(i) the nature, likelihood, and severity
of the anticipated harm;
(ii) the nature, likelihood, and extent
of any benefits that could be realized from
the sale, purchase, or display of social se-
curity account numbers; and
(iii) any other relevant factors.
SEC. 202. REFUSAL TO DO BUSINESS WITHOUT RECEIPT OF
SOCIAL SECURITY ACCOUNT NUMBER CON-
SIDERED UNFAIR OR DECEPTIVE ACT OR
PRACTICE.
(a) IN GENERAL.—Any person who refuses to do
business with an individual because the individual will not
consent to the receipt by such person of the social security
account number of such individual shall be considered to
have committed an unfair or deceptive act or practice in
violation of section 5 of the Federal Trade Commission
Act (15 U.S.C. 45). Action may be taken under such sec-
tion 5 against such a person.
(b) EXCEPTION.—Subsection (a) shall not apply to
any person in any case in which such person is required
under Federal law, in connection with doing business with
an individual, to submit to the Federal Government such
individual’s Social Security account number.
SEC. 203. CONFIDENTIAL TREATMENT OF CREDIT HEADER
INFORMATION.
(a) IN GENERAL.—Section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a) is amended by adding
at the end the following new subsection:
‘‘(q) CONFIDENTIAL TREATMENT OF CREDIT HEAD-
ER INFORMATION.—Information regarding the social se-
curity account number of the consumer, or any derivative
thereof, may not be furnished to any person by a consumer
reporting agency other than in a full consumer report fur-
nished in accordance with section 604 and other require-
ments of this title.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect 90 days after the date of the
enactment of this Act.
TITLE III—ENFORCEMENT
SEC. 301. NEW CRIMINAL PENALTIES FOR MISUSE OF SO-
CIAL SECURITY ACCOUNT NUMBERS.
(a) IN GENERAL.—Section 208(a) of the Social Secu-
rity Act (42 U.S.C. 408(a)) is amended—
(1) in paragraph (8), by adding ‘‘or’’ at the
end; and
(2) by inserting after paragraph (8) the fol-
lowing new paragraphs:
‘‘(9) offers, for a fee, to acquire for any indi-
vidual, or to assist in acquiring for any individual,
an additional social security account number or a
number that purports to be a social security account
number; or
‘‘(10) being an officer or employee of any exec-
utive, legislative, or judicial agency or instrumen-
tality of the Federal Government or of a State or
political subdivision thereof (or a person acting as
an agent of such an agency or instrumentality) in
possession of any individual’s social security account
number (or an officer or employee thereof or a per-
son acting as an agent thereof), willfully acts or fails
to act so as to cause a violation of clause (vi)(II),
(x), (xi), (xii), or (xiv) of section 205(c)(2)(C); or
‘‘(11) being a trustee appointed in a case under
title 11, United States Code (or an officer or em-
ployee thereof or a person acting as an agent there-
of), willfully acts or fails to act so as to cause a vio-
lation of clause (x), (xi), or (xii) of section
205(c)(2)(C);’’.
(b) EFFECTIVE DATES.—Section 208(a)(9) of the
Social Security Act (added by subsection (a)(2)) shall
apply with respect to each violation occurring after the
date of the enactment of this Act. Paragraphs (10) and
(11) of section 208(a) of such Act (added by subsection
(a)(2)) shall apply with respect to each violation occurring
on or after the effective date applicable with respect to
such violation under title I.
SEC. 302. EXTENSION OF CIVIL MONETARY PENALTY AU-
THORITY.
