SEC. 103. PROHIBITION OF DISPLAY OF SOCIAL SECURITY 
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 
section 101) is amended further by adding at the end the 
following new clause: 
‘‘(xi) 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 (or any derivative of such number) on 
any check issued for any payment by the Federal Govern-
ment, any State or political subdivision thereof, or any 
agency or instrumentality thereof, or such trustee or on 
any document attached to or accompanying such a 
check.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to checks (and docu-
ments attached to or accompanying such checks) issued 
after 1 year after the date of the enactment of this Act.
SEC. 104. PROHIBITION OF THE DISPLAY OF PERSONAL 
IDENTIFICATION 
NUMBERS 
ON 
GOVERN-
MENT EMPLOYEE IDENTIFICATION CARDS OR 
TAGS. 
(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 political subdivision thereof, and no other person offer-
ing benefits in connection with an employee benefit plan 
maintained by such agency or instrumentality or acting 
as an agent of such agency or instrumentality, may display 
a social security account number (or any derivative there-
of) on any card or tag that is commonly provided to em-
ployees of such agency or instrumentality (or to their fam-
ily members) for purposes of identification or include on 
such card or tag a magnetic strip, bar code, or other 
means of communication which conveys such number.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to cards or tags issued 
after 1 year after the date of the enactment of this Act.
SEC. 105. 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: 
‘‘(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 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.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendment made by this section shall 
apply with respect to employment of prisoners, or 
entry into contract for the use or employment of 
prisoners, on or after the date of the enactment of 
this Act. 
(2) 
TREATMENT
OF
CURRENT
ARRANGE-
MENTS.—In the case of—
(A) prisoners employed as described in 
clause (xiii) of section 205(c)(2)(C) of the So-
cial Security Act (as added by this section) on 
the date of the enactment of this Act, and 
(B) contracts described in such clause in 
effect on such date, 
the amendment made by this section shall take ef-
fect 90 days after the date of the enactment of this 
Act. 
SEC. 106. MEASURES TO PRECLUDE UNAUTHORIZED DIS-
CLOSURE OF SOCIAL SECURITY ACCOUNT 
NUMBERS AND PROTECT THE CONFIDEN-
TIALITY OF SUCH 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) Except as otherwise provided in this para-
graph, in the case of any executive, legislative, or judicial 
agency or instrumentality of the Federal Government or 
of a State or political subdivision thereof and any trustee 
appointed in a case under title 11, United States Code 
(and any agent of such agency, instrumentality, or trust-
ee) having in its possession an individual’s social security 
account number—
‘‘(I) no officer or employee thereof shall have 
access to such number for any purpose other than 
the effective administration of the statutory provi-
sions governing its functions, 
‘‘(II) such agency, instrumentality, trustee, or 
agent shall restrict, to the satisfaction of the Com-
missioner of Social Security, access to social security 
account numbers obtained thereby to officers and 
employees thereof whose duties or responsibilities re-
quire access for the administration or enforcement 
of such provisions, and 
‘‘(III) such agency, instrumentality, trustee, or 
agent shall provide such other safeguards as the 
Commissioner of Social Security determines to be 
necessary or appropriate to preclude unauthorized 
access to the social security account number and to 
otherwise protect the confidentiality of such number. 
For purposes of this clause the term social security ac-
count number includes any derivative thereof.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect 1 year after the date of the 
enactment of this Act.
SEC. 107. PROHIBITION OF THE SALE, PURCHASE, AND DIS-
PLAY TO THE GENERAL PUBLIC OF THE SO-
CIAL 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, AND DISPLAY 
TO THE GENERAL PUBLIC OF THE SOCIAL SECURITY 
ACCOUNT NUMBER IN THE PRIVATE SECTOR 
‘‘Definitions 
‘‘SEC. 208A. (a) For purposes of 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) SELLING AND PURCHASING.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B)— 
‘‘(i) SELL.—The term ‘sell’ in connec-
tion with a social security account number 
means to obtain, directly or indirectly, any-
thing of value in exchange for such num-
ber. 
‘‘(ii) PURCHASE.—The term ‘pur-
chase’ in connection with a social security 
account number means to provide, directly 
or indirectly, anything of value in exchange 
for such number. 
‘‘(B) EXCEPTIONS.—The terms ‘sell’ and 
‘purchase’ in connection with a social security 
account number do not include the submission 
of such number as part of— 
‘‘(i) the process for applying for any 
type of Government benefits or programs 
(such as grants or loans or welfare or 
other public assistance programs), 
‘‘(ii) the administration of, or provi-
sion of benefits under, an employee benefit 
plan, or 
‘‘(iii) the sale, lease, merger, transfer, 
or exchange of a trade or business.
‘‘(3) DISPLAY TO THE GENERAL PUBLIC.— 
‘‘(A) IN GENERAL.—The term ‘display to 
the general public’ means, in connection with a 
social security account number, to intentionally 
place such number in a viewable manner on an 
Internet site that is available to the general 
public or to make such number available in any 
other manner intended to provide access to such 
number by the general public. 
