                        such number.
                    ``(B) Exceptions.--The terms `sell' and `purchase' 
                in connection with a social security account number do 
                not include the submission of such number as part of--
                            ``(i) the process for applying for any type 
                        of Government benefits or programs (such as 
                        grants or loans or welfare or other public 
                        assistance programs), or
                            ``(ii) the administration of, or provision 
                        of benefits under, an employee benefit plan.
            ``(3) Display to the general public.--The term `display to 
        the general public' means, in connection with a social security 
        account number, to intentionally place such number in a 
        viewable manner on an Internet site that is available to the 
        general public or to make such number available in any other 
        manner intended to provide access to such number by the general 
        public.
            ``(4) Social security account number.--The term `social 
        security account number' has the meaning given such term in 
        section 208(c).
    ``(b) Prohibition.--Except as provided in subsection (c), it shall 
be unlawful for any person to--
            ``(1) sell or purchase a social security account number or 
        display to the general public a social security account number 
        or any derivative thereof, or
            ``(2) obtain or use any individual's social security 
        account number for the purpose of locating or identifying such 
        individual with the intent to physically injure or harm such 
        individual or using the identity of such individual for any 
        illegal purpose.
    ``(c) Exceptions.--
            ``(1) In general.--Notwithstanding subsection (b), a social 
        security account number may be sold, purchased, or displayed to 
        the general public by any person to the extent provided in this 
        subsection (and for no other purpose) as follows:
                    ``(A) to the extent necessary for law enforcement, 
                including (but not limited to) the enforcement of a 
                child support obligation, as determined under 
                regulations of the Attorney General of the United 
                States issued under section 205(c)(2)(I);
                    ``(B) to the extent necessary for national security 
                purposes, as determined under regulations of the 
                Attorney General of the United States issued under 
                section 205(c)(2)(I);
                    ``(C) to the extent necessary for public health 
                purposes;
                    ``(D) to the extent necessary in emergency 
                situations to protect the health or safety of 1 or more 
                individuals;
                    ``(E) to the extent necessary for research 
                conducted for the purpose of advancing public 
                knowledge, on the condition that the researcher 
                provides adequate assurances that--
                            ``(i) the social security account numbers 
                        will not be used to harass, target, or publicly 
                        reveal information concerning any identifiable 
                        individuals;
                            ``(ii) information about identifiable 
                        individuals obtained from the research will not 
                        be used to make decisions that directly affect 
                        the rights, benefits, or privileges of specific 
                        individuals; and
                            ``(iii) the researcher has in place 
                        appropriate safeguards to protect the privacy 
                        and confidentiality of any information about 
                        identifiable individuals;
                    ``(F) to the extent consistent with an individual's 
                voluntary and affirmative written consent to the sale, 
                purchase, or display to the general public of a social 
                security account number that has been assigned to that 
                individual; and
                    ``(G) under such other circumstances as the 
                Attorney General of the United States may determine 
                appropriate in regulations issued under section 
                205(c)(2)(I).
            ``(2) Deceased individuals.--This section does not apply 
        with respect to the social security account number of a 
        deceased individual.
    ``(d) Criminal Penalty.--Any person who violates this section shall 
be guilty of a felony and upon conviction thereof shall be fined under 
title 18, United States Code, or imprisoned for not more than 5 years, 
or both.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to violations occurring after 1 year after the date of the 
issuance by the Attorney General of the United States of final 
regulations under section 205(c)(2)(I) of the Social Security Act 
(added by section 102).

SEC. 108. CONFIDENTIAL TREATMENT OF CREDIT HEADER INFORMATION.

    (a) In General.--Section 603 of the Fair Credit Reporting Act (15 
U.S.C. 1681a) is amended by adding at the end the following new 
subsection:
    ``(q) Confidential Treatment of Credit Header Information.--
Information regarding the social security account number of the 
consumer, or any derivative thereof, may not be furnished to any person 
by a consumer reporting agency other than in a full consumer report 
furnished in accordance with section 604 and other requirements of this 
title.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 90 days after the date of the enactment of this Act.

SEC. 109. REFUSAL TO DO BUSINESS WITHOUT RECEIPT OF SOCIAL SECURITY 
              ACCOUNT NUMBER CONSIDERED UNFAIR OR DECEPTIVE ACT OR 
              PRACTICE.

