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. BEREU-
TER, 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 re-
ferred to the Committee on Ways and Means, and in addition to the 
Committees on Financial Services and Energy and Commerce, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Social Security Act to enhance Social Security 
account number privacy protections, to prevent fraudu-
lent misuse of the Social Security account number, and 
to otherwise enhance protection against identity theft, 
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Social Security Number Privacy and Identity Theft Pre-
vention Act of 2003’’. 
(b) TABLE OF CONTENTS.—The table of contents is 
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 secu-
rity 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 driv-
er’s licenses or motor vehicle registrations. 
Sec. 105. Prohibition of the display of personal identification numbers on em-
ployee 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 num-
ber considered unfair or deceptive act or practice. 
TITLE II—MEASURES TO ENSURE THE INTEGRITY OF APPLICA-
TIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS AND RE-
PLACEMENT SOCIAL SECURITY CARDS 
Sec. 201. Independent verification of birth records provided in support of appli-
cations 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 num-
bering 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 Administra-
tion who knowingly and fraudulently issue social security cards 
or social security account numbers.
Sec. 304. Enhanced penalties in cases of terrorism, drug trafficking, crimes of 
violence, or prior offenses.
TITLE I—PROVISIONS RELATING 
TO THE SOCIAL SECURITY AC-
COUNT NUMBER IN THE PUB-
LIC AND PRIVATE SECTORS 
SEC. 101. RESTRICTIONS ON THE SALE OR DISPLAY TO THE 
GENERAL PUBLIC OF SOCIAL SECURITY AC-
COUNT NUMBERS BY GOVERNMENTAL AGEN-
CIES. 
(a) IN GENERAL.—Section 205(c)(2)(C) of the Social 
Security Act (42 U.S.C. 405(c)(2)(C)) is amended by add-
ing at the end the following new clause: 
‘‘(x)(I) An executive, legislative, or judicial agency or 
instrumentality of the Federal Government or of a State 
or a political subdivision thereof or trustee appointed in 
a case under title 11, United States Code (or person act-
ing as an agent of such an agency or instrumentality or 
trustee) in possession of any individual’s social security 
account number may not sell or display to the general pub-
lic such number. Notwithstanding the preceding sentence, 
such number may be sold or displayed to the general pub-
lic in accordance with the exceptions specified in sub-
clauses (II), (III), (IV), (V), and (VI) (and for no other 
purpose).
‘‘(II) Notwithstanding subclause (I), a social security 
account number may be sold by an agency, instrumen-
tality, trustee, or agent referred to in subclause (I) to the 
extent that such sale is specifically authorized by this Act. 
‘‘(III) Notwithstanding subclause (I), a social secu-
rity account number may be sold or displayed to the gen-
eral public by an agency, instrumentality, trustee, or agent 
referred to in subclause (I) to the extent that is necessary 
or appropriate for law enforcement or national security 
purposes, as determined under regulations which shall be 
issued by the Attorney General of the United States under 
subparagraph (I). 
‘‘(IV) Notwithstanding subclause (I), a social security 
account number may be sold by a State department of 
motor vehicles as authorized under subsection (b) of sec-
tion 2721 of title 18, United States Code, if such number 
is to be used pursuant to such sale solely for purposes 
permitted under paragraph (1), (6), or (9) of such sub-
section. 
‘‘(V) Notwithstanding subclause (I), a social security 
account number may be sold or otherwise made available 
by an agency, instrumentality, trustee, or agent referred 
to in subclause (I) to a consumer reporting agency, as de-
fined in section 603(f) of the Fair Credit Reporting Act
(15 U.S.C. 1618a(f)), exclusively for use in accordance 
with such Act. 
‘‘(VI) Notwithstanding subclause (I), a social security 
account number may be sold or displayed to the general 
public by an agency, instrumentality, trustee, or agent re-
ferred to in subclause (I) under such other circumstances 
as the Attorney General of the United States may deter-
mine appropriate in regulations issued under subpara-
graph (I). 
‘‘(VII) This clause does not apply with respect to a 
social security account number of a deceased individual. 
‘‘(VIII) For purposes of this clause, the term ‘sell’ 
means, in connection with a social security account num-
ber, to accept an item of material value in exchange for 
such number. 
‘‘(IX) For purposes of this clause, the term ‘display 
to the general public’ shall have the meaning provided 
such term in section 208A(a)(3). 
‘‘(X) For purposes of this clause, the term ‘social se-
curity account number’ includes any derivative of such 
number.’’.
