I 

108TH CONGRESS 

1ST SESSION H. R. 2971

To amend the Social Security Act to enhance Social Security account number 

privacy protections, to prevent fraudulent misuse of the Social Security 

account number, and to otherwise enhance protection against identity 

theft, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2003

Mr. SHAW (for himself, Mr. MATSUI, Mr. KLECZKA, Mr. BRADY of Texas, Mr. 

BECERRA, Mr. ENGLISH, Mr. FOLEY, Mr. HAYWORTH, Mr. HOUGHTON, 

Mr. JEFFERSON, Mr. SAM JOHNSON of Texas, Mr. LEVIN, Mr. LEWIS

of Kentucky, Mr. LEWIS of Georgia, Mr. NEAL of Massachusetts, Mr. 

RANGEL, Mr. SANDLIN, Mrs. JONES of Ohio, Ms. BALDWIN, Mr. BEREUTER, Mrs. CAPPS, Mr. COSTELLO, Mr. DUNCAN, Mr. FILNER, Mr. 

FROST, Ms. HART, Mr. HINCHEY, Mr. REYNOLDS, Ms. ROS-LEHTINEN, 

Mr. SAXTON, and Mr. WOLF) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the 

Committees on Financial Services and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To amend the Social Security Act to enhance Social Security 

account number privacy protections, to prevent fraudulent misuse of the Social Security account number, and 

to otherwise enhance protection against identity theft, 

and for other purposes.

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 AND TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Social Security Number Privacy and Identity Theft Pre4 vention Act of 2003’’. 

5 (b) TABLE OF CONTENTS.—The table of contents is 

6 as follows:

Sec. 1. Short title and table of contents. 

TITLE I—PROVISIONS RELATING TO THE SOCIAL SECURITY 

ACCOUNT NUMBER IN THE PUBLIC AND PRIVATE SECTORS 

Sec. 101. Restrictions on the sale or display to the general public of social security account numbers by governmental agencies. 

Sec. 102. Regulatory authority of the Attorney General of the United States. 

Sec. 103. Prohibition of display of social security account numbers on checks 

issued for payment by governmental agencies. 

Sec. 104. Prohibition of the display of social security account numbers on driver’s licenses or motor vehicle registrations. 

Sec. 105. Prohibition of the display of personal identification numbers on employee identification cards or tags. 

Sec. 106. Prohibition of inmate access to social security account numbers. 

Sec. 107. Prohibition of the sale, purchase, or display to the general public of 

the social security account number in the private sector. 

Sec. 108. Confidential treatment of credit header information. 

Sec. 109. Refusal to do business without receipt of social security account number considered unfair or deceptive act or practice. 

TITLE II—MEASURES TO ENSURE THE INTEGRITY OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS AND REPLACEMENT SOCIAL SECURITY CARDS 

Sec. 201. Independent verification of birth records provided in support of applications for social security account numbers and replacement 

social security cards. 

Sec. 202. Enumeration at birth. 

Sec. 203. Study relating to use of photographic identification in connection with 

applications for benefits, social security account numbers, and 

social security cards. 

Sec. 204. Restrictions on issuance of multiple replacement social security cards. 

Sec. 205. Study relating to modification of the social security account numbering system to show work authorization status. 

TITLE III—ENFORCEMENT 

Sec. 301. New criminal penalties for misuse of social security account numbers. 

Sec. 302. Extension of civil monetary penalty authority. 

Sec. 303. Criminal penalties for employees of the Social Security Administration who knowingly and fraudulently issue social security cards 

or social security account numbers. 
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Sec. 304. Enhanced penalties in cases of terrorism, drug trafficking, crimes of 

violence, or prior offenses.

1 TITLE I—PROVISIONS RELATING 

2 TO THE SOCIAL SECURITY AC3 COUNT NUMBER IN THE PUB4 LIC AND PRIVATE SECTORS 

5 SEC. 101. RESTRICTIONS ON THE SALE OR DISPLAY TO THE 

6 GENERAL PUBLIC OF SOCIAL SECURITY AC7 COUNT NUMBERS BY GOVERNMENTAL AGEN8 CIES. 

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

10 Security Act (42 U.S.C. 405(c)(2)(C)) is amended by add11 ing at the end the following new clause: 

12 ‘‘(x)(I) An executive, legislative, or judicial agency or 

13 instrumentality of the Federal Government or of a State 

14 or a political subdivision thereof or trustee appointed in 

15 a case under title 11, United States Code (or person act16 ing as an agent of such an agency or instrumentality or 

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

18 account number may not sell or display to the general pub19 lic such number. Notwithstanding the preceding sentence, 

20 such number may be sold or displayed to the general pub21 lic in accordance with the exceptions specified in sub22 clauses (II), (III), (IV), (V), and (VI) (and for no other 

23 purpose). 
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1 ‘‘(II) Notwithstanding subclause (I), a social security 

2 account number may be sold by an agency, instrumen3 tality, trustee, or agent referred to in subclause (I) to the 

4 extent that such sale is specifically authorized by this Act. 

5 ‘‘(III) Notwithstanding subclause (I), a social secu6 rity account number may be sold or displayed to the gen7 eral public by an agency, instrumentality, trustee, or agent 

8 referred to in subclause (I) to the extent that is necessary 

9 or appropriate for law enforcement or national security 

10 purposes, as determined under regulations which shall be 

11 issued by the Attorney General of the United States under 

12 subparagraph (I). 

13 ‘‘(IV) Notwithstanding subclause (I), a social security 

14 account number may be sold by a State department of 

15 motor vehicles as authorized under subsection (b) of sec16 tion 2721 of title 18, United States Code, if such number 

17 is to be used pursuant to such sale solely for purposes 

18 permitted under paragraph (1), (6), or (9) of such sub19 section. 

