I

103D CONGRESS

2D SESSION H. R. 3919

To restrict the use of social security account numbers to purposes related

to social security and other social services.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 28, 1994

Mr. BLUTE (by request) introduced the following bill; which was referred

jointly to the Committees on Ways and Means and Government Operations

A BILL

To restrict the use of social security account numbers to

purposes related to social security and other social services.

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 Privacy

5 Act of 1994’’.

6 SEC. 2. FINDINGS AND DECLARATION OF POLICY.

7 (a) FINDINGS.—The Congress finds the following:

8 (1) The social security account number is a

9 very effective and powerful method of identifying in10 dividuals in modern society and its use must there-
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1 for be restricted if reasonable levels of privacy are

2 to be maintained.

3 (2) Numerous citizens concerned for their pri4 vacy have petitioned the Congress that use of their

5 social security account numbers at all levels of gov6 ernment be restricted.

7 (b) DECLARATION OF POLICY.—It is therefore the

8 policy of the Congress to restrict the use of the social secu9 rity account number to purposes most directly related to

10 social security and other social services.

11 SEC. 3. RESTRICTIONS ON USE OF SOCIAL SECURITY AC12 COUNT NUMBERS.

13 (a) IN GENERAL.—So much of section 205(c)(2)(C)

14 of the Social Security Act (42 U.S.C. 405(c)(2)(C)) as

15 precedes clause (iii) is amended to read as follows:

16 ‘‘(C)(i) Except to the extent otherwise provided in

17 this subsection or to the extent otherwise provided in any

18 other provision of Federal law specifically referring to this

19 subparagraph, it shall be unlawful for the Federal Govern20 ment, any State (or political subdivision thereof), or any

21 agency thereof—

22 ‘‘(I) to deny to any individual any right, bene23 fit, or privilege provided by law because of such indi24 vidual’s refusal to disclose his or her social security

25 account number assigned by the Secretary, or
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1 ‘‘(II) to utilize, without the individual’s written

2 consent, any number consisting in whole or in part

3 of the individual’s social security account number as4 signed by the Secretary, or any derivitive thereof, for

5 purposes of identifying the individual.

6 Any Federal, State, or local government agency which re7 quests an individual to disclose his or her social security

8 account number shall inform such individual whether that

9 disclosure is mandatory or voluntary, by what statutory

10 or other authority such number is solicited, and what uses

11 will be made of it.

12 ‘‘(ii) Any State (or political subdivision thereof) may,

13 in the administration of any general public assistance law

14 within its jurisdiction, utilize the social security account

15 numbers issued by the Secretary for the purpose of estab16 lishing the identification of individuals affected by such

17 law, and may require any individual who is or appears to

18 be so affected to furnish to such State (or political subdivi19 sion thereof) or any agency thereof having administrative

20 responsibility for such law, the social security account

21 number (or numbers, if he or she has more than one such

22 number) issued to him or her by the Secretary.’’.

23 (b) ADDITIONAL AMENDMENTS.—Section

24 205(c)(2)(C) of such Act is further amended—
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1 (1) by striking the clause (iii) added by section

2 2201(b)(3) of Public Law 101–624 (relating to ad3 ministration of section 506 of the Federal Crop

4 Insurance Act); and

5 (2) in clause (v), by striking ‘‘general public as6 sistance, driver’s license, or motor vehicle registra7 tion law’’ and inserting ‘‘general public assistance

8 law’’, and by striking ‘‘the laws referred to in clause

9 (i)’’ and inserting ‘‘such law’’.

10 (c) CLERICAL AND CONFORMING AMENDMENTS.—

11 (1) Section 205(c)(2)(C) of such Act is further

12 amended—

13 (A) in the first sentence of clause (iv), by

14 striking ‘‘subclause (I) of’’;

15 (B) by striking the second sentence of

16 clause (iv); and

17 (C) by striking the clause (vii) added by

18 section 1735(b) of Public Law 101–264, and, in

19 subclause (IV) of the remaining clause (vii), by

20 inserting ‘‘, or a request therefor,’’ after ‘‘num21 ber’’.

22 (2)(A) Section 205(c)(2)(D) of the Social Secu23 rity Act (42 U.S.C. 405(c)(2)(D)) (relating to re24 quirement of blood donors to furnish social security

25 account numbers) is repealed.
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1 (B) Section 1141(c) of such Act (42 U.S.C.

2 1320b–11(c)) (relating to Blood Donor Locator

3 Service) is amended by inserting ‘‘(if disclosed by

4 the blood donor to the authorized person making the

5 request)’’ after ‘‘social security account number’’.

6 (3) Section 7 of the Privacy Act of 1974 (Pub7 lic Law 93–579; 88 Stat. 1909) is repealed.

8 (d) EFFECTIVE DATE AND TRANSITIONAL RULES.—

9 (1) EFFECTIVE DATE.—The amendments made

10 by this section shall take effect January 1, 1995.

11 (2) STATE TAX LAWS.—The amendments made

12 by this section shall not apply with respect to the

13 use, on or after January 1, 1995, by an agency of

14 a State (or a political subdivision thereof) of an indi15 vidual’s social security account number disclosed to

16 such State (or political subdivision) before such date,

17 if—

18 (A) the disclosure of such number was re19 quired under a tax law of such State (or such

20 political subdivision) prior to such date,

21 (B) the disclosure was for the purpose of

22 maintaining a system of records which was in

23 existence and operating before such date, and
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1 (C) the use of such number on or after

2 such date is restricted solely to the administra3 tion of such tax law.

4 (3) DRIVER’S LICENSE AND MOTOR VEHICLE

5 REGISTRATION.—The amendments made by this sec6 tion shall not apply with respect to driver’s licenses

7 issued, or motor vehicle registrations executed, be8 fore January 1, 1995, until the respective renewal

9 dates thereof on or after such date.

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