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect 1 year after the date of the 
issuance by the Attorney General of the United States of 
final regulations under section 205(c)(2)(I) of the Social
Security Act (added by section 102). Such amendment 
shall apply in the case of displays to the general public, 
as defined in section 208A(a)(3) of such Act (added by 
section 107), to such displays originally occurring after 
such 1-year period. 
SEC. 102. REGULATORY AUTHORITY OF THE ATTORNEY 
GENERAL OF THE UNITED STATES. 
(a) IN GENERAL.—Section 205(c)(2) of the Social 
Security Act (42 U.S.C. 405(c)(2)) is amended by adding 
at the end the following new subparagraph: 
‘‘(I)(i) Regulations issued by the Attorney General of 
the United States pursuant to subclauses (III) and (VI) 
of subparagraph (C)(x) and paragraphs (1), (2), and (7) 
of section 208A(c) shall be issued in accordance with sec-
tion 553 of title 5, United States Code. In issuing such 
regulations, the Attorney General shall consult with the 
Commissioner of Social Security, the Secretary of Home-
land Security, the Federal Trade Commission, State attor-
neys general, and such other governmental agencies and 
instrumentalities as the Attorney General of the United 
States considers appropriate. 
‘‘(ii) In issuing the regulations described in clause (i) 
pursuant to the provisions of subparagraph (C)(x)(III) or 
paragraph (1) or (2) of section 208A(c) (relating to law 
enforcement and national security), the Attorney General
may authorize the sale, purchase, or display to the general 
public of social security account numbers only if the Attor-
ney General determines that—
‘‘(I) such sale, purchase, or display would serve 
a compelling public interest that cannot reasonably 
be served through alternative measures, and 
‘‘(II) such sale, purchase, or display will not 
pose an undue risk of bodily, emotional, or financial 
harm to an individual (taking into account any re-
strictions and conditions that the Attorney General 
imposes on the sale, purchase, or disclosure). 
‘‘(iii) If the Attorney General authorizes the sale, 
purchase, or display to the general public of social security 
account numbers, in regulations issued pursuant to sub-
paragraph (C)(x)(VI) or section 208A(c)(7) (relating to 
matters other than law enforcement or national security), 
the Attorney General shall impose restrictions and condi-
tions on the sale, purchase, or display to the general public 
to the extent necessary—
‘‘(I) to provide reasonable assurances that so-
cial security account numbers will not be used to 
commit or facilitate fraud, deception, or crime, and 
‘‘(II) to prevent an undue risk of bodily, emo-
tional, or financial harm to an individual.
‘‘(iv) For purposes of clause (iii), the Attorney Gen-
eral shall consider, among other relevant factors—
‘‘(I) the cost or burden to the general public, 
businesses, commercial enterprises, non-profit orga-
nizations, and to Federal, State, and local govern-
ments of complying with the restrictions and condi-
tions imposed by the Attorney General; 
‘‘(II) the benefit to the general public, busi-
nesses, commercial enterprises, non-profit associa-
tions, and to Federal, State, and local governments 
derived from the imposition of such restrictions and 
conditions; and 
‘‘(III) in connection with subclause (II) of 
clause (iii), the nature, likelihood, and severity of the 
anticipated harm described in such subclause that 
could result from the sale, purchase, or display to 
the general public of social security account num-
bers, together with the nature, likelihood, and extent 
of any benefits that could be realized therefrom. 
‘‘(v) For purposes of this subparagraph, the terms 
‘sell’, ‘purchase’, and ‘display to the general public’ shall 
have the meanings provided such terms under section 
208A(a).
‘‘(vi) For purposes of this subparagraph, the term 
‘social security account number’ includes any derivative of 
such number.’’. 
(b) REGULATIONS.—The Attorney General of the 
United States shall promulgate regulations required under 
this section not later than 1 year after the date of the 
enactment of this Act. 
SEC. 103. PROHIBITION OF DISPLAY OF SOCIAL SECURITY 
ACCOUNT NUMBERS ON CHECKS ISSUED FOR 
PAYMENT BY GOVERNMENTAL AGENCIES. 
(a) IN GENERAL.—Section 205(c)(2)(C) of the Social 
Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by 
section 101) is amended further by adding at the end the 
following new clause: 
‘‘(xi) No executive, legislative, or judicial agency or 
instrumentality of the Federal Government or of a State 
or a political subdivision thereof or trustee appointed in 
a case under title 11, United States Code (or person act-
ing as an agent of such an agency or instrumentality or 
trustee) may include the social security account number 
of any individual on any check issued for any payment 
by the Federal Government, any State or political subdivi-
sion thereof, or any agency or instrumentality thereof, or 
such trustee or on any document attached to or accom-
panying such a check.’’.
