[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2801 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2801

  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 SENATE OF THE UNITED STATES

                           September 14, 2004

Mrs. Feinstein introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 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 2004''.
    (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.
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 government employee identification cards 
                            or tags.
Sec. 106. Prohibition of inmate access to Social Security account 
                            numbers.
Sec. 107. Measures to preclude unauthorized disclosure of Social 
                            Security account numbers and protect the 
                            confidentiality of such numbers.
Sec. 108. Prohibition of sale, purchase, and display to the general 
                            public of the Social Security account 
                            number in the private sector.
Sec. 109. Confidential treatment of credit header information.
Sec. 110. 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.
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 a 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 not sell or display to the general 
public any Social Security account number if such number has been 
disclosed to such agency, instrumentality, trustee, or agent pursuant 
to the assertion by such an agency, instrumentality, trustee, or agent 
to any person that disclosure of such number is mandatory. 
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), (VI), (VII), and (VIII) 
(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 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 as provided in 
subparagraph (I) of this paragraph.
    ``(IV) 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 required 
to comply with a tax law of the United States or of any State (or 
political subdivision thereof).
    ``(V) 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.
    ``(VI) 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. 1681a(f))) for use or disclosure solely 
for permissible purposes described in section 604(a) of such Act (15 
U.S.C. 1681b(a)).
    ``(VII) 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 necessary for research 
(other than market research) conducted by any agency or instrumentality 
referred to in subclause (I) (or an agent of such an agency or 
instrumentality) for the purpose of advancing the public good, on the 
condition that the researcher provides adequate assurances that the 
Social Security account numbers will not be used to harass, target, or 
publicly reveal information concerning any identifiable individuals, 
that 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 that the 
researcher has in place appropriate safeguards to protect the privacy 
and confidentiality of any information about identifiable individuals, 
including procedures to ensure that the Social Security account numbers 
will be encrypted or otherwise appropriately secured from unauthorized 
disclosure. In the case of Social Security account numbers which 
constitute personally identifiable medical information, the 
Commissioner of Social Security, with respect to medical research 
referred to in the preceding sentence, and the Attorney General of the 
United States, with respect to any medical research not referred to in 
the preceding sentence but which is treated in regulations of the 
Attorney General issued pursuant to subclause (VIII), shall maintain 
ongoing consultation with the Office for Civil Rights of the Department 
of Health and Human Services to ensure that the sale or purchase of 
such Social Security account numbers is permitted only in compliance 
with existing Federal rules and regulations prescribed by the Secretary 
of Health and Human Services pursuant to section 264(c) of the Health 
Insurance Portability and Accountability Act of 1996 (110 Stat. 2033).
    ``(VIII) 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 may be specified in regulations issued as 
provided in subparagraph (I) of this paragraph.
    ``(IX) This clause does not apply with respect to a Social Security 
account number of a deceased individual.
    ``(X) 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.
    ``(XI) For purposes of this clause, the term `display to the 
general public' shall have the meaning provided such term in section 
208A(a)(3)(A). In any case in which an agency, instrumentality, 
trustee, or agent referred to in subclause (I) requires transmittal to 
such agency, instrumentality, trustee, or agent of an individual's 
Social Security account number by means of the Internet without 
reasonable provisions to ensure that such number is encrypted or 
otherwise appropriately secured from disclosure, any such transmittal 
of such number as so required shall be treated, for purposes of this 
clause, as a `display to the general public' of such number by such 
agency, instrumentality, trustee, or agent for purposes of this clause.
    ``(XII) For purposes of this clause, the term Social Security 
account number includes any derivative of such number. Notwithstanding 
the preceding sentence, any expression, contained in or on any item 
sold or displayed to the general public, shall not be treated as a 
Social Security account number solely because such expression sets 
forth not more than the last 4 digits of such number if the remainder 
of such number cannot be determined based solely on such expression or 
any other matter presented in such material.
    ``(XIII) Nothing in this clause shall be construed to supersede, 
alter, or affect any restriction or limitation on the sale or display 
to the general public of Social Security account numbers, provided in 
any Federal statute, regulation, order, or interpretation, if the 
restriction or limitation is greater than that provided under this 
clause, as determined under applicable regulations issued by the 
Commissioner of Social Security or by the Attorney General of the 
United States or another agency or instrumentality of the United States 
as provided in subparagraph (I) of this paragraph.''.
    (b) Effective Date and Related Rules.--
            (1) In general.--Initial final regulations prescribed to 
        carry out the provisions of section 205(c)(2)(C)(x) of the 
        Social Security Act (added by this section) shall be issued not 
        later than the last date of the 18th calendar month following 
        the date of the enactment of this Act. Such provisions shall 
        take effect, with respect to matters governed by such 
        regulations issued by the Commissioner of Social Security, or 
        (pursuant to section 205(c)(2)(I) of such Act (added by section 
        102)) by the Attorney General of the United States or any other 
        agency or instrumentality of the United States, 1 year after 
        the date of the issuance of such regulations by the 
        Commissioner, the Attorney General, or such other agency or 
        instrumentality, respectively. 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 108), to such 
        displays originally occurring after such 1-year period. Such 
        provisions shall not apply with respect to any display of a 
        record (containing a Social Security account number (or any 
        derivative thereof)) generated prior to the close of such 1-
        year period.
            (2) Sunset of exception.--The last sentence of subclause 
        (XI) of section 205(c)(2)(C)(x) of the Social Security Act 
        (added by this section) shall cease to be effective with 
        respect to sales, purchases, or displays to the general public 
        occurring after 6 years after the 18th calendar month referred 
        to in paragraph (1).

