[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 699 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 699

  To prevent the fraudulent use of social security account numbers by 
  allowing the sharing of social security data among agencies of the 
United States for identity theft prevention and immigration enforcement 
                   purposes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2007

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

_______________________________________________________________________

                                 A BILL


 
  To prevent the fraudulent use of social security account numbers by 
  allowing the sharing of social security data among agencies of the 
United States for identity theft prevention and immigration enforcement 
                   purposes, 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 Fraud and 
Identity Theft Prevention Act''.

SEC. 2. SHARING OF SOCIAL SECURITY DATA FOR IMMIGRATION ENFORCEMENT 
              PURPOSES.

    (a) Social Security Account Numbers.--Section 264(f) of the 
Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended to read 
as follows:
    ``(f) Notwithstanding any other provision of law (including section 
6103 of the Internal Revenue Code of 1986), the Secretary of Homeland 
Security, the Secretary of Labor, and the Attorney General are 
authorized to require an individual to provide the individual's social 
security account number for purposes of inclusion in any record of the 
individual maintained by either such Secretary or the Attorney General, 
or of inclusion in any application, document, or form provided under or 
required by the immigration laws.''.
    (b) Exchange of Information.--Section 290(c) of the Immigration and 
Nationality Act (8 U.S.C. 1360(c)) is amended by striking paragraph (2) 
and inserting the following new paragraphs:
    ``(2)(A) Notwithstanding any other provision of law (including 
section 6103 of the Internal Revenue Code of 1986), if earnings are 
reported on or after January 1, 1997, to the Social Security 
Administration on a social security account number issued to an alien 
not authorized to work in the United States, the Commissioner of Social 
Security shall provide the Secretary of Homeland Security with 
information regarding the name, date of birth, and address of the 
alien, the name and address of the person reporting the earnings, and 
the amount of the earnings.
    ``(B) The information described in subparagraph (A) shall be 
provided in an electronic form agreed upon by the Commissioner and the 
Secretary.
    ``(3)(A) Notwithstanding any other provision of law (including 
section 6103 of the Internal Revenue Code of 1986), if a social 
security account number was used with multiple names, the Commissioner 
of Social Security shall provide the Secretary of Homeland Security 
with information regarding the name, date of birth, and address of each 
individual who used that social security account number, and the name 
and address of the person reporting the earnings for each individual 
who used that social security account number.
    ``(B) The information described in subparagraph (A) shall be 
provided in an electronic form agreed upon by the Commissioner and the 
Secretary for the sole purpose of enforcing the immigration laws.
    ``(C) The Secretary, in consultation with the Commissioner, may 
limit or modify the requirements of this paragraph, as appropriate, to 
identify the cases posing the highest possibility of fraudulent use of 
social security account numbers related to violation of the immigration 
laws.
    ``(4)(A) Notwithstanding any other provision of law (including 
section 6103 of the Internal Revenue Code of 1986), if more than one 
person reports earnings for an individual during a single tax year, the 
Commissioner of Social Security shall provide the Secretary of Homeland 
Security information regarding the name, date of birth, and address of 
the individual, and the name and address of the each person reporting 
earnings for that individual.
    ``(B) The information described in subparagraph (A) shall be 
provided in an electronic form agreed upon by the Commissioner and the 
Secretary for the sole purpose of enforcing the immigration laws.
    ``(C) The Secretary, in consultation with the Commissioner, may 
limit or modify the requirements of this paragraph, as appropriate, to 
identify the cases posing the highest possibility of fraudulent use of 
social security account numbers related to violation of the immigration 
laws.
    ``(5)(A) The Commissioner of Social Security shall perform, at the 
request of the Secretary of Homeland Security, a search or manipulation 
of records held by the Commissioner if the Secretary certifies that the 
purpose of the search or manipulation is to obtain information that is 
likely to assist in identifying individuals (and their employers) who 
are using false names or social security account numbers, who are 
sharing a single valid name and social security account number among 
multiple individuals, who are using the social security account number 
of a person who is deceased, too young to work, or not authorized to 
work, or who are otherwise engaged in a violation of the immigration 
laws. The Commissioner shall provide the results of such search or 
manipulation to the Secretary, notwithstanding any other provision law 
(including section 6103 of the Internal Revenue Code of 1986).
    ``(B) The Secretary shall transfer to the Commissioner the funds 
necessary to cover the costs directly incurred by the Commissioner in 
carrying out each search or manipulation requested by the Secretary 
under subparagraph (A).''.
    (c) False Claims of Citizenship by Nationals of the United 
States.--Section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(6)(C)(ii)(I)) is amended by inserting ``or 
national'' after ``citizen''.
                                 <all>