[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2971 Introduced in House (IH)]
<DOC>
108th CONGRESS
1st Session
H. R. 2971
To amend the Social Security Act to enhance Social Security account
number privacy protections, to prevent fraudulent misuse of the Social
Security account number, and to otherwise enhance protection against
identity theft, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2003
Mr. Shaw (for himself, Mr. Matsui, Mr. Kleczka, Mr. Brady of Texas, Mr.
Becerra, Mr. English, Mr. Foley, Mr. Hayworth, Mr. Houghton, Mr.
Jefferson, Mr. Sam Johnson of Texas, Mr. Levin, Mr. Lewis of Kentucky,
Mr. Lewis of Georgia, Mr. Neal of Massachusetts, Mr. Rangel, Mr.
Sandlin, Mrs. Jones of Ohio, Ms. Baldwin, Mr. Bereuter, Mrs. Capps, Mr.
Costello, Mr. Duncan, Mr. Filner, Mr. Frost, Ms. Hart, Mr. Hinchey, Mr.
Reynolds, Ms. Ros-Lehtinen, Mr. Saxton, and Mr. Wolf) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committees on Financial Services and Energy and
Commerce, 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 amend the Social Security Act to enhance Social Security account
number privacy protections, to prevent fraudulent misuse of the Social
Security account number, and to otherwise enhance protection against
identity theft, 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Social Security
Number Privacy and Identity Theft Prevention Act of 2003''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title and table of contents.
TITLE I--PROVISIONS RELATING TO THE SOCIAL SECURITY ACCOUNT NUMBER IN
THE PUBLIC AND PRIVATE SECTORS
Sec. 101. Restrictions on the sale or display to the general public of
social security account numbers by
governmental agencies.
Sec. 102. Regulatory authority of the Attorney General of the United
States.
Sec. 103. Prohibition of display of social security account numbers on
checks issued for payment by governmental
agencies.
Sec. 104. Prohibition of the display of social security account numbers
on driver's licenses or motor vehicle
registrations.
Sec. 105. Prohibition of the display of personal identification numbers
on employee identification cards or tags.
Sec. 106. Prohibition of inmate access to social security account
numbers.
Sec. 107. Prohibition of the sale, purchase, or display to the general
public of the social security account
number in the private sector.
Sec. 108. Confidential treatment of credit header information.
Sec. 109. Refusal to do business without receipt of social security
account number considered unfair or
deceptive act or practice.
TITLE II--MEASURES TO ENSURE THE INTEGRITY OF APPLICATIONS FOR SOCIAL
SECURITY ACCOUNT NUMBERS AND REPLACEMENT SOCIAL SECURITY CARDS
Sec. 201. Independent verification of birth records provided in support
of applications for social security account
numbers and replacement social security
cards.
Sec. 202. Enumeration at birth.
Sec. 203. Study relating to use of photographic identification in
connection with applications for benefits,
social security account numbers, and social
security cards.
Sec. 204. Restrictions on issuance of multiple replacement social
security cards.
Sec. 205. Study relating to modification of the social security account
numbering system to show work authorization
status.
TITLE III--ENFORCEMENT
Sec. 301. New criminal penalties for misuse of social security account
numbers.
Sec. 302. Extension of civil monetary penalty authority.
Sec. 303. Criminal penalties for employees of the Social Security
Administration who knowingly and
fraudulently issue social security cards or
social security account numbers.
Sec. 304. Enhanced penalties in cases of terrorism, drug trafficking,
crimes of violence, or prior offenses.
TITLE I--PROVISIONS RELATING TO THE SOCIAL SECURITY ACCOUNT NUMBER IN
THE PUBLIC AND PRIVATE SECTORS
SEC. 101. RESTRICTIONS ON THE SALE OR DISPLAY TO THE GENERAL PUBLIC OF
SOCIAL SECURITY ACCOUNT NUMBERS BY GOVERNMENTAL AGENCIES.
(a) In General.--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
new clause:
``(x)(I) An executive, legislative, or judicial agency or
instrumentality of the Federal Government or of a State or a political
subdivision thereof or trustee appointed in a case under title 11,
United States Code (or person acting as an agent of such an agency or
instrumentality or trustee) in possession of any individual's social
security account number may not sell or display to the general public
such number. Notwithstanding the preceding sentence, such number may be
sold or displayed to the general public in accordance with the
exceptions specified in subclauses (II), (III), (IV), (V), and (VI)
(and for no other purpose).
