I 
109TH CONGRESS 
1ST SESSION H. R. 1078 
To strengthen the authority of the Federal Government to protect individuals 
from certain acts and practices in the sale and purchase of Social 
Security numbers and Social Security account numbers, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2005 
Mr. MARKEY (for himself, Mr. EMANUEL, Mrs. CAPPS, Mr. GEORGE MILLER 
of California, Mr. MCNULTY, and Mr. SANDERS) introduced the following 
bill; which was referred to the Committee on Energy and Commerce, and 
in addition to the Committee on Ways and Means, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To strengthen the authority of the Federal Government to 
protect individuals from certain acts and practices in 
the sale and purchase of Social Security numbers and 
Social Security account numbers, 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. 
This Act may be cited as the ‘‘Social Security Num-
ber Protection Act of 2005’’.
SEC. 2. FINDINGS. 
The Congress makes the following findings: 
(1) The inappropriate sale or purchase of Social 
Security numbers is a significant factor in a growing 
range of illegal activities, including fraud, identity 
theft, and, in some cases, stalking and other violent 
crimes. 
(2) While financial institutions, health care pro-
viders, and other entities have often used Social Se-
curity numbers to confirm the identity of an indi-
vidual, the sale or purchase of these numbers often 
facilitates the commission of criminal activities, and 
also can result in serious invasions of individual pri-
vacy. 
(3) The Federal Government requires virtually 
every individual in the United States to obtain and 
maintain a Social Security number in order to pay 
taxes, to qualify for Social Security benefits, or to 
seek employment. An unintended consequence of 
these requirements is that Social Security numbers 
have become tools that can be used to facilitate 
crime, fraud, and invasions of the privacy of the in-
dividuals to whom the numbers are assigned. Be-
cause the Federal Government created and main-
tains this system, and because the Federal Govern-
ment does not permit persons to exempt themselves
from those requirements, it is appropriate for the 
Government to take steps to stem the abuse of this 
system. 
(4) A Social Security number is simply a se-
quence of numbers. In no meaningful sense can the 
number itself impart knowledge or ideas. Persons do 
not sell or transfer such numbers in order to convey 
any particularized message, nor to express to the 
purchaser any ideas, knowledge, or thoughts. 
(5) A Social Security number does not contain, 
reflect, or convey any publicly significant informa-
tion or concern any public issue. The sale of such 
numbers in no way facilitates uninhibited, robust 
and wide-open public debate; and restrictions on 
such sale would not affect public debate. 
(6) No one should seek to profit from the sale 
of Social Security numbers in circumstances that 
create a substantial risk of physical, emotional, or fi-
nancial harm to the individuals to whom those num-
bers are assigned. 
(7) Consequently, Congress should enact legis-
lation that will offer individuals assigned such num-
bers necessary protection from the sale and purchase 
of Social Security numbers in circumstances that
might facilitate unlawful conduct or that might oth-
erwise likely result in unfair and deceptive practices. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) PERSON.—The term ‘‘person’’ means any 
individual, partnership, corporation, trust, estate, co-
operative, association, or any other entity. 
(3) SALE.—The term ‘‘sale’’ means obtaining, 
directly or indirectly, anything of value in exchange 
for a Social Security number or Social Security ac-
count number. Such term does not include the sub-
mission of such numbers as part of the process for 
applying for any type of Government benefit or pro-
grams (such as grant or loan applications or welfare 
or other public assistance programs). Such term also 
does not include transfers of such numbers as part 
of a data matching program under the Computer 
Matching and Privacy Protection Act. 
(4) PURCHASE.—The term ‘‘purchase’’ means 
providing directly or indirectly, anything of value in 
exchange for a Social Security number or Social Se-
curity account number. Such term does not include 
the submission of such numbers as part of the proc-