[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 133 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                H. R. 133

     To amend title II of the Social Security Act to provide that 
      individuals and appropriate authorities are notified by the 
  Commissioner of Social Security of evidence of misuse of the Social 
             Security account numbers of such individuals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2009

 Mr. Gallegly introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
     To amend title II of the Social Security Act to provide that 
      individuals and appropriate authorities are notified by the 
  Commissioner of Social Security of evidence of misuse of the Social 
             Security account numbers of such individuals.

    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 ``Identity Theft Notification Act of 
2009''.

SEC. 2. NOTIFICATION TO INDIVIDUALS AND APPROPRIATE AUTHORITIES OF 
              EVIDENCE OF MISUSE OF SOCIAL SECURITY ACCOUNT NUMBERS.

    (a) In General.--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) In the case of each report of wages submitted by an 
employer with respect to an employee pursuant to this paragraph, the 
Commissioner--
            ``(I) shall require the employer to include in the report, 
        together with the amount of wages paid by the employer to the 
        employee, information consisting of the name, address, and 
        employer identification number of the employer and the name, 
        address, Social Security account number of the employee, and
            ``(II) shall include the amount of such wages and such 
        information in the Commissioner's records.
    ``(ii) In any case in which--
            ``(I) during any calendar year, there are 8 or more 
        instances in which the Commissioner of Social Security receives 
        a report of wages submitted by an employer with respect to an 
        employee under the same Social Security account number, and
            ``(II) at least 4 different addresses are set forth in the 
        reports in connection with the same Social Security account 
        number,
the Commissioner shall determine whether, in any such instance, there 
is evidence that the wages were not paid to the individual to whom the 
Social Security account number was assigned by the Commissioner.
    ``(iii) In any case described in clause (ii), if the Commissioner 
determines that in any instance there is evidence that the wages were 
not paid to the individual to whom the Social Security account number 
was assigned by the Commissioner, the Commissioner shall provide a 
notice of the determination to the individual, the Attorney General of 
the United States, the Secretary of the Treasury, and the Secretary of 
Homeland Security.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to calendar years beginning after the date of the 
enactment of this Act.
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