ber was created in 1936 for the sole purpose of
tracking workers’ earnings so that Social Security
benefits could be calculated upon retirement or dis-
ability.
(2) As a result of its uniqueness, expanded use
of the Social Security account number has occurred
in the public and private sectors.
(3) Expanded Federal use of the Social Secu-
rity account number was first mandated by Presi-
dent Roosevelt in 1943 with Executive Order 9397,
requiring that any Federal department establishing
a new system of permanent account numbers per-
taining to an individual must utilize the Social Secu-
rity account number exclusively, and that such per-
sonal information must be kept confidential.
(4) Today, the Federal Government requires
virtually every individual in the United States to ob-
tain and maintain a Social Security account number
in order to pay taxes, to qualify for Social Security
benefits, or to seek employment. An unintended con-
sequence of these requirements is that Social Secu-
rity account numbers have become tools that can be
used to facilitate crime, fraud, and invasions of the
privacy of the individuals to whom the numbers are
assigned. Because the Federal Government created
and maintains this system, and because the Federal
Government does not permit persons to exempt
themselves from those requirements, it is appro-
priate for the Government to take steps to stem the
abuse of this system.
(5) In the private sector, use of the Social Se-
curity account number as a personal identifier has
grown substantially. Many businesses require a So-
cial Security account number prior to providing serv-
ices or goods.
(6) However, under some current business prac-
tices, an individual may lose control over the further
sale or transfer of the Social Security account num-
ber by the entity provided the number. An individ-
ual’s Social Security account number may be sold or
transferred without the individual’s knowledge or
permission.
(7) Today, the Social Security account number
is generally regarded as the single-most widely used
record identifier by both government and private
sectors within the United States.
(8) However, a Social Security account number
is simply a sequence 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.
(9) A Social Security account number does not
contain, reflect, or convey any publicly significant in-
formation or concern any public issue. The sale of
such numbers in no way facilitates uninhibited, ro-
bust and wide-open public debate; and restrictions
on such sale would not affect public debate.
(10) No one should seek to profit from the sale
of Social Security account numbers in circumstances
that create a substantial risk of physical, emotional,
or financial harm to the individuals to whom those
numbers are assigned.
(11) The prevalence of the use of the Social Se-
curity account number and the ease by which indi-
viduals can obtain another person’s Social Security
account number have raised serious concerns over
privacy and opportunities for fraud.
(12) Social Security cards may be counterfeited
for illegal aliens and individuals use false Social Se-
curity account number information to improperly
apply for and receive benefits under Federal and
State programs.
(13) Misuse of the Social Security account
number is a central component of identity theft, con-
sidered the fastest growing financial crime in the
country. It is estimated that identity theft affects
upwards of 700,000 individuals per year.
(14) The results of identity theft are stag-
gering. Victims spend years and many dollars clear-
ing up their good name and contesting charges they
never authorized. It is estimated that in 1997, mon-
etary losses associated with identity theft was ap-
proximately $745,000,000.
(15) Growing concern over fraud and privacy
and the absence of a comprehensive Federal law reg-
ulating the use of Social Security account numbers
prompt the need for the Congress to act.
TITLE I—PROVISIONS RELATING
TO THE SOCIAL SECURITY AC-
COUNT NUMBER IN THE PUB-
LIC SECTOR
SEC. 101. RESTRICTIONS ON THE SALE OF SOCIAL SECU-
RITY 
ACCOUNT 
NUMBERS 
BY 
GOVERN-
MENTAL AGENCIES.
(a) IN GENERAL.—Section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)) is amended by add-
ing at the end the following new clause:
‘‘(x) No executive, legislative, or judicial agency or
instrumentality of the Federal Government or of a State
or a political subdivision thereof or trustee appointed in
a case under title 11, United States Code (or person act-
ing as an agent of such an agency or instrumentality or
trustee) in possession of any individual’s social security
account number may accept an item of material value in
exchange for such number, or any derivative thereof. Not-
withstanding the preceding sentence, such number (or de-
rivative) may be made available or disclosed in such an
exchange in accordance with the following exceptions (and
for no other purpose):
‘‘(I) Such number (or derivative) may be dis-
closed in such an exchange by a State department
of motor vehicles as authorized under subsection (b)
of section 2721 of title 18, United States Code, if
such disclosed number (or derivative) is to be used
solely for the purposes permitted under paragraph
(1), (6) or (9) of such subsection.
