Health Insurance Portability and Accountability Act of 
1996 (110 Stat. 2033). 
‘‘(VIII) Notwithstanding subclause (I), a social secu-
rity account number may be sold or displayed to the general 
public by a governmental entity under such other cir-
cumstances as may be specified in regulations issued as pro-
vided in section 1129C. 
‘‘(IX) This clause does not apply with respect to a so-
cial security account number of a deceased individual. 
‘‘(X) For purposes of this clause, the term ‘govern-
mental entity’ means an executive, legislative, or judicial 
agency or instrumentality of the Federal Government or of 
a State or political subdivision thereof, a federally recog-
nized Indian tribe, or a trustee appointed in a case under 
title 11, United States Code. Such term includes a person 
acting as an agent of such an agency or instrumentality, 
Indian tribe, or trustee. For purposes of this subclause, the 
term ‘State’ has the meaning provided in subparagraph 
(D)(iii)(II). 
‘‘(XI) For purposes of this clause, the term ‘sell’ means, 
in connection with a social security account, to obtain, di-
rectly 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, loans, 
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or welfare or other public assistance programs) or as part 
of the administration of, or provision of benefits under, an 
employee benefit plan. 
‘‘(XII) For purposes of this clause, the term ‘display 
to the general public’ shall have the meaning provided such 
term in section 208A(a)(3)(A). In any case in which a gov-
ernmental entity requires transmittal to such governmental 
entity of an individual’s social security account number by 
means of the Internet without ensuring that such number 
is encrypted or otherwise appropriately secured from disclo-
sure, any such transmittal of such number as so required 
shall be treated, for purposes of this clause, as a ‘display 
to the general public’ of such number by such governmental 
entity for purposes of this clause. 
‘‘(XIII) For purposes of this clause, the term ‘social 
security account number’ includes any derivative of such 
number. Notwithstanding the preceding sentence, any ex-
pression, contained in or on any item sold or displayed 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 
expression or any other matter presented in or on such item. 
‘‘(XIV) Nothing in the preceding subclauses of this 
clause shall be construed as superseding, altering, or affect-
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ing any statute, regulation, order, or interpretation in effect 
under any other Federal or State law, except to the extent 
that such statute, regulation, order, or interpretation is in-
consistent with such subclauses, and then only to the extent 
of the inconsistency. For purposes of this subclause, a stat-
ue, regulation, order, or interpretation is not inconsistent 
with the preceding subclauses of this clause if the protection 
such statute, regulation, order, or interpretation affords any 
person is greater than the protection provided under such 
subclauses.’’. 
(b) EFFECTIVE DATE AND RELATED RULES.— 
(1) IN GENERAL.—Initial final regulations pre-
scribed to carry out the provisions of section 
205(c)(2)(C)(x) 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 enactment of this Act. Such provisions shall take 
effect, with respect to matters governed by such regu-
lations issued by the Commissioner of Social Security 
or any other agency or instrumentality of the United 
States, 1 year after the date of the issuance of such 
regulations by the Commissioner or such other agency 
or instrumentality, respectively. Such provisions shall 
apply in the case of displays to the general public, as 
defined in section 208A(a)(3) of such Act (added by 
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section 8 of this Act), to such displays originally oc-
curring after such 1-year period. Such provisions 
shall not apply with respect to any display 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 
subclause (XIII) of section 205(c)(2)(C)(x) of the So-
cial Security Act (added by this section) shall cease 
to be effective with respect to sales or displays to the 
general public occurring after 2 years after the effec-
tive date of the initial final regulations prescribed to 
carry 
out 
the 
provisions 
of 
such 
section 
205(c)(2)(C)(x). 
SEC. 3. PROHIBITION OF DISPLAY OF SOCIAL SECURITY AC-
COUNT NUMBERS ON CHECKS ISSUED FOR 
PAYMENT BY GOVERNMENTAL ENTITIES. 
(a) IN GENERAL.—Section 205(c)(2)(C) of the Social 
Security Act (42 U.S.C. 405(c)(2)(C)) (as amended by sec-
tion 2 of this Act) is amended further by adding at the 
end the following new clause: 
‘‘(xi) No governmental entity (as defined in clause 
(x)(X)) may include the social security account number of 
any individual (or any derivative of such number) on any 
check issued for any payment by such governmental entity 
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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 documents 
attached to or accompanying such checks) issued after 1 
year after the date of the enactment of this Act. 
SEC. 4. PROHIBITION OF THE DISPLAY OF SOCIAL SECU-
RITY ACCOUNT NUMBERS ON CERTAIN GOV-
ERNMENT 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 Act) is amended further by add-
ing at the end the following new clause: 
‘‘(xii) No governmental entity (as defined in clause 
(x)(X)), and no other person offering benefits in connection 
with an employee benefit plan maintained by such govern-
mental entity, may display a social security account num-
ber (or any derivative thereof) on any card or tag that is 
commonly provided— 
‘‘(I) to employees of such governmental entity, 
‘‘(II) in the case of a governmental entity which 
is an educational institution, to its students, or 
‘‘(III) in the case of a governmental entity which 
is a medical institution, to its patients, 
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(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 num-
ber (or derivative thereof). The requirements of this clause 
shall also apply to the Medicare card issued by the Depart-
ment of Health and Human Services.’’. 
