[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3514 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3514

 To amend title 18, United States Code, to restrict the public display 
on the Internet of the last 4 digits of social security account numbers 
        by State and local governments, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2006

  Mr. Schumer introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to restrict the public display 
on the Internet of the last 4 digits of social security account numbers 
        by State and local governments, 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.

    This Act may be cited as the ``Social Security Number Online 
Protection Act of 2006''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The inappropriate display of social security account 
        numbers has contributed to a growing range of illegal 
        activities, including fraud, identity theft, stalking, and 
        other crimes that have a substantial effect on interstate 
        commerce and public safety.
            (2) The Federal Government requires virtually every 
        individual in the United States to obtain and maintain a social 
        security account number in order to pay taxes, to qualify for 
        old-age, survivors, and disability insurance benefits under 
        title II of the Social Security Act, or to seek employment. An 
        unintended consequence of these requirements is that social 
        security account numbers have become one of the tools that can 
        be used to facilitate crime, fraud, and invasions of the 
        privacy of the individuals to whom the numbers are assigned. 
        Because the Federal Government created and maintains this 
        system, and because the Federal Government does not permit 
        individuals to exempt themselves from those requirements, it is 
        appropriate for the Federal Government to take steps to stem 
        the abuse of social security account numbers.
            (3) In most jurisdictions throughout the United States, 
        State and local law requires that certain public documents, 
        such as business filings, property records, and birth and 
        marriage certificates, be made available to the general public. 
        These documents may contain an individual's social security 
        account number. An increasing number of official records 
        repositories, such as repositories maintained by a Secretary of 
        State's office or a local clerk's office, are storing such 
        records on the Internet. While online availability of public 
        records improves access, it also increases the risk that social 
        security account numbers will be widely displayed and misused.

SEC. 3. PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC ON THE 
              INTERNET OF THE LAST 4 DIGITS OF SOCIAL SECURITY ACCOUNT 
              NUMBERS BY STATE AND LOCAL GOVERNMENTS.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 123 the following new chapter:

``CHAPTER 124--PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC ON THE 
  INTERNET OF THE LAST 4 DIGITS OF SOCIAL SECURITY ACCOUNT NUMBERS BY 
                      STATE AND LOCAL GOVERNMENTS

``Sec. 2731. Prohibition on the display to the general public on the 
              Internet of the last 4 digits of social security account 
              numbers by State and local governments
    ``(a) In General.--A State, a political subdivision of a State, or 
any officer, employee, or contractor of a State or a political 
subdivision of a State, shall not display to the general public on the 
Internet the last 4 digits of any social security account number.
    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to supersede, alter, or affect any restriction or limitation 
on the display to the general public on the Internet of all, or any 
part of, social security account numbers provided for in any Federal or 
State statute, regulation, order, or interpretation, if the restriction 
or limitation is greater than that provided under this section.
``Sec. 2732. Penalties
    ``A State or a political subdivision of a State that has a policy 
or practice of substantial noncompliance with this chapter shall be 
subject to a civil penalty imposed by the Attorney General of not more 
than $5,000 a day for each day of substantial noncompliance.
``Sec. 2733. Enforcement
    ``The Attorney General may bring a civil action against a State, a 
political subdivision of a State, or any officer, employee, or 
contractor of a State or a political subdivision of a State, in any 
appropriate United States District Court for appropriate relief with 
respect to a display to the general public on the Internet of the last 
4 digits of any social security account number in violation of section 
2731.
``Sec. 2734. Definitions
    ``In this chapter:
            ``(1) Display to the general public on the internet.--
                    ``(A) In general.--The term `display to the general 
                public on the Internet' means, in connection with all, 
                or any part of, a social security account number, to 
                place such number or any part of such number in a 
                viewable manner on an Internet site that is available 
                to the general public, including any Internet site that 
                requires a fee for access to information accessible on 
                or through the site.
                    ``(B) Inclusion of certain unprotected 
                transmissions.--In any case in which a State, a 
                political subdivision of a State, or any officer, 
                employee, or contractor of a State or a political 
                subdivision of a State, requires as a condition of 
                doing business transmittal of all, or any part 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 shall 
                be treated as a `display to the general public on the 
                Internet' for purposes of this chapter.
            ``(2) Person.--The term `person' means an individual, 
        organization, or entity, but does not include a State or any 
        executive, legislative, or judicial agency of a State.
            ``(3) Social security account number.--The term `social 
        security account number' means the account number assigned to 
        an individual by the Commissioner of Social Security in the 
        exercise of the Commissioner's authority under section 
        205(c)(2) of the Social Security Act and includes any 
        derivative of such number.''.
    (b) Clerical Amendment.--The table of parts at the beginning of 
part I of title 18, United States Code, is amended by adding at the end 
the following new item:

``124. Prohibition on the display to the general public on      2731''.
                            the Internet of social security 
                            account numbers by state and 
                            local governments.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to violations occurring on or after the date of enactment of this 
Act.

SEC. 4. GRANTS TO STATE AND LOCAL GOVERNMENTS TO COME INTO COMPLIANCE 
              WITH THE PROHIBITION ON THE DISPLAY TO THE GENERAL PUBLIC 
              ON THE INTERNET OF THE LAST 4 DIGITS OF SOCIAL SECURITY 
              ACCOUNT NUMBERS.

    (a) In General.--The Attorney General shall award grants to States 
and political subdivisions of States to carry out activities to remove 
or redact the last 4 digits of social security account numbers from 
forms and records of executive, legislative, and judicial agencies of 
States and political subdivisions of States that, as of the date of 
enactment of this Act, have been displayed to the general public on the 
Internet and would be a violation of chapter 124 of title 18, United 
States Code, (as added by section 3) if that chapter had been in effect 
at the time such numbers were first displayed.
    (b) Application.--A State or political subdivision of a State 
desiring a grant under this section shall submit an application to the 
Attorney General at such time, in such manner, and containing such 
information as the Attorney General shall require.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Attorney General to carry out this section, 
$10,000,000 for each of fiscal years 2007 and 2008.
    (d) Definition of State.--In this section, the term ``State'' means 
each of the 50 States, the District of Columbia, the Commonwealth of 
Puerto Rico, the United States Virgin Islands, Guam, and the 
Commonwealth of the Northern Marianas.
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