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to checks (and docu-
ments attached to or accompanying such checks) issued 
after 1 year after the date of the enactment of this Act.
SEC. 104. PROHIBITION OF THE DISPLAY OF SOCIAL SECU-
RITY ACCOUNT NUMBERS ON DRIVER’S LI-
CENSES 
OR 
MOTOR 
VEHICLE 
REGISTRA-
TIONS. 
(a) IN GENERAL.—Section 205(c)(2)(C)(vi) of the 
Social Security Act (42 U.S.C. 405(c)(2)(C)(vi)) is 
amended—
(1) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and 
(2) by adding at the end the following new sub-
clause: 
‘‘(II) A State or political subdivision thereof (and any 
person acting as an agent of such an agency or instrumen-
tality), in the administration of any driver’s license or 
motor vehicle registration law within its jurisdiction, may 
not display the social security account numbers issued by 
the Commissioner of Social Security, or any derivative of 
such numbers, on any driver’s license or motor vehicle reg-
istration or any other document issued by such State or 
political subdivision to an individual for purposes of identi-
fication of such individual.’’.
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to licenses, registra-
tions, and other documents issued or reissued after 1 year 
after the date of the enactment of this Act. 
SEC. 105. PROHIBITION OF THE DISPLAY OF PERSONAL 
IDENTIFICATION NUMBERS ON EMPLOYEE 
IDENTIFICATION CARDS OR TAGS. 
(a) IN GENERAL.—Section 205(c)(2)(C) of the Social 
Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by the 
preceding provisions of this title) is amended further by 
adding at the end the following new clause: 
‘‘(xii) No employer (including any executive, legisla-
tive, or judicial agency or instrumentality of the Federal 
Government or of a State or political subdivision thereof), 
and no person offering benefits in connection with an em-
ployee benefit plan maintained by such employer or acting 
as an agent of such employer, may display the social secu-
rity account number (or any derivative of such number) 
on any card or tag that is commonly provided to employees 
of such employer (or to their family members) for pur-
poses of identification.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to cards or tags issued 
after 1 year after the date of the enactment of this Act.
SEC. 106. PROHIBITION OF INMATE ACCESS TO SOCIAL SE-
CURITY ACCOUNT NUMBERS. 
(a) IN GENERAL.—Section 205(c)(2)(C) of the Social 
Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by the 
preceding provisions of this title) is amended further by 
adding at the end the following new clause: 
‘‘(xiv) No executive, legislative, or judicial agency or 
instrumentality of the Federal Government or of a State 
or political subdivision thereof (or person acting as an 
agent of such an agency or instrumentality) may employ, 
or enter into a contract for the use or employment of, pris-
oners in any capacity that would allow such prisoners ac-
cess to the social security account numbers of other indi-
viduals. For purposes of this clause, the term ‘prisoner’ 
means an individual confined in a jail, prison, or other 
penal institution or correctional facility.’’. 
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendment made by this section shall 
apply with respect to employment of prisoners, or 
entry into contract for the use or employment of 
prisoners, on or after the date of the enactment of 
this Act. 
(2) 
TREATMENT
OF
CURRENT
ARRANGE-
MENTS.—In the case of—
(A) prisoners employed as described in 
clause (xiv) of section 205(c)(2)(C) of the So-
cial Security Act (as added by this section) on 
the date of the enactment of this Act, and 
(B) contracts described in such clause in 
effect on such date, 
the amendment made by this section shall take ef-
fect 90 days after the date of the enactment of this 
Act. 
SEC. 107. PROHIBITION OF THE SALE, PURCHASE, OR DIS-
PLAY TO THE GENERAL PUBLIC OF THE SO-
CIAL SECURITY ACCOUNT NUMBER IN THE 
PRIVATE SECTOR. 
(a) IN GENERAL.—Title II of the Social Security Act 
is amended by inserting after section 208 (42 U.S.C. 408) 
the following new section: 
‘‘PROHIBITION OF THE SALE, PURCHASE, OR DISPLAY TO 
THE GENERAL PUBLIC OF THE SOCIAL SECURITY 
ACCOUNT NUMBER IN THE PRIVATE SECTOR 
‘‘SEC. 208A. (a) DEFINITIONS.—In this section: 
‘‘(1) PERSON.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘person’ means any indi-
vidual, partnership, corporation, trust, estate, 
cooperative, association, or any other entity.
‘‘(B) GOVERNMENTAL
ENTITIES.—Such 
term does not include a governmental entity. 
Nothing in this subparagraph shall be con-
strued to authorize, in connection with a gov-
ernmental entity, an act or practice otherwise 
prohibited 
under 
this 
section 
or 
section 
205(c)(2)(C). 