SEC. 102. REGULATORY AUTHORITY.

    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) The Attorney General of the United States shall prescribe 
regulations to carry out the provisions of subclauses (III) and (VIII) 
of subparagraph (C)(x) of this paragraph, subparagraphs (A) and (B) of 
section 208A(b)(2), section 208A(b)(3)(B), and section 208A(c)(2). In 
issuing such regulations, the Attorney General shall consult with the 
Commissioner of Social Security, the Secretary of Health and Human 
Services, the Secretary of Homeland Security, the Secretary of the 
Treasury, the Federal Trade Commission, the Federal banking agencies 
(as defined in section 3 of the Federal Deposit Insurance Act), the 
National Credit Union Administration, the Securities and Exchange 
Commission, State attorneys general, and such representatives of the 
State insurance commissioners as may be designated by the National 
Association of Insurance Commissioners. Any agency or instrumentality 
of the United States may exercise the authority of the Attorney General 
under this subparagraph, with respect to matters otherwise subject to 
regulation by such agency or instrumentality, to the extent determined 
appropriate in regulations of the Attorney General.
    ``(ii) In issuing the regulations described in clause (i) pursuant 
to the provisions of subparagraph (C)(x)(III), paragraph (A) or (B) of 
section 208A(b)(2), or section 208A(c)(2) (relating to law enforcement 
and national security), the Attorney General may authorize the sale or 
purchase of Social Security account numbers only if the Attorney 
General determines that--
            ``(I) such sale or purchase would serve a compelling public 
        interest that cannot reasonably be served through alternative 
        measures, and
            ``(II) such sale or purchase will not pose an unreasonable 
        risk of identity theft, or 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) In issuing the regulations described in clause (i) pursuant 
to the provisions of subparagraph (C)(x)(VIII) of this paragraph or 
section 208A(b)(3)(B), the Attorney General may authorize the sale, 
purchase, or display to the general public of Social Security account 
numbers only after considering, among other relevant factors--
            ``(I) the associated cost or burden to the general public, 
        businesses, commercial enterprises, non-profit organizations, 
        and Federal, State, and local governments; and
            ``(II) the associated benefit to the general public, 
        businesses, commercial enterprises, non-profit associations, 
        and Federal, State, and local governments.
    ``(iv) If, after considering the factors in clause (iii), the 
Attorney General authorizes, in regulations referred to in clause 
(iii), the sale, purchase, or display to the general public of Social 
Security account numbers, 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, 
        deceptions, or crime, and
            ``(II) to prevent an unreasonable risk of identity theft or 
        bodily, emotional, or financial harm to any individual, 
        considering the nature, likelihood, and severity of the 
        anticipated harm 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.
    ``(v) In the issuance of regulations pursuant to this subparagraph, 
notice shall be provided as described in paragraphs (1), (2), and (3) 
of section 553(b) of title 5, United States Code, and opportunity to 
participate in the rule making shall be provided in accordance with 
section 553(c) of such title.
    ``(vi) Each agency and instrumentality exercising authority to 
issue regulations under this subparagraph shall consult and coordinate 
with the other such agencies and instrumentalities for the purposes of 
assuring, to the extent possible, that the regulations prescribed by 
each such agency or instrumentality are consistent and comparable, as 
appropriate, with the regulations prescribed by the other such agencies 
and instrumentalities. The Attorney General shall undertake to 
facilitate such consultation and coordination.
    ``(vii) For purposes of this subparagraph, the terms `sell', 
`purchase', and `display to the general public' shall have the meanings 
provided such terms under subparagraph (C)(x) of this paragraph or 
under section 208A(a), as applicable.
    ``(viii) For purposes of this subparagraph, subparagraph (C)(x)(XI) 
shall apply.''.