(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, except 
that the last sentence of section 205(c)(2)(C)(xii) (as added 
by this section) shall take effect 2 and one-half years after 
the date of the enactment of this Act. 
SEC. 5. PROHIBITION OF INMATE ACCESS TO SOCIAL SECU-
RITY 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 Act) is amended further by add-
ing at the end the following new clause: 
‘‘(xiii) No governmental entity (as defined in clause 
(x)(X)) may employ, or enter into a contract for the use 
or employment of, prisoners in any capacity that would 
allow such prisoners access to the social security account 
numbers of other individuals (or any derivatives of such 
numbers). For purposes of this clause, the term ‘prisoner’ 
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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 pris-
oners, on or after the date of the enactment of this 
Act. 
(2) TREATMENT OF CURRENT ARRANGEMENTS.— 
In the case of— 
(A) prisoners employed as described in 
clause (xiii) of section 205(c)(2)(C) of the Social 
Security Act (as added by this section) on the 
date of the enactment of this Act, and 
(B) contracts described in such clause in ef-
fect on such date, 
the amendment made by this section shall take effect 
90 days after the date of the enactment of this Act. 
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SEC. 6. MEASURES TO PRECLUDE UNAUTHORIZED DISCLO-
SURE BY GOVERNMENTAL ENTITIES OF SO-
CIAL SECURITY ACCOUNT NUMBERS AND 
PROTECT THE CONFIDENTIALITY 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 Act) is amended further by add-
ing at the end the following new clause: 
‘‘(xiv) Except as otherwise provided in this paragraph, 
in the case of any governmental entity (as defined in clause 
(x)(X)) having access to an individual’s social security ac-
count number— 
‘‘(I) no officer or employee thereof shall have ac-
cess to such number for any purpose other than the 
effective administration of the statutory provisions 
governing its functions, 
‘‘(II) such governmental entity shall restrict, to 
the satisfaction of the Commissioner of Social Secu-
rity, access to social security account numbers ob-
tained thereby to officers and employees thereof whose 
duties or responsibilities require access for the admin-
istration or enforcement of such provisions, and 
‘‘(III) such governmental entity shall provide 
such other safeguards as the Commissioner determines 
to be necessary or appropriate to preclude unauthor-
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ized access to the social security account number and 
to otherwise protect the confidentiality of such num-
ber. 
For purposes of this clause the term ‘social security account 
number’ includes any derivative thereof.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall take effect 1 year after the date of the enact-
ment of this Act. 
SEC. 7. UNIFORM STANDARDS FOR TRUNCATION OF THE 
SOCIAL SECURITY ACCOUNT NUMBER. 
(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 add-
ing at the end the following new clause: 
‘‘(xv) The truncation by any governmental entity (as 
defined in clause (x)(X)) or by any person in the private 
sector of an individual’s social security account number 
which is used by such governmental entity or person other-
wise in accordance with the requirements of this Act shall 
be in accordance with a uniform truncation standard which 
shall be specified in regulations prescribed by the Commis-
sioner of Social Security. Under such standard, the number 
as truncated shall set forth not more than the last 4 digits 
of the number. Nothing in this clause shall be construed to 
authorize any use of the social security account number 
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which is not otherwise authorized by this title or regulations 
prescribed thereunder.’’. 
(b) EFFECTIVE DATE.—Initial final regulations pre-
scribed 
to 
carry 
out 
the 
provisions 
of 
section 
205(c)(2)(C)(xv) 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 enactment 
of this Act. Such provisions shall take effect, with respect 
to matters governed by such regulations issued by the Com-
missioner or any other agency or instrumentality of the 
United States, 1 year after the date of the issuance of such 
regulations by the Commissioner or such other agency or 
instrumentality, respectively. 
SEC. 8. 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 AC-
COUNT NUMBER IN THE PRIVATE SECTOR 
‘‘SEC. 208A. (a) DEFINITIONS.—For purposes of this 
section: 
‘‘(1) PERSON.— 
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‘‘(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) EXCLUSION OF GOVERNMENTAL ENTI-
TIES.—Such term does not include a govern-
mental entity. Nothing in this subparagraph 
shall be construed to authorize, in connection 
with a governmental 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 number. 
‘‘(ii) PURCHASE.—The term ‘purchase’ 
in connection with a social security account 
number means to provide, directly or indi-
rectly, anything of value in exchange for 
such number. 
‘‘(B) EXCEPTIONS.—The terms ‘sell’ and 
‘purchase’ in connection with a social security 
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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 pub-
lic 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 transmittal to 
such person of an individual’s social security ac-
count number by means of the Internet without 
ensuring that such number is encrypted or other-
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wise well-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 person. 
‘‘(4) SOCIAL SECURITY ACCOUNT NUMBER.— 
‘‘(A) IN GENERAL.—The term ‘social secu-
rity account number’ has the meaning given 
such term in section 208(e), except that such 
term includes any derivative of such number. 
‘‘(B) 
4-DIGIT
EXPRESSION.—Notwith-
standing the preceding sentence, for purposes of 
subsection (b)(1)(A), any expression, contained 
in or on any item sold or displayed to the gen-
eral public, shall not be treated as a social secu-
rity account number solely because such expres-
sion 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 ex-
pression or any other matter presented in or on 
such item. 