‘‘(2) SELLING AND PURCHASING.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B)—
‘‘(i) SELL.—The term ‘sell’ in connec-
tion with a social security account number 
means to obtain, directly or indirectly, any-
thing of value in exchange for such num-
ber. 
‘‘(ii) PURCHASE.—The term ‘pur-
chase’ in connection with a social security 
account number means to provide, directly 
or indirectly, anything of value in exchange 
for such number. 
‘‘(B) EXCEPTIONS.—The terms ‘sell’ and 
‘purchase’ in connection with a social security 
account number do not include the submission 
of such number as part of—
‘‘(i) the process for applying for any 
type of Government benefits or programs 
(such as grants or loans or welfare or 
other public assistance programs), or 
‘‘(ii) the administration of, or provi-
sion of benefits under, an employee benefit 
plan. 
‘‘(3) DISPLAY TO THE GENERAL PUBLIC.—The 
term ‘display to the general public’ means, in con-
nection with a social security account number, to in-
tentionally place such number in a viewable manner 
on an Internet site that is available to the general 
public or to make such number available in any 
other manner intended to provide access to such 
number by the general public. 
‘‘(4) SOCIAL
SECURITY
ACCOUNT
NUMBER.—
The term ‘social security account number’ has the 
meaning given such term in section 208(c). 
‘‘(b) PROHIBITION.—Except as provided in sub-
section (c), it shall be unlawful for any person to—
‘‘(1) sell or purchase a social security account 
number or display to the general public a social se-
curity account number or any derivative thereof, or 
‘‘(2) obtain or use any individual’s social secu-
rity account number for the purpose of locating or
identifying such individual with the intent to phys-
ically injure or harm such individual or using the 
identity of such individual for any illegal purpose. 
‘‘(c) EXCEPTIONS.—
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(b), a social security account number may be sold, 
purchased, or displayed to the general public by any 
person to the extent provided in this subsection (and 
for no other purpose) as follows: 
‘‘(A) to the extent necessary for law en-
forcement, including (but not limited to) the en-
forcement of a child support obligation, as de-
termined under regulations of the Attorney 
General of the United States issued under sec-
tion 205(c)(2)(I); 
‘‘(B) to the extent necessary for national 
security purposes, as determined under regula-
tions of the Attorney General of the United 
States issued under section 205(c)(2)(I); 
‘‘(C) to the extent necessary for public 
health purposes; 
‘‘(D) to the extent necessary in emergency 
situations to protect the health or safety of 1 
or more individuals;
‘‘(E) to the extent necessary for research 
conducted for the purpose of advancing public 
knowledge, on the condition that the researcher 
provides adequate assurances that—
‘‘(i) the social security account num-
bers will not be used to harass, target, or 
publicly reveal information concerning any 
identifiable individuals; 
‘‘(ii) information about identifiable in-
dividuals obtained from the research will 
not be used to make decisions that directly 
affect the rights, benefits, or privileges of 
specific individuals; and 
‘‘(iii) the researcher has in place ap-
propriate safeguards to protect the privacy 
and confidentiality of any information 
about identifiable individuals; 
‘‘(F) to the extent consistent with an indi-
vidual’s voluntary and affirmative written con-
sent to the sale, purchase, or display to the gen-
eral public of a social security account number 
that has been assigned to that individual; and 
‘‘(G) under such other circumstances as 
the Attorney General of the United States may
determine appropriate in regulations issued 
under section 205(c)(2)(I). 
‘‘(2) DECEASED
INDIVIDUALS.—This section 
does not apply with respect to the social security ac-
count number of a deceased individual. 
‘‘(d) CRIMINAL PENALTY.—Any person who violates 
this section shall be guilty of a felony and upon conviction 
thereof shall be fined under title 18, United States Code, 
or imprisoned for not more than 5 years, or both.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to violations occurring 
after 1 year after the date of the issuance by the Attorney 
General of the United States of final regulations under 
section 205(c)(2)(I) of the Social Security Act (added by 
section 102). 
SEC. 108. CONFIDENTIAL TREATMENT OF CREDIT HEADER 
INFORMATION. 
(a) IN GENERAL.—Section 603 of the Fair Credit 
Reporting Act (15 U.S.C. 1681a) is amended by adding 
at the end the following new subsection: 
‘‘(q) CONFIDENTIAL TREATMENT OF CREDIT HEAD-
ER INFORMATION.—Information regarding the social se-
curity account number of the consumer, or any derivative 
thereof, may not be furnished to any person by a consumer 
reporting agency other than in a full consumer report fur-
nished in accordance with section 604 and other require-
ments of this title.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect 90 days after the date of the 
enactment of this Act. 