(a) APPLICATION OF CIVIL MONEY PENALTIES TO
ELEMENTS OF CRIMINAL VIOLATIONS.—Section 1129(a)
of the Social Security Act (42 U.S.C. 1320a–8(a)) is
amended—
(1) by redesignating paragraph (2) as para-
graph (4);
(2) by designating the last sentence of para-
graph (1) as a new paragraph (2), appearing after
and below paragraph (1); and
(3) by inserting after paragraph (2) (as des-
ignated under paragraph (2) of this subsection) the
following:
‘‘(3) Any person (including an organization, agency,
or other entity) who—
‘‘(A) uses a social security account number that
such person knows or should know has been as-
signed by the Commissioner of Social Security (in an
exercise of authority under section 205(c)(2) to es-
tablish and maintain records) on the basis of false
information furnished to the Commissioner by any
person;
‘‘(B) falsely represents a number to be the so-
cial security account number assigned by the Com-
missioner of Social Security to any individual, when
such person knows or should know that such number
is not the social security account number assigned
by the Commissioner to such individual;
‘‘(C) knowingly alters a social security card
issued by the Commissioner of Social Security, or
possesses such a card with intent to alter it;
‘‘(D) knowingly buys or sells a card that is, or
purports to be, a card issued by the Commissioner
of Social Security, or possesses such a card with in-
tent to buy or sell it;
‘‘(E) counterfeits a social security card, or pos-
sesses a counterfeit social security card with intent
to buy or sell it;
‘‘(F) discloses, uses, compels the disclosure of,
or knowingly sells or purchases the social security
account number of any person in violation of the
laws of the United States;
‘‘(G) with intent to deceive the Commissioner of
Social Security as to such person’s true identity (or
the true identity of any other person), furnishes or
causes to be furnished false information to the Com-
missioner with respect to any information required
by the Commissioner in connection with the estab-
lishment and maintenance of the records provided
for in section 205(c)(2);
‘‘(H) offers, for a fee, to acquire for any indi-
vidual, or to assist in acquiring for any individual,
an additional social security account number or a
number which purports to be a social security ac-
count number;
‘‘(I) being an officer or employee of any execu-
tive, legislative, or judicial agency or instrumentality
of the Federal Government or of a State or political
subdivision thereof (or a person acting as an agent
of such an agency or instrumentality) (or an officer
or employee thereof or a person acting as an agent
thereof), in possession of any individual’s social se-
curity account number, willfully acts or fails to act
so as to cause a violation of clause (vi)(II), (x), (xi),
(xii), or (xiv) of section 205(c)(2)(C);
‘‘(J) being a trustee appointed in a case under
title 11, United States Code (or an officer or em-
ployee thereof or a person acting as an agent there-
of), willfully acts or fails to act so as to cause a vio-
lation of clause (x), (xi), or (xiii) of section
205(c)(2)(C); or
‘‘(K) violates section 208A (relating to prohibi-
tion of the sale, purchase, or display of the social se-
curity account number in the private sector);
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 (I) and (J) of section 1129(a)(3) of
the Social Security Act (added by subsection (a)) shall
apply with respect to violations occurring on or after the
effective date provided in connection with such violations
under title I.
SEC. 303. AUTHORITY FOR JUDICIAL ORDERS OF RESTITU-
TION.
(a) AMENDMENTS TO TITLE II.—Title II of the So-
cial Security Act is amended—
(1) in section 208 (42 U.S.C. 408) (as amended
by section 301 of this Act)—
(A) by redesignating subsections (b), (c),
and (d) as subsections (c), (d), and (e), respec-
tively; and
(B) by inserting after subsection (a) the
following new subsection:
‘‘(b)(1) Any Federal court, when sentencing a defend-
ant convicted of an offense under subsection (a), may
order, in addition to or in lieu of any other penalty author-
ized by law, that the defendant make restitution to the
Social Security Administration.
‘‘(2) Sections 3612, 3663, and 3664 of title 18,
United States Code, shall apply with respect to the
issuance and enforcement of orders of restitution under
this subsection. In so applying such sections, the Social
Security Administration shall be considered the victim.
‘‘(3) If the court does not order restitution, or orders
only partial restitution, under this subsection, the court
shall state on the record the reasons therefor.’’; and
(2) in section 208A (added by section 201 of
this Act)—
(A) by striking ‘‘section 208(c)’’ in sub-
section (a)(5) and inserting ‘‘section 208(d)’’;
and
(B) by adding at the end the following new
subsection:
‘‘(e) COURT ORDER FOR RESTITUTION.—
‘‘(1) IN GENERAL.—Any Federal court, when
sentencing a defendant convicted of an offense under
subsection (a), may order, in addition to or in lieu
of any other penalty authorized by law, that the de-
fendant make restitution to the Social Security Ad-
ministration.
