1.Short title; table of
contents
(a)This Act may be cited as the Social Security Number Misuse Prevention
Act
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Findings.
Sec. 3. Prohibition of the display, sale,
or purchase of Social Security numbers.
Sec. 4. Application of prohibition of the
display, sale, or purchase of Social Security numbers to public
records.
Sec. 5. Rulemaking authority of the
Attorney General.
Sec. 6. Treatment of Social Security
numbers on government documents.
Sec. 7. Limits on personal disclosure of a
Social Security number for consumer transactions.
Sec. 8. Extension of civil monetary
penalties for misuse of a Social Security number.
Sec. 9. Criminal penalties for the misuse
of a Social Security number.
Sec. 10. Civil actions and civil
penalties.
Sec. 11. Federal injunctive
authority.
2.Congress makes the following
findings:
(1)The inappropriate
display, sale, or purchase of Social Security numbers has contributed to a
growing range of illegal activities, including fraud, identity theft, and, in
some cases, stalking and other violent crimes.
(2)While financial
institutions, health care providers, and other entities have often used Social
Security numbers to confirm the identity of an individual, the general display
to the public, sale, or purchase of these numbers has been used to commit
crimes, and also can result in serious invasions of individual privacy.
(3)The Federal
Government requires virtually every individual in the United States to obtain
and maintain a Social Security number in order to pay taxes, to qualify for
Social Security benefits, or to seek employment. An unintended consequence of
these requirements is that Social Security numbers have become 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 numbers.
(4)The display,
sale, or purchase of Social Security numbers in no way facilitates uninhibited,
robust, and wide-open public debate, and restrictions on such display, sale, or
purchase would not affect public debate.
(5)No one should
seek to profit from the display, sale, or purchase of Social Security numbers
in circumstances that create a substantial risk of physical, emotional, or
financial harm to the individuals to whom those numbers are assigned.
(6)Consequently,
this Act provides each individual that has been assigned a Social Security
number some degree of protection from the display, sale, and purchase of that
number in any circumstance that might facilitate unlawful conduct.
3.Prohibition of
the display, sale, or purchase of Social Security numbers
(a)
(1)Chapter 47 of title 18, United States Code, is amended by
inserting after section 1028A the following:
1028B.Prohibition
of the display, sale, or purchase of Social Security numbers
(a)In
this section:
(1)The
term display means to intentionally communicate or otherwise make
available (on the Internet or in any other manner) to the general public an
individual’s Social Security number.
(2)The
term person means any individual, partnership, corporation, trust,
estate, cooperative, association, or any other entity.
(3)The
term purchase means providing directly or indirectly, anything of
value in exchange for a Social Security number.
(4)The
term sale means obtaining, directly or indirectly, anything of
value in exchange for a Social Security number.
(5)The
term State means any State of the United States, the District of
Columbia, Puerto Rico, the Northern Mariana Islands, the United States Virgin
Islands, Guam, American Samoa, and any territory or possession of the United
States.
(b)Except as provided in section 1028C, no person may
display any individual’s Social Security number to the general public without
the affirmatively expressed consent of the individual.
(c)Limitation on
sale or purchaseExcept as otherwise provided in this section, no
person may sell or purchase any individual’s Social Security number without the
affirmatively expressed consent of the individual.
(d)Prerequisites
for consentIn order for consent to exist under subsection (b) or
(c), the person displaying or seeking to display, selling or attempting to
sell, or purchasing or attempting to purchase, an individual’s Social Security
number shall—
(1)inform the
individual of the general purpose for which the number will be used, the types
of persons to whom the number may be available, and the scope of transactions
permitted by the consent; and
(2)obtain the
affirmatively expressed consent (electronically or in writing) of the
individual.