SEC. 109. REFUSAL TO DO BUSINESS WITHOUT RECEIPT OF 
SOCIAL SECURITY ACCOUNT NUMBER CON-
SIDERED UNFAIR OR DECEPTIVE ACT OR 
PRACTICE. 
(a) IN GENERAL.—Any person who refuses to do 
business with an individual because the individual will not 
consent to the receipt by such person of the social security 
account number of such individual shall be considered to 
have committed an unfair or deceptive act or practice in 
violation of section 5 of the Federal Trade Commission 
Act (15 U.S.C. 45). Action may be taken under such sec-
tion 5 against such a person. 
(b) EXCEPTION.—Subsection (a) shall not apply to 
any person in any case in which such person is expressly 
required under Federal law, in connection with doing busi-
ness with an individual, to submit to the Federal Govern-
ment such individual’s social security account number. 
(c) EFFECTIVE DATE.—The preceding provisions of 
this section shall apply with respect to acts or practices
committed after 180 days after the date of the enactment 
of this Act. 
TITLE 
II—MEASURES 
TO 
EN-
SURE THE INTEGRITY OF AP-
PLICATIONS FOR SOCIAL SE-
CURITY ACCOUNT NUMBERS 
AND REPLACEMENT SOCIAL 
SECURITY CARDS 
SEC. 
201. 
INDEPENDENT 
VERIFICATION 
OF 
BIRTH 
RECORDS PROVIDED IN SUPPORT OF APPLI-
CATIONS FOR SOCIAL SECURITY ACCOUNT 
NUMBERS. 
(a) APPLICATIONS FOR SOCIAL SECURITY ACCOUNT 
NUMBERS.—Section 205(c)(2)(B)(ii) of the Social Secu-
rity Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended—
(1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; and 
(2) by adding at the end the following new sub-
clause: 
‘‘(II) With respect to an application for a social secu-
rity account number for an individual, other than for pur-
poses of enumeration at birth, the Commissioner shall re-
quire independent verification of any birth record provided 
by the applicant in support of the application. The Com-
missioner may provide by regulation for reasonable excep-
tions from the requirement for independent verification
under this subclause in any case in which the Commis-
sioner determines there is minimal opportunity for 
fraud.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to applications filed 
after 180 days after the date of the enactment of this Act. 
(c) STUDY REGARDING APPLICATIONS
FOR RE-
PLACEMENT SOCIAL SECURITY CARDS.—
(1) IN GENERAL.—As soon as practicable after 
the date of the enactment of this Act, the Commis-
sioner of Social Security shall undertake a study to 
test the feasibility and cost effectiveness of verifying 
all identification documents submitted by an appli-
cant for a replacement social security card. As part 
of such study, the Commissioner shall determine the 
feasibility of, and the costs associated with, the de-
velopment of appropriate electronic processes for 
third party verification of any such identification 
documents which are issued by agencies and instru-
mentalities of the Federal Government and of the 
States (and political subdivisions thereof). 
(2) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the Commissioner 
shall report to the Committee on Ways and Means 
of the House of Representatives and the Committee
on Finance of the Senate regarding the results of 
the study undertaken under paragraph (1). Such re-
port shall contain such recommendations for legisla-
tive changes as the Commissioner considers nec-
essary to implement needed improvements in the 
process for verifying identification documents sub-
mitted by applicants for replacement social security 
cards. 
SEC. 202. ENUMERATION AT BIRTH. 
(a) IMPROVEMENT OF APPLICATION PROCESS.—
(1) IN GENERAL.—As soon as practicable after 
the date of the enactment of this Act, the Commis-
sioner of Social Security shall undertake to make 
improvements to the enumeration at birth program 
for the issuance of social security account numbers 
to newborns. Such improvements shall be designed 
to prevent—
(A) the assignment of social security ac-
count numbers to unnamed children; 
(B) the issuance of more than 1 social se-
curity account number to the same child; and 
(C) other opportunities for fraudulently ob-
taining a social security account number. 
(2) REPORT
TO
THE
CONGRESS.—Not later 
than 180 days after the date of the enactment of
this Act, the Commissioner shall transmit to each 
House of the Congress a report specifying in detail 
the extent to which the improvements required 
under paragraph (1) have been made. 
(b) STUDY REGARDING PROCESS FOR ENUMERATION 
AT BIRTH.—
(1) IN GENERAL.—As soon as practicable after 
the date of the enactment of this Act, the Commis-
sioner of Social Security shall undertake a study to 
determine the most efficient options for ensuring the 
integrity of the process for enumeration at birth. 