``(II) Notwithstanding subclause (I), a social security account
number may be sold by an agency, instrumentality, trustee, or agent
referred to in subclause (I) to the extent that such sale is
specifically authorized by this Act.
``(III) Notwithstanding subclause (I), a social security account
number may be sold or displayed to the general public by an agency,
instrumentality, trustee, or agent referred to in subclause (I) to the
extent that is necessary or appropriate for law enforcement or national
security purposes, as determined under regulations which shall be
issued by the Attorney General of the United States under subparagraph
(I).
``(IV) Notwithstanding subclause (I), a social security account
number may be sold by a State department of motor vehicles as
authorized under subsection (b) of section 2721 of title 18, United
States Code, if such number is to be used pursuant to such sale solely
for purposes permitted under paragraph (1), (6), or (9) of such
subsection.
``(V) Notwithstanding subclause (I), a social security account
number may be sold or otherwise made available by an agency,
instrumentality, trustee, or agent referred to in subclause (I) to a
consumer reporting agency, as defined in section 603(f) of the Fair
Credit Reporting Act (15 U.S.C. 1618a(f)), exclusively for use in
accordance with such Act.
``(VI) Notwithstanding subclause (I), a social security account
number may be sold or displayed to the general public by an agency,
instrumentality, trustee, or agent referred to in subclause (I) under
such other circumstances as the Attorney General of the United States
may determine appropriate in regulations issued under subparagraph (I).
``(VII) This clause does not apply with respect to a social
security account number of a deceased individual.
``(VIII) For purposes of this clause, the term `sell' means, in
connection with a social security account number, to accept an item of
material value in exchange for such number.
``(IX) For purposes of this clause, the term `display to the
general public' shall have the meaning provided such term in section
208A(a)(3).
``(X) For purposes of this clause, the term `social security
account number' includes any derivative of such number.''.
(b) Effective Date.--The amendment made by this section shall take
effect 1 year after the date of the issuance by the Attorney General of
the United States of final regulations under section 205(c)(2)(I) of
the Social Security Act (added by section 102). Such amendment shall
apply in the case of displays to the general public, as defined in
section 208A(a)(3) of such Act (added by section 107), to such displays
originally occurring after such 1-year period.
SEC. 102. REGULATORY AUTHORITY OF THE ATTORNEY GENERAL OF THE UNITED
STATES.
(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) Regulations issued by the Attorney General of the United
States pursuant to subclauses (III) and (VI) of subparagraph (C)(x) and
paragraphs (1), (2), and (7) of section 208A(c) shall be issued in
accordance with section 553 of title 5, United States Code. In issuing
such regulations, the Attorney General shall consult with the
Commissioner of Social Security, the Secretary of Homeland Security,
the Federal Trade Commission, State attorneys general, and such other
governmental agencies and instrumentalities as the Attorney General of
the United States considers appropriate.
``(ii) In issuing the regulations described in clause (i) pursuant
to the provisions of subparagraph (C)(x)(III) or paragraph (1) or (2)
of section 208A(c) (relating to law enforcement and national security),
the Attorney General may authorize the sale, purchase, or display to
the general public of social security account numbers only if the
Attorney General determines that--
``(I) such sale, purchase, or display would serve a
compelling public interest that cannot reasonably be served
through alternative measures, and
``(II) such sale, purchase, or display will not pose an
undue risk of bodily, emotional, or financial harm to an
individual (taking into account any restrictions and conditions
that the Attorney General imposes on the sale, purchase, or
disclosure).
``(iii) If the Attorney General authorizes the sale, purchase, or
display to the general public of social security account numbers, in
regulations issued pursuant to subparagraph (C)(x)(VI) or section
208A(c)(7) (relating to matters other than law enforcement or national
security), the Attorney General shall impose restrictions and
conditions on the sale, purchase, or display to the general public to
the extent necessary--
``(I) to provide reasonable assurances that social security
account numbers will not be used to commit or facilitate fraud,
deception, or crime, and
``(II) to prevent an undue risk of bodily, emotional, or
financial harm to an individual.
``(iv) For purposes of clause (iii), the Attorney General shall
consider, among other relevant factors--
``(I) the cost or burden to the general public, businesses,
commercial enterprises, non-profit organizations, and to
Federal, State, and local governments of complying with the
restrictions and conditions imposed by the Attorney General;
``(II) the benefit to the general public, businesses,
commercial enterprises, non-profit associations, and to
Federal, State, and local governments derived from the
imposition of such restrictions and conditions; and
``(III) in connection with subclause (II) of clause (iii),
the nature, likelihood, and severity of the anticipated harm
described in such subclause that could result from the sale,
purchase, or display to the general public of social security
account numbers, together with the nature, likelihood, and
extent of any benefits that could be realized therefrom.