‘‘(II) Such number (or derivative) may be made
available in such an exchange to a consumer report-
ing agency, as defined in section 603(f) of the Fair
Credit Reporting Act (15 U.S.C. 1681a(f)), exclu-
sively for use in accordance with such Act.
‘‘(III) Such number (or derivative) may be dis-
closed in such an exchange to the extent that is nec-
essary or appropriate for law enforcement or na-
tional security purposes, as determined under regu-
lations which shall be issued by the Attorney Gen-
eral of the United States.
‘‘(IV) Such an exchange may occur to the ex-
tent it is otherwise specifically authorized by this
Act.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply with respect to violations occurring
after 3 years after the date of the enactment of this Act.
SEC. 102. PROHIBITION OF THE DISPLAY TO THE GENERAL
PUBLIC OF SOCIAL SECURITY ACCOUNT NUM-
BERS POSSESSED BY GOVERNMENTAL AGEN-
CIES.
(a) IN GENERAL.—Section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by
section 101) is amended further by adding at the end the
following new clause:
‘‘(xi)(I) No executive, legislative, or judicial agency
or instrumentality of the Federal Government or of a
State or a political subdivision thereof or trustee appointed
in a case under title 11, United States Code (or person
acting as an agent of such an agency or instrumentality
or trustee), may display to the general public any individ-
ual’s social security account number, or any derivative of
such number. Notwithstanding the preceding sentence,
such number (or derivative) may be so displayed in accord-
ance with the exceptions specified in subclauses (II) and
(III) (and for no other purpose).
‘‘(II) Such number (or derivative) may be so dis-
played to a consumer reporting agency, as defined in sec-
tion 603(f) of the Fair Credit Reporting Act (15 U.S.C.
1681a(f)), exclusively for use in accordance with such Act.
‘‘(III) Such number (or derivative) may be so dis-
played to the extent that is necessary or appropriate for
law enforcement or national security purposes, as deter-
mined under regulations which shall be issued by the At-
torney General of the United States.
‘‘(IV) For purposes of this clause, the term ‘display
to the general public’ in connection with a social security
account number, or a derivative thereof, means the inten-
tional placing of such number or derivative in a viewable
manner on an Internet site that is available to the general
public or in any other manner intended to provide access
to such number or derivative by the general public. Each
such agency or instrumentality or trustee shall ensure that
access to such numbers, and any derivative of such num-
bers, is restricted to persons who may obtain them in ac-
cordance with this clause and other applicable law.’’.
(b) EFFECTIVE DATE.—Agencies and instrumental-
ities and trustees (and agents thereof) shall comply with
the requirements of clause (xi) of section 205(c)(2)(C) of
the Social Security Act (added by this section) as soon
as practicable after the date of the enactment of this Act.
Such clause (xi) shall apply with respect to all displays
originally occurring after 3 years after the date of the en-
actment of this Act.
SEC. 103. PROHIBITION OF THE DISPLAY OF SOCIAL SECU-
RITY 
ACCOUNT 
NUMBERS 
ON 
CHECKS
ISSUED FOR PAYMENT BY GOVERNMENTAL
AGENCIES.
(a) IN GENERAL.—Section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by the
preceding provisions of this title) is amended further by
adding at the end the following new clause:
‘‘(xii) No executive, legislative, or judicial agency or
instrumentality of the Federal Government or of a State
or a political subdivision thereof or trustee appointed in
a case under title 11, United States Code (or person act-
ing as an agent of such an agency or instrumentality or
trustee) may include the social security account number
of any individual on any check issued for any payment
by the Federal Government, any State or political subdivi-
sion thereof, or any agency or instrumentality thereof, or
such trustee or on any document attached to or accom-
panying such a check.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply with respect to violations occurring
after 3 years after the date of the enactment of this Act.
SEC. 104. PROHIBITION OF THE APPEARANCE OF SOCIAL
SECURITY ACCOUNT NUMBERS ON DRIVER’S
LICENSES OR MOTOR VEHICLE REGISTRA-
TIONS.
(a) IN GENERAL.—Section 205(c)(2)(C)(vi) of the
Social Security Act (42 U.S.C. 405(c)(2)(C)(vi)) is
amended—
(1) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and
(2) by adding at the end the following new sub-
clause:
‘‘(II) A State or political subdivision thereof (and any
person acting as an agent of such an agency or instrumen-
tality), in the administration of any driver’s license or
motor vehicle registration law within its jurisdiction, may
not disclose the social security account numbers issued by
the Commissioner of Social Security, or any derivative of
such numbers, on any driver’s license or motor vehicle reg-
istration or any other document issued by such State or
political subdivision to an individual for purposes of identi-
fication of such individual.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to licenses, registra-
tions, and other documents issued or reissued after 3
years after the date of the enactment of this Act.