    (a) In General.--Any person who refuses to do business with an 
individual because the individual will not consent to the receipt by 
such person of the social security account number of such individual 
shall be considered to have committed an unfair or deceptive act or 
practice in violation of section 5 of the Federal Trade Commission Act 
(15 U.S.C. 45). Action may be taken under such section 5 against such a 
person.
    (b) Exception.--Subsection (a) shall not apply to any person in any 
case in which such person is expressly required under Federal law, in 
connection with doing business with an individual, to submit to the 
Federal Government such individual's social security account number.
    (c) Effective Date.--The preceding provisions of this section shall 
apply with respect to acts or practices committed after 180 days after 
the date of the enactment of this Act.

 TITLE II--MEASURES TO ENSURE THE INTEGRITY OF APPLICATIONS FOR SOCIAL 
     SECURITY ACCOUNT NUMBERS AND REPLACEMENT SOCIAL SECURITY CARDS

SEC. 201. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED IN SUPPORT 
              OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS.

    (a) Applications for Social Security Account Numbers.--Section 
205(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 
405(c)(2)(B)(ii)) is amended--
            (1) by inserting ``(I)'' after ``(ii)''; and
            (2) by adding at the end the following new subclause:
    ``(II) With respect to an application for a social security account 
number for an individual, other than for purposes of enumeration at 
birth, the Commissioner shall require independent verification of any 
birth record provided by the applicant in support of the application. 
The Commissioner may provide by regulation for reasonable exceptions 
from the requirement for independent verification under this subclause 
in any case in which the Commissioner determines there is minimal 
opportunity for fraud.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to applications filed after 180 days after the date 
of the enactment of this Act.
    (c) Study Regarding Applications for Replacement Social Security 
Cards.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act, the Commissioner of Social Security 
        shall undertake a study to test the feasibility and cost 
        effectiveness of verifying all identification documents 
        submitted by an applicant for a replacement social security 
        card. As part of such study, the Commissioner shall determine 
        the feasibility of, and the costs associated with, the 
        development of appropriate electronic processes for third party 
        verification of any such identification documents which are 
        issued by agencies and instrumentalities of the Federal 
        Government and of the States (and political subdivisions 
        thereof).
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Commissioner shall report to the 
        Committee on Ways and Means of the House of Representatives and 
        the Committee on Finance of the Senate regarding the results of 
        the study undertaken under paragraph (1). Such report shall 
        contain such recommendations for legislative changes as the 
        Commissioner considers necessary to implement needed 
        improvements in the process for verifying identification 
        documents submitted by applicants for replacement social 
        security cards.

SEC. 202. ENUMERATION AT BIRTH.

    (a) Improvement of Application Process.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act, the Commissioner of Social Security 
        shall undertake to make improvements to the enumeration at 
        birth program for the issuance of social security account 
        numbers to newborns. Such improvements shall be designed to 
        prevent--
                    (A) the assignment of social security account 
                numbers to unnamed children;
                    (B) the issuance of more than 1 social security 
                account number to the same child; and
                    (C) other opportunities for fraudulently obtaining 
                a social security account number.
            (2) Report to the congress.--Not later than 180 days after 
        the date of the enactment of this Act, the Commissioner shall 
        transmit to each House of the Congress a report specifying in 
        detail the extent to which the improvements required under 
        paragraph (1) have been made.
    (b) Study Regarding Process for Enumeration at Birth.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act, the Commissioner of Social Security 
        shall undertake a study to determine the most efficient options 
        for ensuring the integrity of the process for enumeration at 
        birth. Such study shall include an examination of available 
        methods for reconciling hospital birth records with birth 
        registrations submitted to agencies of States and political 
        subdivisions thereof and with information provided to the 
        Commissioner as part of the process for enumeration at birth.
            (2) Report.--Not later than 18 months after the date of the 
        enactment of this Act, the Commissioner shall report to the 
        Committee on Ways and Means of the House of Representatives and 
        the Committee on Finance of the Senate regarding the results of 
        the study undertaken under paragraph (1). Such report shall 
        contain such recommendations for legislative changes as the 
        Commissioner considers necessary to implement needed 
        improvements in the process for enumeration at birth.