``(v) For purposes of this subparagraph, the terms `sell',
`purchase', and `display to the general public' shall have the meanings
provided such terms under section 208A(a).
``(vi) For purposes of this subparagraph, the term `social security
account number' includes any derivative of such number.''.
(b) Regulations.--The Attorney General of the United States shall
promulgate regulations required under this section not later than 1
year after the date of the enactment of this Act.
SEC. 103. PROHIBITION OF DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS ON
CHECKS ISSUED FOR PAYMENT BY GOVERNMENTAL AGENCIES.
(a) In General.--Section 205(c)(2)(C) of the Social Security Act
(42 U.S.C. 405(c)(2)(C)) (as amended by section 101) is amended further
by adding at the end the following new clause:
``(xi) No executive, legislative, or judicial agency or
instrumentality of the Federal Government or of a State or a political
subdivision thereof or trustee appointed in a case under title 11,
United States Code (or person acting as an agent of such an agency or
instrumentality or trustee) may include the social security account
number of any individual on any check issued for any payment by the
Federal Government, any State or political subdivision thereof, or any
agency or instrumentality thereof, or such trustee or on any document
attached to or accompanying such a check.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to checks (and documents attached to or accompanying such
checks) issued after 1 year after the date of the enactment of this
Act.
SEC. 104. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS
ON DRIVER'S LICENSES OR MOTOR VEHICLE REGISTRATIONS.
(a) In General.--Section 205(c)(2)(C)(vi) of the Social Security
Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended--
(1) by inserting ``(I)'' after ``(vi)''; and
(2) by adding at the end the following new subclause:
``(II) A State or political subdivision thereof (and any person
acting as an agent of such an agency or instrumentality), in the
administration of any driver's license or motor vehicle registration
law within its jurisdiction, may not display the social security
account numbers issued by the Commissioner of Social Security, or any
derivative of such numbers, on any driver's license or motor vehicle
registration or any other document issued by such State or political
subdivision to an individual for purposes of identification of such
individual.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to licenses, registrations, and other documents
issued or reissued after 1 year after the date of the enactment of this
Act.
SEC. 105. PROHIBITION OF THE DISPLAY OF PERSONAL IDENTIFICATION NUMBERS
ON EMPLOYEE IDENTIFICATION CARDS OR TAGS.
(a) In General.--Section 205(c)(2)(C) of the Social Security Act
(42 U.S.C. 405(c)(2)(C)) (as amended by the preceding provisions of
this title) is amended further by adding at the end the following new
clause:
``(xii) No employer (including any executive, legislative, or
judicial agency or instrumentality of the Federal Government or of a
State or political subdivision thereof), and no person offering
benefits in connection with an employee benefit plan maintained by such
employer or acting as an agent of such employer, may display the social
security account number (or any derivative of such number) on any card
or tag that is commonly provided to employees of such employer (or to
their family members) for purposes of identification.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to cards or tags issued after 1 year after the date of the
enactment of this Act.
SEC. 106. PROHIBITION OF INMATE ACCESS TO SOCIAL SECURITY ACCOUNT
NUMBERS.
(a) In General.--Section 205(c)(2)(C) of the Social Security Act
(42 U.S.C. 405(c)(2)(C)) (as amended by the preceding provisions of
this title) is amended further by adding at the end the following new
clause:
``(xiv) No executive, legislative, or judicial agency or
instrumentality of the Federal Government or of a State or political
subdivision thereof (or person acting as an agent of such an agency or
instrumentality) 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.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall apply with respect to
employment of prisoners, or entry into contract for the use or
employment of prisoners, on or after the date of the enactment
of this Act.
(2) Treatment of current arrangements.--In the case of--
(A) prisoners employed as described in clause (xiv)
of section 205(c)(2)(C) of the Social Security Act (as
added by this section) on the date of the enactment of
this Act, and
(B) contracts described in such clause in effect on
such date,
the amendment made by this section shall take effect 90 days
after the date of the enactment of this Act.
SEC. 107. PROHIBITION OF THE SALE, PURCHASE, OR DISPLAY TO THE GENERAL
PUBLIC OF THE SOCIAL SECURITY ACCOUNT NUMBER IN THE
PRIVATE SECTOR.
