[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2801 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2801
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 SENATE OF THE UNITED STATES
September 14, 2004
Mrs. Feinstein introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
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 2004''.
(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.
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 government employee identification cards
or tags.
Sec. 106. Prohibition of inmate access to Social Security account
numbers.
Sec. 107. Measures to preclude unauthorized disclosure of Social
Security account numbers and protect the
confidentiality of such numbers.
Sec. 108. Prohibition of sale, purchase, and display to the general
public of the Social Security account
number in the private sector.
Sec. 109. Confidential treatment of credit header information.
Sec. 110. 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.
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 a 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 not sell or display to the general
public any Social Security account number if such number has been
disclosed to such agency, instrumentality, trustee, or agent pursuant
to the assertion by such an agency, instrumentality, trustee, or agent
to any person that disclosure of such number is mandatory.
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), (VI), (VII), and (VIII)
(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 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 as provided in
subparagraph (I) of this paragraph.
``(IV) 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 required
to comply with a tax law of the United States or of any State (or
political subdivision thereof).
``(V) 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.
``(VI) 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. 1681a(f))) for use or disclosure solely
for permissible purposes described in section 604(a) of such Act (15
U.S.C. 1681b(a)).
``(VII) 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 necessary for research
(other than market research) conducted by any agency or instrumentality
referred to in subclause (I) (or an agent of such an agency or
instrumentality) for the purpose of advancing the public good, on the
condition that the researcher provides adequate assurances that the
Social Security account numbers will not be used to harass, target, or
publicly reveal information concerning any identifiable individuals,
that 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 that the
researcher has in place appropriate safeguards to protect the privacy
and confidentiality of any information about identifiable individuals,
including procedures to ensure that the Social Security account numbers
will be encrypted or otherwise appropriately secured from unauthorized
disclosure. In the case of Social Security account numbers which
constitute personally identifiable medical information, the
Commissioner of Social Security, with respect to medical research
referred to in the preceding sentence, and the Attorney General of the
United States, with respect to any medical research not referred to in
the preceding sentence but which is treated in regulations of the
Attorney General issued pursuant to subclause (VIII), shall maintain
ongoing consultation with the Office for Civil Rights of the Department
of Health and Human Services to ensure that the sale or purchase of
such Social Security account numbers is permitted only in compliance
with existing Federal rules and regulations prescribed by the Secretary
of Health and Human Services pursuant to section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (110 Stat. 2033).
``(VIII) 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 may be specified in regulations issued as
provided in subparagraph (I) of this paragraph.
``(IX) This clause does not apply with respect to a Social Security
account number of a deceased individual.
``(X) 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.
``(XI) For purposes of this clause, the term `display to the
general public' shall have the meaning provided such term in section
208A(a)(3)(A). In any case in which an agency, instrumentality,
trustee, or agent referred to in subclause (I) requires transmittal to
such agency, instrumentality, trustee, or agent of an individual's
Social Security account number by means of the Internet without
reasonable provisions to ensure that such number is encrypted or
otherwise appropriately secured from disclosure, any such transmittal
of such number as so required shall be treated, for purposes of this
clause, as a `display to the general public' of such number by such
agency, instrumentality, trustee, or agent for purposes of this clause.
``(XII) For purposes of this clause, the term Social Security
account number includes any derivative of such number. Notwithstanding
the preceding sentence, any expression, contained in or on any item
sold or displayed to the general public, shall not be treated as a
Social Security account number solely because such expression sets
forth not more than the last 4 digits of such number if the remainder
of such number cannot be determined based solely on such expression or
any other matter presented in such material.
``(XIII) Nothing in this clause shall be construed to supersede,
alter, or affect any restriction or limitation on the sale or display
to the general public of Social Security account numbers, provided in
any Federal statute, regulation, order, or interpretation, if the
restriction or limitation is greater than that provided under this
clause, as determined under applicable regulations issued by the
Commissioner of Social Security or by the Attorney General of the
United States or another agency or instrumentality of the United States
as provided in subparagraph (I) of this paragraph.''.
