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104TH CONGRESS
2D SESSION
H. R. 3598
To amend part A of title XI of the Social Security Act to prohibit certain
misuses of the Social Security account number.
IN THE HOUSE OF REPRESENTATIVES
JUNE 6, 1996
Mr. KLECZKA introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To amend part A of title XI of the Social Security Act
to prohibit certain misuses of the Social Security account
number.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PROHIBITION OF CERTAIN MISUSES OF THE
SOCIAL SECURITY ACCOUNT NUMBER.
(a) IN GENERAL.—Part A of title XI of the Social
Security Act is amended by adding at the end the follow-
ing new section:
‘‘(d) CIVIL PENALTIES.—The Director of the Office
of Management and Budget shall impose a civil money
penalty not to exceed $5,000 against any person for each
violation by such person of subsection (a) or (b). Any such
violation committed contemporaneously with respect to the
social security account numbers of 2 or more persons by
means of mail, telecommunication, or otherwise shall be
treated as a separate violation with respect to each such
person.
‘‘(e) ENFORCEMENT PROCEDURES.—
‘‘(1) IN GENERAL.—The provisions of section
1128A (other that subsections (a), (b), (f), (h), (i),
and (j) and the first sentence of subsection (c)) and
the provisions of subsections (d) and (e) of section
205 shall apply to civil money penalties under sub-
section (d) of this section in the same manner as
such provisions apply to a penalty or proceeding
under section 1128A(a), except that, for purposes of
this paragraph, any reference in section 1128A to
the Secretary and any reference in subsections (d)
and (e) of section 205 to the Commissioner of Social
Security shall be deemed a reference to the Director
of the Office of Management and Budget.
‘‘(2) RELATED PROVISIONS.—Penalties imposed
against a person under subsection (d) may be com-
promised by the Director and may be recovered in
a civil action in the name of the United States
brought in the district court of the United States for
the district in which the violation occurred or where
the person resides, has its principal office, or may be
found, as determined by the Director. Amounts re-
covered under this section shall be paid to the Direc-
tor and shall be deposited as miscellaneous receipts
of the Federal Old-Age and Survivors Insurance
Trust Fund. The amount of such penalty when fi-
nally determined, or the amount agreed upon in
compromise, may be deducted from any sum then or
later owing by the United States to the person
against whom the penalty has been imposed.
‘‘(f) ENFORCEMENT THROUGH THE OFFICE OF IN-
FORMATION AND PRIVACY, WITH ASSISTANCE FROM THE
COMMISSIONER
OF SOCIAL SECURITY.—The preceding
provisions of this section shall be enforced through the Of-
fice of Information and Privacy of the Office of Manage-
ment and Budget. The Director of the Office of Manage-
ment and Budget shall consult regularly with the Commis-
sioner of Social Security in connection with enforcement
provided for under this section, and the Commissioner
shall provide the Director with such appropriate assistance
with respect to matters subject to such enforcement as the
Director may request.’’.
SEC. 2. EFFECTIVE DATE.
The amendment made by section 1 shall apply with
respect to violations occurring after 2 years after the date
of the enactment of this Act.
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