(e)Nothing
in this section shall be construed to prohibit or limit the display, sale, or
purchase of a Social Security number—
(1)required,
authorized, or excepted under any Federal law;
(2)for a public
health purpose, including the protection of the health or safety of an
individual in an emergency situation;
(3)for a national
security purpose;
(4)for a law
enforcement purpose, including the investigation of fraud and the enforcement
of a child support obligation;
(5)if the display,
sale, or purchase of the number is for a use occurring as a result of an
interaction between businesses, governments, or business and government
(regardless of which entity initiates the interaction), including, but not
limited to—
(A)the prevention of
fraud (including fraud in protecting an employee’s right to employment
benefits);
(B)the facilitation
of credit checks or the facilitation of background checks of employees,
prospective employees, or volunteers;
(C)the retrieval of
other information from other businesses, commercial enterprises, government
entities, or private nonprofit organizations; or
(D)when the
transmission of the number is incidental to, and in the course of, the sale,
lease, franchising, or merger of all, or a portion of, a business;
(6)if the transfer
of such a number is part of a data matching program involving a Federal, State,
or local agency; or
(7)if such number is
required to be submitted as part of the process for applying for any type of
Federal, State, or local government benefit or program;
except
that, nothing in this subsection shall be construed as permitting a
professional or commercial user to display or sell a Social Security number to
the general public.(f)Nothing
in this section shall prohibit or limit the display, sale, or purchase of
Social Security numbers as permitted under title V of the Gramm-Leach-Bliley
Act, or for the purpose of affiliate sharing as permitted under the
Fair Credit Reporting Act, except
that no entity regulated under such Acts may make Social Security numbers
available to the general public, as may be determined by the appropriate
regulators under such Acts. For purposes of this subsection, the general public
shall not include affiliates or unaffiliated third-party business entities as
may be defined by the appropriate
regulators.
.
(2)The chapter analysis for chapter 47 of title 18, United
States Code, is amended by inserting after the item relating to section 1028
the following:
1028B. Prohibition of the display, sale,
or purchase of Social Security
numbers.
.
(b)
(1)The Attorney General shall conduct a study and prepare a
report on all of the uses of Social Security numbers permitted, required,
authorized, or excepted under any Federal law. The report shall include a
detailed description of the uses allowed as of the date of enactment of this
Act, the impact of such uses on privacy and data security, and shall evaluate
whether such uses should be continued or discontinued by appropriate
legislative action.
(2)Not
later than 1 year after the date of enactment of this Act, the Attorney General
shall report to Congress findings under this subsection. The report shall
include such recommendations for legislation based on criteria the Attorney
General determines to be appropriate.
(c)The amendments made by this section shall take effect on the
date that is 30 days after the date on which the final regulations promulgated
under section 5 are published in the Federal Register.
4.Application of
Prohibition of the display, sale, or purchase of Social Security numbers to
public records
(a)
(1)Chapter 47 of title 18, United States Code (as amended by
section 3(a)(1)), is amended by inserting after section 1028B the
following:
1028C.Display,
sale, or purchase of public records containing Social Security numbers
(a)In
this section, the term public record means any governmental record
that is made available to the general public.
(b)Except as provided in subsections (c), (d), and (e),
section 1028B shall not apply to a public record.
(c)Public records
on the Internet or in an electronic medium
(1)Section 1028B shall apply to any public record first
posted onto the Internet or provided in an electronic medium by, or on behalf
of a government entity after the date of enactment of this section, except as
limited by the Attorney General in accordance with paragraph (2).
(2)Exception for
government entities already placing public records on the Internet or in
electronic formNot later than 60 days after the date of
enactment of this section, the Attorney General shall issue regulations
regarding the applicability of section 1028B to any record of a category of
public records first posted onto the Internet or provided in an electronic
medium by, or on behalf of a government entity prior to the date of enactment
of this section. The regulations will determine which individual records within
categories of records of these government entities, if any, may continue to be
posted on the Internet or in electronic form after the effective date of this
section. In promulgating these regulations, the Attorney General may include in
the regulations a set of procedures for implementing the regulations and shall
consider the following:
(A)The cost and
availability of technology available to a governmental entity to redact Social
Security numbers from public records first provided in electronic form after
the effective date of this section.
(B)The cost or
burden to the general public, businesses, commercial enterprises, non-profit
organizations, and to Federal, State, and local governments of complying with
section 1028B with respect to such records.
(C)The benefit to
the general public, businesses, commercial enterprises, non-profit
organizations, and to Federal, State, and local governments if the Attorney
General were to determine that section 1028B should apply to such
records.