(b) Effective Date and Related Rules.--
(1) In general.--Initial final regulations prescribed to
carry out the provisions of section 205(c)(2)(C)(x) of the
Social Security Act (added by this section) shall be issued not
later than the last date of the 18th calendar month following
the date of the enactment of this Act. Such provisions shall
take effect, with respect to matters governed by such
regulations issued by the Commissioner of Social Security, or
(pursuant to section 205(c)(2)(I) of such Act (added by section
102)) by the Attorney General of the United States or any other
agency or instrumentality of the United States, 1 year after
the date of the issuance of such regulations by the
Commissioner, the Attorney General, or such other agency or
instrumentality, respectively. 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 108), to such
displays originally occurring after such 1-year period. Such
provisions shall not apply with respect to any display of a
record (containing a Social Security account number (or any
derivative thereof)) generated prior to the close of such 1-
year period.
(2) Sunset of exception.--The last sentence of subclause
(XI) of section 205(c)(2)(C)(x) of the Social Security Act
(added by this section) shall cease to be effective with
respect to sales, purchases, or displays to the general public
occurring after 6 years after the 18th calendar month referred
to in paragraph (1).
SEC. 102. REGULATORY AUTHORITY.
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) The Attorney General of the United States shall prescribe
regulations to carry out the provisions of subclauses (III) and (VIII)
of subparagraph (C)(x) of this paragraph, subparagraphs (A) and (B) of
section 208A(b)(2), section 208A(b)(3)(B), and section 208A(c)(2). In
issuing such regulations, the Attorney General shall consult with the
Commissioner of Social Security, the Secretary of Health and Human
Services, the Secretary of Homeland Security, the Secretary of the
Treasury, the Federal Trade Commission, the Federal banking agencies
(as defined in section 3 of the Federal Deposit Insurance Act), the
National Credit Union Administration, the Securities and Exchange
Commission, State attorneys general, and such representatives of the
State insurance commissioners as may be designated by the National
Association of Insurance Commissioners. Any agency or instrumentality
of the United States may exercise the authority of the Attorney General
under this subparagraph, with respect to matters otherwise subject to
regulation by such agency or instrumentality, to the extent determined
appropriate in regulations of the Attorney General.
``(ii) In issuing the regulations described in clause (i) pursuant
to the provisions of subparagraph (C)(x)(III), paragraph (A) or (B) of
section 208A(b)(2), or section 208A(c)(2) (relating to law enforcement
and national security), the Attorney General may authorize the sale or
purchase of Social Security account numbers only if the Attorney
General determines that--
``(I) such sale or purchase would serve a compelling public
interest that cannot reasonably be served through alternative
measures, and
``(II) such sale or purchase will not pose an unreasonable
risk of identity theft, or 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) In issuing the regulations described in clause (i) pursuant
to the provisions of subparagraph (C)(x)(VIII) of this paragraph or
section 208A(b)(3)(B), the Attorney General may authorize the sale,
purchase, or display to the general public of Social Security account
numbers only after considering, among other relevant factors--
``(I) the associated cost or burden to the general public,
businesses, commercial enterprises, non-profit organizations,
and Federal, State, and local governments; and
``(II) the associated benefit to the general public,
businesses, commercial enterprises, non-profit associations,
and Federal, State, and local governments.
``(iv) If, after considering the factors in clause (iii), the
Attorney General authorizes, in regulations referred to in clause
(iii), the sale, purchase, or display to the general public of Social
Security account numbers, 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,
deceptions, or crime, and
``(II) to prevent an unreasonable risk of identity theft or
bodily, emotional, or financial harm to any individual,
considering the nature, likelihood, and severity of the
anticipated harm 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.
``(v) In the issuance of regulations pursuant to this subparagraph,
notice shall be provided as described in paragraphs (1), (2), and (3)
of section 553(b) of title 5, United States Code, and opportunity to
participate in the rule making shall be provided in accordance with
section 553(c) of such title.