20 ‘‘(V) Notwithstanding subclause (I), a social security 

21 account number may be sold or otherwise made available 

22 by an agency, instrumentality, trustee, or agent referred 

23 to in subclause (I) to a consumer reporting agency, as de24 fined in section 603(f) of the Fair Credit Reporting Act
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1 (15 U.S.C. 1618a(f)), exclusively for use in accordance 

2 with such Act. 

3 ‘‘(VI) Notwithstanding subclause (I), a social security 

4 account number may be sold or displayed to the general 

5 public by an agency, instrumentality, trustee, or agent re6 ferred to in subclause (I) under such other circumstances 

7 as the Attorney General of the United States may deter8 mine appropriate in regulations issued under subpara9 graph (I). 

10 ‘‘(VII) This clause does not apply with respect to a 

11 social security account number of a deceased individual. 

12 ‘‘(VIII) For purposes of this clause, the term ‘sell’ 

13 means, in connection with a social security account num14 ber, to accept an item of material value in exchange for 

15 such number. 

16 ‘‘(IX) For purposes of this clause, the term ‘display 

17 to the general public’ shall have the meaning provided 

18 such term in section 208A(a)(3). 

19 ‘‘(X) For purposes of this clause, the term ‘social se20 curity account number’ includes any derivative of such 

21 number.’’.

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

23 this section shall take effect 1 year after the date of the 

24 issuance by the Attorney General of the United States of 

25 final regulations under section 205(c)(2)(I) of the Social 
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1 Security Act (added by section 102). Such amendment 

2 shall apply in the case of displays to the general public, 

3 as defined in section 208A(a)(3) of such Act (added by 

4 section 107), to such displays originally occurring after 

5 such 1-year period. 

6 SEC. 102. REGULATORY AUTHORITY OF THE ATTORNEY 

7 GENERAL OF THE UNITED STATES. 

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

9 Security Act (42 U.S.C. 405(c)(2)) is amended by adding 

10 at the end the following new subparagraph: 

11 ‘‘(I)(i) Regulations issued by the Attorney General of 

12 the United States pursuant to subclauses (III) and (VI) 

13 of subparagraph (C)(x) and paragraphs (1), (2), and (7) 

14 of section 208A(c) shall be issued in accordance with sec15 tion 553 of title 5, United States Code. In issuing such 

16 regulations, the Attorney General shall consult with the 

17 Commissioner of Social Security, the Secretary of Home18 land Security, the Federal Trade Commission, State attor19 neys general, and such other governmental agencies and 

20 instrumentalities as the Attorney General of the United 

21 States considers appropriate. 

22 ‘‘(ii) In issuing the regulations described in clause (i) 

23 pursuant to the provisions of subparagraph (C)(x)(III) or 

24 paragraph (1) or (2) of section 208A(c) (relating to law 

25 enforcement and national security), the Attorney General 
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1 may authorize the sale, purchase, or display to the general 

2 public of social security account numbers only if the Attor3 ney General determines that—

4 ‘‘(I) such sale, purchase, or display would serve 

5 a compelling public interest that cannot reasonably 

6 be served through alternative measures, and 

7 ‘‘(II) such sale, purchase, or display will not 

8 pose an undue risk of bodily, emotional, or financial 

9 harm to an individual (taking into account any re10 strictions and conditions that the Attorney General 

11 imposes on the sale, purchase, or disclosure). 

12 ‘‘(iii) If the Attorney General authorizes the sale, 

13 purchase, or display to the general public of social security 

14 account numbers, in regulations issued pursuant to sub15 paragraph (C)(x)(VI) or section 208A(c)(7) (relating to 

16 matters other than law enforcement or national security), 

17 the Attorney General shall impose restrictions and condi18 tions on the sale, purchase, or display to the general public 

19 to the extent necessary—

20 ‘‘(I) to provide reasonable assurances that so21 cial security account numbers will not be used to 

22 commit or facilitate fraud, deception, or crime, and 

23 ‘‘(II) to prevent an undue risk of bodily, emo24 tional, or financial harm to an individual. 
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1 ‘‘(iv) For purposes of clause (iii), the Attorney Gen2 eral shall consider, among other relevant factors—

3 ‘‘(I) the cost or burden to the general public, 

4 businesses, commercial enterprises, non-profit orga5 nizations, and to Federal, State, and local govern6 ments of complying with the restrictions and condi7 tions imposed by the Attorney General; 

8 ‘‘(II) the benefit to the general public, busi9 nesses, commercial enterprises, non-profit associa10 tions, and to Federal, State, and local governments 

11 derived from the imposition of such restrictions and 

12 conditions; and 

13 ‘‘(III) in connection with subclause (II) of 

14 clause (iii), the nature, likelihood, and severity of the 

15 anticipated harm described in such subclause that 

16 could result from the sale, purchase, or display to 

17 the general public of social security account num18 bers, together with the nature, likelihood, and extent 

19 of any benefits that could be realized therefrom. 

20 ‘‘(v) For purposes of this subparagraph, the terms 

21 ‘sell’, ‘purchase’, and ‘display to the general public’ shall 

22 have the meanings provided such terms under section 

23 208A(a).
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1 ‘‘(vi) For purposes of this subparagraph, the term 

2 ‘social security account number’ includes any derivative of 

3 such number.’’. 

4 (b) REGULATIONS.—The Attorney General of the 

5 United States shall promulgate regulations required under 

6 this section not later than 1 year after the date of the 

7 enactment of this Act. 

