I 

108TH CONGRESS 

1ST SESSION H. R. 2633

To establish methods for preventing identity theft and to amend the Fair 

Credit Reporting Act to protect consumers’ sensitive, private healthrelated information, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2003

Mr. EMANUEL (for himself, Mr. OSE, Mr. FROST, Mr. SANDERS, Ms. HOOLEY

of Oregon, Mr. OBERSTAR, Ms. DELAURO, Mr. BOUCHER, Mr. DAVIS of 

Alabama, Ms. CARSON of Indiana, Mr. DAVIS of Illinois, Mr. LANTOS, 

Mr. CARDOZA, Mr. TIERNEY, Mr. CASE, Mr. GRIJALVA, Mrs. MCCARTHY

of New York, Ms. LINDA T. SA ́NCHEZ of California, and Mr. SERRANO) 

introduced the following bill; which was referred to the Committee on 

Ways and Means, and in addition to the Committees on Energy and 

Commerce, the Judiciary, and Financial Services, 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 establish methods for preventing identity theft and to 

amend the Fair Credit Reporting Act to protect consumers’ sensitive, private health-related information, 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,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Identity Theft Protec3 tion and Information Blackout Act of 2003’’.

4 SEC. 2. RESTRICTIONS ON THE SALE OF SOCIAL SECURITY 

5 ACCOUNT NUMBERS BY GOVERNMENTAL 

6 AGENCIES. 

7 (a) IN GENERAL.—Section 205(c)(2)(C) of the Social 

8 Security Act (42 U.S.C. 405(c)(2)(C)) is amended by add9 ing at the end the following new clause: 

10 ‘‘(x) No executive, legislative, or judicial agency or 

11 instrumentality of the Federal Government or of a State 

12 or a political subdivision thereof or trustee appointed in 

13 a case under title 11, United States Code (or person act14 ing as an agent of such an agency or instrumentality or 

15 trustee) in possession of any individual’s social security 

16 account number may accept an item of material value in 

17 exchange for such number, or any derivative thereof. Not18 withstanding the preceding sentence, such number (or de19 rivative) may be made available or disclosed in such an 

20 exchange in accordance with the following exceptions (and 

21 for no other purpose): 

22 ‘‘(I) Such number (or derivative) may be dis23 closed in such an exchange by a State department 

24 of motor vehicles as authorized under subsection (b) 

25 of section 2721 of title 18, United States Code, if 

26 such disclosed number (or derivative) is to be used 
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1 solely for the purposes permitted under paragraph 

2 (1), (6) or (9) of such subsection. 

3 ‘‘(II) Such number (or derivative) may be made 

4 available in such an exchange to a consumer report5 ing agency, as defined in section 603(f) of the Fair 

6 Credit Reporting Act (15 U.S.C. 1681a(f)), exclu7 sively for use in accordance with such Act. 

8 ‘‘(III) Such number (or derivative) may be dis9 closed in such an exchange to the extent that is nec10 essary or appropriate for law enforcement or na11 tional security purposes, as determined under regu12 lations which shall be issued by the Attorney Gen13 eral of the United States. 

14 ‘‘(IV) Such an exchange may occur to the ex15 tent it is otherwise specifically authorized by this 

16 Act.’’.

17 (b) EFFECTIVE DATE.—The amendment made by 

18 this section shall apply with respect to violations occurring 

19 after 2 years after the date of the enactment of this Act. 

20 SEC. 3. PROHIBITION OF THE DISPLAY TO THE GENERAL 

21 PUBLIC OF SOCIAL SECURITY ACCOUNT NUM22 BERS POSSESSED BY GOVERNMENTAL AGEN23 CIES. 

24 (a) IN GENERAL.—Section 205(c)(2)(C) of the Social 

25 Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by 
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1 section 2) is amended further by adding at the end the 

2 following new clause: 

3 ‘‘(xi)(I) No executive, legislative, or judicial agency 

4 or instrumentality of the Federal Government or of a 

5 State or a political subdivision thereof or trustee appointed 

6 in a case under title 11, United States Code (or person 

7 acting as an agent of such an agency or instrumentality 

8 or trustee), may display to the general public any individ9 ual’s social security account number, or any derivative of 

10 such number. Notwithstanding the preceding sentence, 

11 such number (or derivative) may be so displayed in accord12 ance with the exceptions specified in subclauses (II) and 

13 (III) (and for no other purpose). 