Nothing in
the regulation shall permit a public entity to post a category of public
records on the Internet or in electronic form after the effective date of this
section if such category had not been placed on the Internet or in electronic
form prior to such effective date.(d)Harvested
Social Security numbersSection 1028B shall apply to any public
record of a government entity which contains Social Security numbers extracted
from other public records for the purpose of displaying or selling such numbers
to the general public.
(e)Attorney
General rulemaking on paper records
(1)Not later than 60 days after the date of enactment of
this section, the Attorney General shall determine the feasibility and
advisability of applying section 1028B to the records listed in paragraph (2)
when they appear on paper or on another nonelectronic medium. If the Attorney
General deems it appropriate, the Attorney General may issue regulations
applying section 1028B to such records.
(2)List of paper
and other nonelectronic recordsThe records listed in this
paragraph are as follows:
(A)Professional or
occupational licenses.
(B)Marriage
licenses.
(C)Birth
certificates.
(D)Death
certificates.
(E)Other short
public documents that display a Social Security number in a routine and
consistent manner on the face of the document.
(3)Criteria for
Attorney General reviewIn determining whether section 1028B
should apply to the records listed in paragraph (2), the Attorney General shall
consider the following:
(A)The cost or
burden to the general public, businesses, commercial enterprises, non-profit
organizations, and to Federal, State, and local governments of complying with
section 1028B.
(B)The benefit to
the general public, businesses, commercial enterprises, non-profit
organizations, and to Federal, State, and local governments if the Attorney
General were to determine that section 1028B should apply to such
records.
.
(2)The chapter analysis for chapter 47 of title 18, United
States Code (as amended by section 3(a)(2)), is amended by inserting after the
item relating to section 1028B the following:
1028C. Display, sale, or purchase of
public records containing Social Security
numbers.
.
(b)Study and
report on Social Security numbers in public records
(1)The
Comptroller General of the United States shall conduct a study and prepare a
report on Social Security numbers in public records. In developing the report,
the Comptroller General shall consult with the Administrative Office of the
United States Courts, State and local governments that store, maintain, or
disseminate public records, and other stakeholders, including members of the
private sector who routinely use public records that contain Social Security
numbers.
(2)Not
later than 1 year after the date of enactment of this Act, the Comptroller
General of the United States shall submit to Congress a report on the study
conducted under paragraph (1). The report shall include a detailed description
of the activities and results of the study and recommendations for such
legislative action as the Comptroller General considers appropriate. The
report, at a minimum, shall include—
(A)a review of the
uses of Social Security numbers in non-federal public records;
(B)a review of the
manner in which public records are stored (with separate reviews for both paper
records and electronic records);
(C)a review of the
advantages or utility of public records that contain Social Security numbers,
including the utility for law enforcement, and for the promotion of homeland
security;
(D)a review of the
disadvantages or drawbacks of public records that contain Social Security
numbers, including criminal activity, compromised personal privacy, or threats
to homeland security;
(E)the costs and
benefits for State and local governments of removing Social Security numbers
from public records, including a review of current technologies and procedures
for removing Social Security numbers from public records; and
(F)an assessment of
the benefits and costs to businesses, their customers, and the general public
of prohibiting the display of Social Security numbers on public records (with
separate assessments for both paper records and electronic records).
(c)The prohibition with respect to electronic versions of new
classes of public records under section 1028C(b) of title 18, United States
Code (as added by subsection (a)(1)) shall not take effect until the date that
is 60 days after the date of enactment of this Act.
5.Rulemaking
authority of the Attorney General
(a)Except as provided in subsection (b), the Attorney
General may prescribe such rules and regulations as the Attorney General deems
necessary to carry out the provisions of section 1028B(e)(5) of title 18,
United States Code (as added by section 3(a)(1)).
(b)Display, sale,
or purchase rulemaking with respect to interactions between businesses,
governments, or business and government
(1)Not later than 1 year after the date of enactment of this
Act, the Attorney General, in consultation with the Commissioner of Social
Security, the Chairman of the Federal Trade Commission, and such other heads of
Federal agencies as the Attorney General determines appropriate, shall conduct
such rulemaking procedures in accordance with subchapter II of chapter 5 of
title 5, United States Code, as are necessary to promulgate regulations to
implement and clarify the uses occurring as a result of an interaction between
businesses, governments, or business and government (regardless of which entity
initiates the interaction) permitted under section 1028B(e)(5) of title 18,
United States Code (as added by section 3(a)(1)).
