I 
113TH CONGRESS 
1ST SESSION H. R. 2104 
To amend title 18, United States Code, and the Social Security Act to 
limit the misuse of Social Security numbers, to establish criminal pen-
alties for such misuse, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2013 
Mr. FRELINGHUYSEN introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Ways 
and Means, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To amend title 18, United States Code, and the Social Secu-
rity Act to limit the misuse of Social Security numbers, 
to establish criminal penalties for such misuse, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Protecting the Privacy of Social Security Numbers Act 
of 2013’’. 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Prohibition of the display, sale, or purchase of Social Security numbers. 
Sec. 4. Application of prohibition of the display, sale, or purchase of Social Se-
curity numbers to public records. 
Sec. 5. Rulemaking authority of the Attorney General. 
Sec. 6. Limits on personal disclosure of a Social Security number for consumer 
transactions. 
Sec. 7. Extension of civil monetary penalties for misuse of a Social Security 
number. 
Sec. 8. Criminal penalties for the misuse of a Social Security number. 
Sec. 9. Civil actions and civil penalties. 
Sec. 10. Federal injunctive authority. 
SEC. 2. FINDINGS. 
The Congress makes the following findings: 
(1) The inappropriate display, sale, or purchase 
of Social Security numbers has contributed to 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 general display to the public, sale, or pur-
chase of these numbers has been used to commit 
crimes, and also can result in serious invasions of in-
dividual privacy. 
(3) The Federal Government requires virtually 
every individual in the United States to obtain and 
maintain a Social Security number in order to pay 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
‘‘(5) STATE.—The term ‘State’ means any 
State of the United States, the District of Columbia, 
Puerto Rico, the Northern Mariana Islands, the 
United States Virgin Islands, Guam, American 
Samoa, and any territory or possession of the 
United States. 
‘‘(b) LIMITATION ON DISPLAY.—Except as provided 
in section 1028C, no person may display any individual’s 
Social Security number to the general public without the 
affirmatively expressed consent of the individual. 
‘‘(c) LIMITATION ON SALE OR PURCHASE.—Except 
as otherwise provided in this section, no person may sell 
or purchase any individual’s Social Security number with-
out the affirmatively expressed consent of the individual. 
‘‘(d) PREREQUISITES FOR CONSENT.—In order for 
consent to exist under subsection (b) or (c), the person 
displaying or seeking to display, selling or attempting to 
sell, or purchasing or attempting to purchase, an individ-
ual’s Social Security number shall— 
‘‘(1) inform the individual of the general pur-
pose for which the number will be used, the types of 
persons to whom the number may be available, and 
the scope of transactions permitted by the consent; 
and 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
‘‘(2) obtain the affirmatively expressed consent 
(electronically or in writing) of the individual. 
‘‘(e) EXCEPTIONS.—Nothing in this section shall be 
construed to prohibit or limit the display, sale, or purchase 
of a Social Security number— 
‘‘(1) required, authorized, or excepted under 
any Federal law; 
‘‘(2) for a public health purpose, including the 
protection of the health or safety of an individual in 
an emergency situation; 
‘‘(3) for a national security purpose; 
‘‘(4) for a law enforcement purpose, including 
the investigation of fraud and the enforcement of a 
child support obligation; 
‘‘(5) if the display, sale, or purchase of the 
number is for a use occurring as a result of an inter-
action between businesses, governments, or business 
and government (regardless of which entity initiates 
the interaction), including, but not limited to— 
‘‘(A) the prevention of fraud (including 
fraud in protecting an employee’s right to em-
ployment benefits); 
‘‘(B) the facilitation of credit checks or the 
facilitation of background checks of employees, 
prospective employees, or volunteers; 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
‘‘(C) the retrieval of other information 
from other businesses, commercial enterprises, 
government entities, or private nonprofit orga-
nizations; or 
‘‘(D) when the transmission of the number 
is incidental to, and in the course of, the sale, 
lease, franchising, or merger of all, or a portion 
of, a business; 
‘‘(6) if the transfer of such a number is part of 
a data matching program involving a Federal, State, 
or local agency; or 
‘‘(7) if such number is required to be submitted 
as part of the process for applying for any type of 
Federal, State, or local government benefit or pro-
gram; 
except that, nothing in this subsection shall be construed 
as permitting a professional or commercial user to display 
or sell a Social Security number to the general public. 