SEC. 203. STUDY RELATING TO USE OF PHOTOGRAPHIC IDENTIFICATION IN 
              CONNECTION WITH APPLICATIONS FOR BENEFITS, SOCIAL 
              SECURITY ACCOUNT NUMBERS, AND SOCIAL SECURITY CARDS.

    (a) In General.--As soon as practicable after the date of the 
enactment of this Act, the Commissioner of Social Security shall 
undertake a study to--
            (1) determine the best method of requiring and obtaining 
        photographic identification of applicants for old-age, 
        survivors, and disability insurance benefits under title II of 
        the Social Security Act, for a social security account number, 
        or for a replacement social security card, and of providing for 
        reasonable exceptions to any requirement for photographic 
        identification of such applicants that may be necessary to 
        promote efficient and effective administration of this title, 
        and
            (2) evaluate the benefits and costs of instituting such a 
        requirement for photographic identification, including the 
        degree to which the security and integrity of the old-age, 
        survivors, and disability insurance program would be enhanced.
    (b) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Commissioner shall report to the Committee 
on Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate regarding the results of the study undertaken 
under paragraph (1). Such report shall contain such recommendations for 
legislative changes as the Commissioner considers necessary relating to 
requirements for photographic identification of applicants described in 
subsection (a).

SEC. 204. RESTRICTIONS ON ISSUANCE OF MULTIPLE REPLACEMENT SOCIAL 
              SECURITY CARDS.

    (a) In General.--Section 205(c)(2)(G) of the Social Security Act 
(42 U.S.C. 405(c)(2)(G)) is amended by adding at the end the following 
new sentence: ``The Commissioner shall by regulation restrict the 
issuance of multiple replacement social security cards to any 
individual to minimize fraud.''.
    (b) Regulations and Effective Date.--The Commissioner of Social 
Security shall issue regulations required under the amendment made by 
subsection (a) not later than 180 days after the date of the enactment 
of this Act. Systems controls developed by the Commissioner pursuant to 
such amendment shall take effect upon the issuance of such regulations.

SEC. 205. STUDY RELATING TO MODIFICATION OF THE SOCIAL SECURITY ACCOUNT 
              NUMBERING SYSTEM TO SHOW WORK AUTHORIZATION STATUS.

    (a) In General.--As soon as practicable after the date of the 
enactment of this Act, the Commissioner of Social Security, in 
consultation with the Secretary of Homeland Security, shall undertake a 
study to examine the best method of modifying the social security 
account number assigned to individuals who--
            (1) are not citizens of the United States,
            (2) have not been admitted for permanent residence, and
            (3) are not authorized by the Secretary of Homeland 
        Security to work in the United States, or are so authorized 
        subject to one or more restrictions,
so as to include an indication of such lack of authorization to work or 
such restrictions on such an authorization.
    (b) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Commissioner shall report to the Committee 
on Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate regarding the results of the study undertaken 
under this section. Such report shall include the Commissioner's 
recommendations of feasible options for modifying the social security 
account number in the manner described in subsection (a).

                         TITLE III--ENFORCEMENT

SEC. 301. NEW CRIMINAL PENALTIES FOR MISUSE OF SOCIAL SECURITY ACCOUNT 
              NUMBERS.

    (a) In General.--Section 208(a) of the Social Security Act (42 
U.S.C. 408(a)) is amended--
            (1) in paragraph (7), by adding after subparagraph (C) the 
        following new subparagraph:
                    ``(D) with intent to deceive, discloses, sells, or 
                transfers his own social security account number, 
                assigned to him by the Commissioner of Social Security 
                (in the exercise of the Commissioner's authority under 
                section 205(c)(2) to establish and maintain records), 
                to any person; or'';
            (2) in paragraph (8), by adding ``or'' at the end; and
            (3) by inserting after paragraph (8) the following new 
        paragraphs:
            ``(9) without lawful authority, offers, for a fee, to 
        acquire for any individual, or to assist in acquiring for any 
        individual, an additional social security account number or a 
        number that purports to be a social security account number; or
            ``(10) willfully acts or fails to act so as to cause a 
        violation of section 205(c)(2)(C)(xii); or
            ``(11) being an officer or employee of any executive, 
        legislative, or judicial agency or instrumentality of the 
        Federal Government or of a State or political subdivision 
        thereof (or a person acting as an agent of such an agency or 
        instrumentality) in possession of any individual's social 
        security account number (or an officer or employee thereof or a 
        person acting as an agent thereof), willfully acts or fails to 
        act so as to cause a violation of clause (vi)(II), (x), (xi), 
        (xii), (xiii), or (xiv) of section 205(c)(2)(C); or
            ``(12) being a trustee appointed in a case under title 11, 
        United States Code (or an officer or employee thereof or a 
        person acting as an agent thereof), willfully acts or fails to 
        act so as to cause a violation of clause (x) or (xi) of section 
        205(c)(2)(C);''.
    (b) Effective Dates.--Paragraphs (7)(D) and (9) of section 208(a) 
of the Social Security Act (added by subsection (a)(2)) shall apply 
with respect to each violation occurring after the date of the 
enactment of this Act. Paragraphs (10), (11), and (12) of section 
208(a) of such Act (added by subsection (a)(2)) shall apply with 
respect to each violation occurring on or after the effective date 
applicable with respect to such violation under title I.

