shall be subject to, in addition to any other penalties that 
may be prescribed by law, a civil money penalty of not 
more than $5,000 for each violation. Such person shall 
also be subject to an assessment, in lieu of damages sus-
tained by the United States resulting from such violation, 
of not more than twice the amount of any benefits or pay-
ments paid as a result of such violation.’’. 
(b) EFFECTIVE DATES.—The amendments made by 
this section shall apply with respect to violations com-
mitted after the date of the enactment of this Act, except 
that subparagraphs (J), (K), (L), and (M) of section 
1129(a)(3) of the Social Security Act (added by subsection 
(a)) shall apply with respect to violations of the provisions 
of clause (x), (xi), (xii), (xiii), (xiv), or (xv) of section 
205(c)(2)(C) or section 208A occurring on or after the 
applicable effective date provided in connection with such 
provisions under section 2, 3, 4, 5, 6, 7, or 8 of this Act. 
SEC. 11. CRIMINAL PENALTIES FOR EMPLOYEES OF THE 
SOCIAL 
SECURITY 
ADMINISTRATION 
WHO 
KNOWINGLY AND FRAUDULENTLY ISSUE SO-
CIAL SECURITY CARDS OR SOCIAL SECURITY 
ACCOUNT NUMBERS. 
(a) IN GENERAL.—Section 208 of the Social Security 
Act (as amended by section 9) is amended further by add-
ing at the end the following new subsection: 
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‘‘(g)(1) Whoever is an employee of the Social Security 
Administration and knowingly and fraudulently sells or 
transfers one or more social security account numbers or 
social security cards shall be guilty of a felony and upon 
conviction thereof shall be fined under title 18, United 
States Code, imprisoned as provided in paragraph (2), or 
both. 
‘‘(2) Imprisonment for a violation described in para-
graph (1) shall be for— 
‘‘(A) not more than 5 years, in the case of an 
employee of the Social Security Administration who 
has fraudulently sold or transferred not more than 
50 social security account numbers or social security 
cards, 
‘‘(B) not more than 10 years, in the case of an 
employee of the Social Security Administration who 
has fraudulently sold or transferred more than 50, 
but not more than 100, social security account num-
bers or social security cards, or 
‘‘(C) not more than 20 years, in the case of an 
employee of the Social Security Administration who 
has fraudulently sold or transferred more than 100 
social security account numbers or social security 
cards. 
‘‘(3) For purposes of this subsection— 
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‘‘(A) The term ‘social security employee’ means 
any State employee of a State disability determina-
tion service, any officer, employee, or contractor of 
the Social Security Administration, any employee of 
such a contractor, or any volunteer providing serv-
ices or assistance in any facility of the Social Secu-
rity Administration. 
‘‘(B) The term ‘social security account number’ 
means a social security account number assigned by 
the Commissioner of Social Security under section 
205(c)(2)(B) or another number that has not been 
so assigned but is purported to have been so as-
signed. 
‘‘(C) The term ‘social security card’ means a 
card issued by the Commissioner of Social Security 
under section 205(c)(2)(G), another card which has 
not been so issued but is purported to have been so 
issued, and banknote paper of the type described in 
section 205(c)(2)(G) prepared for the entry of social 
security account numbers, whether fully completed 
or not. 
‘‘(4) Any employee of the Social Security Administra-
tion who attempts or conspires to commit any violation 
of this subsection shall be subject to the same penalties 
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as those prescribed for the violation the commission of 
which was the object of the attempt or conspiracy.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to violations occurring 
on or after the date of the enactment of this Act. 
SEC. 12. ENHANCED PENALTIES IN CASES OF TERRORISM, 
DRUG TRAFFICKING, CRIMES OF VIOLENCE, 
OR PRIOR OFFENSES. 