(a) In General.--Title II of the Social Security Act is amended by
inserting after section 208 (42 U.S.C. 408) the following new section:
``prohibition of the sale, purchase, or display to the general public
of the social security account number in the private sector
``Sec. 208A. (a) Definitions.--In this section:
``(1) Person.--
``(A) In general.--Subject to subparagraph (B), the
term `person' means any individual, partnership,
corporation, trust, estate, cooperative, association,
or any other entity.
``(B) Governmental entities.--Such term does not
include a governmental entity. Nothing in this
subparagraph shall be construed to authorize, in
connection with a governmental entity, an act or
practice otherwise prohibited under this section or
section 205(c)(2)(C).
``(2) Selling and Purchasing.--
``(A) In general.--Subject to subparagraph (B)--
``(i) Sell.--The term `sell' in connection
with a social security account number means to
obtain, directly or indirectly, anything of
value in exchange for such number.
``(ii) Purchase.--The term `purchase' in
connection with a social security account
number means to provide, directly or
indirectly, anything of value in exchange for
such number.
``(B) Exceptions.--The terms `sell' and `purchase'
in connection with a social security account number do
not include the submission of such number as part of--
``(i) the process for applying for any type
of Government benefits or programs (such as
grants or loans or welfare or other public
assistance programs), or
``(ii) the administration of, or provision
of benefits under, an employee benefit plan.
``(3) Display to the general public.--The term `display to
the general public' means, in connection with a social security
account number, to intentionally place such number in a
viewable manner on an Internet site that is available to the
general public or to make such number available in any other
manner intended to provide access to such number by the general
public.
``(4) Social security account number.--The term `social
security account number' has the meaning given such term in
section 208(c).
``(b) Prohibition.--Except as provided in subsection (c), it shall
be unlawful for any person to--
``(1) sell or purchase a social security account number or
display to the general public a social security account number
or any derivative thereof, or
``(2) obtain or use any individual's social security
account number for the purpose of locating or identifying such
individual with the intent to physically injure or harm such
individual or using the identity of such individual for any
illegal purpose.
``(c) Exceptions.--
``(1) In general.--Notwithstanding subsection (b), a social
security account number may be sold, purchased, or displayed to
the general public by any person to the extent provided in this
subsection (and for no other purpose) as follows:
``(A) to the extent necessary for law enforcement,
including (but not limited to) the enforcement of a
child support obligation, as determined under
regulations of the Attorney General of the United
States issued under section 205(c)(2)(I);
``(B) to the extent necessary for national security
purposes, as determined under regulations of the
Attorney General of the United States issued under
section 205(c)(2)(I);
``(C) to the extent necessary for public health
purposes;
``(D) to the extent necessary in emergency
situations to protect the health or safety of 1 or more
individuals;
``(E) to the extent necessary for research
conducted for the purpose of advancing public
knowledge, on the condition that the researcher
provides adequate assurances that--
``(i) the social security account numbers
will not be used to harass, target, or publicly
reveal information concerning any identifiable
individuals;
``(ii) information about identifiable
individuals obtained from the research will not
be used to make decisions that directly affect
the rights, benefits, or privileges of specific
individuals; and
``(iii) the researcher has in place
appropriate safeguards to protect the privacy
and confidentiality of any information about
identifiable individuals;
``(F) to the extent consistent with an individual's
voluntary and affirmative written consent to the sale,
purchase, or display to the general public of a social
security account number that has been assigned to that
individual; and
``(G) under such other circumstances as the
Attorney General of the United States may determine
appropriate in regulations issued under section
205(c)(2)(I).
``(2) Deceased individuals.--This section does not apply
with respect to the social security account number of a
deceased individual.
``(d) Criminal Penalty.--Any person who violates this section shall
be guilty of a felony and upon conviction thereof shall be fined under
title 18, United States Code, or imprisoned for not more than 5 years,
or both.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to violations occurring after 1 year after the date of the
issuance by the Attorney General of the United States of final
regulations under section 205(c)(2)(I) of the Social Security Act
(added by section 102).
SEC. 108. CONFIDENTIAL TREATMENT OF CREDIT HEADER INFORMATION.
(a) In General.--Section 603 of the Fair Credit Reporting Act (15
U.S.C. 1681a) is amended by adding at the end the following new
subsection:
``(q) Confidential Treatment of Credit Header Information.--
Information regarding the social security account number of the
consumer, or any derivative thereof, may not be furnished to any person
by a consumer reporting agency other than in a full consumer report
furnished in accordance with section 604 and other requirements of this
title.''.
