SEC. 2. CONFIDENTIAL TREATMENT OF CREDIT HEADER
INFORMATION.
Section 603(d) of the Fair Credit Reporting Act (15
U.S.C. 1681a(d)) is amended by inserting after the first
sentence the following: ‘‘The term also includes any other
identifying information of the consumer, except the name,
address, and telephone number of the consumer if listed
in a residential telephone directory available in the locality
of the consumer.’’.
SEC. 3. PROTECTING PRIVACY BY PROHIBITING USE OF
THE SOCIAL SECURITY NUMBER FOR COM-
MERCIAL PURPOSES WITHOUT CONSENT.
(a) IN GENERAL.—Part A of title XI of the Social
Security Act (42 U.S.C. 1301 et seq.) is amended by add-
ing at the end the following:
‘‘PROHIBITION OF CERTAIN MISUSES OF THE SOCIAL
SECURITY ACCOUNT NUMBER
‘‘SEC. 1146. (a) PROHIBITION OF COMMERCIAL AC-
QUISITION OR DISTRIBUTION.—No person may buy, sell,
offer for sale, take or give in exchange, or pledge or give
in pledge any information for the purpose, in whole or in
part, of conveying by means of such information any indi-
vidual’s social security account number, or any derivative
of such number, without the written consent of such indi-
vidual.
‘‘(b) PROHIBITION OF USE AS PERSONAL IDENTI-
FICATION NUMBER.—No person may utilize any individ-
ual’s social security account number, or any derivative of
such number, for purposes of identification of such indi-
vidual without the written consent of such individual.
‘‘(c) PREREQUISITES FOR CONSENT.—In order for
consent to exist under subsection (a) or (b), the person
engaged in, or seeking to engage in, an activity described
in such subsection shall—
‘‘(1) inform the individual of all the purposes
for which the number will be utilized and the per-
sons to whom the number will be known; and
‘‘(2) obtain affirmatively expressed consent in
writing.
‘‘(d) EXCEPTIONS.—Nothing in this section shall be
construed to prohibit any use of social security account
numbers permitted or required under section 205(c)(2) of
this Act, section 7(a)(2) of the Privacy Act of 1974 (5
U.S.C. 552a note; 88 Stat. 1909), or section 6109(d) of
the Internal Revenue Code of 1986.
‘‘(e) CIVIL ACTION IN UNITED STATES DISTRICT
COURT; DAMAGES; ATTORNEYS FEES AND COSTS; NON-
EXCLUSIVE NATURE OF REMEDY.—
‘‘(1) IN
GENERAL.—Any individual aggrieved
by any act of any person in violation of this section
may bring a civil action in a United States district
court to recover—
‘‘(A) such preliminary and equitable relief
as the court determines to be appropriate; and
‘‘(B) the greater of—
‘‘(i) actual damages; and
‘‘(ii) liquidated damages of $25,000
or, in the case of a violation that was will-
ful and resulted in profit or monetary gain,
$50,000.
‘‘(2) ATTORNEY’S
FEES
AND
COSTS.—In the
case of a civil action brought under paragraph (1)
in which the aggrieved individual has substantially
prevailed, the court may assess against the respond-
ent a reasonable attorney’s fee and other litigation
costs and expenses (including expert fees) reasonably
incurred.
‘‘(3) STATUTE
OF
LIMITATIONS.—No action
may be commenced under this subsection more than
3 years after the date on which the violation was or
should reasonably have been discovered by the ag-
grieved individual.
‘‘(4) NONEXCLUSIVE
REMEDY.—The remedy
provided under this subsection shall be in addition to
any other lawful remedy available to the individual.
‘‘(f) CIVIL MONEY PENALTIES.—
‘‘(1) IN GENERAL.—Any person who the Com-
missioner of Social Security determines has violated
this section shall be subject, in addition to any other
penalties that may be prescribed by law, to—
‘‘(A) a civil money penalty of not more
than $25,000 for each such violation, and
‘‘(B) a civil money penalty of not more
than $500,000, if violations have occurred with
such frequency as to constitute a general busi-
ness practice.
‘‘(2) DETERMINATION
OF
VIOLATIONS.—Any
violation committed contemporaneously with respect
to the social security account numbers of 2 or more
individuals by means of mail, telecommunication, or
otherwise shall be treated as a separate violation
with respect to each such individual.
‘‘(3) ENFORCEMENT PROCEDURES.—The provi-
sions of section 1128A (other than subsections (a),
(b), (f), (h), (i), (j), and (m), and the first sentence
of subsection (c)) and the provisions of subsections
(d) and (e) of section 205 shall apply to civil money
penalties under this subsection in the same manner
as such provisions apply to a penalty or proceeding
under section 1128A(a), except that, for purposes of
this paragraph, any reference in section 1128A to
the Secretary shall be deemed a reference to the
Commissioner of Social Security.
‘‘(g) REGULATION BY STATES.—Nothing in this sec-
tion shall be construed to prohibit any State authority
from enacting or enforcing laws consistent with this sec-
tion for the protection of privacy.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section applies with respect to violations occurring on
and after the date which is 2 years after the date of enact-
ment of this Act.
SEC. 4. RESTRICTION ON USE OF SOCIAL SECURITY NUM-
BERS BY STATE DEPARTMENTS OF MOTOR
VEHICLES.
(a) RESTRICTION ON GOVERNMENTAL USE.—Section
2721(b)(1) of title 18, United States Code, is amended
by striking ‘‘its functions.’’ and inserting ‘‘its functions,
but in the case of social security numbers, only to the ex-
tent permitted or required under section 205(c)(2) of the
Social Security Act (42 U.S.C. 405(c)(2)), section 7(a)(2)
of the Privacy Act of 1974 (5 U.S.C. 552a note, 88 Stat.
1909), section 6109(d) of the Internal Revenue Code of
1986, or any other provision of law specifically identifying
such use.’’.
(b) PROHIBITION OF USE BY MARKETING COMPA-
NIES.—Section 2721(b)(12) of title 18, United States
Code, is amended by striking ‘‘For’’ and inserting ‘‘Except
in the case of social security numbers, for’’.
Æ