(2)In promulgating the regulations required under
paragraph (1), the Attorney General shall, at a minimum, consider the
following:
(A)The benefit to a
particular business, to customers of the business, and to the general public of
the display, sale, or purchase of an individual’s Social Security
number.
(B)The costs that
businesses, customers of businesses, and the general public may incur as a
result of prohibitions on the display, sale, or purchase of Social Security
numbers.
(C)The risk that a
particular business practice will promote the use of a Social Security number
to commit fraud, deception, or crime.
(D)The presence of
adequate safeguards, procedures, and technologies to prevent—
(i)misuse of Social
Security numbers by employees within a business; and
(ii)misappropriation
of Social Security numbers by the general public, while permitting internal
business uses of such numbers.
(E)The presence of
procedures to prevent identity thieves, stalkers, and other individuals with
ill intent from posing as legitimate businesses to obtain Social Security
numbers.
(F)The impact of
such uses on privacy.
6.Treatment of
Social Security numbers on government documents
(a)Prohibition of
use of Social Security account numbers on checks issued for payment by
governmental agencies
(1)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:
(x)No Federal,
State, or local agency may display the Social Security account number of any
individual, or any derivative of such number, on any check issued for any
payment by the Federal, State, or local
agency.
.
(2)The amendment made by this subsection shall apply with
respect to violations of section 205(c)(2)(C)(x) of the
Social Security Act (42 U.S.C.
405(c)(2)(C)(x)), as added by paragraph (1), occurring after the date that is 3
years after the date of enactment of this Act.
(b)Prohibition of
inmate access to Social Security account numbers
(1)Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) (as
amended by subsection (b)) is amended by adding at the end the
following:
(xi)No Federal, State, or local agency
may employ, or enter into a contract for the use or employment of, prisoners in
any capacity that would allow such prisoners access to the Social Security
account numbers of other individuals. For purposes of this clause, the term
prisoner means an individual confined in a jail, prison, or other
penal institution or correctional facility pursuant to such individual’s
conviction of a criminal
offense.
.
(2)The amendment made by this subsection shall apply with
respect to employment of prisoners, or entry into contract with prisoners,
after the date that is 1 year after the date of enactment of this Act.
7.Limits on
personal disclosure of a Social Security number for consumer
transactions
(a)Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is
amended by adding at the end the following:
1150A.Limits on
personal disclosure of a Social Security number for consumer
transactions
(a)A commercial entity may not require an individual to
provide the individual’s Social Security number when purchasing a commercial
good or service or deny an individual the good or service for refusing to
provide that number except—
(1)for any purpose
relating to—
(A)obtaining a
consumer report for any purpose permitted under the
Fair Credit Reporting Act;
(B)a background
check of the individual conducted by a landlord, lessor, employer, voluntary
service agency, or other entity as determined by the Attorney General;
(C)law enforcement;
or
(D)a Federal, State,
or local law requirement; or
(2)if the Social
Security number is necessary to verify the identity of the consumer to effect,
administer, or enforce the specific transaction requested or authorized by the
consumer, or to prevent fraud.
(b)Application of
civil money penaltiesA violation of this section shall be deemed
to be a violation of section 1129(a)(3)(F).
(c)Application of
criminal penaltiesA violation of this section shall be deemed to
be a violation of section 208(a)(8).
(d)Limitation on
class actionsNo class action alleging a violation of this
section shall be maintained under this section by an individual or any private
party in Federal or State court.
(e)State Attorney
General enforcement
(1)
(A)In any case in which the attorney general of a State has
reason to believe that an interest of the residents of that State has been or
is threatened or adversely affected by the engagement of any person in a
practice that is prohibited under this section, the State, as parens patriae,
may bring a civil action on behalf of the residents of the State in a district
court of the United States of appropriate jurisdiction to—
(i)enjoin that
practice;
(ii)enforce
compliance with such section;
(iii)obtain damages,
restitution, or other compensation on behalf of residents of the State;
or
(iv)obtain such
other relief as the court may consider appropriate.