(b) Effective Date.--The amendment made by this section shall take
effect 90 days after the date of the enactment of this Act.
SEC. 109. REFUSAL TO DO BUSINESS WITHOUT RECEIPT OF SOCIAL SECURITY
ACCOUNT NUMBER CONSIDERED UNFAIR OR DECEPTIVE ACT OR
PRACTICE.
(a) In General.--Any person who refuses to do business with an
individual because the individual will not consent to the receipt by
such person of the social security account number of such individual
shall be considered to have committed an unfair or deceptive act or
practice in violation of section 5 of the Federal Trade Commission Act
(15 U.S.C. 45). Action may be taken under such section 5 against such a
person.
(b) Exception.--Subsection (a) shall not apply to any person in any
case in which such person is expressly required under Federal law, in
connection with doing business with an individual, to submit to the
Federal Government such individual's social security account number.
(c) Effective Date.--The preceding provisions of this section shall
apply with respect to acts or practices committed after 180 days after
the date of the enactment of this Act.
TITLE II--MEASURES TO ENSURE THE INTEGRITY OF APPLICATIONS FOR SOCIAL
SECURITY ACCOUNT NUMBERS AND REPLACEMENT SOCIAL SECURITY CARDS
SEC. 201. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED IN SUPPORT
OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS.
(a) Applications for Social Security Account Numbers.--Section
205(c)(2)(B)(ii) of the Social Security Act (42 U.S.C.
405(c)(2)(B)(ii)) is amended--
(1) by inserting ``(I)'' after ``(ii)''; and
(2) by adding at the end the following new subclause:
``(II) With respect to an application for a social security account
number for an individual, other than for purposes of enumeration at
birth, the Commissioner shall require independent verification of any
birth record provided by the applicant in support of the application.
The Commissioner may provide by regulation for reasonable exceptions
from the requirement for independent verification under this subclause
in any case in which the Commissioner determines there is minimal
opportunity for fraud.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to applications filed after 180 days after the date
of the enactment of this Act.
(c) Study Regarding Applications for Replacement Social Security
Cards.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Commissioner of Social Security
shall undertake a study to test the feasibility and cost
effectiveness of verifying all identification documents
submitted by an applicant for a replacement social security
card. As part of such study, the Commissioner shall determine
the feasibility of, and the costs associated with, the
development of appropriate electronic processes for third party
verification of any such identification documents which are
issued by agencies and instrumentalities of the Federal
Government and of the States (and political subdivisions
thereof).
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commissioner shall report to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate regarding the results of
the study undertaken under paragraph (1). Such report shall
contain such recommendations for legislative changes as the
Commissioner considers necessary to implement needed
improvements in the process for verifying identification
documents submitted by applicants for replacement social
security cards.
SEC. 202. ENUMERATION AT BIRTH.
(a) Improvement of Application Process.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Commissioner of Social Security
shall undertake to make improvements to the enumeration at
birth program for the issuance of social security account
numbers to newborns. Such improvements shall be designed to
prevent--
(A) the assignment of social security account
numbers to unnamed children;
(B) the issuance of more than 1 social security
account number to the same child; and
(C) other opportunities for fraudulently obtaining
a social security account number.
(2) Report to the congress.--Not later than 180 days after
the date of the enactment of this Act, the Commissioner shall
transmit to each House of the Congress a report specifying in
detail the extent to which the improvements required under
paragraph (1) have been made.
(b) Study Regarding Process for Enumeration at Birth.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Commissioner of Social Security
shall undertake a study to determine the most efficient options
for ensuring the integrity of the process for enumeration at
birth. Such study shall include an examination of available
methods for reconciling hospital birth records with birth
registrations submitted to agencies of States and political
subdivisions thereof and with information provided to the
Commissioner as part of the process for enumeration at birth.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Commissioner shall report to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate regarding the results of
the study undertaken under paragraph (1). Such report shall
contain such recommendations for legislative changes as the
Commissioner considers necessary to implement needed
improvements in the process for enumeration at birth.