``(vi) Each agency and instrumentality exercising authority to
issue regulations under this subparagraph shall consult and coordinate
with the other such agencies and instrumentalities for the purposes of
assuring, to the extent possible, that the regulations prescribed by
each such agency or instrumentality are consistent and comparable, as
appropriate, with the regulations prescribed by the other such agencies
and instrumentalities. The Attorney General shall undertake to
facilitate such consultation and coordination.
``(vii) For purposes of this subparagraph, the terms `sell',
`purchase', and `display to the general public' shall have the meanings
provided such terms under subparagraph (C)(x) of this paragraph or
under section 208A(a), as applicable.
``(viii) For purposes of this subparagraph, subparagraph (C)(x)(XI)
shall apply.''.
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 (or any derivative of such number) 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) Any 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 a Social Security account
number issued by the Commissioner of Social Security (or any derivative
of such number) 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 or
include on any such license, registration, or other document a magnetic
strip, bar code, or other means of communication which conveys such
number (or derivative thereof).''.
(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 GOVERNMENT 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 executive, legislative, or judicial agency or
instrumentality of the Federal Government or of a State or political
subdivision thereof, and no other person offering benefits in
connection with an employee benefit plan maintained by such agency or
instrumentality or acting as an agent of such agency or
instrumentality, may display a Social Security account number (or any
derivative thereof) on any card or tag that is commonly provided to
employees of such agency or instrumentality (or to their family
members) for purposes of identification or include on such card or tag
a magnetic strip, bar code, or other means of communication which
conveys such number.''.
(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:
``(xiii) 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
(xiii) 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. MEASURES TO PRECLUDE UNAUTHORIZED DISCLOSURE OF SOCIAL
SECURITY ACCOUNT NUMBERS AND PROTECT THE CONFIDENTIALITY
OF SUCH 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) Except as otherwise provided in this paragraph, in the case
of any executive, legislative, or judicial agency or instrumentality of
the Federal Government or of a State or political subdivision thereof
and any trustee appointed in a case under title 11, United States Code
(and any agent of such agency, instrumentality, or trustee) having in
its possession an individual's Social Security account number--
``(I) no officer or employee thereof shall have access to
such number for any purpose other than the effective
administration of the statutory provisions governing its
functions,
``(II) such agency, instrumentality, trustee, or agent
shall restrict, to the satisfaction of the Commissioner of
Social Security, access to Social Security account numbers
obtained thereby to officers and employees thereof whose duties
or responsibilities require access for the administration or
enforcement of such provisions, and
``(III) such agency, instrumentality, trustee, or agent
shall provide such other safeguards as the Commissioner of
Social Security determines to be necessary or appropriate to
preclude unauthorized access to the Social Security account
number and to otherwise protect the confidentiality of such
number.
For purposes of this clause the term Social Security account number
includes any derivative thereof. ''.
(b) Effective Date.--The amendment made by this section shall take
effect 1 year after the date of the enactment of this Act.
SEC. 108. PROHIBITION OF THE SALE, PURCHASE, AND 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, and display to the general public
of the Social Security account number in the private sector.
``Sec. 208A. (a) Definitions.--For purposes of 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),
``(ii) the administration of, or provision
of benefits under, an employee benefit plan, or
``(iii) the sale, lease, merger, transfer,
or exchange of a trade or business.
``(3) Display to the general public.--
``(A) In general.--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.
``(B) Internet transmissions.--In any case in which
a person requires, as a condition of doing business
with such person, transmittal to such person of an
individual's Social Security account number by means of
the Internet without reasonable provisions to ensure
that such number is encrypted or otherwise secured from
disclosure, any such transmittal of such number as so
required shall be treated as a `display to the general
public' of such number by such person.
``(4) Social security account number.--The term `Social
Security account number' has the meaning given such term in
section 208(c), except that such term includes any derivative
of such number. Notwithstanding the preceding sentence, any
expression, contained in or on any item sold or displayed to
the general public, shall not be treated as a Social Security
account number solely because such expression sets forth not
more than the last 4 digits of such number, if the remainder of
such number cannot be determined based solely on such
expression or any other matter presented in or on such item.