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 (or any derivative of such number) 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) Any 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 a Social Security account 
number issued by the Commissioner of Social Security (or any derivative 
of such number) 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 or 
include on any such license, registration, or other document a magnetic 
strip, bar code, or other means of communication which conveys such 
number (or derivative thereof).''.
    (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 GOVERNMENT 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 executive, legislative, or judicial agency or 
instrumentality of the Federal Government or of a State or political 
subdivision thereof, and no other person offering benefits in 
connection with an employee benefit plan maintained by such agency or 
instrumentality or acting as an agent of such agency or 
instrumentality, may display a Social Security account number (or any 
derivative thereof) on any card or tag that is commonly provided to 
employees of such agency or instrumentality (or to their family 
members) for purposes of identification or include on such card or tag 
a magnetic strip, bar code, or other means of communication which 
conveys such number.''.
    (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:
    ``(xiii) 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 
                (xiii) 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. MEASURES TO PRECLUDE UNAUTHORIZED DISCLOSURE OF SOCIAL 
              SECURITY ACCOUNT NUMBERS AND PROTECT THE CONFIDENTIALITY 
              OF SUCH 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) Except as otherwise provided in this paragraph, in the case 
of any executive, legislative, or judicial agency or instrumentality of 
the Federal Government or of a State or political subdivision thereof 
and any trustee appointed in a case under title 11, United States Code 
(and any agent of such agency, instrumentality, or trustee) having in 
its possession an individual's Social Security account number--
            ``(I) no officer or employee thereof shall have access to 
        such number for any purpose other than the effective 
        administration of the statutory provisions governing its 
        functions,
            ``(II) such agency, instrumentality, trustee, or agent 
        shall restrict, to the satisfaction of the Commissioner of 
        Social Security, access to Social Security account numbers 
        obtained thereby to officers and employees thereof whose duties 
        or responsibilities require access for the administration or 
        enforcement of such provisions, and
            ``(III) such agency, instrumentality, trustee, or agent 
        shall provide such other safeguards as the Commissioner of 
        Social Security determines to be necessary or appropriate to 
        preclude unauthorized access to the Social Security account 
        number and to otherwise protect the confidentiality of such 
        number.
For purposes of this clause the term Social Security account number 
includes any derivative thereof. ''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 1 year after the date of the enactment of this Act.