‘‘(5) GOVERNMENTAL ENTITY.— 
‘‘(A) IN GENERAL.—The term ‘governmental 
entity’ means an executive, legislative, or judi-
cial agency or instrumentality of the Federal 
Government, a State or political subdivision 
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thereof, a federally recognized Indian tribe, or a 
trustee appointed in a case under title 11, 
United States Code. Such term includes a person 
acting as an agent of such an agency or instru-
mentality, Indian tribe, or trustee. 
‘‘(B) STATE.—The term ‘State’ includes the 
District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, the Com-
monwealth of the Northern Marianas, and the 
Trust Territory of the Pacific Islands. 
‘‘(b) PROHIBITION OF SALE, PURCHASE, AND DISPLAY 
TO THE GENERAL PUBLIC.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), it shall be unlawful for any person to— 
‘‘(A) sell or purchase a social security ac-
count number or display to the general public a 
social security account number, or 
‘‘(B) obtain or use any individual’s social 
security account number for the purpose of locat-
ing or identifying such individual with the in-
tent to harass, harm, or physically injure such 
individual or using the identity of such indi-
vidual for any illegal purpose. 
‘‘(2) EXCEPTIONS.— 
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‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), and subject to paragraph (3), a social 
security account number may be sold or pur-
chased by any person to the extent provided in 
this subsection (and for no other purpose) as fol-
lows: 
‘‘(i) to the extent necessary for law en-
forcement, including (but not limited to) the 
enforcement of a child support obligation, 
as determined under regulations issued as 
provided in section 1129C; 
‘‘(ii) to the extent necessary for na-
tional security purposes, as determined 
under regulations issued as provided in sec-
tion 1129C; 
‘‘(iii) to the extent necessary for public 
health purposes; 
‘‘(iv) to the extent necessary in emer-
gency situations to protect the health or 
safety of 1 or more individuals; 
‘‘(v) to the extent that the sale or pur-
chase is required to comply with a tax law 
of the United States or of any State (or po-
litical subdivision thereof); 
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‘‘(vi) to the extent that the sale or pur-
chase 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 
‘‘(vii) to the extent necessary for re-
search (other than market research) con-
ducted by an agency or instrumentality of 
the United States or of a State or political 
subdivision thereof (or a person acting as 
an agent of such an agency or instrumen-
tality) for the purpose of advancing the 
public good, on the condition that the re-
searcher 
provides 
adequate 
assurances 
that— 
‘‘(I) the social security account 
numbers will not be used to harass, 
target, or publicly reveal information 
concerning any identifiable individ-
uals; 
‘‘(II) information about identifi-
able individuals obtained from the re-
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search will not be used to make deci-
sions that directly affect the rights, 
benefits, or privileges of specific indi-
viduals; and 
‘‘(III) the researcher has in place 
appropriate safeguards to protect the 
privacy and confidentiality of any in-
formation about identifiable individ-
uals, including procedures to ensure 
that the social security account num-
bers will be encrypted or otherwise ap-
propriately secured from unauthorized 
disclosure. 
‘‘(B) MEDICAL RESEARCH.—In the case of 
research referred to in subparagraph (A)(vii) 
consisting of medical research, the Commissioner 
of Social Security shall maintain ongoing con-
sultation with the Office for Civil Rights of the 
Department of Health and Human Services to 
ensure that the sale or purchase of social security 
account numbers which constitute personally 
identifiable medical information is permitted 
only in compliance with existing Federal rules 
and regulations prescribed by the Secretary of 
Health and Human Services pursuant to section 
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264(c) of the Health Insurance Portability and 
Accountability Act of 1996 (110 Stat. 2033). 
‘‘(3) CONSENT AND OTHER CIRCUMSTANCES DE-
TERMINED BY REGULATION.—Notwithstanding para-
graph (1), a social security account number assigned 
to an individual may be sold or purchased by any 
person— 
‘‘(A) to the extent consistent with such indi-
vidual’s voluntary and affirmative written con-
sent to the sale or purchase, 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 un-
derstandable manner, 
‘‘(ii) the individual is placed under no 
obligation to provide consent to any such 
sale or purchase, and 
‘‘(iii) the terms of the consent authorize 
the individual to limit the sale or purchase 
to purposes directly associated with the 
transaction with respect to which the con-
sent is sought, and 
‘‘(B) under such circumstances as may be 
deemed appropriate in regulations issued as pro-
vided under section 1129C. 
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‘‘(c) PROHIBITION OF DISPLAY ON CHECKS.—It shall 
be unlawful for any person to include the social security 
account number of any other individual on any check issued 
for any payment by such person or on any document at-
tached to or accompanying such a check. 
‘‘(d) PROHIBITION OF UNAUTHORIZED DISCLOSURE 
TO GOVERNMENT AGENCIES OR INSTRUMENTALITIES.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person to communicate by any means to any agency 
or instrumentality of the United States or of any 
State or political subdivision thereof the social secu-
rity account number of any individual other than 
such person without the written permission 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 pro-
vided by the individual’s legal representatives shall be 
deemed to be permission provided by such individual. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to the extent necessary— 
‘‘(A) for law enforcement, including (but 
not limited to) the enforcement of a child support 
obligation, or 
‘‘(B) for national security purposes, 
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as determined under regulations issued as provided 
under section 1129C. 