14 ‘‘(II) Such number (or derivative) may be so dis15 played to a consumer reporting agency, as defined in sec16 tion 603(f) of the Fair Credit Reporting Act (15 U.S.C. 

17 1681a(f)), exclusively for use in accordance with such Act. 

18 ‘‘(III) Such number (or derivative) may be so dis19 played to the extent that is necessary or appropriate for 

20 law enforcement or national security purposes, as deter21 mined under regulations which shall be issued by the At22 torney General of the United States. 

23 ‘‘(IV) For purposes of this clause, the term ‘display 

24 to the general public’ in connection with a social security 

25 account number, or a derivative thereof, means the inten-
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1 tional placing of such number or derivative in a viewable 

2 manner on an Internet site that is available to the general

3 public. Each such agency or instrumentality or trustee 

4 shall ensure that access to such numbers, and any deriva5 tive of such numbers, is restricted to persons who may 

6 obtain them in accordance with this clause and other ap7 plicable law.’’. 

8 (b) EFFECTIVE DATE.—Agencies and instrumental9 ities and trustees (and agents thereof) shall comply with 

10 the requirements of clause (xi) of section 205(c)(2)(C) of 

11 the Social Security Act (added by this section) as soon 

12 as practicable after the date of the enactment of this Act. 

13 Such clause (xi) shall apply with respect to all displays 

14 originally occurring after 2 years after the date of the en15 actment of this Act. 

16 SEC. 4. PROHIBITION OF THE DISPLAY OF SOCIAL SECU17 RITY ACCOUNT NUMBERS ON CHECKS 

18 ISSUED FOR PAYMENT BY GOVERNMENTAL 

19 AGENCIES. 

20 (a) IN GENERAL.—Section 205(c)(2)(C) of the Social 

21 Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by the 

22 preceding provisions of this Act) is amended further by 

23 adding at the end the following new clause: 

24 ‘‘(xii) No executive, legislative, or judicial agency or 

25 instrumentality of the Federal Government or of a State 
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1 or a political subdivision thereof or trustee appointed in 

2 a case under title 11, United States Code (or person act3 ing as an agent of such an agency or instrumentality or 

4 trustee) may include the social security account number 

5 of any individual on any check issued for any payment 

6 by the Federal Government, any State or political subdivi7 sion thereof, or any agency or instrumentality thereof, or 

8 such trustee or on any document attached to or accom9 panying such a check.’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 this section shall apply with respect to violations occurring 

12 after 2 years after the date of the enactment of this Act. 

13 SEC. 5. PROHIBITION OF THE APPEARANCE OF SOCIAL SE14 CURITY ACCOUNT NUMBERS ON DRIVER’S LI15 CENSES OR MOTOR VEHICLE REGISTRA16 TIONS. 

17 (a) IN GENERAL.—Section 205(c)(2)(C)(vi) of the 

18 Social Security Act (42 U.S.C. 405(c)(2)(C)(vi)) is 

19 amended—

20 (1) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and 

21 (2) by adding at the end the following new sub22 clause: 

23 ‘‘(II) A State or political subdivision thereof (and any 

24 person acting as an agent of such an agency or instrumen25 tality), in the administration of any driver’s license or 
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1 motor vehicle registration law within its jurisdiction, may 

2 not disclose the social security account numbers issued by 

3 the Commissioner of Social Security, or any derivative of 

4 such numbers, on any driver’s license or motor vehicle reg5 istration or any other document issued by such State or 

6 political subdivision to an individual for purposes of identi7 fication of such individual.’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply with respect to licenses, registra10 tions, and other documents issued or reissued after 1 year 

11 after the date of the enactment of this Act.