SEC. 108. PROHIBITION OF THE SALE, PURCHASE, AND 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, and display to the general public 
of the Social Security account number in the private sector.
    ``Sec. 208A. (a) Definitions.--For purposes of 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),
                            ``(ii) the administration of, or provision 
                        of benefits under, an employee benefit plan, or
                            ``(iii) the sale, lease, merger, transfer, 
                        or exchange of a trade or business.
            ``(3) Display to the general public.--
                    ``(A) In general.--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.
                    ``(B) Internet transmissions.--In any case in which 
                a person requires, as a condition of doing business 
                with such person, transmittal to such person of an 
                individual's Social Security account number by means of 
                the Internet without reasonable provisions to ensure 
                that such number is encrypted or otherwise secured from 
                disclosure, any such transmittal of such number as so 
                required shall be treated as a `display to the general 
                public' of such number by such person.
            ``(4) Social security account number.--The term `Social 
        Security account number' has the meaning given such term in 
        section 208(c), except that such term includes any derivative 
        of such number. Notwithstanding the preceding sentence, any 
        expression, contained in or on any item sold or displayed to 
        the general public, shall not be treated as a Social Security 
        account number solely because such expression sets forth not 
        more than the last 4 digits of such number, if the remainder of 
        such number cannot be determined based solely on such 
        expression or any other matter presented in or on such item.
    ``(b) Prohibition of Sale, Purchase, and Display to the General 
Public.--(1) Except as provided in paragraph (2), it shall be unlawful 
for any person to--
            ``(A) sell or purchase a Social Security account number or 
        display to the general public a Social Security account number, 
        or
            ``(B) 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.
    ``(2) Notwithstanding paragraph (1), and subject to paragraph (3), 
a Social Security account number may be sold or purchased 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 issued as 
provided in section 205(c)(2)(I);
            ``(B) to the extent necessary for national security 
        purposes, as determined under regulations issued as provided in 
        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 that the sale or purchase is required 
        to comply with a tax law of the United States or of any State 
        (or political subdivision thereof);
            ``(F) to the extent that the sale or purchase is to or by a 
        consumer reporting agency (as defined in section 603(f) of the 
        Fair Credit Reporting Act (15 U.S.C. 1681a(f))) for use or 
        disclosure solely for permissible purposes described in section 
        604(a) of such Act (15 U.S.C. 1681b(a)); and
            ``(G) to the extent necessary for research (other than 
        market research) conducted by an agency or instrumentality of 
        the United States or of a State or political subdivision 
        thereof (or an agent of such an agency or instrumentality) for 
        the purpose of advancing the public good, 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, 
                including procedures to ensure that the Social Security 
                account numbers will be encrypted or otherwise 
                appropriately secured from unauthorized disclosure.
    ``(3) Notwithstanding paragraph (1), a Social Security account 
number assigned to an individual may be sold, purchased, or displayed 
to the general public by any person--
            ``(A) to the extent consistent with such individual's 
        voluntary and affirmative written consent to the sale, 
        purchase, or display of the Social Security account number, but 
        only if--
                    ``(i) the terms of the consent and the right to 
                refuse consent are presented to the individual in a 
                clear, conspicuous, and understandable manner,
                    ``(ii) the individual is placed under no obligation 
                to provide consent to any such sale, purchase, or 
                display, and
                    ``(iii) the terms of the consent authorize the 
                individual to limit the sale, purchase, or display to 
                purposes directly associated with the transaction with 
                respect to which the consent is sought, and
            ``(B) under such circumstances as may be deemed appropriate 
        in regulations issued as provided under section 205(c)(2)(I).
    ``(4) In the case of Social Security account numbers which 
constitute personally identifiable medical information--
            ``(A) the Commissioner of Social Security, with respect to 
        medical research referred to in paragraph (3)(A), and
            ``(B) the Attorney General of the United States, with 
        respect to any medical research not referred to in paragraph 
        (3)(A) but which is treated in regulations of the Attorney 
        General issued pursuant to paragraph (3)(B),
shall maintain ongoing consultation with the Office for Civil Rights of 
the Department of Health and Human Services to ensure that the sale or 
purchase of such Social Security account numbers is permitted only in 
compliance with existing Federal rules and regulations prescribed by 
the Secretary of Health and Human Services pursuant to section 264(c) 
of the Health Insurance Portability and Accountability Act of 1996 (110 
Stat. 2033).
    ``(c) Prohibition of Unauthorized Disclosure to Government Agencies 
or Instrumentalities.--(1) It shall be unlawful for any person to 
communicate by any means to any agency or instrumentality of the United 
States or of any State or political subdivision thereof the Social 
Security account number of any individual other than such person 
without the written permission of such individual, unless the number 
was requested by the agency or instrumentality. In the case of an 
individual who is legally incompetent, permission provided by the 
individual's legal representatives shall be deemed to be permission 
provided by such individual.
    ``(2) Paragraph (1) shall not apply to the extent necessary--
            ``(A) for law enforcement, including (but not limited to) 
        the enforcement of a child support obligation, or
            ``(B) for national security purposes,
as determined under regulations issued as provided under section 
205(c)(2)(I).
    ``(d) Prohibition of the Displays on Cards or Tags Required for 
Access to Goods, Services, or Benefits.--No person may display a Social 
Security account number on any card or tag issued to any other person 
for the purpose of providing such other person access to any goods, 
services, or benefits or include on such card or tag a magnetic strip, 
bar code, or other means of communication which conveys such number.
    ``(e) Prohibition of the Displays on Employee Identification Cards 
or Tags.--No person that is an employer, and no other person offering 
benefits in connection with an employee benefit plan maintained by such 
employer or acting as an agent of such employer, may display a Social 
Security account number on any card or tag that is commonly provided to 
employees of such employer (or to their family members) for purposes of 
identification or include on such card or tag a magnetic strip, bar 
code, or other means of communication which conveys such number.
    ``(f) Measures to Preclude Unauthorized Disclosure of Social 
Security Account Numbers and Protect the Confidentiality of Such 
Numbers.--Subject to the preceding provisions of this section, any 
person having in such person's records the Social Security account 
number of any individual other than such person shall, to the extent 
that such records are maintained for the conduct of such person's trade 
or business--
            ``(1) ensure that no officer or employee thereof has access 
        to such number for any purpose other than as necessary for the 
        conduct of such person's trade or business,
            ``(2) restrict, in accordance with regulations of the 
        Commissioner, access to Social Security account numbers 
        obtained thereby to officers and employees thereof whose duties 
        or responsibilities require access for the conduct of such 
        person's trade or business, and
            ``(3) provide such safeguards as may be specified, in 
        regulations of the Commissioner, to be necessary or appropriate 
        to preclude unauthorized access to the Social Security account 
        number and to otherwise protect the confidentiality of such 
        number.
    ``(g) Deceased Individuals.--This section does not apply with 
respect to the Social Security account number of a deceased individual.
    ``(h) 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.
    ``(i) Applicability of Other Protections.--Nothing in this section 
shall be construed to supersede, alter, or affect any restriction or 
limitation on the sale, purchase, display to the general public, or 
other disclosure of Social Security account numbers, provided in any 
Federal statute, regulation, order, or interpretation, if the 
restriction or limitation is greater than that provided under this 
section, as determined under applicable regulations issued by the 
Commissioner of Social Security or by the Attorney General of the 
United States or another agency or instrumentality of the United States 
as provided in section 205(c)(2)(I).''.
    (b) Effective Date and Related Rules.--
            (1) In general.--Initial final regulations prescribed to 
        carry out the provisions of section 208A of the Social Security 
        Act (added by this section) shall be issued not later than the 
        last date of the 18th calendar month following the date of the 
        enactment of this Act. Such provisions shall take effect, with 
        respect to matters governed by such regulations issued by the 
        Commissioner of Social Security, or (pursuant to section 
        205(c)(2)(I) of such Act (added by section 102)) by the 
        Attorney General of the United States or any other agency or 
        instrumentality of the United States, 1 year after the date of 
        the issuance of such regulations by the Commissioner, the 
        Attorney General, or such other agency or instrumentality, 
        respectively. Section 208A(b) of such Act shall apply in the 
        case of displays to the general public (as defined in section 
        208A(a)(3) of such Act) to such displays to the general public 
        originally occurring after such 1-year period. Such provisions 
        shall not apply with respect to any such display to the general 
        public of a record (containing a Social Security account number 
        (or any derivative thereof)) generated prior to the close of 
        such 1-year period.
            (2) Sunset of exception.--The last sentence of section 
        208A(a)(4) of the Social Security Act (added by this section) 
        shall cease to be effective with respect to sales, purchases, 
        or displays to the general public occurring after 6 years after 
        the 18th calendar month referred to in paragraph (1).