(B)
(i)Before filing an action under subparagraph (A), the
attorney general of the State involved shall provide to the Attorney
General—
(I)written notice of
the action; and
(II)a copy of the
complaint for the action.
(ii)
(I)Clause (i) shall not apply with respect to the filing of
an action by an attorney general of a State under this subsection, if the State
attorney general determines that it is not feasible to provide the notice
described in such subparagraph before the filing of the action.
(II)With
respect to an action described in subclause (I), the attorney general of a
State shall provide notice and a copy of the complaint to the Attorney General
at the same time as the State attorney general files the action.
(2)
(A)On receiving notice under paragraph (1)(B), the Attorney
General shall have the right to intervene in the action that is the subject of
the notice.
(B)If the Attorney General intervenes in the action
under paragraph (1), the Attorney General shall have the right to be heard with
respect to any matter that arises in that action.
(3)For
purposes of bringing any civil action under paragraph (1), nothing in this
section shall be construed to prevent an attorney general of a State from
exercising the powers conferred on such attorney general by the laws of that
State to—
(A)conduct
investigations;
(B)administer oaths
or affirmations; or
(C)compel the
attendance of witnesses or the production of documentary and other
evidence.
(4)Actions by the
Attorney General of the United StatesIn any case in which an
action is instituted by or on behalf of the Attorney General for violation of a
practice that is prohibited under this section, no State may, during the
pendency of that action, institute an action under paragraph (1) against any
defendant named in the complaint in that action for violation of that
practice.
(5)Venue; service
of process
(A)Any
action brought under paragraph (1) may be brought in the district court of the
United States that meets applicable requirements relating to venue under
section 1391 of title 28, United States Code.
(B)In an action brought under paragraph (1), process may be
served in any district in which the defendant—
(i)is an inhabitant;
or
(ii)may be
found.
(f)This
section shall not apply on or after the date that is 6 years after the
effective date of this
section.
.
(b)Not later than the date that is 6 years and 6 months after
the date of enactment of this Act, the Attorney General, in consultation with
the chairman of the Federal Trade Commission, shall issue a report evaluating
the effectiveness and efficiency of section 1150A of the
Social Security Act (as added by
subsection (a)) and shall make recommendations to Congress as to any
legislative action determined to be necessary or advisable with respect to such
section, including a recommendation regarding whether to reauthorize such
section.
(c)The amendment made by subsection (a) shall apply to requests
to provide a Social Security number occurring after the date that is 1 year
after the date of enactment of this Act.
8.Extension of
civil monetary penalties for misuse of a Social Security number
(a)Treatment of
withholding of material facts
(1)The first sentence of section 1129(a)(1) of the
Social Security Act (42 U.S.C.
1320a–8(a)(1)) is amended—
(A)by striking
who
and inserting who—
;
(B)by striking
makes
and all that follows through shall be subject
to
and inserting the following:
(A)makes, or causes to be made, a
statement or representation of a material fact, for use in determining any
initial or continuing right to or the amount of monthly insurance benefits
under title II or benefits or payments under title VIII or XVI, that the person
knows or should know is false or misleading;
(B)makes such a statement or
representation for such use with knowing disregard for the truth; or
(C)omits from a statement or
representation for such use, or otherwise withholds disclosure of, a fact which
the individual knows or should know is material to the determination of any
initial or continuing right to or the amount of monthly insurance benefits
under title II or benefits or payments under title VIII or XVI and the
individual knows, or should know, that the statement or representation with
such omission is false or misleading or that the withholding of such disclosure
is misleading, shall be subject
to
;
(C)by inserting
or each receipt of such benefits while withholding disclosure of such
fact
after each such statement or representation
;
(D)by inserting
or because of such withholding of disclosure of a material fact
after because of such statement or representation
; and
(E)by inserting
or such a withholding of disclosure
after such a
statement or representation
.
