II 110th CONGRESS 1st Session S. 1691 IN THE SENATE OF THE UNITED STATES June 25, 2007 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 all or any portion of social security account numbers by State and local governments, and for other purposes.

1.

Short title

This Act may be cited as the Social Security Number Online Protection Act of 2007.

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. In a report issued in November 2004, the Government Accountability Office estimated that between 15 and 28 percent of counties display records containing social security account numbers on the Internet, potentially affecting millions of individuals. Due to a patchwork of practices and regulations, the risk of exposure of social security account numbers through the Internet is highly variable across States and localities. While online availability of public records improves access, it also increases the risk that social security account numbers will be widely displayed and misused.

3.

Prohibition on the display to the general public on the Internet of all or any portion of social security account numbers by state and local governments

(a)

In general

Chapter 88 of title 18, United States Code, is amended by inserting at the end the following:

1802.

Prohibition on the display to the general public on the Internet of all or any portion 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 all or any portion of any social security account number. (b)

Rules of construction; deemed compliance

(1)

Rules of construction

Nothing in this section shall be construed to supersede, alter, or affect— (A)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 statute, regulation, or order of the Federal Government, a State, or a political subdivision of a State, or under any interpretation of such a statute, regulation, or order, if the restriction or limitation is greater than that provided under this section; or (B)any statute, regulation, or order of the Federal Government, a State, or a political subdivision of a State relating to the submission of a social security account number to a State or a political subdivision of a State. (2)

Deemed compliance

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 be deemed to be in compliance with the requirements of subsection (a) if the State or political subdivision permits an individual to submit in addition to original material required to be submitted to the State or political subdivision that contains all or any portion of the individual's social security account number, a duplicate of the material that has all of the individual's social security account number redacted. (c)

Penalties

A State or a political subdivision of a State that has a policy or practice of substantial noncompliance with this section 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. (d)

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 all or any portion of any social security account number in violation of this section. (e)

Definitions

In this section: (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 portion of a social security account number, to place such number or any portion 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 section. (2)

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 chapter analysis for chapter 88 of title 18, United States Code, is amended by adding at the end the following: 1802. Prohibition on the display to the general public on the Internet of all or any portion of social security account numbers by State and local governments. . (c)

Effective date

The amendments made by subsections (a) and (b) shall take effect on the date that is 180 days after the date of enactment of ths Act and shall apply to violations occurring on or after that date. (d)

No retroactive application

Nothing in section 1802 of title 18, United States Code, as added by the amendments made by subsections (a) and (b), shall be construed as applying to the placement of all or any portion of a social security account 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, by a State, a political subdivision of a State, or any officer, employee, or contractor of a State or a political subdivision of a State, that is done prior to the effective date of such amendments.

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 all or any portion 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 all 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 section 1802 of title 18, United States Code, (as added by section 3) if that section 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 2008 and 2009. (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.