‘‘(f) LIMITATION.—Nothing in this section shall pro-
hibit or limit the display, sale, or purchase of Social Secu-
rity numbers as permitted under title V of the Gramm- 
Leach-Bliley Act, or for the purpose of affiliate sharing 
as permitted under the Fair Credit Reporting Act, except 
that no entity regulated under such Acts may make Social 
Security numbers available to the general public, as may 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
be determined by the appropriate regulators under such 
Acts. For purposes of this subsection, the general public 
shall not include affiliates or unaffiliated third-party busi-
ness entities as may be defined by the appropriate regu-
lators.’’. 
(2) CONFORMING
AMENDMENT.—The chapter 
analysis for chapter 47 of title 18, United States 
Code, is amended by inserting after the item relating 
to section 1028A the following: 
‘‘1028B. Prohibition of the display, sale, or purchase of Social Security num-
bers.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date that is 30 days 
after the date on which the final regulations promulgated 
under section 5 are published in the Federal Register. 
SEC. 4. APPLICATION OF PROHIBITION OF THE DISPLAY, 
SALE, OR PURCHASE OF SOCIAL SECURITY 
NUMBERS TO PUBLIC RECORDS. 
(a) PUBLIC RECORDS EXCEPTION.— 
(1) IN
GENERAL.—Chapter 47 of title 18, 
United States Code (as amended by section 3(a)(1)), 
is amended by inserting after section 1028B the fol-
lowing: 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
‘‘§ 1028C. Display, sale, or purchase of public records 
containing Social Security numbers 
‘‘(a) DEFINITION.—In this section, the term ‘public 
record’ means any governmental record that is made avail-
able to the general public. 
‘‘(b) IN GENERAL.—Except as provided in sub-
sections (c), (d), and (e), section 1028B shall not apply 
to a public record. 
‘‘(c) PUBLIC RECORDS ON THE INTERNET OR IN AN 
ELECTRONIC MEDIUM.— 
‘‘(1) IN GENERAL.—Section 1028B shall apply 
to any public record first posted onto the Internet 
or provided in an electronic medium by, or on behalf 
of, a government entity after the date of the enact-
ment of this section, except as limited by the Attor-
ney General in accordance with paragraph (2). 
‘‘(2) EXCEPTION FOR GOVERNMENT ENTITIES 
ALREADY PLACING PUBLIC RECORDS ON THE INTER-
NET OR IN ELECTRONIC FORM.—Not later than 60 
days after the date of the enactment of this section, 
the Attorney General shall issue regulations regard-
ing the applicability of section 1028B to any record 
of a category of public records first posted onto the 
Internet or provided in an electronic medium by, or 
on behalf of, a government entity prior to the date 
of the enactment of this section. The regulations will 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
determine which individual records within categories 
of records of these government entities, if any, may 
continue to be posted on the Internet or in electronic 
form after the effective date of this section. In pro-
mulgating these regulations, the Attorney General 
may include in the regulations a set of procedures 
for implementing the regulations and shall consider 
the following: 
‘‘(A) The cost and availability of tech-
nology available to a governmental entity to re-
dact Social Security numbers from public 
records first provided in electronic form after 
the effective date of this section. 
‘‘(B) 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 with respect to such records. 
‘‘(C) 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. 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
Nothing in the regulation shall permit a public enti-
ty to post a category of public records on the Inter-
net or in electronic form after the effective date of 
this section if such category had not been placed on 
the Internet or in electronic form prior to such effec-
tive date. 
