should apply to the records listed in paragraph (2), 
the Attorney General shall consider the following: 
‘‘(A) The cost or burden to the general 
public, businesses, commercial enterprises, non- 
profit organizations, and to Federal, State, and 
local governments of complying with section 
1028B. 
‘‘(B) The benefit to the general public, 
businesses, commercial enterprises, non-profit 
organizations, and to Federal, State, and local 
governments if the Attorney General were to 
determine that section 1028B should apply to 
such records.’’. 
(2) CONFORMING
AMENDMENT.—The chapter 
analysis for chapter 47 of title 18, United States 
Code (as amended by section 3(a)(2)), is amended 
by inserting after the item relating to section 1028B 
the following: 
‘‘1028C. Display, sale, or purchase of public records containing Social Security 
numbers.’’. 
(b) STUDY AND REPORT ON SOCIAL SECURITY NUM-
BERS IN PUBLIC RECORDS.— 
(1) STUDY.—The Comptroller General of the 
United States shall conduct a study and prepare a 
report on Social Security numbers in public records. 
In developing the report, the Comptroller General 
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shall consult with the Administrative Office of the 
United States Courts, State and local governments 
that store, maintain, or disseminate public records, 
and other stakeholders, including members of the 
private sector who routinely use public records that 
contain Social Security numbers. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller Gen-
eral of the United States shall submit to Congress 
a report on the study conducted under paragraph 
(1). The report shall include a detailed description 
of the activities and results of the study and rec-
ommendations for such legislative action as the 
Comptroller General considers appropriate. The re-
port, at a minimum, shall include— 
(A) a review of the uses of Social Security 
numbers in non-Federal public records; 
(B) a review of the manner in which public 
records are stored (with separate reviews for 
both paper records and electronic records); 
(C) a review of the advantages or utility of 
public records that contain Social Security 
numbers, including the utility for law enforce-
ment, and for the promotion of homeland secu-
rity; 
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(D) a review of the disadvantages or draw-
backs of public records that contain Social Se-
curity numbers, including criminal activity, 
compromised personal privacy, or threats to 
homeland security; 
(E) the costs and benefits for State and 
local governments of removing Social Security 
numbers from public records, including a review 
of current technologies and procedures for re-
moving Social Security numbers from public 
records; and 
(F) an assessment of the benefits and 
costs to businesses, their customers, and the 
general public of prohibiting the display of So-
cial Security numbers on public records (with 
separate assessments for both paper records 
and electronic records). 
(c) EFFECTIVE DATE.—The prohibition with respect 
to electronic versions of new classes of public records 
under section 1028C(b) of title 18, United States Code 
(as added by subsection (a)(1)) shall not take effect until 
the date that is 60 days after the date of enactment of 
this Act. 
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SEC. 5. RULEMAKING AUTHORITY OF THE ATTORNEY GEN-
ERAL. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the Attorney General may prescribe such rules and 
regulations as the Attorney General deems necessary to 
carry out the provisions of section 1028B(e)(5) of title 18, 
United States Code (as added by section 3(a)(1)). 
(b) DISPLAY, SALE, OR PURCHASE RULEMAKING 
WITH
RESPECT
TO
INTERACTIONS
BETWEEN
BUSI-
NESSES, GOVERNMENTS, OR BUSINESS
AND GOVERN-
MENT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Attorney Gen-
eral, in consultation with the Commissioner of Social 
Security, the Chairman of the Federal Trade Com-
mission, and such other heads of Federal agencies as 
the Attorney General determines appropriate, shall 
conduct such rulemaking procedures in accordance 
with subchapter II of chapter 5 of title 5, United 
States Code, as are necessary to promulgate regula-
tions to implement and clarify the uses occurring as 
a result of an interaction between businesses, gov-
ernments, or business and government (regardless of 
which entity initiates the interaction) permitted 
under section 1028B(e)(5) of title 18, United States 
Code (as added by section 3(a)(1)). 
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(2) FACTORS TO BE CONSIDERED.—In promul-
gating the regulations required under paragraph (1), 
the Attorney General shall, at a minimum, consider 
the following: 
(A) The benefit to a particular business, to 
customers of the business, and to the general 
public of the display, sale, or purchase of an in-
dividual’s Social Security number. 
(B) The costs that businesses, customers 
of businesses, and the general public may incur 
as a result of prohibitions on the display, sale, 
or purchase of Social Security numbers. 
(C) The risk that a particular business 
practice will promote the use of a Social Secu-
rity number to commit fraud, deception, or 
crime. 
(D) The presence of adequate safeguards, 
procedures, and technologies to prevent— 
(i) misuse of Social Security numbers 
by employees within a business; and 
(ii) misappropriation of Social Secu-
rity numbers by the general public, while 
permitting internal business uses of such 
numbers. 
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