‘‘(e) PROHIBITION OF THE DISPLAYS ON CARDS OR 
TAGS REQUIRED FOR ACCESS TO GOODS, SERVICES, OR 
BENEFITS.—No person may display a social security ac-
count 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 communica-
tion which conveys such number. 
‘‘(f) PROHIBITION OF THE DISPLAYS ON EMPLOYEE 
IDENTIFICATION CARDS OR TAGS.—No person that is an 
employer, and no other person offering benefits in connec-
tion with an employee benefit plan maintained by such em-
ployer or acting as an agent of such employer, may display 
a social security account number on any card or tag that 
is commonly provided 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. 
‘‘(g) MEASURES TO PRECLUDE UNAUTHORIZED DIS-
CLOSURE OF SOCIAL SECURITY ACCOUNT NUMBERS AND 
PROTECT THE CONFIDENTIALITY OF SUCH NUMBERS.— 
Subject to the preceding provisions of this section, any per-
son having access to the social security account number of 
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any individual other than such person shall, to the extent 
that such access is maintained for the conduct of such per-
son’s trade or business— 
‘‘(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 of Social Security, access to social 
security account numbers obtained thereby to officers 
and employees thereof whose duties or responsibilities 
require access for the conduct of such person’s trade 
or business, and 
‘‘(3) provide such safeguards as may be specified, 
in regulations of the Commissioner of Social Security, 
to be necessary or appropriate to preclude unauthor-
ized access to the social security account number and 
to otherwise protect the confidentiality of such num-
ber. 
‘‘(h) DECEASED INDIVIDUALS.—This section does not 
apply with respect to the social security account number 
of a deceased individual. 
‘‘(i) APPLICABILITY OF OTHER PROTECTIONS.—Noth-
ing in the preceding subsections of this section shall be con-
strued as superseding, altering, or affecting any statutory 
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provision, regulation, order, or interpretation in effect 
under any other Federal or State law, except to the extent 
that such statutory provision, regulation, order, or interpre-
tation is inconsistent with such subsections, and then only 
to the extent of the inconsistency. For purposes of this sub-
clause, a statutory provision, regulation, order, or interpre-
tation is not inconsistent with the preceding subsections of 
this section if the protection such statutory provision, regu-
lation, order, or interpretation affords any person is greater 
than the protection provided under such subsections.’’. 
(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 cal-
endar month following the date of the enactment of 
this Act. Such provisions shall take effect, with respect 
to matters governed by such regulations issued by the 
Commissioner of Social Security or any other agency 
or instrumentality of the United States, 1 year after 
the date of the issuance of such regulations by the 
Commissioner of Social Security 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 
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such Act) to such displays to the general public origi-
nally occurring after such 1-year period. Such provi-
sions 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.—Section 
208A(a)(4)(B) 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 oc-
curring after 2 years after the effective date of the ini-
tial final regulations prescribed to carry out the pro-
visions of section 208A of such Act. 
SEC. 9. NEW CRIMINAL PENALTIES FOR MISUSE OF SOCIAL 
SECURITY ACCOUNT NUMBERS. 
(a) IN GENERAL.—Section 208 of the Social Security 
Act (42 U.S.C. 408) is amended— 
(1) in subsection (a), by inserting ‘‘or’’ at the 
end of paragraph (8) and by inserting after para-
graph (8) the following new paragraph: 
‘‘(9) willfully acts or fails to act so as to cause 
a violation of section 208A(b)(1)(B);’’. 
(2) by redesignating subsections (b) through (e) 
as subsections (c) through (f), respectively; 
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(3) in subsection (c)(1) (as so redesignated), by 
inserting ‘‘or (b)’’ after ‘‘subsection (a)’’; and 
(4) by inserting after subsection (a) the following 
new subsection: 
‘‘(b)(1) Whoever— 
‘‘(A) 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 5 years or more— 
‘‘(i) possesses the social security account 
number of another person without lawful author-
ity, 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-
tained from the Social Security Administration 
by use of false information; 
if such activity is committed, or aided or abetted, 
with intent to use such social security account num-
ber, social security card, or other identifying informa-
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tion displayed on such card in furtherance of such 
violation; 
‘‘(B) 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 (vi)(II), (xi), (xii), or (xv) of section 
205(c)(2)(C); 
‘‘(C) being a trustee appointed in a case under 
title 11, United States Code (or an officer or employee 
thereof or a person acting as an agent thereof), will-
fully acts or fails to act so as to cause a violation of 
clause (xi) or (xv) of section 205(c)(2)(C); or 
‘‘(D) willfully acts or fails to act so as to cause 
a violation of subsection (c), (d), (e), or (f) of section 
208A or, as a person in the private sector, willfully 
acts or fails to act so as to cause a violation of section 
205(c)(2)(C)(xv); 
shall be guilty of a misdemeanor and upon conviction there-
of shall be fined under title 18, United States Code, or im-
prisoned for not more than 1 year, or both. 
