person having in such person’s records the social security 
account number of any individual other than such person 
shall, to the extent that such records are maintained for 
the conduct of such person’s trade or business— 
‘‘(1) ensure that no officer or employee thereof 
has access to such number for any purpose other 
than as necessary for the conduct of such person’s 
trade or business, 
‘‘(2) restrict, in accordance with regulations of 
the Commissioner, access to social security account 
numbers obtained thereby to officers and employees 
thereof whose duties or responsibilities require ac-
cess for the conduct of such person’s trade or busi-
ness, and 
‘‘(3) provide such safeguards as may be speci-
fied, in regulations of the Commissioner, to be nec-
essary or appropriate to preclude unauthorized ac-
cess to the social security account number and to 
otherwise protect the confidentiality of such number. 
‘‘(g) DECEASED INDIVIDUALS.—This section does 
not apply with respect to the social security account num-
ber of a deceased individual. 
‘‘(h) CRIMINAL PENALTY.—Any person who violates 
this section shall be guilty of a felony and upon conviction 
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thereof shall be fined under title 18, United States Code, 
or imprisoned for not more than 5 years, or both. 
‘‘(i) APPLICABILITY
OF OTHER PROTECTIONS.— 
Nothing in this section shall be construed to supersede, 
alter, or affect any restriction or limitation on the sale, 
purchase, display to the general public, or other disclosure 
of social security account numbers, provided in any Fed-
eral statute, regulation, order, or interpretation, if the re-
striction or limitation is greater than that provided under 
this section, as determined under applicable regulations 
issued by the Commissioner of Social Security or by an-
other agency or instrumentality of the United States as 
provided in subsection (j). 
‘‘(j) REGULATIONS.—(1) In issuing regulations to 
carry out the provisions of subparagraphs (A) and (B) of 
subsection (b)(2), subsection (b)(3)(B), and subsection 
(c)(2), the Commissioner of Social Security shall consult 
with the Attorney General of the United States, the Sec-
retary of Health and Human Services, the Secretary of 
Homeland Security, the Secretary of the Treasury, the 
Federal Trade Commission, the Federal banking agencies 
(as defined in section 3 of the Federal Deposit Insurance 
Act), the National Credit Union Administration, the Secu-
rities and Exchange Commission, State attorneys general, 
and such representatives of the State insurance commis-
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sioners as may be designated by the National Association 
of Insurance Commissioners. Any agency or instrumen-
tality of the United States may exercise the authority of 
the Commissioner to issue such regulations, with respect 
to matters otherwise subject to regulation by such agency 
or instrumentality, to the extent determined appropriate 
in regulations of the Commissioner. 
‘‘(2) In issuing the regulations described in para-
graph (1) pursuant to the provisions of subparagraph (A) 
or (B) of (b)(2) or subsection (c)(2) (relating to law en-
forcement and national security), the Commissioner may 
authorize the sale or purchase of social security account 
numbers only if the Commissioner determines that— 
‘‘(A) such sale or purchase would serve a com-
pelling public interest that cannot reasonably be 
served through alternative measures, and 
‘‘(B) such sale or purchase will not pose an un-
reasonable risk of identity theft, or bodily, emo-
tional, or financial harm to an individual (taking 
into account any restrictions and conditions that the 
Commissioner imposes on the sale, purchase, or dis-
closure). 
‘‘(3) In issuing the regulations described in para-
graph (1) pursuant to the provisions of subsection 
(b)(3)(B), the Commissioner may authorize the sale, pur-
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