8 SEC. 103. PROHIBITION OF DISPLAY OF SOCIAL SECURITY 

9 ACCOUNT NUMBERS ON CHECKS ISSUED FOR 

10 PAYMENT BY GOVERNMENTAL AGENCIES. 

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

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

13 section 101) is amended further by adding at the end the 

14 following new clause: 

15 ‘‘(xi) No executive, legislative, or judicial agency or 

16 instrumentality of the Federal Government or of a State 

17 or a political subdivision thereof or trustee appointed in 

18 a case under title 11, United States Code (or person act19 ing as an agent of such an agency or instrumentality or 

20 trustee) may include the social security account number 

21 of any individual on any check issued for any payment 

22 by the Federal Government, any State or political subdivi23 sion thereof, or any agency or instrumentality thereof, or 

24 such trustee or on any document attached to or accom25 panying such a check.’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply with respect to checks (and docu3 ments attached to or accompanying such checks) issued 

4 after 1 year after the date of the enactment of this Act.

5 SEC. 104. PROHIBITION OF THE DISPLAY OF SOCIAL SECU6 RITY ACCOUNT NUMBERS ON DRIVER’S LI7 CENSES OR MOTOR VEHICLE REGISTRA8 TIONS. 

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

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

11 amended—

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

13 (2) by adding at the end the following new sub14 clause: 

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

16 person acting as an agent of such an agency or instrumen17 tality), in the administration of any driver’s license or 

18 motor vehicle registration law within its jurisdiction, may 

19 not display the social security account numbers issued by 

20 the Commissioner of Social Security, or any derivative of 

21 such numbers, on any driver’s license or motor vehicle reg22 istration or any other document issued by such State or 

23 political subdivision to an individual for purposes of identi24 fication of such individual.’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to licenses, registra3 tions, and other documents issued or reissued after 1 year 

4 after the date of the enactment of this Act. 

5 SEC. 105. PROHIBITION OF THE DISPLAY OF PERSONAL 

6 IDENTIFICATION NUMBERS ON EMPLOYEE 

7 IDENTIFICATION CARDS OR TAGS. 

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

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

10 preceding provisions of this title) is amended further by 

11 adding at the end the following new clause: 

12 ‘‘(xii) No employer (including any executive, legisla13 tive, or judicial agency or instrumentality of the Federal 

14 Government or of a State or political subdivision thereof), 

15 and no person offering benefits in connection with an em16 ployee benefit plan maintained by such employer or acting 

17 as an agent of such employer, may display the social secu18 rity account number (or any derivative of such number) 

19 on any card or tag that is commonly provided to employees 

20 of such employer (or to their family members) for pur21 poses of identification.’’. 

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

23 this section shall apply with respect to cards or tags issued 

24 after 1 year after the date of the enactment of this Act. 
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1 SEC. 106. PROHIBITION OF INMATE ACCESS TO SOCIAL SE2 CURITY ACCOUNT NUMBERS. 

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

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

5 preceding provisions of this title) is amended further by 

6 adding at the end the following new clause: 

7 ‘‘(xiv) No executive, legislative, or judicial agency or 

8 instrumentality of the Federal Government or of a State 

9 or political subdivision thereof (or person acting as an 

10 agent of such an agency or instrumentality) may employ, 

11 or enter into a contract for the use or employment of, pris12 oners in any capacity that would allow such prisoners ac13 cess to the social security account numbers of other indi14 viduals. For purposes of this clause, the term ‘prisoner’ 

15 means an individual confined in a jail, prison, or other 

16 penal institution or correctional facility.’’. 

17 (b) EFFECTIVE DATE.—

18 (1) IN GENERAL.—Except as provided in para19 graph (2), the amendment made by this section shall 

20 apply with respect to employment of prisoners, or 

21 entry into contract for the use or employment of 

22 prisoners, on or after the date of the enactment of 

23 this Act. 

24 (2) TREATMENT OF CURRENT ARRANGE25 MENTS.—In the case of—
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1 (A) prisoners employed as described in 

2 clause (xiv) of section 205(c)(2)(C) of the So3 cial Security Act (as added by this section) on 

4 the date of the enactment of this Act, and 

5 (B) contracts described in such clause in 

6 effect on such date, 

7 the amendment made by this section shall take ef8 fect 90 days after the date of the enactment of this 

9 Act. 

10 SEC. 107. PROHIBITION OF THE SALE, PURCHASE, OR DIS11 PLAY TO THE GENERAL PUBLIC OF THE SO12 CIAL SECURITY ACCOUNT NUMBER IN THE 

13 PRIVATE SECTOR. 

14 (a) IN GENERAL.—Title II of the Social Security Act 

15 is amended by inserting after section 208 (42 U.S.C. 408) 

16 the following new section: 

17 ‘‘PROHIBITION OF THE SALE, PURCHASE, OR DISPLAY TO

18 THE GENERAL PUBLIC OF THE SOCIAL SECURITY

19 ACCOUNT NUMBER IN THE PRIVATE SECTOR

20 ‘‘SEC. 208A. (a) DEFINITIONS.—In this section: 

21 ‘‘(1) PERSON.—

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graph (B), the term ‘person’ means any indi24 vidual, partnership, corporation, trust, estate, 

25 cooperative, association, or any other entity. 
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1 ‘‘(B) GOVERNMENTAL ENTITIES.—Such 

2 term does not include a governmental entity. 

3 Nothing in this subparagraph shall be con4 strued to authorize, in connection with a gov5 ernmental entity, an act or practice otherwise 

6 prohibited under this section or section 

7 205(c)(2)(C). 

8 ‘‘(2) SELLING AND PURCHASING.—

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B)—

11 ‘‘(i) SELL.—The term ‘sell’ in connec12 tion with a social security account number 

13 means to obtain, directly or indirectly, any14 thing of value in exchange for such num15 ber. 

16 ‘‘(ii) PURCHASE.—The term ‘pur17 chase’ in connection with a social security 

18 account number means to provide, directly 

19 or indirectly, anything of value in exchange 

20 for such number. 

21 ‘‘(B) EXCEPTIONS.—The terms ‘sell’ and 

22 ‘purchase’ in connection with a social security 

23 account number do not include the submission 

24 of such number as part of—
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1 ‘‘(i) the process for applying for any 

2 type of Government benefits or programs 

3 (such as grants or loans or welfare or 

4 other public assistance programs), or 

5 ‘‘(ii) the administration of, or provi6 sion of benefits under, an employee benefit 

7 plan. 