SEC. 203. STUDY RELATING TO USE OF PHOTOGRAPHIC IDENTIFICATION IN
CONNECTION WITH APPLICATIONS FOR BENEFITS, SOCIAL
SECURITY ACCOUNT NUMBERS, AND SOCIAL SECURITY CARDS.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Commissioner of Social Security shall
undertake a study to--
(1) determine the best method of requiring and obtaining
photographic identification of applicants for old-age,
survivors, and disability insurance benefits under title II of
the Social Security Act, for a social security account number,
or for a replacement social security card, and of providing for
reasonable exceptions to any requirement for photographic
identification of such applicants that may be necessary to
promote efficient and effective administration of this title,
and
(2) evaluate the benefits and costs of instituting such a
requirement for photographic identification, including the
degree to which the security and integrity of the old-age,
survivors, and disability insurance program would be enhanced.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the Commissioner shall report to the Committee
on Ways and Means of the House of Representatives and the Committee on
Finance of the Senate regarding the results of the study undertaken
under paragraph (1). Such report shall contain such recommendations for
legislative changes as the Commissioner considers necessary relating to
requirements for photographic identification of applicants described in
subsection (a).
SEC. 204. RESTRICTIONS ON ISSUANCE OF MULTIPLE REPLACEMENT SOCIAL
SECURITY CARDS.
(a) In General.--Section 205(c)(2)(G) of the Social Security Act
(42 U.S.C. 405(c)(2)(G)) is amended by adding at the end the following
new sentence: ``The Commissioner shall by regulation restrict the
issuance of multiple replacement social security cards to any
individual to minimize fraud.''.
(b) Regulations and Effective Date.--The Commissioner of Social
Security shall issue regulations required under the amendment made by
subsection (a) not later than 180 days after the date of the enactment
of this Act. Systems controls developed by the Commissioner pursuant to
such amendment shall take effect upon the issuance of such regulations.
SEC. 205. STUDY RELATING TO MODIFICATION OF THE SOCIAL SECURITY ACCOUNT
NUMBERING SYSTEM TO SHOW WORK AUTHORIZATION STATUS.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Commissioner of Social Security, in
consultation with the Secretary of Homeland Security, shall undertake a
study to examine the best method of modifying the social security
account number assigned to individuals who--
(1) are not citizens of the United States,
(2) have not been admitted for permanent residence, and
(3) are not authorized by the Secretary of Homeland
Security to work in the United States, or are so authorized
subject to one or more restrictions,
so as to include an indication of such lack of authorization to work or
such restrictions on such an authorization.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the Commissioner shall report to the Committee
on Ways and Means of the House of Representatives and the Committee on
Finance of the Senate regarding the results of the study undertaken
under this section. Such report shall include the Commissioner's
recommendations of feasible options for modifying the social security
account number in the manner described in subsection (a).
TITLE III--ENFORCEMENT
SEC. 301. NEW CRIMINAL PENALTIES FOR MISUSE OF SOCIAL SECURITY ACCOUNT
NUMBERS.
(a) In General.--Section 208(a) of the Social Security Act (42
U.S.C. 408(a)) is amended--
(1) in paragraph (7), by adding after subparagraph (C) the
following new subparagraph:
``(D) with intent to deceive, discloses, sells, or
transfers his own social security account number,
assigned to him by the Commissioner of Social Security
(in the exercise of the Commissioner's authority under
section 205(c)(2) to establish and maintain records),
to any person; or'';
(2) in paragraph (8), by adding ``or'' at the end; and
(3) by inserting after paragraph (8) the following new
paragraphs:
``(9) without lawful authority, 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 that purports to be a social security account number; or
``(10) willfully acts or fails to act so as to cause a
violation of section 205(c)(2)(C)(xii); or
``(11) being an officer or employee of any executive,
legislative, or judicial agency or instrumentality of the
Federal Government or of a State or political subdivision
thereof (or a person acting as an agent of such an agency or
instrumentality) in possession of any individual's social
security account number (or an officer or employee thereof or a
person acting as an agent thereof), willfully acts or fails to
act so as to cause a violation of clause (vi)(II), (x), (xi),
(xii), (xiii), or (xiv) of section 205(c)(2)(C); or
``(12) being a trustee appointed in a case under title 11,
United States Code (or an officer or employee thereof or a
person acting as an agent thereof), willfully acts or fails to
act so as to cause a violation of clause (x) or (xi) of section
205(c)(2)(C);''.
(b) Effective Dates.--Paragraphs (7)(D) and (9) of section 208(a)
of the Social Security Act (added by subsection (a)(2)) shall apply
with respect to each violation occurring after the date of the
enactment of this Act. Paragraphs (10), (11), and (12) of section
208(a) of such Act (added by subsection (a)(2)) shall apply with
respect to each violation occurring on or after the effective date
applicable with respect to such violation under title I.
SEC. 302. EXTENSION OF CIVIL MONETARY PENALTY AUTHORITY.
(a) Application of Civil Money Penalties to Elements of Criminal
Violations.--Section 1129(a) of the Social Security Act (42 U.S.C.