(2)Administrative
procedure for imposing penaltiesThe first sentence of section
1129A(a) of the Social Security Act
(42 U.S.C. 1320a–8a(a)) is amended—
(A)by striking
who
and inserting who—
; and
(B)by striking
makes
and all that follows through shall be subject
to
and inserting the following:
(1)makes, or causes
to be made, a statement or representation of a material fact, for use in
determining any initial or continuing right to or the amount of monthly
insurance benefits under title II or benefits or payments under title VIII or
XVI, that the person knows or should know is false or misleading;
(2)makes such a
statement or representation for such use with knowing disregard for the truth;
or
(3)omits from a
statement or representation for such use, or otherwise withholds disclosure of,
a fact which the individual knows or should know is material to the
determination of any initial or continuing right to or the amount of monthly
insurance benefits under title II or benefits or payments under title VIII or
XVI and the individual knows, or should know, that the statement or
representation with such omission is false or misleading or that the
withholding of such disclosure is misleading, shall be subject
to
.
(b)Application of
civil money penalties to elements of criminal violationsSection
1129(a) of the Social Security Act (42
U.S.C. 1320a–8(a)), as amended by subsection (a)(1), is amended—
(1)by redesignating
paragraph (2) as paragraph (4);
(2)by redesignating
the last sentence of paragraph (1) as paragraph (2) and inserting such
paragraph after paragraph (1); and
(3)by inserting
after paragraph (2) (as so redesignated) the following:
(3)Any person (including an
organization, agency, or other entity) who—
(A)uses a Social Security account number
that such person knows or should know has been assigned by the Commissioner of
Social Security (in an exercise of authority under section 205(c)(2) to
establish and maintain records) on the basis of false information furnished to
the Commissioner by any person;
(B)falsely represents a number to be the
Social Security account number assigned by the Commissioner of Social Security
to any individual, when such person knows or should know that such number is
not the Social Security account number assigned by the Commissioner to such
individual;
(C)knowingly alters a Social Security
card issued by the Commissioner of Social Security, or possesses such a card
with intent to alter it;
(D)knowingly displays, sells, or
purchases a card that is, or purports to be, a card issued by the Commissioner
of Social Security, or possesses such a card with intent to display, purchase,
or sell it;
(E)counterfeits a Social Security card,
or possesses a counterfeit Social Security card with intent to display, sell,
or purchase it;
(F)discloses, uses, compels the
disclosure of, or knowingly displays, sells, or purchases the Social Security
account number of any person in violation of the laws of the United
States;
(G)with intent to deceive the
Commissioner of Social Security as to such person’s true identity (or the true
identity of any other person) furnishes or causes to be furnished false
information to the Commissioner with respect to any information required by the
Commissioner in connection with the establishment and maintenance of the
records provided for in section 205(c)(2);
(H)offers, for a fee, to acquire for any
individual, or to assist in acquiring for any individual, an additional Social
Security account number or a number which purports to be a Social Security
account number; or
(I)being an officer or employee of a
Federal, State, or local agency in possession of any individual’s Social
Security account number, willfully acts or fails to act so as to cause a
violation by such agency of clause (vi)(II) or (x) of section 205(c)(2)(C),
shall be subject to, in addition to any other penalties that may be prescribed
by law, a civil money penalty of not more than $5,000 for each violation. Such
person shall also be subject to an assessment, in lieu of damages sustained by
the United States resulting from such violation, of not more than twice the
amount of any benefits or payments paid as a result of such
violation.
.
(c)Clarification
of treatment of recovered amountsSection 1129(e)(2)(B) of the
Social Security Act (42 U.S.C.
1320a–8(e)(2)(B)) is amended by striking In the case of amounts
recovered arising out of a determination relating to title VIII or XVI,
and inserting In the case of any other amounts recovered under this
section,
.
(d)
(1)Section
1129(b)(3)(A) of the Social Security
Act (42 U.S.C. 1320a–8(b)(3)(A)) is amended by striking
charging fraud or false statements
.
(2)Section
1129(c)(1) of the Social Security Act
(42 U.S.C. 1320a–8(c)(1)) is amended by striking and
representations
and inserting , representations, or
actions
.
(3)Section
1129(e)(1)(A) of the Social Security
Act (42 U.S.C. 1320a–8(e)(1)(A)) is amended by striking
statement or representation referred to in subsection (a) was
made
and inserting violation occurred
.