‘‘(2)(A) Whoever— 
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‘‘(i) with intent to deceive, discloses, sells, or 
transfers his own social security account number, as-
signed to him by the Commissioner of Social Security 
(in the exercise of the Commissioner’s authority 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 employee 
thereof or a person acting as an agent thereof), will-
fully acts or fails to act so as to cause a violation of 
clause (x) or (xiv) of section 205(c)(2)(C); or 
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‘‘(v) willfully acts or fails to act so as to cause 
a violation of subsection (b)(1)(A) or (g) of section 
208A; 
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, im-
prisoned 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, impris-
oned not more than 5 years, or both.’’. 
(b) EFFECTIVE DATES.—The amendments made by 
this section shall apply with respect to each violation occur-
ring 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 amend-
ed— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (4) and (5), respectively; 
(2) by designating the last sentence of paragraph 
(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 assigned 
by the Commissioner of Social Security (in an exer-
cise of authority under section 205(c)(2) to establish 
and maintain records) on the basis of false informa-
tion furnished to the Commissioner by any person; 
‘‘(B) falsely represents a number to be the social 
security account number assigned by the Commis-
sioner of Social Security to any individual, when 
such person knows or should know that such number 
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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 ac-
count 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 establish-
ment and maintenance of the records provided for in 
section 205(c)(2); 
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‘‘(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 Security 
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 5 years or more— 
‘‘(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-
tained from the Social Security Administration 
by use of false information, 
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if such activity is committed, or aided or abetted, 
with intent to use such social security account num-
ber, social security card, or other identifying informa-
tion displayed on such card in furtherance of such 
violation; 
‘‘(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 employee 
thereof or a person acting as an agent thereof), will-
fully acts or fails to act so as to cause a violation 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 
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‘‘(N) violates section 208(g) (relating to fraud by 
social security administration employees); 
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 sustained 
by the United States resulting from such violation, of not 
more than twice the amount of any benefits or payments 
paid as a result of such violation.’’. 
(b) EFFECTIVE DATES.—The amendments made by 
this section shall apply with respect to violations committed 
after the date of the enactment of this Act, except that sub-
paragraphs (J), (K), (L), and (M) of section 1129(a)(3) of 
the Social Security Act (added by subsection (a)) shall 
apply with respect to violations of the provisions of clause 
(x), (xi), (xii), (xiii), (xiv), or (xv) of section 205(c)(2)(C) 
or section 208A occurring on or after the applicable effective 
date provided in connection with such provisions under sec-
tion 2, 3, 4, 5, 6, 7, or 8 of this Act. 
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SEC. 11. CRIMINAL PENALTIES FOR EMPLOYEES OF THE SO-
CIAL 
SECURITY 
ADMINISTRATION 
WHO 
KNOWINGLY AND FRAUDULENTLY ISSUE SO-
CIAL SECURITY CARDS OR SOCIAL SECURITY 
ACCOUNT NUMBERS. 
(a) IN GENERAL.—Section 208 of the Social Security 
Act (as amended by section 9) is amended further by adding 
at the end the following new subsection: 
‘‘(g)(1) Whoever is an employee of the Social Security 
Administration and knowingly and fraudulently sells or 
transfers one or more social security account numbers or 
social security cards shall, upon conviction, be guilty of a 
felony and fined under title 18, United States Code, impris-
oned as provided in paragraph (2), or both. 
‘‘(2) Imprisonment for a violation described in para-
graph (1) shall be for— 
‘‘(A) not more than 5 years, in the case of an 
employee of the Social Security Administration who 
has fraudulently sold or transferred not more than 50 
social security account numbers or social security 
cards, 
‘‘(B) not more than 10 years, in the case of an 
employee of the Social Security Administration who 
has fraudulently sold or transferred more than 50, but 
not more than 100, social security account numbers 
or social security cards, or 
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‘‘(C) not more than 20 years, in the case of an 
employee of the Social Security Administration who 
has fraudulently sold or transferred more than 100 
social security account numbers or social security 
cards. 
‘‘(3) For purposes of this subsection— 
‘‘(A) The term ‘social security employee’ means 
any State employee of a State disability determina-
tion service, any officer, employee, or contractor of the 
Social Security Administration, any employee of such 
a contractor, or any volunteer providing services or 
assistance in any facility of the Social Security Ad-
ministration. 
‘‘(B) The term ‘social security account number’ 
means a social security account number assigned by 
the Commissioner of Social Security under section 
205(c)(2)(B) or another number that has not been so 
assigned but is purported to have been so assigned. 
‘‘(C) The term ‘social security card’ means a 
card issued by the Commissioner of Social Security 
under section 205(c)(2)(G), another card which has 
not been so issued but is purported to have been so 
issued, and banknote paper of the type described in 
section 205(c)(2)(G) prepared for the entry of social 
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security account numbers, whether fully completed or 
not.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall apply with respect to violations occurring on 
or after the date of the enactment of this Act. 
SEC. 12. ENHANCED PENALTIES IN CASES OF TERRORISM, 
DRUG TRAFFICKING, CRIMES OF VIOLENCE, 
OR PRIOR OFFENSES. 