12 SEC. 6. PROHIBITION OF THE SALE, PURCHASE, OR DIS13 PLAY OF THE SOCIAL SECURITY ACCOUNT 

14 NUMBER IN THE PRIVATE SECTOR. 

15 (a) PROHIBITION.—

16 (1) IN GENERAL.—Chapter 47 of title 18, 

17 United States Code, is amended by inserting after 

18 section 1028 the following: 

19 ‘‘§ 1028A. Prohibition of the display, sale, or purchase 

20 of social security numbers 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) DISPLAY.—The term ‘display’ means to in23 tentionally communicate or otherwise make available 

24 (on the Internet or in any other manner) to the gen25 eral public an individual’s social security number. 
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1 ‘‘(2) PERSON.—The term ‘person’ means any 

2 individual, partnership, corporation, trust, estate, co3 operative, association, or any other entity. 

4 ‘‘(3) PURCHASE.—The term ‘purchase’ means 

5 providing directly or indirectly, anything of value in 

6 exchange for a social security number. 

7 ‘‘(4) SALE.—The term ‘sale’ means obtaining, 

8 directly or indirectly, anything of value in exchange 

9 for a social security number. 

10 ‘‘(5) STATE.—The term ‘State’ means any 

11 State of the United States, the District of Columbia, 

12 Puerto Rico, the Northern Mariana Islands, the 

13 United States Virgin Islands, Guam, American 

14 Samoa, and any territory or possession of the 

15 United States. 

16 ‘‘(b) LIMITATION ON DISPLAY.—Except as provided 

17 in section 1028B, no person may display any individual’s 

18 social security number to the general public without the 

19 affirmatively expressed consent of the individual. 

20 ‘‘(c) LIMITATION ON SALE OR PURCHASE.—Except 

21 as otherwise provided in this section, no person may sell 

22 or purchase any individual’s social security number with23 out the affirmatively expressed consent of the individual. 

24 ‘‘(d) PREREQUISITES FOR CONSENT.—In order for 

25 consent to exist under subsection (b) or (c), the person 
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1 displaying or seeking to display, selling or attempting to 

2 sell, or purchasing or attempting to purchase, an individ3 ual’s social security number shall—

4 ‘‘(1) inform the individual of the general pur5 pose for which the number will be used, the types of 

6 persons to whom the number may be available, and 

7 the scope of transactions permitted by the consent; 

8 and 

9 ‘‘(2) obtain the affirmatively expressed consent 

10 (electronically or in writing) of the individual. 

11 ‘‘(e) EXCEPTIONS.—Nothing in this section shall be 

12 construed to prohibit or limit the display, sale, or purchase 

13 of a social security number—

14 ‘‘(1) required, authorized, or excepted under 

15 any Federal law; 

16 ‘‘(2) for a public health purpose, including the 

17 protection of the health or safety of an individual in 

18 an emergency situation; 

19 ‘‘(3) for a national security purpose; 

20 ‘‘(4) for a law enforcement purpose, including 

21 the investigation of fraud and the enforcement of a 

22 child support obligation; 

23 ‘‘(5) if the display, sale, or purchase of the 

24 number is for a use occurring as a result of an inter25 action between businesses, governments, or business
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1 and government (regardless of which entity initiates 

2 the interaction), including, but not limited to—

3 ‘‘(A) the prevention of fraud (including 

4 fraud in protecting an employee’s right to em5 ployment benefits); 

6 ‘‘(B) the facilitation of credit checks or the 

7 facilitation of background checks of employees, 

8 prospective employees, or volunteers; 

9 ‘‘(C) the retrieval of other information 

10 from other businesses, commercial enterprises, 

11 government entities, or private nonprofit orga12 nizations; or 

13 ‘‘(D) when the transmission of the number 

14 is incidental to, and in the course of, the sale, 

15 lease, franchising, or merger of all, or a portion 

16 of, a business; 

17 ‘‘(6) if the transfer of such a number is part of 

18 a data matching program involving a Federal, State, 

19 or local agency; or 

20 ‘‘(7) if such number is required to be submitted 

21 as part of the process for applying for any type of 

22 Federal, State, or local government benefit or pro23 gram; 

24 except that, nothing in this subsection shall be con25 strued as permitting a professional or commercial 
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1 user to display or sell a social security number to 

2 the general public. 