‘‘(d) HARVESTED SOCIAL SECURITY NUMBERS.— 
Section 1028B shall apply to any public record of a gov-
ernment entity which contains Social Security numbers ex-
tracted from other public records for the purpose of dis-
playing or selling such numbers to the general public. 
‘‘(e) ATTORNEY GENERAL RULEMAKING ON PAPER 
RECORDS.— 
‘‘(1) IN
GENERAL.—Not later than 60 days 
after the date of the enactment of this section, the 
Attorney General shall determine the feasibility and 
advisability of applying section 1028B to the records 
listed in paragraph (2) when they appear on paper 
or on another nonelectronic medium. If the Attorney 
General deems it appropriate, the Attorney General 
may issue regulations applying section 1028B to 
such records. 
‘‘(2) LIST
OF
PAPER
AND
OTHER
NONELEC-
TRONIC RECORDS.—The records listed in this para-
graph are as follows: 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
‘‘(A) Professional or occupational licenses. 
‘‘(B) Marriage licenses. 
‘‘(C) Birth certificates. 
‘‘(D) Death certificates. 
‘‘(E) Other short public documents that 
display a Social Security number in a routine 
and consistent manner on the face of the docu-
ment. 
‘‘(3) CRITERIA FOR ATTORNEY GENERAL RE-
VIEW.—In determining whether section 1028B 
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 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
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) 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 the enactment 
of this Act. 
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 the enactment of this Act, the Attorney 
General, in consultation with the Commissioner of 
Social Security, the Chairman of the Federal Trade 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
Commission, and such other heads of Federal agen-
cies as the Attorney General determines appropriate, 
shall conduct such rulemaking procedures in accord-
ance with subchapter II of chapter 5 of title 5, 
United States Code, as are necessary to promulgate 
regulations to implement and clarify the uses occur-
ring as a result of an interaction between businesses, 
governments, or business and government (regard-
less of which entity initiates the interaction) per-
mitted under section 1028B(e)(5) of title 18, United 
States Code (as added by section 3(a)(1)). 
(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-
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
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. 
(E) The presence of procedures to prevent 
identity thieves, stalkers, and other individuals 
with ill intent from posing as legitimate busi-
nesses to obtain Social Security numbers. 
(F) The impact of such uses on privacy. 
SEC. 6. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL 
SECURITY NUMBER FOR CONSUMER TRANS-
ACTIONS. 
(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: 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
‘‘SEC. 1150C. LIMITS ON PERSONAL DISCLOSURE OF A SO-
CIAL SECURITY NUMBER FOR CONSUMER 
TRANSACTIONS. 
‘‘(a) IN GENERAL.—A commercial entity may not re-
quire an individual to provide the individual’s Social Secu-
rity number when purchasing a commercial good or service 
or deny an individual the good or service for refusing to 
provide that number except— 
‘‘(1) for any purpose relating to— 
‘‘(A) obtaining a consumer report for any 
purpose permitted under the Fair Credit Re-
porting Act; 
‘‘(B) a background check of the individual 
conducted by a landlord, lessor, employer, vol-
untary service agency, or other entity as deter-
mined by the Attorney General; 
‘‘(C) law enforcement; or 
‘‘(D) a Federal, State, or local law require-
ment; or 
‘‘(2) if the Social Security number is necessary 
to verify the identity of the consumer to effect, ad-
minister, or enforce the specific transaction re-
quested or authorized by the consumer, or to prevent 
fraud. 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
‘‘(b) APPLICATION OF CIVIL MONEY PENALTIES.— 
A violation of this section shall be deemed to be a violation 
of section 1129(a)(3)(F). 
‘‘(c) APPLICATION OF CRIMINAL PENALTIES.—A vio-
lation of this section shall be deemed to be a violation of 
section 208(a)(8). 