8 ‘‘(3) DISPLAY TO THE GENERAL PUBLIC.—The 

9 term ‘display to the general public’ means, in con10 nection with a social security account number, to in11 tentionally place such number in a viewable manner 

12 on an Internet site that is available to the general 

13 public or to make such number available in any 

14 other manner intended to provide access to such 

15 number by the general public. 

16 ‘‘(4) SOCIAL SECURITY ACCOUNT NUMBER.—

17 The term ‘social security account number’ has the 

18 meaning given such term in section 208(c). 

19 ‘‘(b) PROHIBITION.—Except as provided in sub20 section (c), it shall be unlawful for any person to—

21 ‘‘(1) sell or purchase a social security account 

22 number or display to the general public a social se23 curity account number or any derivative thereof, or 

24 ‘‘(2) obtain or use any individual’s social secu25 rity account number for the purpose of locating or 
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1 identifying such individual with the intent to phys2 ically injure or harm such individual or using the 

3 identity of such individual for any illegal purpose. 

4 ‘‘(c) EXCEPTIONS.—

5 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

6 (b), a social security account number may be sold, 

7 purchased, or displayed to the general public by any 

8 person to the extent provided in this subsection (and 

9 for no other purpose) as follows: 

10 ‘‘(A) to the extent necessary for law en11 forcement, including (but not limited to) the en12 forcement of a child support obligation, as de13 termined under regulations of the Attorney 

14 General of the United States issued under sec15 tion 205(c)(2)(I); 

16 ‘‘(B) to the extent necessary for national 

17 security purposes, as determined under regula18 tions of the Attorney General of the United 

19 States issued under section 205(c)(2)(I); 

20 ‘‘(C) to the extent necessary for public 

21 health purposes; 

22 ‘‘(D) to the extent necessary in emergency 

23 situations to protect the health or safety of 1 

24 or more individuals;
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1 ‘‘(E) to the extent necessary for research 

2 conducted for the purpose of advancing public 

3 knowledge, on the condition that the researcher 

4 provides adequate assurances that—

5 ‘‘(i) the social security account num6 bers will not be used to harass, target, or 

7 publicly reveal information concerning any 

8 identifiable individuals; 

9 ‘‘(ii) information about identifiable in10 dividuals obtained from the research will 

11 not be used to make decisions that directly 

12 affect the rights, benefits, or privileges of 

13 specific individuals; and 

14 ‘‘(iii) the researcher has in place ap15 propriate safeguards to protect the privacy 

16 and confidentiality of any information 

17 about identifiable individuals; 

18 ‘‘(F) to the extent consistent with an indi19 vidual’s voluntary and affirmative written con20 sent to the sale, purchase, or display to the gen21 eral public of a social security account number 

22 that has been assigned to that individual; and 

23 ‘‘(G) under such other circumstances as 

24 the Attorney General of the United States may 
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1 determine appropriate in regulations issued 

2 under section 205(c)(2)(I). 

3 ‘‘(2) DECEASED INDIVIDUALS.—This section 

4 does not apply with respect to the social security ac5 count number of a deceased individual. 

6 ‘‘(d) CRIMINAL PENALTY.—Any person who violates 

7 this section shall be guilty of a felony and upon conviction 

8 thereof shall be fined under title 18, United States Code, 

9 or imprisoned for not more than 5 years, or both.’’. 

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

11 this section shall apply with respect to violations occurring 

12 after 1 year after the date of the issuance by the Attorney 

13 General of the United States of final regulations under 

14 section 205(c)(2)(I) of the Social Security Act (added by 

15 section 102). 

16 SEC. 108. CONFIDENTIAL TREATMENT OF CREDIT HEADER 

17 INFORMATION. 

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

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

20 at the end the following new subsection: 

21 ‘‘(q) CONFIDENTIAL TREATMENT OF CREDIT HEAD22 ER INFORMATION.—Information regarding the social se23 curity account number of the consumer, or any derivative 

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

25 reporting agency other than in a full consumer report fur-
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1 nished in accordance with section 604 and other require2 ments of this title.’’. 

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

4 this section shall take effect 90 days after the date of the 

5 enactment of this Act. 

6 SEC. 109. REFUSAL TO DO BUSINESS WITHOUT RECEIPT OF 

7 SOCIAL SECURITY ACCOUNT NUMBER CON8 SIDERED UNFAIR OR DECEPTIVE ACT OR 

9 PRACTICE. 

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

11 business with an individual because the individual will not 

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

13 account number of such individual shall be considered to 

14 have committed an unfair or deceptive act or practice in 

15 violation of section 5 of the Federal Trade Commission 

16 Act (15 U.S.C. 45). Action may be taken under such sec17 tion 5 against such a person. 

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

19 any person in any case in which such person is expressly 

20 required under Federal law, in connection with doing busi21 ness with an individual, to submit to the Federal Govern22 ment such individual’s social security account number. 

23 (c) EFFECTIVE DATE.—The preceding provisions of 

24 this section shall apply with respect to acts or practices 
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1 committed after 180 days after the date of the enactment 

2 of this Act. 