(a) AMENDMENTS TO TITLE II.—Section 208 of the 
Social Security Act (as amended by the preceding provi-
sions of this Act) is amended further— 
(1) in subsection (a), by striking ‘‘shall be fined’’ 
and all that follows and inserting the following: 
‘‘shall be fined, imprisoned, or both, as provided in 
subsection (c).’’; 
(2) in subsection (b)(2)(B)(ii) (as added by sec-
tion 9), by striking ‘‘be fined’’ and all that follows 
and inserting the following: ‘‘be fined, imprisoned, or 
both, as provided in subsection (c).’’; 
(3) by striking subsection (d); 
(4) by redesignating subsection (c) as subsection 
(d); and 
(5) by inserting after subsection (b) the following 
new subsection: 
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‘‘(c) A person convicted of a violation described in sub-
section (a) or a violation described in subsection (b)(2)(A) 
which is subject to subsection (b)(2)(B)(ii) shall be— 
‘‘(1) fined under title 18, United States Code, or 
imprisoned for not more than 5 years, or both, in the 
case of an initial violation, subject to paragraphs (3) 
and (4), 
‘‘(2) fined under title 18, United States Code, or 
imprisoned for not more than 10 years, or both, in 
the case of a violation which occurs after a prior con-
viction for another offense under subsection (a) be-
comes final, subject to paragraphs (3) and (4), 
‘‘(3) fined under title 18, United States Code, or 
imprisoned for not more than 20 years, in the case 
of a violation which is committed to facilitate a drug 
trafficking crime (as defined in section 929(a)(2) of 
title 18, United States Code) or in connection with a 
crime of violence (as defined in section 924(c)(3) of 
title 18, United States Code) involving force against 
the person of another, subject to paragraph (4), and 
‘‘(4) fined under title 18, United States Code, or 
imprisoned for not more than 25 years, in the case 
of a violation which is committed to facilitate an act 
of international or domestic terrorism (as defined in 
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paragraphs (1) and (5), respectively, of section 2331 
of title 18, United States Code).’’. 
(b) AMENDMENTS TO TITLE VIII.—Section 811 of such 
Act (42 U.S.C. 1011) is amended— 
(1) in subsection (a), by striking ‘‘shall be fined’’ 
and all that follows and inserting ‘‘shall be fined, im-
prisoned, or both, as provided in subsection (b).’’; 
(2) by redesignating subsection (b) as subsection 
(c); and 
(3) by inserting after subsection (a) the following 
new subsection: 
‘‘(b) PUNISHMENT.—A person convicted of a violation 
described in subsection (a) shall be— 
‘‘(1) fined under title 18, United States Code, or 
imprisoned for not more than 5 years, or both, in the 
case of an initial violation, subject to paragraphs (3) 
and (4), 
‘‘(2) fined under title 18, United States Code, or 
imprisoned for not more than 10 years, or both, in 
the case of a violation which occurs after a prior con-
viction for another offense under subsection (a) be-
comes final, subject to paragraphs (3) and (4), 
‘‘(3) fined under title 18, United States Code, or 
imprisoned for not more than 20 years, in the case 
of a violation which is committed to facilitate a drug 
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trafficking crime (as defined in section 929(a)(2) of 
title 18, United States Code) or in connection with a 
crime of violence (as defined in section 924(c)(3) of 
title 18, United States Code) involving force against 
the person of another, subject to paragraph (4), and 
‘‘(4) fined under title 18, United States Code, or 
imprisoned for not more than 25 years, in the case 
of a violation which is committed to facilitate an act 
of international or domestic terrorism (as defined in 
paragraphs (1) and (5), respectively, of section 2331 
of title 18, United States Code).’’. 
(c) AMENDMENTS TO TITLE XVI.—Section 1632 of 
such Act (42 U.S.C. 1383a) is amended— 
(1) in subsection (a), by striking ‘‘shall be fined’’ 
and all that follows and inserting ‘‘shall be fined, im-
prisoned, or both, as provided in subsection (b).’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(3) by inserting after subsection (a) the following 
new subsection: 
‘‘(b) A person convicted of a violation described in sub-
section (a) shall be— 
‘‘(1) fined under title 18, United States Code, or 
imprisoned for not more than 5 years, or both, in the 
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case of an initial violation, subject to paragraphs (3) 
and (4), 
‘‘(2) fined under title 18, United States Code, or 
imprisoned for not more than 10 years, or both, in 
the case of a violation which occurs after a prior con-
viction for another offense under subsection (a) be-
comes final, subject to paragraphs (3) and (4), 
‘‘(3) fined under title 18, United States Code, or 
imprisoned for not more than 20 years, in the case 
of a violation which is committed to facilitate a drug 
trafficking crime (as defined in section 929(a)(2) of 
title 18, United States Code) or in connection with a 
crime of violence (as defined in section 924(c)(3) of 
title 18, United States Code) involving force against 
the person of another, subject to paragraph (4), and 
‘‘(4) fined under title 18, United States Code, or 
imprisoned for not more than 25 years, in the case 
of a violation which is committed to facilitate an act 
of international or domestic terrorism (as defined in 
paragraphs (1) and (5), respectively, of section 2331 
of title 18, United States Code).’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to violations occurring after 
the date of the enactment of this Act. 