Such study shall include an examination of available 
methods for reconciling hospital birth records with 
birth registrations submitted to agencies of States 
and political subdivisions thereof and with informa-
tion provided to the Commissioner as part of the 
process for enumeration at birth. 
(2) REPORT.—Not later than 18 months after 
the date of the enactment of this Act, the Commis-
sioner shall report to the Committee on Ways and 
Means of the House of Representatives and the 
Committee on Finance of the Senate regarding the 
results of the study undertaken under paragraph 
(1). Such report shall contain such recommendations 
for legislative changes as the Commissioner con-
siders necessary to implement needed improvements 
in the process for enumeration at birth. 
SEC. 203. STUDY RELATING TO USE OF PHOTOGRAPHIC 
IDENTIFICATION IN CONNECTION WITH AP-
PLICATIONS FOR BENEFITS, SOCIAL SECU-
RITY ACCOUNT NUMBERS, AND SOCIAL SECU-
RITY CARDS. 
(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this Act, the Commissioner of 
Social Security shall undertake a study to—
(1) determine the best method of requiring and 
obtaining photographic identification of applicants 
for old-age, survivors, and disability insurance bene-
fits under title II of the Social Security Act, for a 
social security account number, or for a replacement 
social security card, and of providing for reasonable 
exceptions to any requirement for photographic iden-
tification of such applicants that may be necessary 
to promote efficient and effective administration of 
this title, and 
(2) evaluate the benefits and costs of instituting 
such a requirement for photographic identification, 
including the degree to which the security and integ-
rity of the old-age, survivors, and disability insur-
ance program would be enhanced.
(b) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Commissioner shall re-
port to the Committee on Ways and Means of the House 
of Representatives and the Committee on Finance of the 
Senate regarding the results of the study undertaken 
under paragraph (1). Such report shall contain such rec-
ommendations for legislative changes as the Commissioner 
considers necessary relating to requirements for photo-
graphic identification of applicants described in subsection 
(a). 
SEC. 204. RESTRICTIONS ON ISSUANCE OF MULTIPLE RE-
PLACEMENT SOCIAL SECURITY CARDS. 
(a) IN GENERAL.—Section 205(c)(2)(G) of the Social 
Security Act (42 U.S.C. 405(c)(2)(G)) is amended by add-
ing at the end the following new sentence: ‘‘The Commis-
sioner shall by regulation restrict the issuance of multiple 
replacement social security cards to any individual to mini-
mize fraud.’’. 
(b) REGULATIONS
AND EFFECTIVE DATE.—The 
Commissioner of Social Security shall issue regulations re-
quired under the amendment made by subsection (a) not 
later than 180 days after the date of the enactment of 
this Act. Systems controls developed by the Commissioner 
pursuant to such amendment shall take effect upon the 
issuance of such regulations.
SEC. 205. STUDY RELATING TO MODIFICATION OF THE SO-
CIAL SECURITY ACCOUNT NUMBERING SYS-
TEM TO SHOW WORK AUTHORIZATION STA-
TUS. 
(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this Act, the Commissioner of 
Social Security, in consultation with the Secretary of 
Homeland Security, shall undertake a study to examine 
the best method of modifying the social security account 
number assigned to individuals who—
(1) are not citizens of the United States, 
(2) have not been admitted for permanent resi-
dence, and 
(3) are not authorized by the Secretary of 
Homeland Security to work in the United States, or 
are so authorized subject to one or more restrictions, 
so as to include an indication of such lack of authorization 
to work or such restrictions on such an authorization. 
(b) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Commissioner shall re-
port to the Committee on Ways and Means of the House 
of Representatives and the Committee on Finance of the 
Senate regarding the results of the study undertaken 
under this section. Such report shall include the Commis-
sioner’s recommendations of feasible options for modifying
the social security account number in the manner de-
scribed in subsection (a). 
TITLE III—ENFORCEMENT 
SEC. 301. NEW CRIMINAL PENALTIES FOR MISUSE OF SO-
CIAL SECURITY ACCOUNT NUMBERS. 