(a) AMENDMENTS TO TITLE II.—Section 208 of the 
Social Security Act (as amended by the preceding provi-
sions of this Act) is amended further— 
(1) in subsection (a), by striking ‘‘shall be 
fined’’ and all that follows and inserting the fol-
lowing: ‘‘shall be fined, imprisoned, or both, as pro-
vided in subsection (c).’’; 
(2) in subsection (b)(2)(B)(ii) (as added by sec-
tion 9), by striking ‘‘shall be fined’’ and all that fol-
lows and inserting the following: ‘‘shall be fined, im-
prisoned, or both, as provided in subsection (c).’’; 
(3) by striking subsection (d); 
(4) by redesignating subsection (c) as sub-
section (d); and 
(5) by inserting after subsection (b) the fol-
lowing new subsection: 
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‘‘(c) A person convicted of a violation described in 
subsection (a) or a violation described in subsection 
(b)(2)(A) which is subject to subsection (b)(2)(B)(ii) shall 
be— 
‘‘(1) fined under title 18, United States Code, 
or imprisoned for not more than 5 years, or both, 
in the case of an initial violation, subject to para-
graphs (3) and (4), 
‘‘(2) fined under title 18, United States Code, 
or imprisoned for not more than 10 years, or both, 
in the case of a violation which occurs after a prior 
conviction for another offense under subsection (a) 
becomes final, subject to paragraphs (3) and (4), 
‘‘(3) fined under title 18, United States Code, 
or imprisoned for not more than 20 years, in the 
case of a violation which is committed to facilitate 
a drug trafficking crime (as defined in section 
929(a)(2) of title 18, United States Code) or in con-
nection with a crime of violence (as defined in sec-
tion 924(c)(3) of title 18, United States Code), sub-
ject to paragraph (4), and 
‘‘(4) fined under title 18, United States Code, 
or imprisoned for not more than 25 years, in the 
case of a violation which is committed to facilitate 
an act of international or domestic terrorism (as de-
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fined in paragraphs (1) and (5), respectively, of sec-
tion 2331 of title 18, United States Code).’’. 
(b) AMENDMENTS TO TITLE VIII.—Section 811 of 
such Act (42 U.S.C. 1011) is amended— 
(1) in subsection (a), by striking ‘‘shall be 
fined’’ and all that follows and inserting ‘‘shall be 
fined, imprisoned, or both, as provided in subsection 
(b).’’; 
(2) by redesignating subsection (b) as sub-
section (c); and 
(3) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) PUNISHMENT.—A person convicted of a viola-
tion described in subsection (a) shall be— 
‘‘(1) fined under title 18, United States Code, 
or imprisoned for not more than 5 years, or both, 
in the case of an initial violation, subject to para-
graphs (3) and (4), 
‘‘(2) fined under title 18, United States Code, 
or imprisoned for not more than 10 years, or both, 
in the case of a violation which occurs after a prior 
conviction for another offense under subsection (a) 
becomes final, subject to paragraphs (3) and (4), 
‘‘(3) fined under title 18, United States Code, 
or imprisoned for not more than 20 years, in the 
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case of a violation which is committed to facilitate 
a drug trafficking crime (as defined in section 
929(a)(2) of title 18, United States Code) or in con-
nection with a crime of violence (as defined in sec-
tion 924(c)(3) of title 18, United States Code), sub-
ject to paragraph (4), and 
‘‘(4) fined under title 18, United States Code, 
or imprisoned for not more than 25 years, in the 
case of a violation which is committed to facilitate 
an act of international or domestic terrorism (as de-
fined in paragraphs (1) and (5), respectively, of sec-
tion 2331 of title 18, United States Code).’’. 