3 TITLE II—MEASURES TO EN4 SURE THE INTEGRITY OF AP5 PLICATIONS FOR SOCIAL SE6 CURITY ACCOUNT NUMBERS 

7 AND REPLACEMENT SOCIAL 

8 SECURITY CARDS 

9 SEC. 201. INDEPENDENT VERIFICATION OF BIRTH 

10 RECORDS PROVIDED IN SUPPORT OF APPLI11 CATIONS FOR SOCIAL SECURITY ACCOUNT 

12 NUMBERS. 

13 (a) APPLICATIONS FOR SOCIAL SECURITY ACCOUNT

14 NUMBERS.—Section 205(c)(2)(B)(ii) of the Social Secu15 rity Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended—

16 (1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; and 

17 (2) by adding at the end the following new sub18 clause: 

19 ‘‘(II) With respect to an application for a social secu20 rity account number for an individual, other than for pur21 poses of enumeration at birth, the Commissioner shall re22 quire independent verification of any birth record provided 

23 by the applicant in support of the application. The Com24 missioner may provide by regulation for reasonable excep25 tions from the requirement for independent verification
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1 under this subclause in any case in which the Commis2 sioner determines there is minimal opportunity for 

3 fraud.’’. 

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

5 subsection (a) shall apply with respect to applications filed 

6 after 180 days after the date of the enactment of this Act. 

7 (c) STUDY REGARDING APPLICATIONS FOR RE8 PLACEMENT SOCIAL SECURITY CARDS.—

9 (1) IN GENERAL.—As soon as practicable after 

10 the date of the enactment of this Act, the Commis11 sioner of Social Security shall undertake a study to 

12 test the feasibility and cost effectiveness of verifying 

13 all identification documents submitted by an appli14 cant for a replacement social security card. As part 

15 of such study, the Commissioner shall determine the 

16 feasibility of, and the costs associated with, the de17 velopment of appropriate electronic processes for 

18 third party verification of any such identification 

19 documents which are issued by agencies and instru20 mentalities of the Federal Government and of the 

21 States (and political subdivisions thereof). 

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

23 date of the enactment of this Act, the Commissioner 

24 shall report to the Committee on Ways and Means 

25 of the House of Representatives and the Committee 
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1 on Finance of the Senate regarding the results of 

2 the study undertaken under paragraph (1). Such re3 port shall contain such recommendations for legisla4 tive changes as the Commissioner considers nec5 essary to implement needed improvements in the 

6 process for verifying identification documents sub7 mitted by applicants for replacement social security 

8 cards. 

9 SEC. 202. ENUMERATION AT BIRTH. 

10 (a) IMPROVEMENT OF APPLICATION PROCESS.—

11 (1) IN GENERAL.—As soon as practicable after 

12 the date of the enactment of this Act, the Commis13 sioner of Social Security shall undertake to make 

14 improvements to the enumeration at birth program 

15 for the issuance of social security account numbers 

16 to newborns. Such improvements shall be designed 

17 to prevent—

18 (A) the assignment of social security ac19 count numbers to unnamed children; 

20 (B) the issuance of more than 1 social se21 curity account number to the same child; and 

22 (C) other opportunities for fraudulently ob23 taining a social security account number. 

24 (2) REPORT TO THE CONGRESS.—Not later 

25 than 180 days after the date of the enactment of 
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1 this Act, the Commissioner shall transmit to each 

2 House of the Congress a report specifying in detail 

3 the extent to which the improvements required 

4 under paragraph (1) have been made. 

5 (b) STUDY REGARDING PROCESS FOR ENUMERATION

6 AT BIRTH.—

7 (1) IN GENERAL.—As soon as practicable after 

8 the date of the enactment of this Act, the Commis9 sioner of Social Security shall undertake a study to 

10 determine the most efficient options for ensuring the 

11 integrity of the process for enumeration at birth. 

12 Such study shall include an examination of available 

13 methods for reconciling hospital birth records with 

14 birth registrations submitted to agencies of States 

15 and political subdivisions thereof and with informa16 tion provided to the Commissioner as part of the 

17 process for enumeration at birth. 

18 (2) REPORT.—Not later than 18 months after 

19 the date of the enactment of this Act, the Commis20 sioner shall report to the Committee on Ways and 

21 Means of the House of Representatives and the 

22 Committee on Finance of the Senate regarding the 

23 results of the study undertaken under paragraph 

24 (1). Such report shall contain such recommendations 

25 for legislative changes as the Commissioner con-
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1 siders necessary to implement needed improvements 

2 in the process for enumeration at birth. 

3 SEC. 203. STUDY RELATING TO USE OF PHOTOGRAPHIC 

4 IDENTIFICATION IN CONNECTION WITH AP5 PLICATIONS FOR BENEFITS, SOCIAL SECU6 RITY ACCOUNT NUMBERS, AND SOCIAL SECU7 RITY CARDS. 

8 (a) IN GENERAL.—As soon as practicable after the 

9 date of the enactment of this Act, the Commissioner of 

10 Social Security shall undertake a study to—

11 (1) determine the best method of requiring and 

12 obtaining photographic identification of applicants 

13 for old-age, survivors, and disability insurance bene14 fits under title II of the Social Security Act, for a 

15 social security account number, or for a replacement 

16 social security card, and of providing for reasonable 

17 exceptions to any requirement for photographic iden18 tification of such applicants that may be necessary 

19 to promote efficient and effective administration of 

20 this title, and 

21 (2) evaluate the benefits and costs of instituting 

22 such a requirement for photographic identification, 

23 including the degree to which the security and integ24 rity of the old-age, survivors, and disability insur25 ance program would be enhanced.
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1 (b) REPORT.—Not later than 270 days after the date 

2 of the enactment of this Act, the Commissioner shall re3 port to the Committee on Ways and Means of the House 

4 of Representatives and the Committee on Finance of the 

5 Senate regarding the results of the study undertaken 

6 under paragraph (1). Such report shall contain such rec7 ommendations for legislative changes as the Commissioner 

8 considers necessary relating to requirements for photo9 graphic identification of applicants described in subsection 

10 (a). 

11 SEC. 204. RESTRICTIONS ON ISSUANCE OF MULTIPLE RE12 PLACEMENT SOCIAL SECURITY CARDS. 

13 (a) IN GENERAL.—Section 205(c)(2)(G) of the Social 

14 Security Act (42 U.S.C. 405(c)(2)(G)) is amended by add15 ing at the end the following new sentence: ‘‘The Commis16 sioner shall by regulation restrict the issuance of multiple 

17 replacement social security cards to any individual to mini18 mize fraud.’’. 