SEC. 302. EXTENSION OF CIVIL MONETARY PENALTY AUTHORITY.

    (a) Application of Civil Money Penalties to Elements of Criminal 
Violations.--Section 1129(a) of the Social Security Act (42 U.S.C. 
1320a098(a)) is amended--
            (1) by redesignating paragraph (2) as paragraph (4);
            (2) by designating the last sentence of paragraph (1) as a 
        new paragraph (2), appearing after and below paragraph (1); and
            (3) by inserting after paragraph (2) (as designated under 
        paragraph (2) of this subsection) the following:
    ``(3) Any person (including an organization, agency, or other 
entity) who--
            ``(A) uses a social security account number that such 
        person knows or should know has been assigned by the 
        Commissioner of Social Security (in an exercise of authority 
        under section 205(c)(2) to establish and maintain records) on 
        the basis of false information furnished to the Commissioner by 
        any person;
            ``(B) falsely represents a number to be the social security 
        account number assigned by the Commissioner of Social Security 
        to any individual, when such person knows or should know that 
        such number is not the social security account number assigned 
        by the Commissioner to such individual;
            ``(C) knowingly alters a social security card issued by the 
        Commissioner of Social Security, or possesses such a card with 
        intent to alter it;
            ``(D) knowingly buys or sells a card that is, or purports 
        to be, a card issued by the Commissioner of Social Security, or 
        possesses such a card with intent to buy or sell it;
            ``(E) counterfeits a social security card, or possesses a 
        counterfeit social security card with intent to buy or sell it;
            ``(F) discloses, uses, compels the disclosure of, or 
        knowingly sells or purchases the social security account number 
        of any person in violation of the laws of the United States;
            ``(G) with intent to deceive the Commissioner of Social 
        Security as to such person's true identity (or the true 
        identity of any other person), furnishes or causes to be 
        furnished false information to the Commissioner with respect to 
        any information required by the Commissioner in connection with 
        the establishment and maintenance of the records provided for 
        in section 205(c)(2);
            ``(H) without lawful authority, offers, for a fee, to 
        acquire for any individual, or to assist in acquiring for any 
        individual, an additional social security account number or a 
        number which purports to be a social security account number;
            ``(I) with intent to deceive, discloses, sells, or 
        transfers his own social security account number, assigned to 
        him by the Commissioner of Social Security under section 
        205(c)(2)(B), to any person;
            ``(J) willfully acts or fails to act so as to cause a 
        violation of section 205(c)(2)(C)(xii);
            ``(K) being an officer or employee of any executive, 
        legislative, or judicial agency or instrumentality of the 
        Federal Government or of a State or political subdivision 
        thereof (or a person acting as an agent of such an agency or 
        instrumentality) (or an officer or employee thereof or a person 
        acting as an agent thereof), in possession of any individual's 
        social security account number, willfully acts or fails to act 
        so as to cause a violation of clause (vi)(II), (x), (xi), 
        (xii), (xiii), or (xiv) of section 205(c)(2)(C);
            ``(L) being a trustee appointed in a case under title 11, 
        United States Code (or an officer or employee thereof or a 
        person acting as an agent thereof), willfully acts or fails to 
        act so as to cause a violation of clause (x) or (xi) of section 
        205(c)(2)(C);
            ``(M) violates section 208A (relating to prohibition of the 
        sale, purchase, or display of the social security account 
        number in the private sector); or
            ``(N) violates section 208B (relating to fraud by social 
        security administration employees);
shall be subject to, in addition to any other penalties that may be 
prescribed by law, a civil money penalty of not more than $5,000 for 
each violation. Such person shall also be subject to an assessment, in 
lieu of damages sustained by the United States resulting from such 
violation, of not more than twice the amount of any benefits or 
payments paid as a result of such violation.''.
    (b) Effective Dates.--The amendments made by this section shall 
apply with respect to violations committed after the date of the 
enactment of this Act, except that subparagraphs (J), (K), and (L) of 
section 1129(a)(3) of the Social Security Act (added by subsection (a)) 
shall apply with respect to violations occurring on or after the 
effective date provided in connection with such violations under title 
I.

