II 

110TH CONGRESS 

1ST SESSION S. 699 

To prevent the fraudulent use of social security account numbers by allowing 

the sharing of social security data among agencies of the United States 

for identity theft prevention and immigration enforcement purposes, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2007 

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

to the Committee on the Judiciary 

A BILL 

To prevent the fraudulent use of social security account 

numbers by allowing the sharing of social security data 

among agencies of the United States for identity theft 

prevention and immigration enforcement purposes, 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 Fraud and Identity Theft Prevention Act’’. 


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1 SEC. 2. SHARING OF SOCIAL SECURITY DATA FOR IMMI2 GRATION ENFORCEMENT PURPOSES. 

3 (a) SOCIAL SECURITY ACCOUNT NUMBERS.—Section 

4 264(f) of the Immigration and Nationality Act (8 U.S.C. 

5 1304(f)) is amended to read as follows: 

6 ‘‘(f) Notwithstanding any other provision of law (in7 cluding section 6103 of the Internal Revenue Code of 

8 1986), the Secretary of Homeland Security, the Secretary 

9 of Labor, and the Attorney General are authorized to re10 quire an individual to provide the individual’s social secu11 rity account number for purposes of inclusion in any 

12 record of the individual maintained by either such Sec13 retary or the Attorney General, or of inclusion in any ap14 plication, document, or form provided under or required 

15 by the immigration laws.’’. 

16 (b) EXCHANGE OF INFORMATION.—Section 290(c) of 

17 the Immigration and Nationality Act (8 U.S.C. 1360(c)) 

18 is amended by striking paragraph (2) and inserting the 

19 following new paragraphs: 

20 ‘‘(2)(A) Notwithstanding any other provision of law 

21 (including section 6103 of the Internal Revenue Code of 

22 1986), if earnings are reported on or after January 1, 

23 1997, to the Social Security Administration on a social 

24 security account number issued to an alien not authorized 

25 to work in the United States, the Commissioner of Social 

26 Security shall provide the Secretary of Homeland Security 


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1 with information regarding the name, date of birth, and 

2 address of the alien, the name and address of the person 

3 reporting the earnings, and the amount of the earnings. 

4 ‘‘(B) The information described in subparagraph (A) 

5 shall be provided in an electronic form agreed upon by 

6 the Commissioner and the Secretary. 

7 ‘‘(3)(A) Notwithstanding any other provision of law 

8 (including section 6103 of the Internal Revenue Code of 

9 1986), if a social security account number was used with 

10 multiple names, the Commissioner of Social Security shall 

11 provide the Secretary of Homeland Security with informa12 tion regarding the name, date of birth, and address of 

13 each individual who used that social security account num14 ber, and the name and address of the person reporting 

15 the earnings for each individual who used that social secu16 rity account number. 

17 ‘‘(B) The information described in subparagraph (A) 

18 shall be provided in an electronic form agreed upon by 

19 the Commissioner and the Secretary for the sole purpose 

20 of enforcing the immigration laws. 

21 ‘‘(C) The Secretary, in consultation with the Commis22 sioner, may limit or modify the requirements of this para23 graph, as appropriate, to identify the cases posing the 

24 highest possibility of fraudulent use of social security acVerDate Aug 31 2005 23:52 Mar 01, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S699.IS S699

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1 count numbers related to violation of the immigration 

2 laws. 

3 ‘‘(4)(A) Notwithstanding any other provision of law 

4 (including section 6103 of the Internal Revenue Code of 

5 1986), if more than one person reports earnings for an 

6 individual during a single tax year, the Commissioner of 

7 Social Security shall provide the Secretary of Homeland 

8 Security information regarding the name, date of birth, 

9 and address of the individual, and the name and address 

10 of the each person reporting earnings for that individual. 

11 ‘‘(B) The information described in subparagraph (A) 

12 shall be provided in an electronic form agreed upon by 

13 the Commissioner and the Secretary for the sole purpose 

14 of enforcing the immigration laws. 

15 ‘‘(C) The Secretary, in consultation with the Commis16 sioner, may limit or modify the requirements of this para17 graph, as appropriate, to identify the cases posing the 

18 highest possibility of fraudulent use of social security ac19 count numbers related to violation of the immigration 

20 laws. 

21 ‘‘(5)(A) The Commissioner of Social Security shall 

22 perform, at the request of the Secretary of Homeland Se23 curity, a search or manipulation of records held by the 

24 Commissioner if the Secretary certifies that the purpose 

25 of the search or manipulation is to obtain information that 


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1 is likely to assist in identifying individuals (and their em2 ployers) who are using false names or social security ac3 count numbers, who are sharing a single valid name and 

4 social security account number among multiple individ5 uals, who are using the social security account number of 

6 a person who is deceased, too young to work, or not au7 thorized to work, or who are otherwise engaged in a viola8 tion of the immigration laws. The Commissioner shall pro9 vide the results of such search or manipulation to the Sec10 retary, notwithstanding any other provision law (including 

11 section 6103 of the Internal Revenue Code of 1986). 

12 ‘‘(B) The Secretary shall transfer to the Commis13 sioner the funds necessary to cover the costs directly in14 curred by the Commissioner in carrying out each search 

15 or manipulation requested by the Secretary under sub16 paragraph (A).’’. 

17 (c) FALSE CLAIMS OF CITIZENSHIP BY NATIONALS

18 OF THE UNITED STATES.—Section 212(a)(6)(C)(ii)(I) of 

19 the Immigration and Nationality Act (8 U.S.C. 

20 1182(a)(6)(C)(ii)(I)) is amended by inserting ‘‘or na21 tional’’ after ‘‘citizen’’. 

Æ 


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