I 
109TH CONGRESS 
1ST SESSION H. R. 1745 
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 
APRIL 20, 2005 
Mr. SHAW (for himself, Mr. RANGEL, Mr. SAM JOHNSON of Texas, Mr. 
LEVIN, Mr. ENGLISH of Pennsylvania, Mr. CARDIN, Mr. LEWIS of Ken-
tucky, Mr. LEWIS of Georgia, Mr. FOLEY, Mr. JEFFERSON, Mr. BRADY 
of Texas, Mr. BECERRA, Mr. REYNOLDS, Ms. HART, Mr. WOLF, Ms. 
KAPTUR, Mr. SAXTON, Mr. DUNCAN, Ms. ROS-LEHTINEN, Mr. KOLBE, 
Mr. BROWN of Ohio, Mr. FARR, Mr. FILNER, Mr. HINCHEY, Mr. 
CUMMINGS, Mr. HASTINGS of Washington, Mrs. CAPPS, Mr. FORBES, 
Mr. MILLER of Florida, and Mr. SULLIVAN) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committees on Financial Services and Energy and Commerce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee 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 2005’’. 
(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. 
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 personal identification numbers on gov-
ernment employee identification cards or tags. 
Sec. 105. Prohibition of inmate access to social security account numbers. 
Sec. 106. Measures to preclude unauthorized disclosure of social security ac-
count numbers and protect the confidentiality of such numbers. 
Sec. 107. Prohibition of the sale, purchase, and 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—STUDIES RELATING TO THE INTEGRITY OF APPLICA-
TIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS AND SOCIAL 
SECURITY CARDS 
Sec. 201. Study relating to use of photographic identification in connection with 
applications for benefits, social security account numbers, and 
social security cards. 
Sec. 202. 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 a trustee appointed 
in a case under title 11, United States Code (or person 
acting as an agent of such an agency or instrumentality 
or trustee) may not sell or display to the general public 
any social security account number if such number has 
been disclosed to such agency, instrumentality, trustee, or 
agent pursuant to the assertion by such an agency, instru-
mentality, trustee, or agent to any person that disclosure 
of such number is mandatory. Notwithstanding the pre-
ceding sentence, such number may be sold or displayed 
to the general public in accordance with the exceptions
specified in subclauses (II), (III), (IV), (V), (VI), (VII), 
and (VIII) (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 by an agency, instrumen-
tality, trustee, or agent referred to in subclause (I) to the 
extent that is necessary or appropriate for law enforce-
ment or national security purposes, as determined under 
regulations which shall be issued as provided in subpara-
graph (I) of this paragraph. 
‘‘(IV) 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 required to comply with a tax law 
of the United States or of any State (or political subdivi-
sion thereof). 
‘‘(V) 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. 
‘‘(VI) 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 
defined in section 603(f) of the Fair Credit Reporting Act 
(15 U.S.C. 1681a(f))) for use or disclosure solely for per-
missible purposes described in section 604(a) of such Act 
(15 U.S.C. 1681b(a)). 
‘‘(VII) Notwithstanding subclause (I), a social secu-
rity account number may be sold by an agency, instrumen-
tality, trustee, or agent referred to in subclause (I) to the 
extent necessary for research (other than market research) 
conducted by any agency or instrumentality referred to in 
subclause (I) (or an agent of such an agency or instrumen-
tality) for the purpose of advancing the public good, on 
the condition that the researcher provides adequate assur-
ances that the social security account numbers will not 
be used to harass, target, or publicly reveal information 
concerning any identifiable individuals, that information 
about identifiable individuals obtained from the research 
will not be used to make decisions that directly affect the 
rights, benefits, or privileges of specific individuals, and 
that the researcher has in place appropriate safeguards
to protect the privacy and confidentiality of any informa-
tion about identifiable individuals, including procedures to 
ensure that the social security account numbers will be 
encrypted or otherwise appropriately secured from unau-
thorized disclosure. In the case of social security account 
numbers which constitute personally identifiable medical 
information, the Commissioner of Social Security, with re-
spect to medical research referred to in the preceding sen-
tence, and the Attorney General of the United States, with 
respect to any medical research not referred to in the pre-
ceding sentence but which is treated in regulations of the 
Attorney General issued pursuant to subclause (VIII), 
shall maintain ongoing consultation with the Office for 
Civil Rights of the Department of Health and Human 
Services to ensure that the sale or purchase of such social 
security account numbers is permitted only in compliance 
with existing Federal rules and regulations prescribed by 
the Secretary of Health and Human Services pursuant to 
section 264(c) of the Health Insurance Portability and Ac-
countability Act of 1996 (110 Stat. 2033). 
‘‘(VIII) 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) under such other cir-