3 ‘‘(f) LIMITATION.—Nothing in this section shall pro4 hibit or limit the display, sale, or purchase of social secu5 rity numbers as permitted under title V of the Gramm6 Leach-Bliley Act, or for the purpose of affiliate sharing 

7 as permitted under the Fair Credit Reporting Act, except 

8 that no entity regulated under such Acts may make social 

9 security numbers available to the general public, as may 

10 be determined by the appropriate regulators under such 

11 Acts. For purposes of this subsection, the general public 

12 shall not include affiliates or unaffiliated third-party busi13 ness entities as may be defined by the appropriate regu14 lators.’’. 

15 (2) CONFORMING AMENDMENT.—The chapter 

16 analysis for chapter 47 of title 18, United States 

17 Code, is amended by inserting after the item relating 

18 to section 1028 the following:

‘‘1028A. Prohibition of the display, sale, or purchase of social security numbers.’’.

19 (b) STUDY; REPORT.—

20 (1) IN GENERAL.—The Attorney General shall 

21 conduct a study and prepare a report on all of the 

22 uses of social security numbers permitted, required, 

23 authorized, or excepted under any Federal law. The 

24 report shall include a detailed description of the uses 
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1 allowed as of the date of enactment of this Act and 

2 shall evaluate whether such uses should be continued 

3 or discontinued by appropriate legislative action. 

4 (2) REPORT.—Not later than 1 year after the 

5 date of enactment of this Act, the Attorney General 

6 shall report to Congress findings under this sub7 section. The report shall include such recommenda8 tions for legislation based on criteria the Attorney 

9 General determines to be appropriate. 

10 SEC. 7. REFUSAL TO DO BUSINESS WITHOUT RECEIPT OF 

11 SOCIAL SECURITY ACCOUNT NUMBER CON12 SIDERED UNFAIR OR DECEPTIVE ACT OR 

13 PRACTICE. 

14 (a) IN GENERAL.—Any person who refuses to do 

15 business with an individual because the individual will not 

16 consent to the receipt by such person of the social security 

17 account number of such individual shall be considered to 

18 have committed an unfair or deceptive act or practice in 

19 violation of section 5 of the Federal Trade Commission 

20 Act (15 U.S.C. 45). Action may be taken under such sec21 tion 5 against such a person. 

22 (b) EXCEPTION.—Subsection (a) shall not apply to 

23 any person in any case in which such person, in connection 

24 with doing business with an individual, is required—
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1 (1) under Federal law to submit to the Federal 

2 Government such individual’s Social Security ac3 count number; or 

4 (2) under Federal or State law to collect or use 

5 the individual’s Social Security account number. 

6 SEC. 8. CONFIDENTIAL TREATMENT OF CREDIT HEADER 

7 INFORMATION. 

8 (a) IN GENERAL.—Section 603 of the Fair Credit 

9 Reporting Act (15 U.S.C. 1681a) is amended by adding 

10 at the end the following new subsection: 

11 ‘‘(q) CONFIDENTIAL TREATMENT OF CREDIT HEAD12 ER INFORMATION.—Information regarding the social se13 curity account number of the consumer, or any derivative 

14 thereof, may not be furnished to any person by a consumer 

15 reporting agency other than in a full consumer report fur16 nished in accordance with section 604 and other require17 ments of this title or as otherwise required by Federal 

18 law.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 this section shall take effect 60 days after the date of the 

21 enactment of this Act. 

22 SEC. 9. EXTENSION OF CIVIL MONETARY PENALTY AU23 THORITY. 

24 (a) APPLICATION OF CIVIL MONEY PENALTIES TO

25 ELEMENTS OF CRIMINAL VIOLATIONS.—Section 1129(a) 
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1 of the Social Security Act (42 U.S.C. 1320a–8(a)) is 

2 amended—

3 (1) by redesignating paragraph (2) as para4 graph (4); 

5 (2) by designating the last sentence of para6 graph (1) as a new paragraph (2), appearing after 

7 and below paragraph (1); and 

8 (3) by inserting after paragraph (2) (as des9 ignated under paragraph (2) of this subsection) the 