SEC. 105. PROHIBITION OF THE DISPLAY BY GOVERN-
MENTAL AGENCIES OF PERSONAL IDENTI-
FICATION NUMBERS.
(a) IN GENERAL.—Section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by the
preceding provisions of this title) is amended further by
adding at the end the following new clause:
‘‘(xiii) No executive, legislative, or judicial agency or
instrumentality of the Federal Government or of a State
or political subdivision thereof (or person acting as an
agent of such an agency or instrumentality) may display
the social security account number, or any derivative of
such number, on any card or tag that is commonly pro-
vided to employees for purposes of identification and that
is to be maintained for continual, open display by the em-
ployees.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply with respect to violations occurring
after 3 years after the date of the enactment of this Act.
SEC. 106. PROHIBITION OF INMATE ACCESS TO SOCIAL SE-
CURITY ACCOUNT NUMBERS.
(a) IN GENERAL.—Section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by the
preceding provisions of this title) is amended further by
adding at the end the following new clause:
‘‘(xiv) No executive, legislative, or judicial agency or
instrumentality of the Federal Government or of a State
or political subdivision thereof (or person acting as an
agent of such an agency or instrumentality) may employ,
or enter into a contract for the use or employment of, pris-
oners in any capacity that would allow such prisoners ac-
cess to the social security account numbers of other indi-
viduals. For purposes of this clause, the term ‘prisoner’
means an individual confined in a jail, prison, or other
penal institution or correctional facility pursuant to such
individual’s conviction of a criminal offense.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply with respect to employment of pris-
oners, or entry into contract with prisoners, after 1 year
after the date of the enactment of this Act.
SEC. 
107. 
INDEPENDENT 
VERIFICATION 
OF 
BIRTH
RECORDS PROVIDED IN SUPPORT OF APPLI-
CATIONS FOR SOCIAL SECURITY ACCOUNT
NUMBERS.
(a) IN GENERAL.—Section 205(c)(2)(B)(ii) of the
Social Security Act (42 U.S.C. 405(c)(2)(B)(ii)) is amend-
ed by adding at the end the following new sentence: ‘‘With
respect to an application for a social security account
number for an individual other than for purposes of enu-
meration at birth, the Commissioner shall require inde-
pendent verification of any birth record provided by the
applicant in support of the application.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to applications filed
after 1 year after the date of the enactment of this Act.
(c) REPORT ON ENUMERATION OF ALIENS AT AD-
MISSION.—Not later than 1 year after the date of the en-
actment of this Act, the Commissioner of Social Security
and the Attorney General of the United States shall jointly
submit a report detailing the progress of the Social Secu-
rity Administration and the Immigration and Naturaliza-
tion Service in implementing a process, at the admission
of aliens to the United States, for enumeration of those
aliens who have need of a social security account number.
Such report shall be submitted to the Committee on Ways
and Means and the Committee on the Judiciary of the
House of Representatives and the Committee on Finance
and the Committee on the Judiciary of the Senate.
TITLE 
II—PROVISIONS 
RELAT-
ING TO THE SOCIAL SECU-
RITY ACCOUNT NUMBER IN
THE PRIVATE SECTOR
SEC. 201. PROHIBITION OF THE SALE, PURCHASE, OR DIS-
PLAY OF THE SOCIAL SECURITY ACCOUNT
NUMBER IN THE PRIVATE SECTOR.
(a) IN GENERAL.—Title II of the Social Security Act
is amended by inserting after section 208 (42 U.S.C. 408)
the following new section:
‘‘PROHIBITION OF THE SALE, PURCHASE, OR DISPLAY OF
THE SOCIAL SECURITY ACCOUNT NUMBER
‘‘SEC. 208A. (a) DEFINITIONS.—In this section:
‘‘(1) PERSON.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘person’ means any indi-
vidual, partnership, corporation, trust, estate,
cooperative, association, or any other entity.
‘‘(B) GOVERNMENTAL
ENTITIES.—Such
term does not include a governmental entity.
Nothing in this subparagraph shall be con-
strued to authorize, in connection with a gov-
ernmental entity, an act or practice otherwise
prohibited 
under 
this 
section 
or 
section
205(c)(2)(C).
‘‘(2) SALE.—The term ‘sell’ in connection with
a social security account number means to obtain,
directly or indirectly, anything of value in exchange
for such number. Such term does not include the
submission of such number as part of the process
for applying for any type of Government benefits or
programs (such as grants or loans or welfare or
other public assistance programs).