1320a098(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) by designating the last sentence of paragraph (1) as a
new paragraph (2), appearing after and below paragraph (1); and
(3) by inserting after paragraph (2) (as designated under
paragraph (2) of this subsection) 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 buys or sells 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 buy or sell it;
``(E) counterfeits a social security card, or possesses a
counterfeit social security card with intent to buy or sell it;
``(F) discloses, uses, compels the disclosure of, or
knowingly 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) without lawful authority, 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;
``(I) with intent to deceive, discloses, sells, or
transfers his own social security account number, assigned to
him by the Commissioner of Social Security under section
205(c)(2)(B), to any person;
``(J) willfully acts or fails to act so as to cause a
violation of section 205(c)(2)(C)(xii);
``(K) being an officer or employee of any executive,
legislative, or judicial agency or instrumentality of the
Federal Government or of a State or political subdivision
thereof (or a person acting as an agent of such an agency or
instrumentality) (or an officer or employee thereof or a person
acting as an agent thereof), in possession of any individual's
social security account number, willfully acts or fails to act
so as to cause a violation of clause (vi)(II), (x), (xi),
(xii), (xiii), or (xiv) of section 205(c)(2)(C);
``(L) being a trustee appointed in a case under title 11,
United States Code (or an officer or employee thereof or a
person acting as an agent thereof), willfully acts or fails to
act so as to cause a violation of clause (x) or (xi) of section
205(c)(2)(C);
``(M) violates section 208A (relating to prohibition of the
sale, purchase, or display of the social security account
number in the private sector); or
``(N) violates section 208B (relating to fraud by social
security administration employees);
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.''.
(b) Effective Dates.--The amendments made by this section shall
apply with respect to violations committed after the date of the
enactment of this Act, except that subparagraphs (J), (K), and (L) of
section 1129(a)(3) of the Social Security Act (added by subsection (a))
shall apply with respect to violations occurring on or after the
effective date provided in connection with such violations under title
I.
SEC. 303. CRIMINAL PENALTIES FOR EMPLOYEES OF THE SOCIAL SECURITY
ADMINISTRATION WHO KNOWINGLY AND FRAUDULENTLY ISSUE
SOCIAL SECURITY CARDS OR SOCIAL SECURITY ACCOUNT NUMBERS.
(a) In General.--Title II of the Social Security Act (as amended by
the preceding provisions of this Act) is amended further by inserting
after section 208A the following new section:
``fraud by social security administration employees
``Sec. 208B. (a) Whoever is an employee of the Social Security
Administration and knowingly and fraudulently sells or transfers one or
more social security account numbers or social security cards shall be
guilty of a felony and upon conviction thereof shall be fined under
title 18, United States Code, imprisoned as provided in subsection (b),
or both.
``(b) Imprisonment for a violation described in subsection (a)
shall be for--
``(1) not less than 1 year and up to 5 years, in the case
of an employee of the Social Security Administration who has
fraudulently sold or transferred not more than 50 social
security account numbers or social security cards,
``(2) not less than 5 years and up to 10 years, in the case
of an employee of the Social Security Administration who has
fraudulently sold or transferred more than 50, but not more
than 100, social security account numbers or social security
cards, or
``(3) not less than 10 years and up to 20 years, in the
case of an employee of the Social Security Administration who
has fraudulently sold or transferred more than 100 social
security account numbers or social security cards.
``(c) For purposes of this section--
``(1) The term `social security employee' means any
officer, employee, or contractor of the Social Security
Administration, any employee of such a contractor (including
any State employee of a disability determination service), or
any volunteer providing services or assistance in any facility
of the Social Security Administration.
``(2) The term `social security account number' means a
social security account number assigned by the Commissioner of
Social Security under section 205(c)(2)(B) or another number
that has not been so assigned but is purported to have been so
assigned.
``(3) The term `social security card' means a card issued
by the Commissioner of Social Security under section
205(c)(2)(G), another card which has not been so issued but is
purported to have been so issued, and banknote paper of the
type described in section 205(c)(2)(G) prepared for the entry
of social security account numbers, whether fully completed or
not.
``(c) Any employee of the Social Security Administration who
attempts or conspires to commit any violation of this section shall be
subject to the same penalties as those prescribed for the violation the
commission of which was the object of the attempt or conspiracy.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring on or after the date of the
enactment of this Act.
SEC. 304. ENHANCED PENALTIES IN CASES OF TERRORISM, DRUG TRAFFICKING,
CRIMES OF VIOLENCE, OR PRIOR OFFENSES.