10 following: 

11 ‘‘(3) Any person (including an organization, agency, 

12 or other entity) who—

13 ‘‘(A) uses a social security account number that 

14 such person knows or should know has been as15 signed by the Commissioner of Social Security (in an 

16 exercise of authority under section 205(c)(2) to es17 tablish and maintain records) on the basis of false 

18 information furnished to the Commissioner by any 

19 person; 

20 ‘‘(B) falsely represents a number to be the so21 cial security account number assigned by the Com22 missioner of Social Security to any individual, when 

23 such person knows or should know that such number 

24 is not the social security account number assigned 

25 by the Commissioner to such individual;
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1 ‘‘(C) knowingly alters a social security card 

2 issued by the Commissioner of Social Security, or 

3 possesses such a card with intent to alter it; 

4 ‘‘(D) knowingly buys or sells a card that is, or 

5 purports to be, a card issued by the Commissioner 

6 of Social Security, or possesses such a card with in7 tent to buy or sell it; 

8 ‘‘(E) counterfeits a social security card, or pos9 sesses a counterfeit social security card with intent 

10 to buy or sell it; 

11 ‘‘(F) discloses, uses, compels the disclosure of, 

12 or knowingly sells or purchases the social security 

13 account number of any person in violation of the 

14 laws of the United States; 

15 ‘‘(G) with intent to deceive the Commissioner of 

16 Social Security as to such person’s true identity (or 

17 the true identity of any other person), furnishes or 

18 causes to be furnished false information to the Com19 missioner with respect to any information required 

20 by the Commissioner in connection with the estab21 lishment and maintenance of the records provided 

22 for in section 205(c)(2); 

23 ‘‘(H) offers, for a fee, to acquire for any indi24 vidual, or to assist in acquiring for any individual, 

25 an additional social security account number or a 
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1 number which purports to be a social security ac2 count number; 

3 ‘‘(I) being an officer or employee of any execu4 tive, legislative, or judicial agency or instrumentality 

5 of the Federal Government or of a State or political 

6 subdivision thereof (or a person acting as an agent 

7 of such an agency or instrumentality) (or an officer 

8 or employee thereof or a person acting as an agent 

9 thereof), in possession of any individual’s social se10 curity account number, willfully acts or fails to act 

11 so as to cause a violation of clause (vi)(II), (x), (xi), 

12 (xii), or (xiv) of section 205(c)(2)(C); 

13 ‘‘(J) being a trustee appointed in a case under 

14 title 11, United States Code (or an officer or em15 ployee thereof or a person acting as an agent there16 of), willfully acts or fails to act so as to cause a vio17 lation of clause (x), (xi), or (xiii) of section 

18 205(c)(2)(C); or 

19 ‘‘(K) violates section 1028A of title 18, United 

20 States Code (relating to prohibition of the sale, pur21 chase, or display of the social security account num22 ber in the private sector);

23 shall be subject to, in addition to any other penalties that 

24 may be prescribed by law, a civil money penalty of not 

25 more than $5,000 for each violation. Such person shall 
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1 also be subject to an assessment, in lieu of damages sus2 tained by the United States resulting from such violation, 

3 of not more than twice the amount of any benefits or pay4 ments paid as a result of such violation.’’. 

5 (b) EFFECTIVE DATES.—The amendments made by 

6 this section shall apply with respect to violations com7 mitted after the date of the enactment of this Act, except 

8 that subparagraphs (I) and (J) of section 1129(a)(3) of 

9 the Social Security Act (added by subsection (a)) shall 

10 apply with respect to violations occurring on or after the 

11 effective date provided in connection with such violations 

12 of the amendments made under section 2, 3, 4, or 5, as 

13 the case may be. 

14 SEC. 10. AUTHORITY FOR JUDICIAL ORDERS OF RESTITU15 TION. 

16 (a) TITLE 18 AMENDMENT.—Section 1028A of title 

17 18, United States Code, (as added by section 6 of this 

18 Act) is amended by adding at the end the following new 

19 subsection: 

20 ‘‘(g) COURT ORDER FOR RESTITUTION.—

21 ‘‘(1) IN GENERAL.—Any Federal court, when 

22 sentencing a defendant convicted of an offense under 

23 subsection (b), may order, in addition to or in lieu 

24 of any other penalty authorized by law, that the de-
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1 fendant make restitution to the Social Security Ad2 ministration. 

