cumstances as may be specified in regulations issued as 
provided in subparagraph (I) of this paragraph. 
‘‘(IX) This clause does not apply with respect to a 
social security account number of a deceased individual. 
‘‘(X) 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. Such term does not include the submission 
of such number as part of the administration of, or provi-
sion of benefits under, an employee benefit plan. 
‘‘(XI) For purposes of this clause, the term ‘display 
to the general public’ shall have the meaning provided 
such term in section 208A(a)(3)(A). In any case in which 
an agency, instrumentality, trustee, or agent referred to 
in subclause (I) requires transmittal to such agency, in-
strumentality, trustee, or agent of an individual’s social 
security account number by means of the Internet without 
reasonable provisions to ensure that such number is 
encrypted or otherwise appropriately secured from disclo-
sure, any such transmittal of such number as so required 
shall be treated, for purposes of this clause, as a ‘display 
to the general public’ of such number by such agency, in-
strumentality, trustee, or agent for purposes of this clause. 
‘‘(XII) For purposes of this clause, the term social 
security account number includes any derivative of such
number. Notwithstanding the preceding sentence, any ex-
pression, contained in or on any item sold or displayed 
to the general public, shall not be treated as a social secu-
rity account number solely because such expression sets 
forth not more than the last 4 digits of such number if 
the remainder of such number cannot be determined based 
solely on such expression or any other matter presented 
in such material. 
‘‘(XIII) Nothing in this clause shall be construed to 
supersede, alter, or affect any restriction or limitation on 
the sale or display to the general public of social security 
account numbers, provided in any Federal statute, regula-
tion, order, or interpretation, if the restriction or limita-
tion is greater than that provided under this clause, as 
determined under applicable regulations issued by the 
Commissioner of Social Security or by the Attorney Gen-
eral of the United States or another agency or instrumen-
tality of the United States as provided in subparagraph 
(I) of this paragraph.’’. 
(b) EFFECTIVE DATE AND RELATED RULES.— 
(1) IN GENERAL.—Initial final regulations pre-
scribed to carry out the provisions of section 
205(c)(2)(C)(x) of the Social Security Act (added by 
this section) shall be issued not later than the last 
date of the 18th calendar month following the date
of the enactment of this Act. Such provisions shall 
take effect, with respect to matters governed by such 
regulations issued by the Commissioner of Social Se-
curity, or (pursuant to section 205(c)(2)(I) of such 
Act (added by section 102)) by the Attorney General 
of the United States or any other agency or instru-
mentality of the United States, 1 year after the date 
of the issuance of such regulations by the Commis-
sioner, the Attorney General, or such other agency 
or instrumentality, respectively. 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. Such provisions 
shall not apply with respect to any display of a 
record (containing a social security account number 
(or any derivative thereof)) generated prior to the 
close of such 1-year period. 
(2) SUNSET OF EXCEPTION.—The last sentence 
of subclause (XII) of section 205(c)(2)(C)(x) of the 
Social Security Act (added by this section) shall 
cease to be effective with respect to sales, purchases, 
or displays to the general public occurring after 6 
years after the 18th calendar month referred to in 
paragraph (1).
SEC. 102. REGULATORY AUTHORITY. 
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) The Attorney General of the United States 
shall prescribe regulations to carry out the provisions of 
subclauses (III) and (VIII) of subparagraph (C)(x) of this 
paragraph, subparagraphs (A) and (B) of section 
208A(b)(2), 
section 
208A(b)(3)(B), 
and 
section 
208A(c)(2). In issuing such regulations, the Attorney Gen-
eral shall consult with the Commissioner of Social Secu-
rity, the Secretary 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 Ad-
ministration, the Securities and Exchange Commission, 
State attorneys general, and such representatives of the 
State insurance commissioners as may be designated by 
the National Association of Insurance Commissioners. 
Any agency or instrumentality of the United States may 
exercise the authority of the Attorney General under this 
subparagraph, with respect to matters otherwise subject 
to regulation by such agency or instrumentality, to the ex-
tent determined appropriate in regulations of the Attorney 
General.
‘‘(ii) In issuing the regulations described in clause (i) 
pursuant to the provisions of subparagraph (C)(x)(III), 
paragraph (A) or (B) of section 208A(b)(2), or section 
208A(c)(2) (relating to law enforcement and national se-
curity), the Attorney General may authorize the sale or 
purchase of Social Security account numbers only if the 
Attorney General determines that— 
‘‘(I) such sale or purchase would serve a com-
pelling public interest that cannot reasonably be 
served through alternative measures, and 
‘‘(II) 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 
Attorney General imposes on the sale, purchase, or 
disclosure). 
‘‘(iii) In issuing the regulations described in clause 
(i) 
pursuant 
to 
the 
provisions 
of 
subparagraph 
(C)(x)(VIII) of this paragraph or section 208A(b)(3)(B), 
the Attorney General may authorize the sale, purchase, 
or display to the general public of social security account 
numbers only after considering, among other relevant fac-
tors— 
‘‘(I) the associated cost or burden to the gen-
eral public, businesses, commercial enterprises, non-
profit organizations, and Federal, State, and local 
governments; and 
‘‘(II) the associated benefit to the general pub-
lic, businesses, commercial enterprises, non-profit as-
sociations, and Federal, State, and local govern-
ments. 
‘‘(iv) If, after considering the factors in clause (iii), 
the Attorney General authorizes, in regulations referred 
to in clause (iii), the sale, purchase, or display to the gen-
eral public of social security account numbers, the Attor-
ney General shall impose restrictions and conditions 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, deceptions, or crime, and 
‘‘(II) to prevent an unreasonable risk of identity 
theft or bodily, emotional, or financial harm to any 
individual, considering the nature, likelihood, and se-
verity of the anticipated harm that could result from 
the sale, purchase, or display to the general public 
of social security account numbers, together with the 
nature, likelihood, and extent of any benefits that 
could be realized.
‘‘(v) In the issuance of regulations pursuant to this 
subparagraph, notice shall be provided as described in 
paragraphs (1), (2), and (3) of section 553(b) of title 5, 
United States Code, and opportunity to participate in the 
rule making shall be provided in accordance with section 
553(c) of such title. 
‘‘(vi) Each agency and instrumentality exercising au-
thority to issue regulations under this subparagraph shall 
consult and coordinate with the other such agencies and 
instrumentalities for the purposes of assuring, to the ex-
tent possible, that the regulations prescribed by each such 
agency or instrumentality are consistent and comparable, 
as appropriate, with the regulations prescribed by the 
other such agencies and instrumentalities. The Attorney 
General shall undertake to facilitate such consultation and 
coordination. 
‘‘(vii) For purposes of this subparagraph, the terms 
‘sell’, ‘purchase’, and ‘display to the general public’ shall 
have the meanings provided such terms under subpara-
graph (C)(x) of this paragraph or under section 208A(a), 
as applicable. 
‘‘(viii) For purposes of this subparagraph, subpara-
graph (C)(x)(XI) shall apply.’’.