(c) AMENDMENTS TO TITLE XVI.—Section 1632 of 
such Act (42 U.S.C. 1383a) is amended— 
(1) in subsection (a), by striking ‘‘shall be 
fined’’ and all that follows and inserting ‘‘shall be 
fined, imprisoned, or both, as provided in subsection 
(b).’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(3) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) A person convicted of a violation described in 
subsection (a) shall be— 
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‘‘(1) fined under title 18, United States Code, 
or imprisoned for not more than 5 years, or both, 
in the case of an initial violation, subject to para-
graphs (3) and (4), 
‘‘(2) fined under title 18, United States Code, 
or imprisoned for not more than 10 years, or both, 
in the case of a violation which occurs after a prior 
conviction for another offense under subsection (a) 
becomes final, subject to paragraphs (3) and (4), 
‘‘(3) fined under title 18, United States Code, 
or imprisoned for not more than 20 years, in the 
case of a violation which is committed to facilitate 
a drug trafficking crime (as defined in section 
929(a)(2) of title 18, United States Code) or in con-
nection with a crime of violence (as defined in sec-
tion 924(c)(3) of title 18, United States Code), sub-
ject to paragraph (4), and 
‘‘(4) fined under title 18, United States Code, 
or imprisoned for not more than 25 years, in the 
case of a violation which is committed to facilitate 
an act of international or domestic terrorism (as de-
fined in paragraphs (1) and (5), respectively, of sec-
tion 2331 of title 18, United States Code).’’. 
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(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to violations occurring 
after the date of the enactment of this Act. 
SEC. 13. REGULATORY AND ENFORCEMENT AUTHORITY 
WITH RESPECT TO MISUSE OF THE SOCIAL 
SECURITY ACCOUNT NUMBER. 
Title XI of the Social Security Act is amended by 
inserting after section 1129B (42 U.S.C. 1320a–7b) the 
following new section: 
‘‘REGULATORY AND ENFORCEMENT AUTHORITY WITH RE-
SPECT TO MISUSE OF THE SOCIAL SECURITY AC-
COUNT NUMBER 
‘‘SEC. 1129C. (a) REGULATORY AUTHORITY.— 
‘‘(1) IN GENERAL.—The Commissioner of So-
cial Security shall prescribe regulations to carry out 
the provisions of clauses (vi)(II), (x), (xi), (xii), 
(xiii), (xiv), and (xv) of section 205(c)(2)(C) and 
section 208A. Such regulations shall be issued in 
consultation with the Federal Trade Commission, 
the Attorney General of the United States, the Sec-
retary of Homeland Security, the Secretary of 
Health and Human Services, the Secretary of the 
Treasury, the Federal banking agencies (as defined 
in section 3 of the Federal Deposit Insurance Act), 
the National Credit Union Administration, the Secu-
rities and Exchange Commission, State attorneys 
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general, and such representatives of the State insur-
ance commissioners as may be designated by the 
National Association of Insurance Commissioners. 
‘‘(2) TREATMENT OF MATTERS RELATING TO 
LAW ENFORCEMENT AND NATIONAL SECURITY.—In 
issuing the regulations described in paragraph (1) 
with 
respect 
to 
the 
provisions 
of 
205(c)(2)(C)(x)(III), paragraph (A) or (B) of sec-
tion 208A(b)(2), or section 208A(c)(2) (relating to 
law enforcement and national security), the sale or 
purchase of Social Security account numbers may be 
authorized only if the Commissioner (or the agency 
or instrumentality delegated authority to issue such 
regulations under paragraph (5)) determines that— 
‘‘(A) such sale or purchase would serve a 
compelling public interest that cannot reason-
ably be served through alternative measures, 
and 
‘‘(B) such sale or purchase will not pose an 
unreasonable risk of identity theft, or bodily, 
emotional, or financial harm to an individual 
(taking into account any restrictions and condi-
tions that the agency or instrumentality issuing 
the regulations imposes on the sale, purchase, 
or disclosure). 
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‘‘(3) TREATMENT OF OTHER MATTERS IN GEN-
ERAL DISCRETION OF THE COMMISSIONER.— 
‘‘(A) IN GENERAL.—In issuing the regula-
tions described in paragraph (1) with respect to 
the provisions of section 205(c)(2)(C)(x)(VIII) 
or section 208A(b)(3)(B), the sale, purchase, or 
display to the general public of social security 
account numbers may be authorized only after 
considering, among other relevant factors— 
‘‘(i) the extent to which the authoriza-
tion of the sale, purchase, or display of the 
social security account number would serve 
a compelling public interest that cannot 
reasonably be served through alternative 
measures, 
‘‘(ii) the associated cost or burden of 
the authorization to the general public, 
businesses, commercial enterprises, non- 
profit organizations, and Federal, State, 
and local governments; and 
‘‘(iii) the associated benefit of the au-
thorization to the general public, busi-
nesses, commercial enterprises, non-profit 
associations, and Federal, State, and local 
governments. 
