I 
108TH CONGRESS 
1ST SESSION H. R. 2633
To establish methods for preventing identity theft and to amend the Fair 
Credit Reporting Act to protect consumers’ sensitive, private health-
related information, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2003
Mr. EMANUEL (for himself, Mr. OSE, Mr. FROST, Mr. SANDERS, Ms. HOOLEY 
of Oregon, Mr. OBERSTAR, Ms. DELAURO, Mr. BOUCHER, Mr. DAVIS of 
Alabama, Ms. CARSON of Indiana, Mr. DAVIS of Illinois, Mr. LANTOS, 
Mr. CARDOZA, Mr. TIERNEY, Mr. CASE, Mr. GRIJALVA, Mrs. MCCARTHY 
of New York, Ms. LINDA T. SA´NCHEZ of California, and Mr. SERRANO) 
introduced the following bill; which was referred to the Committee on 
Ways and Means, and in addition to the Committees on Energy and 
Commerce, the Judiciary, and Financial Services, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To establish methods for preventing identity theft and to 
amend the Fair Credit Reporting Act to protect con-
sumers’ sensitive, private health-related information, 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. 
This Act may be cited as the ‘‘Identity Theft Protec-
tion and Information Blackout Act of 2003’’.
SEC. 2. RESTRICTIONS ON THE SALE OF SOCIAL SECURITY 
ACCOUNT 
NUMBERS 
BY 
GOVERNMENTAL 
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 2 years after the date of the enactment of this Act. 
SEC. 3. 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 2) 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. Each such agency or instrumentality or trustee 
shall ensure that access to such numbers, and any deriva-
tive of such numbers, is restricted to persons who may 
obtain them in accordance with this clause and other ap-
plicable 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 2 years after the date of the en-
actment of this Act. 
SEC. 4. 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 Act) 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 2 years after the date of the enactment of this Act. 
SEC. 5. PROHIBITION OF THE APPEARANCE OF SOCIAL SE-
CURITY ACCOUNT NUMBERS ON DRIVER’S LI-
CENSES 
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 1 year 
after the date of the enactment of this Act.
SEC. 6. PROHIBITION OF THE SALE, PURCHASE, OR DIS-
PLAY OF THE SOCIAL SECURITY ACCOUNT 
NUMBER IN THE PRIVATE SECTOR. 
(a) PROHIBITION.—
(1) IN
GENERAL.—Chapter 47 of title 18, 
United States Code, is amended by inserting after 
section 1028 the following: 
‘‘§ 1028A. Prohibition of the display, sale, or purchase 
of social security numbers 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DISPLAY.—The term ‘display’ means to in-
tentionally communicate or otherwise make available 
(on the Internet or in any other manner) to the gen-
eral public an individual’s social security number.
‘‘(2) PERSON.—The term ‘person’ means any 
individual, partnership, corporation, trust, estate, co-
operative, association, or any other entity. 
‘‘(3) PURCHASE.—The term ‘purchase’ means 
providing directly or indirectly, anything of value in 
exchange for a social security number. 
‘‘(4) SALE.—The term ‘sale’ means obtaining, 
directly or indirectly, anything of value in exchange 
for a social security number. 
‘‘(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 1028B, 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
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 
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 1028 the following:
‘‘1028A. Prohibition of the display, sale, or purchase of social security num-
bers.’’.
(b) STUDY; REPORT.—
(1) IN GENERAL.—The Attorney General shall 
conduct a study and prepare a report on all of the 
uses of social security numbers permitted, required, 
authorized, or excepted under any Federal law. The 
report shall include a detailed description of the uses
allowed as of the date of enactment of this Act and 
shall evaluate whether such uses should be continued 
or discontinued by appropriate legislative action. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Attorney General 
shall report to Congress findings under this sub-
section. The report shall include such recommenda-
tions for legislation based on criteria the Attorney 
General determines to be appropriate. 
SEC. 7. 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, in connection 
with doing business with an individual, is required—
(1) under Federal law to submit to the Federal 
Government such individual’s Social Security ac-
count number; or 
(2) under Federal or State law to collect or use 
the individual’s Social Security account number. 
