[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7239 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 7239

 To prohibit requests for the disclosure of a social security account 
       number in commercial transactions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2018

 Ms. Lofgren introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To prohibit requests for the disclosure of a social security account 
       number in commercial transactions, 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 ``Securing Social Security Numbers 
Act''.

SEC. 2. PROHIBITION ON REQUESTING DISCLOSURE OF A SOCIAL SECURITY 
              ACCOUNT NUMBER FOR CONSUMER TRANSACTIONS.

    (a) In General.--A commercial entity shall not request that an 
individual provide the individual's social security account 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, or voluntary service 
                agency;
                    (C) law enforcement; or
                    (D) a Federal, State, or local law requirement; or
            (2) if the social security account 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) Purging of Collected Social Security Account Numbers.--A 
commercial entity that has acquired social security account numbers 
prior to the enactment of this Act is prohibited from intentional 
continued possession of such social security account numbers and must 
purge all such social security account numbers from its records not 
later than 180 days after the effective date of this Act, unless the 
commercial entity would qualify for an exception under subsection (a).
    (c) Limitation on Predispute Arbitration Agreements.--No predispute 
arbitration agreement shall be valid or enforceable if it requires 
arbitration of a violation of this section.
    (d) State Attorney General Enforcement.--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--
            (1) enjoin that practice;
            (2) enforce compliance with such section;
            (3) obtain damages, restitution, or other compensation on 
        behalf of residents of the State; or
            (4) obtain such other relief as the court may consider 
        appropriate.

SEC. 3. CIVIL ACTIONS AND CIVIL PENALTIES.

    (a) Civil Action in State Courts.--
            (1) Statute of limitations.--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.
            (2) Nonexclusive remedy.--The remedy provided under this 
        subsection shall be in addition to any other remedies available 
        to the individual.
    (b) Civil Penalties.--
            (1) In general.--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 pattern or practice of violations.
            (2) Determination of violations.--Any intentional violation 
        committed contemporaneously with respect to the social security 
        account numbers of 2 or more individuals shall be treated as a 
        separate violation with respect to each such individual.

SEC. 4. EFFECTIVE DATE.

    The amendment made by this Act shall be in effect 1 year after the 
date of enactment of this Act.
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