‘‘(d) LIMITATION ON CLASS ACTIONS.—No class ac-
tion alleging a violation of this section shall be maintained 
under this section by an individual or any private party 
in Federal or State court. 
‘‘(e) STATE ATTORNEY GENERAL ENFORCEMENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) CIVIL
ACTIONS.—In any case in 
which the attorney general of a State has rea-
son to believe that an interest of the residents 
of that State has been or is threatened or ad-
versely affected by the engagement of any per-
son in a practice that is prohibited under this 
section, 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— 
‘‘(i) enjoin that practice; 
‘‘(ii) enforce compliance with such 
section; 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
‘‘(iii) obtain damages, restitution, or 
other compensation on behalf of residents 
of the State; or 
‘‘(iv) obtain such other relief as the 
court may consider appropriate. 
‘‘(B) NOTICE.— 
‘‘(i) IN
GENERAL.—Before filing an 
action under subparagraph (A), the attor-
ney general of the State involved shall pro-
vide to the Attorney General— 
‘‘(I) written notice of the action; 
and 
‘‘(II) a copy of the complaint for 
the action. 
‘‘(ii) EXEMPTION.— 
‘‘(I) IN
GENERAL.—Clause (i) 
shall not apply with respect to the fil-
ing of an action by an attorney gen-
eral of a State under this subsection, 
if the State attorney general deter-
mines that it is not feasible to provide 
the notice described in such subpara-
graph before the filing of the action. 
‘‘(II) NOTIFICATION.—With re-
spect to an action described in sub-
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
clause (I), the attorney general of a 
State shall provide notice and a copy 
of the complaint to the Attorney Gen-
eral at the same time as the State at-
torney general files the action. 
‘‘(2) INTERVENTION.— 
‘‘(A) IN
GENERAL.—On receiving notice 
under paragraph (1)(B), the Attorney General 
shall have the right to intervene in the action 
that is the subject of the notice. 
‘‘(B) EFFECT OF INTERVENTION.—If the 
Attorney General intervenes in the action under 
paragraph (1), the Attorney General shall have 
the right to be heard with respect to any matter 
that arises in that action. 
‘‘(3) CONSTRUCTION.—For purposes of bring-
ing any civil action under paragraph (1), nothing in 
this section shall be construed to prevent an attor-
ney general of a State from exercising the powers 
conferred on such attorney general by the laws of 
that State to— 
‘‘(A) conduct investigations; 
‘‘(B) administer oaths or affirmations; or 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
‘‘(C) compel the attendance of witnesses or 
the production of documentary and other evi-
dence. 
‘‘(4) ACTIONS BY THE ATTORNEY GENERAL OF 
THE UNITED STATES.—In any case in which an ac-
tion is instituted by or on behalf of the Attorney 
General for violation of a practice that is prohibited 
under this section, no State may, during the pend-
ency of that action, institute an action under para-
graph (1) against any defendant named in the com-
plaint in that action for violation of that practice. 
‘‘(5) VENUE; SERVICE OF PROCESS.— 
‘‘(A) VENUE.—Any action brought under 
paragraph (1) may be brought in the district 
court of the United States that meets applicable 
requirements relating to venue under section 
1391 of title 28, United States Code. 
‘‘(B) SERVICE OF PROCESS.—In an action 
brought under paragraph (1), process may be 
served in any district in which the defendant— 
‘‘(i) is an inhabitant; or 
‘‘(ii) may be found. 
‘‘(f) SUNSET.—This section shall not apply on or 
after the date that is 6 years after the effective date of 
this section.’’. 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
(b) EVALUATION AND REPORT.—Not later than the 
date that is 6 years and 6 months after the date of the 
enactment of this Act, the Attorney General, in consulta-
tion with the chairman of the Federal Trade Commission, 
shall issue a report evaluating the effectiveness and effi-
ciency of section 1150C of the Social Security Act (as 
added by subsection (a)) and shall make recommendations 
to the Congress as to any legislative action determined to 
be necessary or advisable with respect to such section, in-
cluding a recommendation regarding whether to reauthor-
ize such section. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to requests to provide a Social 
Security number occurring after the date that is 1 year 
after the date of the enactment of this Act. 