3 ‘‘(2) RELATED PROVISIONS.—Sections 3612, 

4 3663, and 3664 shall apply with respect to the 

5 issuance and enforcement of orders of restitution 

6 under this subsection. In so applying such sections, 

7 the Social Security Administration shall be consid8 ered the victim. 

9 ‘‘(3) STATED REASONS FOR NOT ORDERING

10 RESTITUTION.—If the court does not order restitu11 tion, or orders only partial restitution, under this 

12 subsection, the court shall state on the record the 

13 reasons therefor.’’. 

14 (b) AMENDMENTS TO TITLE VIII OF THE SOCIAL

15 SECURITY ACT.—Section 807(i) of the Social Security Act 

16 (42 U.S.C. 1007(i)) is amended—

17 (1) by striking ‘‘(i) RESTITUTION.—In any case 

18 where’’ and inserting the following: 

19 ‘‘(i) RESTITUTION.—

20 ‘‘(1) IN GENERAL.—In any case where’’; and

21 (2) by adding at the end the following new 

22 paragraph: 

23 ‘‘(2) COURT ORDER FOR RESTITUTION.—

24 ‘‘(A) IN GENERAL.—Any Federal court, 

25 when sentencing a defendant convicted of an of-
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1 fense under subsection (a), may order, in addi2 tion to or in lieu of any other penalty author3 ized by law, that the defendant make restitution 

4 to the Social Security Administration. 

5 ‘‘(B) RELATED PROVISIONS.—Sections 

6 3612, 3663, and 3664 of title 18, United States 

7 Code, shall apply with respect to the issuance 

8 and enforcement of orders of restitution under 

9 this paragraph. In so applying such sections, 

10 the Social Security Administration shall be con11 sidered the victim. 

12 ‘‘(C) STATED REASONS FOR NOT ORDER13 ING RESTITUTION.—If the court does not order 

14 restitution, or orders only partial restitution, 

15 under this paragraph, the court shall state on 

16 the record the reasons therefor.’’. 

17 (c) AMENDMENTS TO TITLE XVI.—Section 1632 of 

18 the Social Security Act (42 U.S.C. 1383a) is amended—

19 (1) by redesignating subsection (b) as sub20 section (c); and 

21 (2) by inserting after subsection (a) the fol22 lowing new subsection: 

23 ‘‘(b)(1) Any Federal court, when sentencing a defend24 ant convicted of an offense under subsection (a), may 

25 order, in addition to or in lieu of any other penalty author-
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1 ized by law, that the defendant make restitution to the 

2 Social Security Administration. 

3 ‘‘(2) Sections 3612, 3663, and 3664 of title 18, 

4 United States Code, shall apply with respect to the 

5 issuance and enforcement of orders of restitution under 

6 this subsection. In so applying such sections, the Social 

7 Security Administration shall be considered the victim. 

8 ‘‘(3) If the court does not order restitution, or orders 

9 only partial restitution, under this subsection, the court 

10 shall state on the record the reasons therefor.’’. 

11 (d) SPECIAL ACCOUNT FOR RECEIPT OF RESTITU12 TION PAYMENTS.—Section 704(b) of such Act (42 U.S.C. 