(a) Amendments to Title II.--Section 208 of the Social Security Act
(42 U.S.C. 408) is amended--
(1) in subsection (a), by striking ``shall be fined'' and
all that follows and inserting the following: ``shall be fined,
imprisoned, or both, as provided in subsection (b).'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(3) by inserting after subsection (a) the following new
subsection:
``(b) A person convicted of a violation described in subsection (a)
shall be--
``(1) fined under title 18, United States Code, or
imprisoned for not more than 5 years, or both, in the case of
an initial violation, subject to paragraphs (3) and (4),
``(2) fined under title 18, United States Code, or
imprisoned for not more than 10 years, or both, in the case of
a violation which occurs after a prior conviction for another
offense under subsection (a) becomes final, subject to
paragraphs (3) and (4),
``(3) fined under title 18, United States Code, or
imprisoned for not more than 20 years, in the case of a
violation which is committed to facilitate a drug trafficking
crime (as defined in section 929(a)(2) of title 18, United
States Code) or in connection with a crime of violence (as
defined in section 924(c)(3) of title 18, United States Code),
subject to paragraph (4), and
``(4) fined under title 18, United States Code, or
imprisoned for not more than 25 years, in the case of a
violation which is committed to facilitate an act of international or
domestic terrorism (as defined in paragraphs (1) and (5), respectively,
of section 2331 of title 18, United States Code).''; and
(4) in subsection (c) (as redesignated by paragraph (2))--
(A) by striking the first sentence; and
(B) in the second sentence, by striking ``any
violation described in the preceding sentence,
including a first such violation'' and inserting ``a
violation of any of the provisions of this section
committed by any person or other entity in the role of
such person or entity as, or in applying to become, a
certified payee under section 205(j) on behalf of
another individual (other than such person's spouse)''.
(b) Amendments to Title VIII.--Section 811 of such Act (42 U.S.C.
1011) is amended--
(1) in subsection (a), by striking ``shall be fined'' and
all that follows and inserting ``shall be fined, imprisoned, or
both, as provided in subsection (b).'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Punishment.--A person convicted of a violation described in
subsection (a) shall be--
``(1) fined under title 18, United States Code, or
imprisoned for not more than 5 years, or both, in the case of
an initial violation, subject to paragraphs (3) and (4),
``(2) fined under title 18, United States Code, or
imprisoned for not more than 10 years, or both, in the case of
a violation which occurs after a prior conviction for another
offense under subsection (a) becomes final, subject to
paragraphs (3) and (4),
``(3) fined under title 18, United States Code, or
imprisoned for not more than 20 years, in the case of a
violation which is committed to facilitate a drug trafficking
crime (as defined in section 929(a)(2) of title 18, United
States Code) or in connection with a crime of violence (as
defined in section 924(c)(3) of title 18, United States Code),
subject to paragraph (4), and
``(4) fined under title 18, United States Code, or
imprisoned for not more than 25 years, in the case of a
violation which is committed to facilitate an act of
international or domestic terrorism (as defined in paragraphs
(1) and (5), respectively, of section 2331 of title 18, United
States Code).''.
(c) Amendments to Title XVI.--Section 1632 of such Act (42 U.S.C.
1383a) is amended--
(1) in subsection (a), by striking ``shall be fined'' and
all that follows and inserting ``shall be fined, imprisoned, or
both, as provided in subsection (b).'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) A person convicted of a violation described in subsection (a)
shall be--
``(1) fined under title 18, United States Code, or
imprisoned for not more than 5 years, or both, in the case of
an initial violation, subject to paragraphs (3) and (4),
``(2) fined under title 18, United States Code, or
imprisoned for not more than 10 years, or both, in the case of
a violation which occurs after a prior conviction for another
offense under subsection (a) becomes final, subject to
paragraphs (3) and (4),
``(3) fined under title 18, United States Code, or
imprisoned for not more than 20 years, in the case of a
violation which is committed to facilitate a drug trafficking
crime (as defined in section 929(a)(2) of title 18, United
States Code) or in connection with a crime of violence (as
defined in section 924(c)(3) of title 18, United States Code),
subject to paragraph (4), and
``(4) fined under title 18, United States Code, or
imprisoned for not more than 25 years, in the case of a
violation which is committed to facilitate an act of
international or domestic terrorism (as defined in paragraphs
(1) and (5), respectively, of section 2331 of title 18, United
States Code).''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring after the date of the
enactment of this Act.