SEC. 7. EXTENSION OF CIVIL MONETARY PENALTIES FOR 
MISUSE OF A SOCIAL SECURITY NUMBER. 
(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 paragraphs (2) and (3) as 
paragraphs (4) and (5), respectively; 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
(2) by designating the last sentence of para-
graph (1) as paragraph (2) and inserting such para-
graph after paragraph (1); and 
(3) by inserting after paragraph (2) (as so des-
ignated and inserted 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; 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
‘‘(D) knowingly displays, sells, or purchases a 
card that is, or is purported to be, a card issued by 
the Commissioner of Social Security, or possesses 
such a card with intent to display, purchase, or sell 
it; 
‘‘(E) counterfeits a Social Security card, or pos-
sesses a counterfeit Social Security card with intent 
to display, sell, or purchase it; 
‘‘(F) discloses, uses, compels the disclosure of, 
or knowingly displays, 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 is or is purported to be a Social Secu-
rity account number; or 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
‘‘(I) being an officer or employee of a Federal, 
State, or local agency in possession of any individ-
ual’s Social Security account number, willfully acts 
or fails to act so as to cause a violation by such 
agency of section 205(c)(2)(C)(vi)(II) (relating to 
prohibition of display of Social Security account 
numbers on driver’s licenses, motor vehicle registra-
tions, and personal identification cards) or section 
205(c)(2)(C)(x) (added by Public Law 111–318 and 
relating to prohibition of display of Social Security 
account numbers on checks issued for payment by 
Federal, State, or local agencies), 
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.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall apply with respect to violations of section 1129 
of the Social Security Act (42 U.S.C. 1320–8), as 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
amended by this section, committed after the date of 
the enactment of this Act. 
(2) VIOLATIONS BY GOVERNMENT AGENTS IN 
POSSESSION OF SOCIAL SECURITY NUMBERS.—Sec-
tion 1129(a)(3)(I) of the Social Security Act (42 
U.S.C. 1320a–8(a)(3)(I)), as added by subsection 
(a), shall apply with respect to violations of that sec-
tion occurring on or after the effective date de-
scribed in section 3(c). 
SEC. 8. CRIMINAL PENALTIES FOR THE MISUSE OF A SO-
CIAL SECURITY NUMBER. 
(a) PROHIBITION OF WRONGFUL USE AS PERSONAL 
IDENTIFICATION NUMBER.—No person may obtain any 
individual’s Social Security number for purposes of locat-
ing or identifying an individual with the intent to phys-
ically injure, harm, or use the identity of the individual 
for any illegal purpose. 
(b) CRIMINAL SANCTIONS.—Section 208(a) of the 
Social Security Act (42 U.S.C. 408(a)) is amended— 
(1) in paragraph (8), by adding ‘‘or’’ after the 
semicolon; and 
(2) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) except as provided in subsections (e) and 
(f) of section 1028B of title 18, United States Code, 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
knowingly and willfully displays, sells, or purchases 
(as those terms are defined in section 1028B(a) of 
title 18, United States Code) any individual’s Social 
Security account number without having met the 
prerequisites for consent under section 1028B(d) of 
title 18, United States Code; or 
‘‘(10) obtains any individual’s Social Security 
number for the purpose of locating or identifying the 
individual with the intent to injure or to harm that 
individual, or to use the identity of that individual 
for an illegal purpose;’’. 
SEC. 9. CIVIL ACTIONS AND CIVIL PENALTIES. 