19 (b) REGULATIONS AND EFFECTIVE DATE.—The 

20 Commissioner of Social Security shall issue regulations re21 quired under the amendment made by subsection (a) not 

22 later than 180 days after the date of the enactment of 

23 this Act. Systems controls developed by the Commissioner 

24 pursuant to such amendment shall take effect upon the 

25 issuance of such regulations. 
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1 SEC. 205. STUDY RELATING TO MODIFICATION OF THE SO2 CIAL SECURITY ACCOUNT NUMBERING SYS3 TEM TO SHOW WORK AUTHORIZATION STA4 TUS. 

5 (a) IN GENERAL.—As soon as practicable after the 

6 date of the enactment of this Act, the Commissioner of 

7 Social Security, in consultation with the Secretary of 

8 Homeland Security, shall undertake a study to examine 

9 the best method of modifying the social security account 

10 number assigned to individuals who—

11 (1) are not citizens of the United States, 

12 (2) have not been admitted for permanent resi13 dence, and 

14 (3) are not authorized by the Secretary of 

15 Homeland Security to work in the United States, or 

16 are so authorized subject to one or more restrictions, 

17 so as to include an indication of such lack of authorization 

18 to work or such restrictions on such an authorization. 

19 (b) REPORT.—Not later than 270 days after the date 

20 of the enactment of this Act, the Commissioner shall re21 port to the Committee on Ways and Means of the House 

22 of Representatives and the Committee on Finance of the 

23 Senate regarding the results of the study undertaken 

24 under this section. Such report shall include the Commis25 sioner’s recommendations of feasible options for modifying 
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1 the social security account number in the manner de2 scribed in subsection (a). 

3 TITLE III—ENFORCEMENT 

4 SEC. 301. NEW CRIMINAL PENALTIES FOR MISUSE OF SO5 CIAL SECURITY ACCOUNT NUMBERS. 

6 (a) IN GENERAL.—Section 208(a) of the Social Secu7 rity Act (42 U.S.C. 408(a)) is amended—

8 (1) in paragraph (7), by adding after subpara9 graph (C) the following new subparagraph: 

10 ‘‘(D) with intent to deceive, discloses, sells, 

11 or transfers his own social security account 

12 number, assigned to him by the Commissioner 

13 of Social Security (in the exercise of the Com14 missioner’s authority under section 205(c)(2) to 

15 establish and maintain records), to any person; 

16 or’’; 

17 (2) in paragraph (8), by adding ‘‘or’’ at the 

18 end; and 

19 (3) by inserting after paragraph (8) the fol20 lowing new paragraphs: 

21 ‘‘(9) without lawful authority, offers, for a fee, 

22 to acquire for any individual, or to assist in acquir23 ing for any individual, an additional social security 

24 account number or a number that purports to be a 

25 social security account number; or 
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1 ‘‘(10) willfully acts or fails to act so as to cause 

2 a violation of section 205(c)(2)(C)(xii); or 

3 ‘‘(11) being an officer or employee of any exec4 utive, legislative, or judicial agency or instrumen5 tality of the Federal Government or of a State or 

6 political subdivision thereof (or a person acting as 

7 an agent of such an agency or instrumentality) in 

8 possession of any individual’s social security account 

9 number (or an officer or employee thereof or a per10 son acting as an agent thereof), willfully acts or fails 

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

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

13 or 

14 ‘‘(12) being a trustee appointed in a case under 

15 title 11, United States Code (or an officer or em16 ployee thereof or a person acting as an agent there17 of), willfully acts or fails to act so as to cause a vio18 lation of clause (x) or (xi) of section 205(c)(2)(C);’’. 

19 (b) EFFECTIVE DATES.—Paragraphs (7)(D) and (9) 

20 of section 208(a) of the Social Security Act (added by sub21 section (a)(2)) shall apply with respect to each violation 

22 occurring after the date of the enactment of this Act. 

23 Paragraphs (10), (11), and (12) of section 208(a) of such 

24 Act (added by subsection (a)(2)) shall apply with respect
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1 to each violation occurring on or after the effective date 

2 applicable with respect to such violation under title I. 

3 SEC. 302. EXTENSION OF CIVIL MONETARY PENALTY AU4 THORITY. 

5 (a) APPLICATION OF CIVIL MONEY PENALTIES TO

6 ELEMENTS OF CRIMINAL VIOLATIONS.—Section 1129(a) 

7 of the Social Security Act (42 U.S.C. 1320a–8(a)) is 

8 amended—

9 (1) by redesignating paragraph (2) as para10 graph (4); 

11 (2) by designating the last sentence of para12 graph (1) as a new paragraph (2), appearing after 

13 and below paragraph (1); and 

14 (3) by inserting after paragraph (2) (as des15 ignated under paragraph (2) of this subsection) the 

16 following: 

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

18 or other entity) who—

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

20 such person knows or should know has been as21 signed by the Commissioner of Social Security (in an 

22 exercise of authority under section 205(c)(2) to es23 tablish and maintain records) on the basis of false 

24 information furnished to the Commissioner by any 

25 person; 
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1 ‘‘(B) falsely represents a number to be the so2 cial security account number assigned by the Com3 missioner of Social Security to any individual, when 

4 such person knows or should know that such number 

5 is not the social security account number assigned 

6 by the Commissioner to such individual; 

7 ‘‘(C) knowingly alters a social security card 

8 issued by the Commissioner of Social Security, or 

9 possesses such a card with intent to alter it; 

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

11 purports to be, a card issued by the Commissioner 

12 of Social Security, or possesses such a card with in13 tent to buy or sell it; 

14 ‘‘(E) counterfeits a social security card, or pos15 sesses a counterfeit social security card with intent 