‘‘(B) INTERNET TRANSMISSIONS.—In any 
case in which a person requires, as a condition 
of doing business with such person, transmittal 
to such person of an individual’s social security 
account number by means of the Internet with-
out reasonable provisions to ensure that such 
number is encrypted or otherwise secured from 
disclosure, any such transmittal of such number 
as so required shall be treated as a ‘display to 
the general public’ of such number by such per-
son. 
‘‘(4) SOCIAL
SECURITY
ACCOUNT
NUMBER.— 
The term ‘social security account number’ has the 
meaning given such term in section 208(c), except 
that such term includes any derivative of such num-
ber. Notwithstanding the preceding sentence, any ex-
pression, contained in or on any item sold or dis-
played to the general public, shall not be treated as 
a social security account number solely because such 
expression sets forth not more than the last 4 digits 
of such number, if the remainder of such number 
cannot be determined based solely on such expres-
sion or any other matter presented in or on such 
item. 
‘‘Prohibition of Sale, Purchase, and Display to the 
General Public 
‘‘(b)(1) Except as provided in paragraph (2), it shall 
be unlawful for any person to— 
‘‘(A) sell or purchase a social security account 
number or display to the general public a social se-
curity account number, or 
‘‘(B) 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. 
‘‘(2) Notwithstanding paragraph (1), and subject to 
paragraph (3), a social security account number may be 
sold or purchased by any person to the extent provided 
in this subsection (and for no other purpose) as follows:
‘‘(A) to the extent necessary for law enforce-
ment, including (but not limited to) the enforcement 
of a child support obligation, as determined under 
regulations 
issued 
as 
provided 
in 
section 
205(c)(2)(I); 
‘‘(B) to the extent necessary for national secu-
rity purposes, as determined under regulations 
issued as provided in section 205(c)(2)(I); 
‘‘(C) to the extent necessary for public health 
purposes; 
‘‘(D) to the extent necessary in emergency situ-
ations to protect the health or safety of 1 or more 
individuals; 
‘‘(E) to the extent that the sale or purchase is 
required to comply with a tax law of the United 
States or of any State (or political subdivision there-
of); 
‘‘(F) to the extent that the sale or purchase is 
to or by a consumer reporting agency (as defined in 
section 603(f) of the Fair Credit Reporting Act (15 
U.S.C. 1681a(f))) for use or disclosure solely for 
permissible purposes described in section 604(a) of 
such Act (15 U.S.C. 1681b(a)); and 
‘‘(G) to the extent necessary for research (other 
than market research) conducted by an agency or in-
strumentality of the United States or of a State or 
political subdivision thereof (or an agent of such an 
agency or instrumentality) for the purpose of ad-
vancing the public good, on the condition that the 
researcher provides adequate assurances that— 
‘‘(i) the social security account numbers 
will not be used to harass, target, or publicly 
reveal information concerning any identifiable 
individuals; 
‘‘(ii) 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 
‘‘(iii) the researcher has in place appro-
priate safeguards to protect the privacy and 
confidentiality of any information about identi-
fiable individuals, including procedures to en-
sure that the social security account numbers 
will be encrypted or otherwise appropriately se-
cured from unauthorized disclosure. 
‘‘(3) Notwithstanding paragraph (1), a social security 
account number assigned to an individual may be sold, 
purchased, or displayed to the general public by any per-
son—
‘‘(A) to the extent consistent with such individ-
ual’s voluntary and affirmative written consent to 
the sale, purchase, or display of the social security 
account number, but only if— 
‘‘(i) the terms of the consent and the right 
to refuse consent are presented to the individual 
in a clear, conspicuous, and understandable 
manner, 
‘‘(ii) the individual is placed under no obli-
gation to provide consent to any such sale, pur-
chase, or display, and 
‘‘(iii) the terms of the consent authorize 
the individual to limit the sale, purchase, or dis-
play to purposes directly associated with the 
transaction with respect to which the consent is 
sought, and 
‘‘(B) under such circumstances as may be 
deemed appropriate in regulations issued as provided 
under section 205(c)(2)(I). 
‘‘(4) In the case of social security account numbers 
which constitute personally identifiable medical informa-
tion— 
‘‘(A) the Commissioner of Social Security, with 
respect to medical research referred to in paragraph 
(3)(A), and
‘‘(B) the Attorney General of the United States, 
with respect to any medical research not referred to 
in paragraph (3)(A) but which is treated in regula-
tions of the Attorney General issued pursuant to 
paragraph (3)(B), 
shall maintain ongoing consultation with the Office for 
Civil Rights of the Department of Health and Human 
Services to ensure that the sale or purchase of such social 
security account numbers is permitted only in compliance 
with existing Federal rules and regulations prescribed by 
the Secretary of Health and Human Services pursuant to 
section 264(c) of the Health Insurance Portability and Ac-
countability Act of 1996 (110 Stat. 2033). 