(a) IN GENERAL.—Section 208(a) of the Social Secu-
rity Act (42 U.S.C. 408(a)) is amended—
(1) in paragraph (7), by adding after subpara-
graph (C) the following new subparagraph: 
‘‘(D) with intent to deceive, discloses, sells, 
or transfers his own social security account 
number, assigned to him by the Commissioner 
of Social Security (in the exercise of the Com-
missioner’s authority under section 205(c)(2) to 
establish and maintain records), to any person; 
or’’; 
(2) in paragraph (8), by adding ‘‘or’’ at the 
end; and 
(3) by inserting after paragraph (8) the fol-
lowing new paragraphs: 
‘‘(9) without lawful authority, offers, for a fee, 
to acquire for any individual, or to assist in acquir-
ing for any individual, an additional social security 
account number or a number that purports to be a 
social security account number; or
‘‘(10) willfully acts or fails to act so as to cause 
a violation of section 205(c)(2)(C)(xii); or 
‘‘(11) being an officer or employee of any exec-
utive, legislative, or judicial agency or instrumen-
tality of the Federal Government or of a State or 
political subdivision thereof (or a person acting as 
an agent of such an agency or instrumentality) in 
possession of any individual’s social security account 
number (or an officer or employee thereof or a per-
son acting as an agent thereof), willfully acts or fails 
to act so as to cause a violation of clause (vi)(II), 
(x), (xi), (xii), (xiii), or (xiv) of section 205(c)(2)(C); 
or 
‘‘(12) being a trustee appointed in a case under 
title 11, United States Code (or an officer or em-
ployee thereof or a person acting as an agent there-
of), willfully acts or fails to act so as to cause a vio-
lation of clause (x) or (xi) of section 205(c)(2)(C);’’. 
(b) EFFECTIVE DATES.—Paragraphs (7)(D) and (9) 
of section 208(a) of the Social Security Act (added by sub-
section (a)(2)) shall apply with respect to each violation 
occurring after the date of the enactment of this Act. 
Paragraphs (10), (11), and (12) of section 208(a) of such 
Act (added by subsection (a)(2)) shall apply with respect
to each violation occurring on or after the effective date 
applicable with respect to such violation under title I. 
SEC. 302. EXTENSION OF CIVIL MONETARY PENALTY AU-
THORITY. 
(a) APPLICATION OF CIVIL MONEY PENALTIES TO 
ELEMENTS OF CRIMINAL VIOLATIONS.—Section 1129(a) 
of the Social Security Act (42 U.S.C. 1320a–8(a)) is 
amended—
(1) by redesignating paragraph (2) as para-
graph (4); 
(2) by designating the last sentence of para-
graph (1) as a new paragraph (2), appearing after 
and below paragraph (1); and 
(3) by inserting after paragraph (2) (as des-
ignated under paragraph (2) of this subsection) the 
following: 
‘‘(3) Any person (including an organization, agency, 
or other entity) who—
‘‘(A) uses a social security account number that 
such person knows or should know has been as-
signed by the Commissioner of Social Security (in an 
exercise of authority under section 205(c)(2) to es-
tablish and maintain records) on the basis of false 
information furnished to the Commissioner by any 
person;
‘‘(B) falsely represents a number to be the so-
cial security account number assigned by the Com-
missioner of Social Security to any individual, when 
such person knows or should know that such number 
is not the social security account number assigned 
by the Commissioner to such individual; 
‘‘(C) knowingly alters a social security card 
issued by the Commissioner of Social Security, or 
possesses such a card with intent to alter it; 
‘‘(D) knowingly buys or sells a card that is, or 
purports to be, a card issued by the Commissioner 
of Social Security, or possesses such a card with in-
tent to buy or sell it; 
‘‘(E) counterfeits a social security card, or pos-
sesses a counterfeit social security card with intent 
to buy or sell it; 
‘‘(F) discloses, uses, compels the disclosure of, 
or knowingly sells or purchases the social security 
account number of any person in violation of the 
laws of the United States; 
‘‘(G) with intent to deceive the Commissioner of 
Social Security as to such person’s true identity (or 
the true identity of any other person), furnishes or 
causes to be furnished false information to the Com-
missioner with respect to any information required
by the Commissioner in connection with the estab-
lishment and maintenance of the records provided 
for in section 205(c)(2); 
‘‘(H) without lawful authority, offers, for a fee, 
to acquire for any individual, or to assist in acquir-
ing for any individual, an additional social security 
account number or a number which purports to be 
a social security account number; 
‘‘(I) with intent to deceive, discloses, sells, or 
transfers his own social security account number, as-
signed to him by the Commissioner of Social Secu-
rity under section 205(c)(2)(B), to any person; 
‘‘(J) willfully acts or fails to act so as to cause 
a violation of section 205(c)(2)(C)(xii); 
‘‘(K) being an officer or employee of any execu-
tive, legislative, or judicial agency or instrumentality 
of the Federal Government or of a State or political 
subdivision thereof (or a person acting as an agent 
of such an agency or instrumentality) (or an officer 
or employee thereof or a person acting as an agent 
thereof), in possession of any individual’s social se-
curity account number, willfully acts or fails to act 
so as to cause a violation of clause (vi)(II), (x), (xi), 
(xii), (xiii), or (xiv) of section 205(c)(2)(C);
‘‘(L) being a trustee appointed in a case under 
title 11, United States Code (or an officer or em-
ployee thereof or a person acting as an agent there-
of), willfully acts or fails to act so as to cause a vio-
lation of clause (x) or (xi) of section 205(c)(2)(C); 
‘‘(M) violates section 208A (relating to prohibi-
tion of the sale, purchase, or display of the social se-
curity account number in the private sector); or 
‘‘(N) violates section 208B (relating to fraud by 
social security administration employees); 
shall be subject to, in addition to any other penalties that 
may be prescribed by law, a civil money penalty of not 
more than $5,000 for each violation. Such person shall 
also be subject to an assessment, in lieu of damages sus-
tained by the United States resulting from such violation, 
of not more than twice the amount of any benefits or pay-
ments paid as a result of such violation.’’. 