16 to buy or sell it; 

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

18 or knowingly sells or purchases the social security 

19 account number of any person in violation of the 

20 laws of the United States; 

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

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

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

24 causes to be furnished false information to the Com25 missioner with respect to any information required 
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1 by the Commissioner in connection with the estab2 lishment and maintenance of the records provided 

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

4 ‘‘(H) without lawful authority, offers, for a fee, 

5 to acquire for any individual, or to assist in acquir6 ing for any individual, an additional social security 

7 account number or a number which purports to be 

8 a social security account number; 

9 ‘‘(I) with intent to deceive, discloses, sells, or 

10 transfers his own social security account number, as11 signed to him by the Commissioner of Social Secu12 rity under section 205(c)(2)(B), to any person; 

13 ‘‘(J) willfully acts or fails to act so as to cause 

14 a violation of section 205(c)(2)(C)(xii); 

15 ‘‘(K) being an officer or employee of any execu16 tive, legislative, or judicial agency or instrumentality 

17 of the Federal Government or of a State or political 

18 subdivision thereof (or a person acting as an agent 

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

20 or employee thereof or a person acting as an agent 

21 thereof), in possession of any individual’s social se22 curity account number, willfully acts or fails to act 

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

24 (xii), (xiii), or (xiv) of section 205(c)(2)(C); 
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1 ‘‘(L) being a trustee appointed in a case under 

2 title 11, United States Code (or an officer or em3 ployee thereof or a person acting as an agent there4 of), willfully acts or fails to act so as to cause a vio5 lation of clause (x) or (xi) of section 205(c)(2)(C); 

6 ‘‘(M) violates section 208A (relating to prohibi7 tion of the sale, purchase, or display of the social se8 curity account number in the private sector); or 

9 ‘‘(N) violates section 208B (relating to fraud by 

10 social security administration employees); 

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

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

13 more than $5,000 for each violation. Such person shall 

14 also be subject to an assessment, in lieu of damages sus15 tained by the United States resulting from such violation, 

16 of not more than twice the amount of any benefits or pay17 ments paid as a result of such violation.’’. 

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

19 this section shall apply with respect to violations com20 mitted after the date of the enactment of this Act, except 

21 that subparagraphs (J), (K), and (L) of section 

22 1129(a)(3) of the Social Security Act (added by subsection 

23 (a)) shall apply with respect to violations occurring on or 

24 after the effective date provided in connection with such 

25 violations under title I.
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1 SEC. 303. CRIMINAL PENALTIES FOR EMPLOYEES OF THE 

2 SOCIAL SECURITY ADMINISTRATION WHO 

3 KNOWINGLY AND FRAUDULENTLY ISSUE SO4 CIAL SECURITY CARDS OR SOCIAL SECURITY 

5 ACCOUNT NUMBERS. 

6 (a) IN GENERAL.—Title II of the Social Security Act 

7 (as amended by the preceding provisions of this Act) is 

8 amended further by inserting after section 208A the fol9 lowing new section: 

10 ‘‘FRAUD BY SOCIAL SECURITY ADMINISTRATION

11 EMPLOYEES

12 ‘‘SEC. 208B. (a) Whoever is an employee of the So13 cial Security Administration and knowingly and fraudu14 lently sells or transfers one or more social security account 

15 numbers or social security cards shall be guilty of a felony 

16 and upon conviction thereof shall be fined under title 18, 

17 United States Code, imprisoned as provided in subsection 

18 (b), or both. 

19 ‘‘(b) Imprisonment for a violation described in sub20 section (a) shall be for—

21 ‘‘(1) not less than 1 year and up to 5 years, in 

22 the case of an employee of the Social Security Ad23 ministration who has fraudulently sold or trans24 ferred not more than 50 social security account 

25 numbers or social security cards, 
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1 ‘‘(2) not less than 5 years and up to 10 years, 

2 in the case of an employee of the Social Security Ad3 ministration who has fraudulently sold or trans4 ferred more than 50, but not more than 100, social 

5 security account numbers or social security cards, or 

6 ‘‘(3) not less than 10 years and up to 20 years, 

7 in the case of an employee of the Social Security Ad8 ministration who has fraudulently sold or trans9 ferred more than 100 social security account num10 bers or social security cards. 

11 ‘‘(c) For purposes of this section—

12 ‘‘(1) The term ‘social security employee’ means 

13 any officer, employee, or contractor of the Social Se14 curity Administration, any employee of such a con15 tractor (including any State employee of a disability 

16 determination service), or any volunteer providing 

17 services or assistance in any facility of the Social Se18 curity Administration. 

19 ‘‘(2) The term ‘social security account number’ 

20 means a social security account number assigned by 

21 the Commissioner of Social Security under section 

22 205(c)(2)(B) or another number that has not been 

23 so assigned but is purported to have been so as24 signed. 
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1 ‘‘(3) The term ‘social security card’ means a 

2 card issued by the Commissioner of Social Security 

3 under section 205(c)(2)(G), another card which has 

4 not been so issued but is purported to have been so 

5 issued, and banknote paper of the type described in 

6 section 205(c)(2)(G) prepared for the entry of social 

7 security account numbers, whether fully completed 

8 or not. 

9 ‘‘(c) Any employee of the Social Security Administra10 tion who attempts or conspires to commit any violation 

11 of this section shall be subject to the same penalties as 

12 those prescribed for the violation the commission of which 

13 was the object of the attempt or conspiracy.’’. 

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

15 this section shall apply with respect to violations occurring 

16 on or after the date of the enactment of this Act. 