``(b) Prohibition of Sale, Purchase, and Display to the General
Public.--(1) Except as provided in paragraph (2), it shall be unlawful
for any person to--
``(A) sell or purchase a Social Security account number or
display to the general public a Social Security account number,
or
``(B) 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.
``(2) Notwithstanding paragraph (1), and subject to paragraph (3),
a Social Security account number may be sold or purchased 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 issued as
provided in section 205(c)(2)(I);
``(B) to the extent necessary for national security
purposes, as determined under regulations issued as provided in
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 that the sale or purchase is required
to comply with a tax law of the United States or of any State
(or political subdivision thereof);
``(F) to the extent that the sale or purchase is to or by a
consumer reporting agency (as defined in section 603(f) of the
Fair Credit Reporting Act (15 U.S.C. 1681a(f))) for use or
disclosure solely for permissible purposes described in section
604(a) of such Act (15 U.S.C. 1681b(a)); and
``(G) to the extent necessary for research (other than
market research) conducted by an agency or instrumentality of
the United States or of a State or political subdivision
thereof (or an agent of such an agency or instrumentality) for
the purpose of advancing the public good, 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,
including procedures to ensure that the Social Security
account numbers will be encrypted or otherwise
appropriately secured from unauthorized disclosure.
``(3) Notwithstanding paragraph (1), a Social Security account
number assigned to an individual may be sold, purchased, or displayed
to the general public by any person--
``(A) to the extent consistent with such individual's
voluntary and affirmative written consent to the sale,
purchase, or display of the Social Security account number, but
only if--
``(i) the terms of the consent and the right to
refuse consent are presented to the individual in a
clear, conspicuous, and understandable manner,
``(ii) the individual is placed under no obligation
to provide consent to any such sale, purchase, or
display, and
``(iii) the terms of the consent authorize the
individual to limit the sale, purchase, or display to
purposes directly associated with the transaction with
respect to which the consent is sought, and
``(B) under such circumstances as may be deemed appropriate
in regulations issued as provided under section 205(c)(2)(I).
``(4) In the case of Social Security account numbers which
constitute personally identifiable medical information--
``(A) the Commissioner of Social Security, with respect to
medical research referred to in paragraph (3)(A), and
``(B) the Attorney General of the United States, with
respect to any medical research not referred to in paragraph
(3)(A) but which is treated in regulations of the Attorney
General issued pursuant to paragraph (3)(B),
shall maintain ongoing consultation with the Office for Civil Rights of
the Department of Health and Human Services to ensure that the sale or
purchase of such Social Security account numbers is permitted only in
compliance with existing Federal rules and regulations prescribed by
the Secretary of Health and Human Services pursuant to section 264(c)
of the Health Insurance Portability and Accountability Act of 1996 (110
Stat. 2033).
``(c) Prohibition of Unauthorized Disclosure to Government Agencies
or Instrumentalities.--(1) It shall be unlawful for any person to
communicate by any means to any agency or instrumentality of the United
States or of any State or political subdivision thereof the Social
Security account number of any individual other than such person
without the written permission of such individual, unless the number
was requested by the agency or instrumentality. In the case of an
individual who is legally incompetent, permission provided by the
individual's legal representatives shall be deemed to be permission
provided by such individual.
``(2) Paragraph (1) shall not apply to the extent necessary--
``(A) for law enforcement, including (but not limited to)
the enforcement of a child support obligation, or
``(B) for national security purposes,
as determined under regulations issued as provided under section
205(c)(2)(I).
``(d) Prohibition of the Displays on Cards or Tags Required for
Access to Goods, Services, or Benefits.--No person may display a Social
Security account number on any card or tag issued to any other person
for the purpose of providing such other person access to any goods,
services, or benefits or include on such card or tag a magnetic strip,
bar code, or other means of communication which conveys such number.
``(e) Prohibition of the Displays on Employee Identification Cards
or Tags.--No person that is an employer, and no other person offering
benefits in connection with an employee benefit plan maintained by such
employer or acting as an agent of such employer, may display a Social
Security account number on any card or tag that is commonly provided to
employees of such employer (or to their family members) for purposes of
identification or include on such card or tag a magnetic strip, bar
code, or other means of communication which conveys such number.
