II 

109TH CONGRESS 

2D SESSION S. 3514 

To amend title 18, United States Code, to restrict the public display on 

the Internet of the last 4 digits of social security account numbers 

by State and local governments, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 14, 2006 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to restrict the public 

display on the Internet of the last 4 digits of social 

security account numbers by State and local governments, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Social Security Num5 ber Online Protection Act of 2006’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 
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1 (1) The inappropriate display of social security 

2 account numbers has contributed to a growing range 

3 of illegal activities, including fraud, identity theft, 

4 stalking, and other crimes that have a substantial 

5 effect on interstate commerce and public safety. 

6 (2) The Federal Government requires virtually 

7 every individual in the United States to obtain and 

8 maintain a social security account number in order 

9 to pay taxes, to qualify for old-age, survivors, and 

10 disability insurance benefits under title II of the So11 cial Security Act, or to seek employment. An unin12 tended consequence of these requirements is that so13 cial security account numbers have become one of 

14 the tools that can be used to facilitate crime, fraud, 

15 and invasions of the privacy of the individuals to 

16 whom the numbers are assigned. Because the Fed17 eral Government created and maintains this system, 

18 and because the Federal Government does not per19 mit individuals to exempt themselves from those re20 quirements, it is appropriate for the Federal Govern21 ment to take steps to stem the abuse of social secu22 rity account numbers. 

23 (3) In most jurisdictions throughout the United 

24 States, State and local law requires that certain 

25 public documents, such as business filings, property 
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1 records, and birth and marriage certificates, be 

2 made available to the general public. These docu3 ments may contain an individual’s social security ac4 count number. An increasing number of official 

5 records repositories, such as repositories maintained 

6 by a Secretary of State’s office or a local clerk’s of7 fice, are storing such records on the Internet. While 

8 online availability of public records improves access, 

9 it also increases the risk that social security account 

10 numbers will be widely displayed and misused. 

11 SEC. 3. PROHIBITION ON THE DISPLAY TO THE GENERAL 

12 PUBLIC ON THE INTERNET OF THE LAST 4 

13 DIGITS OF SOCIAL SECURITY ACCOUNT NUM14 BERS BY STATE AND LOCAL GOVERNMENTS. 

15 (a) IN GENERAL.—Title 18, United States Code, is 

16 amended by inserting after chapter 123 the following new 

17 chapter: 
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1 ‘‘CHAPTER 124—PROHIBITION ON THE 

2 DISPLAY TO THE GENERAL PUBLIC ON 

3 THE INTERNET OF THE LAST 4 DIGITS 

4 OF SOCIAL SECURITY ACCOUNT NUM5 BERS BY STATE AND LOCAL GOVERN6 MENTS 

7 ‘‘§ 2731. Prohibition on the display to the general 

8 public on the Internet of the last 4 digits 

9 of social security account numbers by 

10 State and local governments 

11 ‘‘(a) IN GENERAL.—A State, a political subdivision 

12 of a State, or any officer, employee, or contractor of a 

13 State or a political subdivision of a State, shall not display 

14 to the general public on the Internet the last 4 digits of 

15 any social security account number. 

16 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to supersede, alter, or affect any 

18 restriction or limitation on the display to the general pub19 lic on the Internet of all, or any part of, social security 

20 account numbers provided for in any Federal or State 

21 statute, regulation, order, or interpretation, if the restric22 tion or limitation is greater than that provided under this 

23 section. 
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1 ‘‘§ 2732. Penalties 

2 ‘‘A State or a political subdivision of a State that has 

3 a policy or practice of substantial noncompliance with this 

4 chapter shall be subject to a civil penalty imposed by the 

5 Attorney General of not more than $5,000 a day for each 

6 day of substantial noncompliance. 

7 ‘‘§ 2733. Enforcement 

8 ‘‘The Attorney General may bring a civil action 

9 against a State, a political subdivision of a State, or any 

10 officer, employee, or contractor of a State or a political 

11 subdivision of a State, in any appropriate United States 

12 District Court for appropriate relief with respect to a dis13 play to the general public on the Internet of the last 4 

14 digits of any social security account number in violation 

15 of section 2731. 