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SEC. 13. REGULATORY AND ENFORCEMENT AUTHORITY 
WITH RESPECT TO MISUSE OF THE SOCIAL 
SECURITY ACCOUNT NUMBER. 
Title XI of the Social Security Act is amended by in-
serting after section 1129B (42 U.S.C. 1320a–7b) the fol-
lowing new section: 
‘‘REGULATORY AND ENFORCEMENT AUTHORITY WITH RE-
SPECT TO MISUSE OF THE SOCIAL SECURITY ACCOUNT 
NUMBER 
‘‘SEC. 1129C. (a) REGULATORY AUTHORITY.— 
‘‘(1) IN GENERAL.—The Commissioner of Social 
Security shall prescribe regulations to carry out the 
provisions of clauses (vi)(II), (x), (xi), (xii), (xiii), 
(xiv), and (xv) of section 205(c)(2)(C) and section 
208A. Such regulations shall be issued in consultation 
with the Federal Trade Commission, the Attorney 
General of the United States, the Secretary of Home-
land Security, the Secretary of Health and Human 
Services, the Secretary of the Treasury, the Federal 
banking agencies (as defined in section 3 of the Fed-
eral Deposit Insurance Act), the National Credit 
Union Administration, the Securities and Exchange 
Commission, State attorneys general, and such rep-
resentatives of the State insurance commissioners as 
may be designated by the National Association of In-
surance Commissioners. 
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‘‘(2) TREATMENT OF MATTERS RELATING TO LAW 
ENFORCEMENT AND NATIONAL SECURITY.—In issuing 
the regulations described in paragraph (1) with re-
spect to the provisions of 205(c)(2)(C)(x)(III), para-
graph (A) or (B) of section 208A(b)(2), or section 
208A(c)(2) (relating to law enforcement and national 
security), the sale or purchase of Social Security ac-
count numbers may be authorized only if the Com-
missioner (or the agency or instrumentality delegated 
authority to issue such regulations under paragraph 
(5)) determines that— 
‘‘(A) such sale or purchase would serve a 
compelling public interest that cannot reasonably 
be served through alternative measures, and 
‘‘(B) such sale or purchase will not pose an 
unreasonable risk of identity theft, or bodily, 
emotional, or financial harm to an individual 
(taking into account any restrictions and condi-
tions that the agency or instrumentality issuing 
the regulations imposes on the sale, purchase, or 
disclosure). 
‘‘(3) TREATMENT OF OTHER MATTERS IN GEN-
ERAL DISCRETION OF THE COMMISSIONER.— 
‘‘(A) IN GENERAL.—In issuing the regula-
tions described in paragraph (1) with respect to 
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the provisions of section 205(c)(2)(C)(x)(VIII) or 
section 208A(b)(3)(B), the sale, purchase, or dis-
play to the general public of social security ac-
count numbers may be authorized only after con-
sidering, among other relevant factors— 
‘‘(i) the extent to which the authoriza-
tion of the sale, purchase, or display of the 
social security account number would serve 
a compelling public interest that cannot 
reasonably be served through alternative 
measures, 
‘‘(ii) the associated cost or burden of 
the authorization to the general public, 
businesses, commercial enterprises, non- 
profit organizations, and Federal, State, 
and local governments; and 
‘‘(iii) the associated benefit of the au-
thorization to the general public, businesses, 
commercial enterprises, non-profit associa-
tions, and Federal, State, and local govern-
ments. 
‘‘(B) RESTRICTIONS AND CONDITIONS.—If, 
after considering the factors in subparagraph 
(A), the sale, purchase, or display to the general 
public of social security account numbers is au-
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thorized under regulations referred to in sub-
paragraph (A), the Commissioner (or the agency 
or instrumentality delegated authority to issue 
such regulations under paragraph (5)) shall im-
pose restrictions and conditions on the sale, pur-
chase, or display to the general public to the ex-
tent necessary— 
‘‘(i) to provide reasonable assurances 
that social security account numbers will 
not be used to commit or facilitate fraud, 
deceptions, or crime, and 
‘‘(ii) to prevent an unreasonable risk of 
identity theft or bodily, emotional, or finan-
cial harm to any individual, considering 
the nature, likelihood, and severity of the 
anticipated harm that could result from the 
sale, purchase, or display to the general 
public of social security account numbers, 
together with the nature, likelihood, and ex-
tent of any benefits that could be realized. 
‘‘(C) 5-YEAR EXPIRATION DATE FOR REGU-
LATIONS.—At the end of the 5-year period begin-
ning on the effective date of any final regulations 
issued pursuant to this paragraph— 
‘‘(i) such regulations shall expire, and 
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‘‘(ii) new regulations may be issued 
pursuant to this paragraph. 
‘‘(4) 
ADMINISTRATIVE
PROCEDURE.—In 
the 
issuance of regulations pursuant to this subsection, 
notice shall be provided as described in paragraphs 
(1), (2), and (3) of section 553(b) of title 5, United 
States Code, and opportunity to participate in the 
rule making shall be provided in accordance with sec-
tion 553(c) of such title. 