SEC. 8. 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 or as otherwise required by Federal 
law.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect 60 days after the date of the 
enactment of this Act. 
SEC. 9. 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 1028A of title 18, United 
States Code (relating to prohibition of the sale, pur-
chase, or display of the social security account num-
ber 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 
of the amendments made under section 2, 3, 4, or 5, as 
the case may be. 
SEC. 10. AUTHORITY FOR JUDICIAL ORDERS OF RESTITU-
TION. 
(a) TITLE 18 AMENDMENT.—Section 1028A of title 
18, United States Code, (as added by section 6 of this 
Act) is amended by adding at the end the following new 
subsection: 
‘‘(g) COURT ORDER FOR RESTITUTION.—
‘‘(1) IN GENERAL.—Any Federal court, when 
sentencing a defendant convicted of an offense under 
subsection (b), 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 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 consid-
ered 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 OF THE SOCIAL 
SECURITY ACT.—Section 807(i) of the Social Security 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 
the Social Security 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 807(i) 
or 1632(b) or under section 1028A(g) of title 18, United 
States Code, shall be credited to a special fund established 
in the Treasury of the United States for amounts so re-
ceived or recovered. The amounts so credited, to the extent 
and in the amounts provided in advance in appropriations 
Acts, shall be available to defray expenses incurred in car-
rying 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. 
SEC. 11. RESTRICTION ON USE OF CONSUMER MEDICAL IN-
FORMATION. 
(a) MEDICAL INFORMATION MAY NOT BE INCLUDED 
WITH TRANSACTION
AND EXPERIENCE REPORTS
OR 
SHARED WITH AFFILIATES.—Section 603(d)(2)(A) of the 
Fair Credit Reporting Act (15 U.S.C. 1681a(d)(2)(A)) is 
amended by striking ‘‘communicated among such per-
sons;’’ where such term appears at the end of clause (iii) 
and inserting ‘‘communicated among such persons, 
‘‘to the extent such report or communication 
does not contain any medical information;’’. 
(b) MEDICAL
INFORMATION
DEFINED.—Section 
603(i) of the Fair Credit Reporting Act (15 U.S.C. 
1681a(i)) is amended to read as follows: 
‘‘(i) MEDICAL INFORMATION.—The term ‘‘medical 
information’’ means—
‘‘(1) information or records obtained, with the 
consent of the individual to whom it relates, from li-
censed physicians or medical practitioners, hospitals, 
clinics, or other medical or medically related facili-
ties; and 
‘‘(2) any information, list or description based 
on, or derived from, information or records from li-
censed physicians or medical practitioners, hospitals, 
clinics, or other medical or medically related facili-
ties or transactions involving the services of such 
physicians, practitioners or facilities, including—
‘‘(A) any individualized list of a con-
sumer’s transactions involving individually iden-
tifiable medical information or services; 
‘‘(B) any individualized list or description 
of a consumer’s characteristics, interests or
preferences derived from individually identifi-
able medical information, services or trans-
actions; and 
‘‘(C) any aggregate list of consumers con-
taining or derived from individually identifiable 
medical information, services or transactions.’’
(c) USE
OF
MEDICAL
INFORMATION.—Section 
604(g) of the Fair Credit Reporting Act (15 U.S.C. 
1681b(g)) is amended to read as follows: 
‘‘(g) MEDICAL INFORMATION.—
‘‘(1) FURNISHING REPORTS CONTAINING MED-
ICAL INFORMATION.—A consumer reporting agency 
shall not furnish for employment purposes, or in 
connection with a credit or insurance transaction, a 
consumer report that contains medical information 
about a consumer, unless—
‘‘(A) the information to be furnished is rel-
evant and necessary to process or effect such 
employment or transaction requested by the 
consumer; and 
‘‘(B) the consumer provides specific writ-
ten consent for the furnishing of the report on 
a separate document that describes in clear and 
concise language the use for which the informa-
tion will be furnished.