SEC. 109. 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. 110. 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 270 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 2 years 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 1 year 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 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 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 restrict the issuance of 
multiple replacement Social Security cards to any individual to 3 per 
year and to 10 for the life of the individual, except in any case in 
which the Commissioner determines there is minimal opportunity for 
fraud.''.
    (b) Regulations and Effective Date.--The Commissioner of Social 
Security shall issue regulations under the amendment made by subsection 
(a) not later than 1 year after the date of the enactment of this Act. 
Systems controls developed by the Commissioner pursuant to such 
amendment shall take effect upon the earlier of the issuance of such 
regulations or the end of such 1-year period.

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 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 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) 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), willfully acts or fails to act so as to cause 
        a violation of section 205(c)(2)(C)(xi); 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), (xi), or (xiv) 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. 
1320a-8(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) 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, 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);
            ``(K) 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), (xi), or (xiv) of 
        section 205(c)(2)(C);
            ``(L) violates section 208A (relating to prohibition of the 
        sale, purchase, or display of the Social Security account 
        number in the private sector); or
            ``(M) 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), (L), and (M) 
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 State 
        employee of a State disability determination service, any 
        officer, employee, or contractor of the Social Security 
        Administration, any employee of such a contractor, 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.
    ``(d) 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; 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).''; 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 subsections (b) and (c) as subsections 
        (c) and (d), respectively; 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.
                                 <all>