SEC. 303. CRIMINAL PENALTIES FOR EMPLOYEES OF THE SOCIAL SECURITY 
              ADMINISTRATION WHO KNOWINGLY AND FRAUDULENTLY ISSUE 
              SOCIAL SECURITY CARDS OR SOCIAL SECURITY ACCOUNT NUMBERS.

    (a) In General.--Title II of the Social Security Act (as amended by 
the preceding provisions of this Act) is amended further by inserting 
after section 208A the following new section:

          ``fraud by social security administration employees

    ``Sec. 208B. (a) Whoever is an employee of the Social Security 
Administration and knowingly and fraudulently sells or transfers one or 
more social security account numbers or social security cards shall be 
guilty of a felony and upon conviction thereof shall be fined under 
title 18, United States Code, imprisoned as provided in subsection (b), 
or both.
    ``(b) Imprisonment for a violation described in subsection (a) 
shall be for--
            ``(1) not less than 1 year and up to 5 years, in the case 
        of an employee of the Social Security Administration who has 
        fraudulently sold or transferred not more than 50 social 
        security account numbers or social security cards,
            ``(2) not less than 5 years and up to 10 years, in the case 
        of an employee of the Social Security Administration who has 
        fraudulently sold or transferred more than 50, but not more 
        than 100, social security account numbers or social security 
        cards, or
            ``(3) not less than 10 years and up to 20 years, in the 
        case of an employee of the Social Security Administration who 
        has fraudulently sold or transferred more than 100 social 
        security account numbers or social security cards.
    ``(c) For purposes of this section--
            ``(1) The term `social security employee' means any 
        officer, employee, or contractor of the Social Security 
        Administration, any employee of such a contractor (including 
        any State employee of a disability determination service), or 
        any volunteer providing services or assistance in any facility 
        of the Social Security Administration.
            ``(2) The term `social security account number' means a 
        social security account number assigned by the Commissioner of 
        Social Security under section 205(c)(2)(B) or another number 
        that has not been so assigned but is purported to have been so 
        assigned.
            ``(3) The term `social security card' means a card issued 
        by the Commissioner of Social Security under section 
        205(c)(2)(G), another card which has not been so issued but is 
        purported to have been so issued, and banknote paper of the 
        type described in section 205(c)(2)(G) prepared for the entry 
        of social security account numbers, whether fully completed or 
        not.
    ``(c) Any employee of the Social Security Administration who 
attempts or conspires to commit any violation of this section shall be 
subject to the same penalties as those prescribed for the violation the 
commission of which was the object of the attempt or conspiracy.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to violations occurring on or after the date of the 
enactment of this Act.

SEC. 304. ENHANCED PENALTIES IN CASES OF TERRORISM, DRUG TRAFFICKING, 
              CRIMES OF VIOLENCE, OR PRIOR OFFENSES.