‘‘(5) DELEGATION TO OTHER AGENCIES.—Any 
agency or instrumentality of the United States may 
exercise the authority of the Commissioner under this 
subsection, with respect to matters otherwise subject to 
regulation by such agency or instrumentality, to the 
extent determined appropriate in regulations of the 
Commissioner. 
‘‘(6) CONSULTATION AND COORDINATION.—Each 
agency and instrumentality exercising authority to 
issue regulations under this subsection shall consult 
and coordinate with the other such agencies and in-
strumentalities for the purposes of assuring, to the ex-
tent possible, that the regulations prescribed by each 
such agency or instrumentality are consistent and 
comparable, as appropriate, with the regulations pre-
scribed by the other such agencies and instrumental-
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ities. The Commissioner shall undertake to facilitate 
such consultation and coordination. 
‘‘(7) DEFINITIONS AND SPECIAL RULES.— 
‘‘(A) For purposes of this subsection, the 
terms ‘sell’, ‘purchase’, and ‘display to the gen-
eral public’ shall have the meanings provided 
such terms under section 205(c)(2)(C)(x) or sec-
tion 208A(a), as applicable. 
‘‘(B) For purposes of this subsection, section 
205(c)(2)(C)(x)(XI) shall apply. 
‘‘(b) COORDINATION OF ENFORCEMENT WITH OTHER 
AGENCIES.—The Commissioner may provide, by regula-
tion, for enforcement by any other agency or instrumen-
tality of the United States of the provisions of section 208A 
and regulations prescribed pursuant to subsection (a)(1) 
with respect to section 208A. 
‘‘(c) ACTIONS BY STATES WITH RESPECT TO MISUSE 
IN PRIVATE SECTOR OR BY STATE AND LOCAL GOVERN-
MENTS.— 
‘‘(1) CIVIL ACTIONS.—In any case in which the 
attorney general of a State (as defined in section 
205(c)(2)(C)(x)(X)) has reason to believe that an in-
terest of the residents of that State has been or is 
threatened or adversely affected by an act or practice 
described in paragraph (2), the State, as parens 
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patriae, may bring a civil action on behalf of the resi-
dents of the State in a district court of the United 
States of appropriate jurisdiction, to— 
‘‘(A) enjoin that act or practice; 
‘‘(B) enforce compliance with the regula-
tion; 
‘‘(C) obtain civil penalties in an amount of 
$11,000 per violation not to exceed a total of 
$5,000,000; or 
‘‘(D) obtain such other legal and equitable 
relief as the district court may consider to be ap-
propriate. 
Before filing an action under this subsection, the at-
torney general of the State involved shall provide to 
the Commissioner of Social Security and the Attorney 
General of the United States a written notice of that 
action and a copy of the complaint for that action. 
If the State attorney general determines that it is not 
feasible to provide the notice described in this sub-
paragraph before the filing of the action, the State at-
torney general shall provide the written notice and 
the copy of the complaint as soon after the filing of 
the complaint as practicable. Any reference in this 
subsection to the attorney general of a State shall be 
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deemed also to be a reference to any equivalent offi-
cial of such State. 
‘‘(2) ACTS OR PRACTICES SUBJECT TO ENFORCE-
MENT.—An act or practice described in this para-
graph is— 
‘‘(A) an act or practice by an executive, leg-
islative, or judicial agency or instrumentality of 
the State involved or a political subdivision 
thereof, a person acting as an agent thereof, or 
any officer or employee of the foregoing or person 
acting as an agent of the foregoing that violates 
clause (vi)(II), (x), (xi), (xii), (xiii), (xiv), or 
(xv) of section 205(c)(2)(C) or any regulation 
promulgated thereunder, or 
‘‘(B) an act or practice by any person that 
violates section 208A or any regulation promul-
gated thereunder. 
‘‘(3) ATTORNEY GENERAL AUTHORITY.—On re-
ceiving notice under paragraph (1), the Attorney 
General of the United States shall have the right— 
‘‘(A) to move to stay the action, pending the 
final disposition of a pending Federal matter as 
described in paragraph (4); 
‘‘(B) to intervene in an action under para-
graph (1); 
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‘‘(C) upon so intervening, to be heard on all 
matters arising therein; and 
‘‘(D) to file petitions for appeal. 
‘‘(4) PENDING CRIMINAL PROCEEDINGS.—If the 
Attorney General of the United States has instituted 
a criminal proceeding under section 208 alleging an 
act or practice described in paragraph (2) in connec-
tion with any State, such State may not, during the 
pendency of such proceeding or action, bring an ac-
tion under this subsection against any defendant 
named in the criminal proceeding. 
‘‘(5) RULE OF CONSTRUCTION.—For purposes of 
bringing any civil action under paragraph (1), noth-
ing in this subsection shall be construed to prevent an 
attorney general of a State from exercising the powers 
conferred on the attorney general by the laws of that 
State to conduct investigations, administer oaths and 
affirmations, or compel the attendance of witnesses or 
the production of documentary and other evidence. 
‘‘(6) VENUE; SERVICE OF PROCESS.—Any action 
brought under paragraph (1) may be brought in any 
district court of the United States that meets applica-
ble requirements relating to venue under section 1391 
of title 28, United States Code. In an action brought 
under paragraph (1), process may be served in any 
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