16 ‘‘§ 2734. Definitions 

17 ‘‘In this chapter: 

18 ‘‘(1) DISPLAY TO THE GENERAL PUBLIC ON

19 THE INTERNET.— 

20 ‘‘(A) IN GENERAL.—The term ‘display to 

21 the general public on the Internet’ means, in 

22 connection with all, or any part of, a social se23 curity account number, to place such number or 

24 any part of such number in a viewable manner 

25 on an Internet site that is available to the gen26 eral public, including any Internet site that re-
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1 quires a fee for access to information accessible 

2 on or through the site. 

3 ‘‘(B) INCLUSION OF CERTAIN UNPRO4 TECTED TRANSMISSIONS.—In any case in which 

5 a State, a political subdivision of a State, or 

6 any officer, employee, or contractor of a State 

7 or a political subdivision of a State, requires as 

8 a condition of doing business transmittal of all, 

9 or any part of, an individual’s social security 

10 account number by means of the Internet with11 out reasonable provisions to ensure that such 

12 number is encrypted or otherwise secured from 

13 disclosure, any such transmittal of such number 

14 shall be treated as a ‘display to the general 

15 public on the Internet’ for purposes of this 

16 chapter. 

17 ‘‘(2) PERSON.—The term ‘person’ means an in18 dividual, organization, or entity, but does not include 

19 a State or any executive, legislative, or judicial agen20 cy of a State. 

21 ‘‘(3) SOCIAL SECURITY ACCOUNT NUMBER.— 

22 The term ‘social security account number’ means the 

23 account number assigned to an individual by the 

24 Commissioner of Social Security in the exercise of 

25 the Commissioner’s authority under section 
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1 205(c)(2) of the Social Security Act and includes 

2 any derivative of such number.’’. 

3 (b) CLERICAL AMENDMENT.—The table of parts at 

4 the beginning of part I of title 18, United States Code, 

5 is amended by adding at the end the following new item: 

‘‘124. Prohibition on the display to the general public on the Internet 

of social security account numbers by state and local 

governments .................................................................. 2731’’. 

6 (c) EFFECTIVE DATE.—The amendment made by 

7 subsection (a) shall apply to violations occurring on or 

8 after the date of enactment of this Act. 

9 SEC. 4. GRANTS TO STATE AND LOCAL GOVERNMENTS TO 

10 COME INTO COMPLIANCE WITH THE PROHI11 BITION ON THE DISPLAY TO THE GENERAL 

12 PUBLIC ON THE INTERNET OF THE LAST 4 

13 DIGITS OF SOCIAL SECURITY ACCOUNT NUM14 BERS. 

15 (a) IN GENERAL.—The Attorney General shall award 

16 grants to States and political subdivisions of States to 

17 carry out activities to remove or redact the last 4 digits 

18 of social security account numbers from forms and records 

19 of executive, legislative, and judicial agencies of States and 

20 political subdivisions of States that, as of the date of en21 actment of this Act, have been displayed to the general 

22 public on the Internet and would be a violation of chapter 

23 124 of title 18, United States Code, (as added by section 
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1 3) if that chapter had been in effect at the time such num2 bers were first displayed. 

3 (b) APPLICATION.—A State or political subdivision of 

4 a State desiring a grant under this section shall submit 

5 an application to the Attorney General at such time, in 

6 such manner, and containing such information as the At7 torney General shall require. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to the Attorney General to 

10 carry out this section, $10,000,000 for each of fiscal years 

11 2007 and 2008. 

12 (d) DEFINITION OF STATE.—In this section, the term 

13 ‘‘State’’ means each of the 50 States, the District of Co14 lumbia, the Commonwealth of Puerto Rico, the United 

15 States Virgin Islands, Guam, and the Commonwealth of 

16 the Northern Marianas. 

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