(b) EFFECTIVE DATES.—The amendments made by 
this section shall apply with respect to violations com-
mitted after the date of the enactment of this Act, except 
that subparagraphs (J), (K), and (L) of section 
1129(a)(3) of the Social Security Act (added by subsection 
(a)) shall apply with respect to violations occurring on or 
after the effective date provided in connection with such 
violations under title I.
SEC. 303. CRIMINAL PENALTIES FOR EMPLOYEES OF THE 
SOCIAL 
SECURITY 
ADMINISTRATION 
WHO 
KNOWINGLY AND FRAUDULENTLY ISSUE SO-
CIAL SECURITY CARDS OR SOCIAL SECURITY 
ACCOUNT NUMBERS. 
(a) IN GENERAL.—Title II of the Social Security Act 
(as amended by the preceding provisions of this Act) is 
amended further by inserting after section 208A the fol-
lowing new section: 
‘‘FRAUD BY SOCIAL SECURITY ADMINISTRATION 
EMPLOYEES 
‘‘SEC. 208B. (a) Whoever is an employee of the So-
cial Security Administration and knowingly and fraudu-
lently sells or transfers one or more social security account 
numbers or social security cards shall be guilty of a felony 
and upon conviction thereof shall be fined under title 18, 
United States Code, imprisoned as provided in subsection 
(b), or both. 
‘‘(b) Imprisonment for a violation described in sub-
section (a) shall be for—
‘‘(1) not less than 1 year and up to 5 years, in 
the case of an employee of the Social Security Ad-
ministration who has fraudulently sold or trans-
ferred not more than 50 social security account 
numbers or social security cards,
‘‘(2) not less than 5 years and up to 10 years, 
in the case of an employee of the Social Security Ad-
ministration who has fraudulently sold or trans-
ferred more than 50, but not more than 100, social 
security account numbers or social security cards, or 
‘‘(3) not less than 10 years and up to 20 years, 
in the case of an employee of the Social Security Ad-
ministration who has fraudulently sold or trans-
ferred more than 100 social security account num-
bers or social security cards. 
‘‘(c) For purposes of this section—
‘‘(1) The term ‘social security employee’ means 
any officer, employee, or contractor of the Social Se-
curity Administration, any employee of such a con-
tractor (including any State employee of a disability 
determination service), or any volunteer providing 
services or assistance in any facility of the Social Se-
curity Administration. 
‘‘(2) The term ‘social security account number’ 
means a social security account number assigned by 
the Commissioner of Social Security under section 
205(c)(2)(B) or another number that has not been 
so assigned but is purported to have been so as-
signed.
‘‘(3) The term ‘social security card’ means a 
card issued by the Commissioner of Social Security 
under section 205(c)(2)(G), another card which has 
not been so issued but is purported to have been so 
issued, and banknote paper of the type described in 
section 205(c)(2)(G) prepared for the entry of social 
security account numbers, whether fully completed 
or not. 
‘‘(c) Any employee of the Social Security Administra-
tion who attempts or conspires to commit any violation 
of this section shall be subject to the same penalties as 
those prescribed for the violation the commission of which 
was the object of the attempt or conspiracy.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to violations occurring 
on or after the date of the enactment of this Act. 
SEC. 304. ENHANCED PENALTIES IN CASES OF TERRORISM, 
DRUG TRAFFICKING, CRIMES OF VIOLENCE, 
OR PRIOR OFFENSES. 
(a) AMENDMENTS TO TITLE II.—Section 208 of the 
Social Security Act (42 U.S.C. 408) is amended—
(1) in subsection (a), by striking ‘‘shall be 
fined’’ and all that follows and inserting the fol-
lowing: ‘‘shall be fined, imprisoned, or both, as pro-
vided in subsection (b).’’;