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‘‘(B) RESTRICTIONS AND CONDITIONS.—If, 
after considering the factors in subparagraph 
(A), the sale, purchase, or display to the gen-
eral public of social security account numbers is 
authorized under regulations referred to in sub-
paragraph (A), the Commissioner (or the agen-
cy or instrumentality delegated authority to 
issue such regulations under paragraph (5)) 
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 social 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 fi-
nancial harm to any individual, considering 
the nature, likelihood, and severity of the 
anticipated harm that could result from 
the sale, purchase, or display to the gen-
eral public of social security account num-
bers, together with the nature, likelihood, 
and extent of any benefits that could be re-
alized. 
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‘‘(C) 5-YEAR EXPIRATION DATE FOR REGU-
LATIONS.—At the end of the 5-year period be-
ginning on the effective date of any final regu-
lations issued pursuant to this paragraph— 
‘‘(i) such regulations shall expire, and 
‘‘(ii) new regulations may be issued 
pursuant to this paragraph. 
‘‘(4) ADMINISTRATIVE
PROCEDURE.—In the 
issuance of regulations pursuant to this subsection, 
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. 
‘‘(5) DELEGATION TO OTHER AGENCIES.—Any 
agency or instrumentality of the United States may 
exercise the authority of the Commissioner under 
this subsection, with respect to matters otherwise 
subject to regulation by such agency or instrumen-
tality, to the extent determined appropriate in regu-
lations of the Commissioner. 
‘‘(6) CONSULTATION
AND
COORDINATION.— 
Each agency and instrumentality exercising author-
ity to issue regulations under this subsection shall 
consult and coordinate with the other such agencies 
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and instrumentalities for the purposes of assuring, 
to the extent possible, that the regulations pre-
scribed by each such agency or instrumentality are 
consistent and comparable, as appropriate, with the 
regulations prescribed by the other such agencies 
and instrumentalities. The Commissioner shall un-
dertake to facilitate such consultation and coordina-
tion. 
‘‘(7) DEFINITIONS AND SPECIAL RULES.— 
‘‘(A) For purposes of this subsection, the 
terms ‘sell’, ‘purchase’, and ‘display to the gen-
eral public’ shall have the meanings provided 
such terms under section 205(c)(2)(C)(x) or 
section 208A(a), as applicable. 
‘‘(B) For purposes of this subsection, sec-
tion 205(c)(2)(C)(x)(XI) shall apply. 
‘‘(b) COORDINATION
OF
ENFORCEMENT
WITH 
OTHER AGENCIES.—The Commissioner may provide, by 
regulation, for enforcement by any other agency or instru-
mentality of the United States of the provisions of section 
208A and regulations prescribed pursuant to subsection 
(a)(1) with respect to section 208A. 
‘‘(c) ACTIONS BY STATES WITH RESPECT TO MISUSE 
IN PRIVATE SECTOR OR BY STATE AND LOCAL GOVERN-
MENTS.— 
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‘‘(1) CIVIL ACTIONS.—In any case in which the 
attorney general of a State (as defined in section 
205(c)(2)(C)(x)(X)) has reason to believe that an in-
terest of the residents of that State has been or is 
threatened or adversely affected by an act or prac-
tice described in paragraph (2), the State, as parens 
patriae, may bring a civil action on behalf of the 
residents of the State in a district court of the 
United States of appropriate jurisdiction, to— 
‘‘(A) enjoin that act or practice; 
‘‘(B) enforce compliance with the regula-
tion; 
‘‘(C) obtain civil penalties in an amount of 
$11,000 per violation not to exceed a total of 
$5,000,000; or 
‘‘(D) obtain such other legal and equitable 
relief as the district court may consider to be 
appropriate. 
