under section 205(c)(2) to establish and maintain 
records), to any person; 
‘‘(ii) without lawful authority, offers, for a fee, 
to acquire for any individual, or to assist in acquir-
ing for any individual, an additional social security 
account number or a number that is purported to be 
a social security account number; 
‘‘(iii) being— 
‘‘(I) an officer or employee of any govern-
mental 
entity 
(as 
defined 
in 
section 
205(c)(2)(C)(x)(X)), or 
‘‘(II) a person acting as an agent of a gov-
ernmental entity (as so defined), 
willfully acts or fails to act so as to cause a violation 
of clause (x), (xiii), or (xiv) of section 205(c)(2)(C); 
‘‘(iv) 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) or (xiv) of section 205(c)(2)(C); 
or 
‘‘(v) willfully acts or fails to act so as to cause 
a violation of subsection (b)(1)(A) or (g) of section 
208A; 
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ccoleman on PROD1PC69 with BILLS
shall be fined, imprisoned, or both, as provided in subpara-
graph (B). 
‘‘(B) A person convicted of a violation described 
in subparagraph (A) shall— 
‘‘(i) be fined under title 18, United States 
Code, imprisoned not more than 1 year, or 
both; and 
‘‘(ii) if the offense is committed under false 
pretenses or for commercial advantage, personal 
gain, or malicious harm, be fined under title 18, 
United States Code, imprisoned not more than 
5 years, or both.’’. 
(b) EFFECTIVE DATES.—The amendments made by 
this section shall apply with respect to each violation oc-
curring after the date of the enactment of this Act, except 
that subparagraphs (B), (C), and (D) of section 208(b)(1) 
of such Act and clauses (iii), (iv), and (v) of section 
208(b)(2)(A) of such Act (added by subsection (a)(3)) 
shall apply, in connection with violations of clause (x), (xi), 
(xii), (xiii), (xiv), or (xv) of section 205(c)(2)(C) or section 
208A, with respect to each violation occurring on or after 
the effective date applicable with respect to such violation 
under section 2, 3, 4, 5, 6, 7, or 8. 
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SEC. 10. 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 paragraphs (2) and (3) as 
paragraphs (4) and (5), respectively; 
(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 
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ccoleman on PROD1PC69 with BILLS
such person knows or should know that such number 
is not the social security account number assigned 
by the Commissioner to such individual; 
‘‘(C) with intent to deceive, alters a social secu-
rity card that the person knows or should know was 
issued by the Commissioner of Social Security, or 
possesses such a card with intent to alter it; 
‘‘(D) buys or sells a card that such person 
knows or should know is, or is purported to be, a 
card issued by the Commissioner of Social Security, 
or possesses such a card with intent 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-
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lishment and maintenance of the records provided 
for in section 205(c)(2); 
‘‘(H) without lawful authority, offers, for a fee, 
to acquire for any individual, or to assist in acquir-
ing for any individual, an additional social security 
account number or a number which is purported to 
be a social security account number; 
‘‘(I) with intent to deceive, discloses, sells, or 
transfers his own social security account number, as-
signed to him by the Commissioner of Social Secu-
rity under section 205(c)(2)(B), to any person; 
‘‘(J) knowingly, and with intent to commit, or 
to aid or abet, any activity that constitutes a viola-
tion of Federal law, or a violation of any applicable 
law of a State or political subdivision thereof if the 
maximum penalty of such applicable law includes 
imprisonment for at least 5 years— 
‘‘(i) possesses a social security account 
number of another individual without lawful au-
thority, or 
‘‘(ii) possesses a social security card, know-
ing that the social security account number or 
other identifying information displayed on the 
card has been altered, counterfeited, or forged 
or that the card was falsely made, stolen, or ob-
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tained from the Social Security Administration 
by use of false information; 
‘‘(K) being— 
‘‘(i) an officer or employee of a govern-
mental 
entity 
(as 
defined 
in 
section 
205(c)(2)(C)(x)(X)), or 
‘‘(ii) a person acting as an agent of a gov-
ernmental entity (as so defined), 
willfully acts or fails to act so as to cause a violation 
of clause (vi)(II), (x), (xi), (xii), (xiii), (xiv), or (xv) 
of section 205(c)(2)(C); 
‘‘(L) 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), (xiv), or (xv) of section 
205(c)(2)(C); 
‘‘(M) violates section 208A (relating to prohibi-
tion of the sale, purchase, or display of the social se-
curity account number in the private sector) or, as 
a person in the private sector, violates section 
205(c)(2)(C)(xv); or 
‘‘(N) violates section 208(g) (relating to fraud 
by social security administration employees); 
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