17 SEC. 304. ENHANCED PENALTIES IN CASES OF TERRORISM, 

18 DRUG TRAFFICKING, CRIMES OF VIOLENCE, 

19 OR PRIOR OFFENSES. 

20 (a) AMENDMENTS TO TITLE II.—Section 208 of the 

21 Social Security Act (42 U.S.C. 408) is amended—

22 (1) in subsection (a), by striking ‘‘shall be 

23 fined’’ and all that follows and inserting the fol24 lowing: ‘‘shall be fined, imprisoned, or both, as pro25 vided in subsection (b).’’; 
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1 (2) by redesignating subsections (b), (c), and 

2 (d) as subsections (c), (d), and (e), respectively; 

3 (3) by inserting after subsection (a) the fol4 lowing new subsection: 

5 ‘‘(b) A person convicted of a violation described in 

6 subsection (a) shall be—

7 ‘‘(1) fined under title 18, United States Code, 

8 or imprisoned for not more than 5 years, or both, 

9 in the case of an initial violation, subject to para10 graphs (3) and (4), 

11 ‘‘(2) fined under title 18, United States Code, 

12 or imprisoned for not more than 10 years, or both, 

13 in the case of a violation which occurs after a prior 

14 conviction for another offense under subsection (a) 

15 becomes final, subject to paragraphs (3) and (4), 

16 ‘‘(3) fined under title 18, United States Code, 

17 or imprisoned for not more than 20 years, in the 

18 case of a violation which is committed to facilitate 

19 a drug trafficking crime (as defined in section 

20 929(a)(2) of title 18, United States Code) or in con21 nection with a crime of violence (as defined in sec22 tion 924(c)(3) of title 18, United States Code), sub23 ject to paragraph (4), and 

24 ‘‘(4) fined under title 18, United States Code, 

25 or imprisoned for not more than 25 years, in the
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1 case of a violation which is committed to facilitate 

2 an act of international or domestic terrorism (as de3 fined in paragraphs (1) and (5), respectively, of sec4 tion 2331 of title 18, United States Code).’’; and 

5 (4) in subsection (c) (as redesignated by para6 graph (2))—

7 (A) by striking the first sentence; and 

8 (B) in the second sentence, by striking 

9 ‘‘any violation described in the preceding sen10 tence, including a first such violation’’ and in11 serting ‘‘a violation of any of the provisions of 

12 this section committed by any person or other 

13 entity in the role of such person or entity as, 

14 or in applying to become, a certified payee 

15 under section 205(j) on behalf of another indi16 vidual (other than such person’s spouse)’’. 

17 (b) AMENDMENTS TO TITLE VIII.—Section 811 of 

18 such Act (42 U.S.C. 1011) is amended—

19 (1) in subsection (a), by striking ‘‘shall be 

20 fined’’ and all that follows and inserting ‘‘shall be 

21 fined, imprisoned, or both, as provided in subsection 

22 (b).’’; 

23 (2) by redesignating subsection (b) as sub24 section (c); and 
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1 (3) by inserting after subsection (a) the fol2 lowing new subsection: 

3 ‘‘(b) PUNISHMENT.—A person convicted of a viola4 tion described in subsection (a) shall be—

5 ‘‘(1) fined under title 18, United States Code, 

6 or imprisoned for not more than 5 years, or both, 

7 in the case of an initial violation, subject to para8 graphs (3) and (4), 

9 ‘‘(2) fined under title 18, United States Code, 

10 or imprisoned for not more than 10 years, or both, 

11 in the case of a violation which occurs after a prior 

12 conviction for another offense under subsection (a) 

13 becomes final, subject to paragraphs (3) and (4), 

14 ‘‘(3) fined under title 18, United States Code, 

15 or imprisoned for not more than 20 years, in the 

16 case of a violation which is committed to facilitate 

17 a drug trafficking crime (as defined in section 

18 929(a)(2) of title 18, United States Code) or in con19 nection with a crime of violence (as defined in sec20 tion 924(c)(3) of title 18, United States Code), sub21 ject to paragraph (4), and 

22 ‘‘(4) fined under title 18, United States Code, 

23 or imprisoned for not more than 25 years, in the 

24 case of a violation which is committed to facilitate 

25 an act of international or domestic terrorism (as de-
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1 fined in paragraphs (1) and (5), respectively, of sec2 tion 2331 of title 18, United States Code).’’. 

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

4 such Act (42 U.S.C. 1383a) is amended—

5 (1) in subsection (a), by striking ‘‘shall be 

6 fined’’ and all that follows and inserting ‘‘shall be 

7 fined, imprisoned, or both, as provided in subsection 

8 (b).’’; 

9 (2) by redesignating subsection (b) as sub10 section (c); and 

11 (3) by inserting after subsection (a) the fol12 lowing new subsection: 

13 ‘‘(b) A person convicted of a violation described in 

14 subsection (a) shall be—

15 ‘‘(1) fined under title 18, United States Code, 

16 or imprisoned for not more than 5 years, or both, 

17 in the case of an initial violation, subject to para18 graphs (3) and (4), 

19 ‘‘(2) fined under title 18, United States Code, 

20 or imprisoned for not more than 10 years, or both, 

21 in the case of a violation which occurs after a prior 

22 conviction for another offense under subsection (a) 

23 becomes final, subject to paragraphs (3) and (4), 

24 ‘‘(3) fined under title 18, United States Code, 

25 or imprisoned for not more than 20 years, in the 
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1 case of a violation which is committed to facilitate 

2 a drug trafficking crime (as defined in section 

3 929(a)(2) of title 18, United States Code) or in con4 nection with a crime of violence (as defined in sec5 tion 924(c)(3) of title 18, United States Code), sub6 ject to paragraph (4), and 

7 ‘‘(4) fined under title 18, United States Code, 

8 or imprisoned for not more than 25 years, in the 

9 case of a violation which is committed to facilitate 

10 an act of international or domestic terrorism (as de11 fined in paragraphs (1) and (5), respectively, of sec12 tion 2331 of title 18, United States Code).’’. 

13 (d) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply with respect to violations occurring 

15 after the date of the enactment of this Act.

Æ