Before filing an action under this subsection, the at-
torney general of the State involved shall provide to 
the Commissioner of Social Security and the Attor-
ney General of the United States a written notice of 
that action and a copy of the complaint for that ac-
tion. If the State attorney general determines that 
it is not feasible to provide the notice described in 
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this subparagraph before the filing of the action, the 
State attorney general shall provide the written no-
tice and the copy of the complaint as soon after the 
filing of the complaint as practicable. Any reference 
in this subsection to the attorney general of a State 
shall be deemed also to be a reference to any equiva-
lent official of such State. 
‘‘(2) ACTS
OR
PRACTICES
SUBJECT
TO
EN-
FORCEMENT.—An act or practice described in this 
paragraph is— 
‘‘(A) an act or practice by an executive, 
legislative, or judicial agency or instrumentality 
of the State involved or a political subdivision 
thereof, a person acting as an agent thereof, or 
any officer or employee of the foregoing or per-
son acting as an agent of the foregoing that 
violates clause (vi)(II), (x), (xi), (xii), (xiii), 
(xiv), or (xv) of section 205(c)(2)(C) or any 
regulation promulgated thereunder, or 
‘‘(B) an act or practice by any person that 
violates section 208A or any regulation promul-
gated thereunder. 
‘‘(3) ATTORNEY GENERAL AUTHORITY.—On re-
ceiving notice under paragraph (1), the Attorney 
General of the United States shall have the right— 
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‘‘(A) to move to stay the action, pending 
the final disposition of a pending Federal mat-
ter as described in subparagraph (C); 
‘‘(B) to intervene in an action under sub-
paragraph (A); 
‘‘(C) upon so intervening, to be heard on 
all matters arising therein; and 
‘‘(D) to file petitions for appeal. 
‘‘(4) PENDING CRIMINAL PROCEEDINGS.—If the 
Attorney General of the United States has instituted 
a criminal proceeding under section 208 alleging an 
act or practice described in paragraph (2) in connec-
tion with any State, such State may not, during the 
pendency of such proceeding or action, bring an ac-
tion under this subsection against any defendant 
named in the criminal proceeding or civil action al-
leging such act or practice. 
‘‘(5) RULE OF CONSTRUCTION.—For purposes 
of bringing any civil action under paragraph (1), 
nothing in this subsection shall be construed to pre-
vent an attorney general of a State from exercising 
the powers conferred on the attorney general by the 
laws of that State to conduct investigations, admin-
ister oaths and affirmations, or compel the attend-
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ance of witnesses or the production of documentary 
and other evidence. 
‘‘(6) VENUE; SERVICE OF PROCESS.—Any ac-
tion brought under paragraph (1) may be brought in 
any district court of the United States that meets 
applicable requirements relating to venue under sec-
tion 1391 of title 28, United States Code. In an ac-
tion brought under paragraph (1), process may be 
served in any district in which the defendant is an 
inhabitant or may be found. 
‘‘(d) REMEDIES TO INDIVIDUALS FOR VIOLATIONS 
BY THE FEDERAL GOVERNMENT OF REQUIREMENTS RE-
LATING TO SOCIAL SECURITY ACCOUNT NUMBERS.— 
‘‘(1) CIVIL ACTIONS.—Any individual who is ag-
grieved by an act or practice by any person acting 
as an officer, employee, or agent of an agency or in-
strumentality of the Federal Government in violation 
of the requirements of clause (vi)(II), (x), (xi), (xii), 
(xiii), (xiv), or (xv) of subsection (c)(2)(C) with re-
spect to the social security account number assigned 
to such individual under subsection (c)(2)(B) may 
commence a civil action for appropriate equitable re-
lief or actual damages. 
‘‘(2) VENUE; SERVICE OF PROCESS.—An action 
under this subsection action may be brought in the 
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