‘‘Prohibition of Unauthorized Disclosure to Government 
Agencies or Instrumentalities 
‘‘(c)(1) It shall be unlawful for any person to commu-
nicate by any means to any agency or instrumentality of 
the United States or of any State or political subdivision 
thereof the social security account number of any indi-
vidual other than such person without the written permis-
sion of such individual, unless the number was requested 
by the agency or instrumentality. In the case of an indi-
vidual who is legally incompetent, permission provided by 
the individual’s legal representatives shall be deemed to 
be permission provided by such individual.
‘‘(2) Paragraph (1) shall not apply to the extent nec-
essary— 
‘‘(A) for law enforcement, including (but not 
limited to) the enforcement of a child support obliga-
tion, or 
‘‘(B) for national security purposes, 
as determined under regulations issued as provided under 
section 205(c)(2)(I). 
‘‘Prohibition of the Displays on Cards or Tags Required 
for Access to Goods, Services, or Benefits 
‘‘(d) No person may display a social security account 
number on any card or tag issued to any other person 
for the purpose of providing such other person access to 
any goods, services, or benefits or include on such card 
or tag a magnetic strip, bar code, or other means of com-
munication which conveys such number. 
‘‘Prohibition of the Displays on Employee Identification 
Cards or Tags 
‘‘(e) No person that is an employer, and no other per-
son offering benefits in connection with an employee ben-
efit plan maintained by such employer or acting as an 
agent of such employer, may display a social security ac-
count number on any card or tag that is commonly pro-
vided to employees of such employer (or to their family 
members) for purposes of identification or include on such
card or tag a magnetic strip, bar code, or other means 
of communication which conveys such number. 
‘‘Measures to Preclude Unauthorized Disclosure of Social 
Security Account Numbers and Protect the Con-
fidentiality of Such Numbers 
‘‘(f) Subject to the preceding provisions of this sec-
tion, any person having in such person’s records the social 
security account number of any individual other than such 
person shall, to the extent that such records are main-
tained for the conduct of such person’s trade or busi-
ness— 
‘‘(1) ensure that no officer or employee thereof 
has access to such number for any purpose other 
than as necessary for the conduct of such person’s 
trade or business, 
‘‘(2) restrict, in accordance with regulations of 
the Commissioner, access to social security account 
numbers obtained thereby to officers and employees 
thereof whose duties or responsibilities require ac-
cess for the conduct of such person’s trade or busi-
ness, and 
‘‘(3) provide such safeguards as may be speci-
fied, in regulations of the Commissioner, to be nec-
essary or appropriate to preclude unauthorized ac-
cess to the social security account number and to 
otherwise protect the confidentiality of such number. 
‘‘Deceased Individuals 
‘‘(g) This section does not apply with respect to the 
social security account number of a deceased individual. 
‘‘Criminal Penalty 
‘‘(h) 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. 
‘‘Applicability of Other Protections 
‘‘(i) Nothing in this section shall be construed to su-
persede, alter, or affect any restriction or limitation on 
the sale, purchase, display to the general public, or other 
disclosure of social security account numbers, provided in 
any Federal statute, regulation, order, or interpretation, 
if the restriction or limitation is greater than that provided 
under this section, as determined under applicable regula-
tions issued by the Commissioner of Social Security or by 
the Attorney General of the United States or another 
agency or instrumentality of the United States as provided 
in section 205(c)(2)(I).’’. 
(b) EFFECTIVE DATE AND RELATED RULES.— 
(1) IN GENERAL.—Initial final regulations pre-
scribed to carry out the provisions of section 208A
of the Social Security Act (added by this section) 
shall be issued not later than the last date of the 
18th calendar month following the date of the enact-
ment of this Act. Such provisions shall take effect, 
with respect to matters governed by such regulations 
issued by the Commissioner of Social Security, or 
(pursuant to section 205(c)(2)(I) of such Act (added 
by section 102)) by the Attorney General of the 
United States or any other agency or instrumen-
tality of the United States, 1 year after the date of 
the issuance of such regulations by the Commis-
sioner, the Attorney General, or such other agency 
or instrumentality, respectively. Section 208A(b) of 
such Act shall apply in the case of displays to the 
general public (as defined in section 208A(a)(3) of 
such Act) to such displays to the general public 
originally occurring after such 1-year period. Such 
provisions shall not apply with respect to any such 
display to the general public of a record (containing 
a social security account number (or any derivative 
thereof)) generated prior to the close of such 1-year 
period. 
(2) SUNSET OF EXCEPTION.—The last sentence 
of section 208A(a)(4) of the Social Security Act 
(added by this section) shall cease to be effective
with respect to sales, purchases, or displays to the 
general public occurring after 6 years after the 18th 
calendar month referred to in paragraph (1). 
SEC. 108. 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 for use or disclosure solely for permissible purposes 
described in section 604(a).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect 90 days after the date of the 
enactment of this Act. 
SEC. 109. 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 expressly 
required under Federal law, in connection with doing busi-
ness with an individual, to submit to the Federal Govern-
ment such individual’s social security account number. 
(c) EFFECTIVE DATE.—The preceding provisions of 
this section shall apply with respect to acts or practices 
committed after 180 days after the date of the enactment 
of this Act.