‘‘(3) PURCHASE.—The term ‘purchase’ in con-
nection with a social security account number means
to provide, directly or indirectly, anything of value in
exchange for such number. Such term does not in-
clude the submission of such number as part of the
process for applying for any type of Government
benefit or programs (such as grant or loan applica-
tions or welfare or other public assistance pro-
grams).
‘‘(4) DISPLAY.—The term ‘display’ means, in
connection with a social security account number,
the intentional placing of such number, or a deriva-
tive thereof, in a viewable manner on an Internet
site that is available to the general public or in any
other manner intended to provide access to such
number or derivative by the general public.
‘‘(5) SOCIAL
SECURITY
ACCOUNT
NUMBER.—
The term ‘social security account number’ has the
meaning given such term in section 208(c).
‘‘(b) PROHIBITION.—Except as provided in sub-
section (c), it shall be unlawful for any person to—
‘‘(1) sell, purchase, or display a social security
account number, or
‘‘(2) obtain or use any individual’s social secu-
rity account number for the purpose of locating or
identifying such individual with the intent to phys-
ically injure or harm such individual or using the
identity of such individual for any illegal purpose.
‘‘(c) EXCEPTIONS.—Subsection (b)(1) shall not apply
with respect to any sale, purchase, or display of social se-
curity account numbers solely to the extent provided in
this subsection (and for no other purpose) as follows:
‘‘(1) to the extent necessary for law enforce-
ment, including (but not limited to) the enforcement
of a child support obligation;
‘‘(2) to the extent necessary for national secu-
rity purposes;
‘‘(3) to the extent necessary for public health
purposes;
‘‘(4) to the extent necessary in emergency situa-
tions to protect the health or safety of 1 or more in-
dividuals;
‘‘(5) to the extent necessary for research con-
ducted for the purpose of advancing public knowl-
edge, on the condition that the researcher provides
adequate assurances that—
‘‘(A) the social security account numbers
will not be used to harass, target, or publicly
reveal information concerning any identifiable
individuals;
‘‘(B) information about identifiable individ-
uals obtained from the research will not be used
to make decisions that directly affect the rights,
benefits, or privileges of specific individuals;
and
‘‘(C) the researcher has in place appro-
priate safeguards to protect the privacy and
confidentiality of any information about identi-
fiable individuals;
‘‘(6) to the extent consistent with an individ-
ual’s voluntary and affirmative written consent to
the sale, purchase, or display of a social security ac-
count number that has been assigned to that indi-
vidual; and
‘‘(7) 
under 
such 
other 
appropriate 
cir-
cumstances as the Attorney General of the United
States may determine appropriate, in consultation
with the Commissioner of Social Security, the Fed-
eral Trade Commission, State attorneys general, and
such other governmental agencies or instrumental-
ities as the Attorney General of the United States
considers appropriate.
‘‘(d) CRIMINAL PENALTY.—Any person who violates
this section shall be guilty of a felony and upon conviction
thereof shall be fined under title 18, United States Code,
or imprisoned for not more than 5 years, or both.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply with respect to violations occurring
after 30 days after the date of the issuance by the Attor-
ney General of the United States of final regulations
under section (c).
(c) RULEMAKING BY THE ATTORNEY GENERAL.—
(1) IN
GENERAL.—Not later than 180 days
after the date of the enactment of this Act, the At-
torney General of the United States shall promul-
gate regulations in accordance with section 553 of
title 5, United States Code, under section 208A of
the Social Security Act (added by this section).
(2) FACTORS FOR CONSIDERATION.—
(A) IN
GENERAL.—In promulgating the
regulations described in paragraph (1), the At-
torney General shall impose restrictions and
conditions on the sale, purchase, and display of
social security account numbers, and on any
unfair or deceptive acts or practices in connec-
tion with the sale, purchase, or display of social
security account numbers, to the extent
necessary—
(i) to provide reasonable assurances
that social security account numbers will
not be used to commit or facilitate fraud,
deception, or crime, or
(ii) to prevent an undue risk of bodily,
emotional, or financial harm to an indi-
vidual,
except that any such restriction or condition
shall be no broader than necessary to accom-
plish such purpose described in clause (i) or
(ii).
(B) REQUIRED CONSIDERATIONS FOR PRE-
VENTION
OF
UNDUE
RISK.—For purposes of
subparagraph (A)(ii), the Attorney General
shall consider—