    (a) Amendments to Title II.--Section 208 of the Social Security Act 
(42 U.S.C. 408) is amended--
            (1) in subsection (a), by striking ``shall be fined'' and 
        all that follows and inserting the following: ``shall be fined, 
        imprisoned, or both, as provided in subsection (b).'';
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively;
            (3) by inserting after subsection (a) the following new 
        subsection:
    ``(b) A person convicted of a violation described in subsection (a) 
shall be--
            ``(1) fined under title 18, United States Code, or 
        imprisoned for not more than 5 years, or both, in the case of 
        an initial violation, subject to paragraphs (3) and (4),
            ``(2) fined under title 18, United States Code, or 
        imprisoned for not more than 10 years, or both, in the case of 
        a violation which occurs after a prior conviction for another 
        offense under subsection (a) becomes final, subject to 
        paragraphs (3) and (4),
            ``(3) fined under title 18, United States Code, or 
        imprisoned for not more than 20 years, in the case of a 
        violation which is committed to facilitate a drug trafficking 
        crime (as defined in section 929(a)(2) of title 18, United 
        States Code) or in connection with a crime of violence (as 
        defined in section 924(c)(3) of title 18, United States Code), 
        subject to paragraph (4), and
            ``(4) fined under title 18, United States Code, or 
        imprisoned for not more than 25 years, in the case of a 
violation which is committed to facilitate an act of international or 
domestic terrorism (as defined in paragraphs (1) and (5), respectively, 
of section 2331 of title 18, United States Code).''; and
            (4) in subsection (c) (as redesignated by paragraph (2))--
                    (A) by striking the first sentence; and
                    (B) in the second sentence, by striking ``any 
                violation described in the preceding sentence, 
                including a first such violation'' and inserting ``a 
                violation of any of the provisions of this section 
                committed by any person or other entity in the role of 
                such person or entity as, or in applying to become, a 
                certified payee under section 205(j) on behalf of 
                another individual (other than such person's spouse)''.
    (b) Amendments to Title VIII.--Section 811 of such Act (42 U.S.C. 
1011) is amended--
            (1) in subsection (a), by striking ``shall be fined'' and 
        all that follows and inserting ``shall be fined, imprisoned, or 
        both, as provided in subsection (b).'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Punishment.--A person convicted of a violation described in 
subsection (a) shall be--
            ``(1) fined under title 18, United States Code, or 
        imprisoned for not more than 5 years, or both, in the case of 
        an initial violation, subject to paragraphs (3) and (4),
            ``(2) fined under title 18, United States Code, or 
        imprisoned for not more than 10 years, or both, in the case of 
        a violation which occurs after a prior conviction for another 
        offense under subsection (a) becomes final, subject to 
        paragraphs (3) and (4),
            ``(3) fined under title 18, United States Code, or 
        imprisoned for not more than 20 years, in the case of a 
        violation which is committed to facilitate a drug trafficking 
        crime (as defined in section 929(a)(2) of title 18, United 
        States Code) or in connection with a crime of violence (as 
        defined in section 924(c)(3) of title 18, United States Code), 
        subject to paragraph (4), and
            ``(4) fined under title 18, United States Code, or 
        imprisoned for not more than 25 years, in the case of a 
        violation which is committed to facilitate an act of 
        international or domestic terrorism (as defined in paragraphs 
        (1) and (5), respectively, of section 2331 of title 18, United 
        States Code).''.
    (c) Amendments to Title XVI.--Section 1632 of such Act (42 U.S.C. 
1383a) is amended--
            (1) in subsection (a), by striking ``shall be fined'' and 
        all that follows and inserting ``shall be fined, imprisoned, or 
        both, as provided in subsection (b).'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following new 
        subsection:
    ``(b) A person convicted of a violation described in subsection (a) 
shall be--
            ``(1) fined under title 18, United States Code, or 
        imprisoned for not more than 5 years, or both, in the case of 
        an initial violation, subject to paragraphs (3) and (4),
            ``(2) fined under title 18, United States Code, or 
        imprisoned for not more than 10 years, or both, in the case of 
        a violation which occurs after a prior conviction for another 
        offense under subsection (a) becomes final, subject to 
        paragraphs (3) and (4),
            ``(3) fined under title 18, United States Code, or 
        imprisoned for not more than 20 years, in the case of a 
        violation which is committed to facilitate a drug trafficking 
        crime (as defined in section 929(a)(2) of title 18, United 
        States Code) or in connection with a crime of violence (as 
        defined in section 924(c)(3) of title 18, United States Code), 
        subject to paragraph (4), and
            ``(4) fined under title 18, United States Code, or 
        imprisoned for not more than 25 years, in the case of a 
        violation which is committed to facilitate an act of 
        international or domestic terrorism (as defined in paragraphs 
        (1) and (5), respectively, of section 2331 of title 18, United 
        States Code).''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to violations occurring after the date of the 
enactment of this Act.