‘‘(2) RELATED
PROVISIONS.—Sections 3612,
3663, and 3664 of title 18, United States Code,
shall apply with respect to the issuance and enforce-
ment of orders of restitution under this subsection.
In so applying such sections, the Social Security Ad-
ministration shall be considered the victim.
‘‘(3) STATED
REASONS
FOR
NOT
ORDERING
RESTITUTION.—If the court does not order restitu-
tion, or orders only partial restitution, under this
subsection, the court shall state on the record the
reasons therefor.’’.
(b) AMENDMENTS TO TITLE VIII.—Section 807(i) of
such Act (42 U.S.C. 1007(i)) is amended—
(1) by striking ‘‘(i) RESTITUTION.—In any case
where’’ and inserting the following:
‘‘(i) RESTITUTION.—
‘‘(1) IN GENERAL.—In any case where’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) COURT ORDER FOR RESTITUTION.—
‘‘(A) IN
GENERAL.—Any Federal court,
when sentencing a defendant convicted of an of-
fense under subsection (a), may order, in addi-
tion to or in lieu of any other penalty author-
ized by law, that the defendant make restitution
to the Social Security Administration.
‘‘(B) 
RELATED
PROVISIONS.—Sections
3612, 3663, and 3664 of title 18, United States
Code, shall apply with respect to the issuance
and enforcement of orders of restitution under
this paragraph. In so applying such sections,
the Social Security Administration shall be con-
sidered the victim.
‘‘(C) STATED REASONS FOR NOT ORDER-
ING RESTITUTION.—If the court does not order
restitution, or orders only partial restitution,
under this paragraph, the court shall state on
the record the reasons therefor.’’.
(c) AMENDMENTS TO TITLE XVI.—Section 1632 of
such Act (42 U.S.C. 1383a) is amended—
(1) by redesignating subsection (b) as sub-
section (c); and
(2) by inserting after subsection (a) the fol-
lowing new subsection:
‘‘(b)(1) Any Federal court, when sentencing a defend-
ant convicted of an offense under subsection (a), may
order, in addition to or in lieu of any other penalty author-
ized by law, that the defendant make restitution to the
Social Security Administration.
‘‘(2) Sections 3612, 3663, and 3664 of title 18,
United States Code, shall apply with respect to the
issuance and enforcement of orders of restitution under
this subsection. In so applying such sections, the Social
Security Administration shall be considered the victim.
‘‘(3) If the court does not order restitution, or orders
only partial restitution, under this subsection, the court
shall state on the record the reasons therefor.’’.
(d) SPECIAL ACCOUNT FOR RECEIPT OF RESTITU-
TION PAYMENTS.—Section 704(b) of such Act (42 U.S.C.
904(b)) is amended by adding at the end the following
new paragraph:
‘‘(3)(A) Except as provided in subparagraph (B),
amounts received by the Social Security Administration
pursuant to an order of restitution under section 208(b),
208A(e), 807(i), or 1632(b) shall be credited to a special
fund established in the Treasury of the United States for
amounts so received or recovered. The amounts so cred-
ited, to the extent and in the amounts provided in advance
in appropriations Acts, shall be available to defray ex-
penses incurred in carrying out titles II, VIII, and XVI.
‘‘(B) Subparagraph (A) shall not apply with respect
to amounts received in connection with misuse by a rep-
resentative payee (within the meaning of sections 205(j),
807, and 1631(a)(2)) of funds paid as benefits under title
II, VIII, or XVI. Such amounts received in connection
with misuse of funds paid as benefits under title II shall
be transferred to the Managing Trustee of the Federal
Old-Age and Survivors Insurance Trust Fund or the Fed-
eral Disability Insurance Trust Fund, as determined ap-
propriate by the Commissioner of Social Security, and
such amounts shall be deposited by the Managing Trustee
into such Trust Fund. All other such amounts shall be
deposited by the Commissioner into the general fund of
the Treasury as miscellaneous receipts.’’.
(e) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall apply with respect to viola-
tions occurring on or after the date of the enactment of
this Act.
Æ