``(f) Measures to Preclude Unauthorized Disclosure of Social
Security Account Numbers and Protect the Confidentiality of Such
Numbers.--Subject to the preceding provisions of this section, any
person having in such person's records the Social Security account
number of any individual other than such person shall, to the extent
that such records are maintained for the conduct of such person's trade
or business--
``(1) ensure that no officer or employee thereof has access
to such number for any purpose other than as necessary for the
conduct of such person's trade or business,
``(2) restrict, in accordance with regulations of the
Commissioner, access to Social Security account numbers
obtained thereby to officers and employees thereof whose duties
or responsibilities require access for the conduct of such
person's trade or business, and
``(3) provide such safeguards as may be specified, in
regulations of the Commissioner, to be necessary or appropriate
to preclude unauthorized access to the Social Security account
number and to otherwise protect the confidentiality of such
number.
``(g) Deceased Individuals.--This section does not apply with
respect to the Social Security account number of a deceased individual.
``(h) 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.
``(i) Applicability of Other Protections.--Nothing in this section
shall be construed to supersede, alter, or affect any restriction or
limitation on the sale, purchase, display to the general public, or
other disclosure of Social Security account numbers, provided in any
Federal statute, regulation, order, or interpretation, if the
restriction or limitation is greater than that provided under this
section, as determined under applicable regulations issued by the
Commissioner of Social Security or by the Attorney General of the
United States or another agency or instrumentality of the United States
as provided in section 205(c)(2)(I).''.
(b) Effective Date and Related Rules.--
(1) In general.--Initial final regulations prescribed to
carry out the provisions of section 208A of the Social Security
Act (added by this section) shall be issued not later than the
last date of the 18th calendar month following the date of the
enactment of this Act. Such provisions shall take effect, with
respect to matters governed by such regulations issued by the
Commissioner of Social Security, or (pursuant to section
205(c)(2)(I) of such Act (added by section 102)) by the
Attorney General of the United States or any other agency or
instrumentality of the United States, 1 year after the date of
the issuance of such regulations by the Commissioner, the
Attorney General, or such other agency or instrumentality,
respectively. Section 208A(b) of such Act shall apply in the
case of displays to the general public (as defined in section
208A(a)(3) of such Act) to such displays to the general public
originally occurring after such 1-year period. Such provisions
shall not apply with respect to any such display to the general
public of a record (containing a Social Security account number
(or any derivative thereof)) generated prior to the close of
such 1-year period.
(2) Sunset of exception.--The last sentence of section
208A(a)(4) of the Social Security Act (added by this section)
shall cease to be effective with respect to sales, purchases,
or displays to the general public occurring after 6 years after
the 18th calendar month referred to in paragraph (1).
SEC. 109. 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. 110. 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 270 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 2 years 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 1 year 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 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 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 restrict the issuance of
multiple replacement Social Security cards to any individual to 3 per
year and to 10 for the life of the individual, except in any case in
which the Commissioner determines there is minimal opportunity for
fraud.''.
(b) Regulations and Effective Date.--The Commissioner of Social
Security shall issue regulations under the amendment made by subsection
(a) not later than 1 year after the date of the enactment of this Act.
Systems controls developed by the Commissioner pursuant to such
amendment shall take effect upon the earlier of the issuance of such
regulations or the end of such 1-year period.
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 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 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) 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), willfully acts or fails to act so as to cause
a violation of section 205(c)(2)(C)(xi); 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), (xi), or (xiv) 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.
1320a-8(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) 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, 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);
``(K) 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), (xi), or (xiv) of
section 205(c)(2)(C);
``(L) violates section 208A (relating to prohibition of the
sale, purchase, or display of the Social Security account
number in the private sector); or
``(M) 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), (L), and (M)
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 State
employee of a State disability determination service, any
officer, employee, or contractor of the Social Security
Administration, any employee of such a contractor, 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.
``(d) 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; 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).''; 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 subsections (b) and (c) as subsections
(c) and (d), respectively; 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.
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