(e)
(1)Except as provided in paragraph (2), the amendments made
by this section shall apply with respect to violations of sections 1129 and
1129A of the Social Security Act (42
U.S.C. 1320–8 and 1320a–8a), as amended by this section, committed after the
date of enactment of this Act.
(2)Violations by
government agents in possession of Social Security
numbersSection 1129(a)(3)(I) of the
Social Security Act (42 U.S.C.
1320a–8(a)(3)(I)), as added by subsection (b), shall apply with respect to
violations of that section occurring on or after the effective date described
in section 3(c).
(f)Section
201 of the Social Security Protection Act of 2004 is repealed.
9.Criminal
penalties for the misuse of a Social Security number
(a)Prohibition of
wrongful use as personal identification numberNo person may
obtain any individual’s Social Security number for purposes of locating or
identifying an individual with the intent to physically injure, harm, or use
the identity of the individual for any illegal purpose.
(b)Section 208(a) of the Social Security Act (42 U.S.C. 408(a)) is
amended—
(1)in paragraph (8),
by inserting or
after the semicolon; and
(2)by inserting
after paragraph (8) the following:
(9)except as
provided in subsections (e) and (f) of section 1028B of title 18, United States
Code, knowingly and willfully displays, sells, or purchases (as those terms are
defined in section 1028B(a) of title 18, United States Code) any individual’s
Social Security account number without having met the prerequisites for consent
under section 1028B(d) of title 18, United States Code; or
(10)obtains any
individual’s Social Security number for the purpose of locating or identifying
the individual with the intent to injure or to harm that individual, or to use
the identity of that individual for an illegal
purpose;
.
10.Civil actions
and civil penalties
(a)Civil action in
State courts
(1)Any individual aggrieved by an act of any person in
violation of this Act or any amendments made by this Act may, if otherwise
permitted by the laws or rules of the court of a State, bring in an appropriate
court of that State—
(A)an action to
enjoin such violation;
(B)an action to
recover for actual monetary loss from such a violation, or to receive up to
$500 in damages for each such violation, whichever is greater; or
(C)both such
actions.
It shall be
an affirmative defense in any action brought under this paragraph that the
defendant has established and implemented, with due care, reasonable practices
and procedures to effectively prevent violations of the regulations prescribed
under this Act. If the court finds that the defendant willfully or knowingly
violated the regulations prescribed under this subsection, the court may, in
its discretion, increase the amount of the award to an amount equal to not more
than 3 times the amount available under subparagraph (B).(2)An action may be commenced under this subsection not
later than the earlier of—
(A)5 years after the
date on which the alleged violation occurred; or
(B)3 years after the
date on which the alleged violation was or should have been reasonably
discovered by the aggrieved individual.
(3)The remedy provided under this subsection shall be in
addition to any other remedies available to the individual.
(b)
(1)Any person who the Attorney General determines has
violated any section of this Act or of any amendments made by this Act shall be
subject, in addition to any other penalties that may be prescribed by
law—
(A)to a civil
penalty of not more than $5,000 for each such violation; and
(B)to a civil
penalty of not more than $50,000, if the violations have occurred with such
frequency as to constitute a general business practice.
(2)Determination
of violationsAny willful violation committed contemporaneously
with respect to the Social Security numbers of 2 or more individuals by means
of mail, telecommunication, or otherwise, shall be treated as a separate
violation with respect to each such individual.
(3)The provisions of section 1128A of the
Social Security Act (42 U.S.C.
1320a–7a), other than subsections (a), (b), (f), (h), (i), (j), (m), and (n)
and the first sentence of subsection (c) of such section, and the provisions of
subsections (d) and (e) of section 205 of such Act (42 U.S.C. 405) shall apply
to a civil penalty action under this subsection in the same manner as such
provisions apply to a penalty or proceeding under section 1128A(a) of such Act
(42 U.S.C. 1320a–7a(a)), except that, for purposes of this paragraph, any
reference in section 1128A of such Act (42 U.S.C. 1320a–7a) to the Secretary
shall be deemed to be a reference to the Attorney General.
11.Federal
injunctive authorityIn
addition to any other enforcement authority conferred under this Act or the
amendments made by this Act, the Federal Government shall have injunctive
authority with respect to any violation by a public entity of any provision of
this Act or of any amendments made by this Act.