(a) CIVIL ACTION IN STATE COURTS.— 
(1) IN GENERAL.—Any individual aggrieved by 
an act of any person in violation of this Act, any 
amendments made by this Act, or clause (x) or (xi) 
of section 205(c)(2)(C) of the Social Security Act 
(added by the Social Security Number Protection 
Act of 2010 (Public Law 111–318)) may, if other-
wise permitted by the laws or rules of the court of 
a State, bring in an appropriate court of that 
State— 
(A) an action to enjoin such violation; 
(B) an action to recover for actual mone-
tary loss from such a violation, or to receive up 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
to $500 in damages for each such violation, 
whichever is greater; or 
(C) both such actions. 
It shall be an affirmative defense in any action 
brought under this paragraph that the defendant 
has established and implemented, with due care, rea-
sonable practices and procedures to effectively pre-
vent violations of the provisions of this Act, the 
amendments made by this Act, such clause (x) or 
(xi), or regulations prescribed under this Act, such 
amendments, or such clause. If the court finds that 
the defendant willfully or knowingly violated any 
such provision, the court may, in its discretion, in-
crease the amount of the award to an amount equal 
to not more than 3 times the amount available 
under subparagraph (B). 
(2) STATUTE OF LIMITATIONS.—An action may 
be commenced under this subsection not later than 
the earlier of— 
(A) 5 years after the date on which the al-
leged violation occurred; or 
(B) 3 years after the date on which the al-
leged violation was or should have been reason-
ably discovered by the aggrieved individual. 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
(3) NONEXCLUSIVE REMEDY.—The remedy pro-
vided under this subsection shall be in addition to 
any other remedies available to the individual. 
(b) CIVIL PENALTIES.— 
(1) IN GENERAL.—Any person who the Attor-
ney General determines has violated any provision of 
this Act, the amendments made by this Act, or 
clause (x) or (xi) of section 205(c)(2)(C) of the So-
cial Security Act (added by the Social Security 
Number Protection Act of 2010 (Public Law 111– 
318)) shall be subject, in addition to any other pen-
alties that may be prescribed by law— 
(A) to a civil penalty of not more than 
$5,000 for each such violation; and 
(B) to a civil penalty of not more than 
$50,000, if the violations have occurred with 
such frequency as to constitute a general busi-
ness practice. 
(2) DETERMINATION
OF
VIOLATIONS.—Any 
willful violation committed contemporaneously with 
respect to the Social Security numbers of two or 
more individuals by means of mail, telecommuni-
cation, or otherwise, shall be treated as a separate 
violation with respect to each such individual. 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS
(3) ENFORCEMENT PROCEDURES.—The provi-
sions of section 1128A of the Social Security Act 
(42 U.S.C. 1320a–7a), other than subsections (a), 
(b), (f), (h), (i), (j), (m), and (n) and the first sen-
tence of subsection (c) of such section, and the pro-
visions of subsections (d) and (e) of section 205 of 
such Act (42 U.S.C. 405) shall apply to a civil pen-
alty action under this subsection in the same man-
ner as such provisions apply to a penalty or pro-
ceeding under section 1128A(a) of such Act (42 
U.S.C. 1320a–7a(a)), except that, for purposes of 
this paragraph, any reference in section 1128A of 
such Act (42 U.S.C. 1320a–7a) to the Secretary 
shall be deemed to be a reference to the Attorney 
General. 
SEC. 10. FEDERAL INJUNCTIVE AUTHORITY. 
In addition to any other enforcement authority con-
ferred under this Act or the amendments made by this 
Act, the Federal Government shall have injunctive author-
ity with respect to any violation by a public entity of any 
provision of this Act, of any amendments made by this 
Act, or of clause (x) or (xi) of section 205(c)(2)(C) of the 
Social Security Act (added by the Social Security Number 
Protection Act of 2010 (Public Law 111–318)). 
Æ 
VerDate Mar 15 2010 
02:00 May 25, 2013
Jkt 029200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6301
E:\BILLS\H2104.IH
H2104
jbell on DSK7SPTVN1PROD with BILLS