13 904(b)) is amended by adding at the end the following 

14 new paragraph: 

15 ‘‘(3)(A) Except as provided in subparagraph (B), 

16 amounts received by the Social Security Administration 

17 pursuant to an order of restitution under section 807(i) 

18 or 1632(b) or under section 1028A(g) of title 18, United 

19 States Code, shall be credited to a special fund established 

20 in the Treasury of the United States for amounts so re21 ceived or recovered. The amounts so credited, to the extent 

22 and in the amounts provided in advance in appropriations 

23 Acts, shall be available to defray expenses incurred in car24 rying out titles II, VIII, and XVI. 
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1 ‘‘(B) Subparagraph (A) shall not apply with respect 

2 to amounts received in connection with misuse by a rep3 resentative payee (within the meaning of sections 205(j), 

4 807, and 1631(a)(2)) of funds paid as benefits under title 

5 II, VIII, or XVI. Such amounts received in connection 

6 with misuse of funds paid as benefits under title II shall 

7 be transferred to the Managing Trustee of the Federal 

8 Old-Age and Survivors Insurance Trust Fund or the Fed9 eral Disability Insurance Trust Fund, as determined ap10 propriate by the Commissioner of Social Security, and 

11 such amounts shall be deposited by the Managing Trustee 

12 into such Trust Fund. All other such amounts shall be 

13 deposited by the Commissioner into the general fund of 

14 the Treasury as miscellaneous receipts.’’. 

15 (e) EFFECTIVE DATE.—The amendments made by 

16 subsections (a) and (b) shall apply with respect to viola17 tions occurring on or after the date of the enactment of 

18 this Act. 

19 SEC. 11. RESTRICTION ON USE OF CONSUMER MEDICAL IN20 FORMATION. 

21 (a) MEDICAL INFORMATION MAY NOT BE INCLUDED

22 WITH TRANSACTION AND EXPERIENCE REPORTS OR

23 SHARED WITH AFFILIATES.—Section 603(d)(2)(A) of the 

24 Fair Credit Reporting Act (15 U.S.C. 1681a(d)(2)(A)) is 

25 amended by striking ‘‘communicated among such per-
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1 sons;’’ where such term appears at the end of clause (iii) 

2 and inserting ‘‘communicated among such persons, 

3 ‘‘to the extent such report or communication 

4 does not contain any medical information;’’. 

5 (b) MEDICAL INFORMATION DEFINED.—Section 

6 603(i) of the Fair Credit Reporting Act (15 U.S.C. 

7 1681a(i)) is amended to read as follows: 

8 ‘‘(i) MEDICAL INFORMATION.—The term ‘‘medical 

9 information’’ means—

10 ‘‘(1) information or records obtained, with the 

11 consent of the individual to whom it relates, from li12 censed physicians or medical practitioners, hospitals, 

13 clinics, or other medical or medically related facili14 ties; and 

15 ‘‘(2) any information, list or description based 

16 on, or derived from, information or records from li17 censed physicians or medical practitioners, hospitals, 

18 clinics, or other medical or medically related facili19 ties or transactions involving the services of such 

20 physicians, practitioners or facilities, including—

21 ‘‘(A) any individualized list of a con22 sumer’s transactions involving individually iden23 tifiable medical information or services; 

24 ‘‘(B) any individualized list or description 

25 of a consumer’s characteristics, interests or 
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1 preferences derived from individually identifi2 able medical information, services or trans3 actions; and 

4 ‘‘(C) any aggregate list of consumers con5 taining or derived from individually identifiable 

6 medical information, services or transactions.’’

7 (c) USE OF MEDICAL INFORMATION.—Section 

8 604(g) of the Fair Credit Reporting Act (15 U.S.C. 

9 1681b(g)) is amended to read as follows: 

10 ‘‘(g) MEDICAL INFORMATION.—

11 ‘‘(1) FURNISHING REPORTS CONTAINING MED12 ICAL INFORMATION.—A consumer reporting agency 

13 shall not furnish for employment purposes, or in 

14 connection with a credit or insurance transaction, a 

15 consumer report that contains medical information 

16 about a consumer, unless—

17 ‘‘(A) the information to be furnished is rel18 evant and necessary to process or effect such 

19 employment or transaction requested by the 

20 consumer; and 

21 ‘‘(B) the consumer provides specific writ22 ten consent for the furnishing of the report on 

23 a separate document that describes in clear and 

24 concise language the use for which the informa25 tion will be furnished. 
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1 ‘‘(2) USE OF MEDICAL INFORMATION.—No per2 son may procure or use medical information in con3 nection with any decision to offer, provide, or con4 tinue to provide any financial product or service, 

5 other than insurance.’’.

Æ