H.R. 2972 (ih) To redesignate the Stuttgart National Aquaculture Research Center in the State of Arkansas as the Harry K. Dupree Stuttgart National Aquaculture Research Center. [Introduced in House] ...

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                             <greek-th> x 


                             <greek-th> x 

                                                          <greek-th> x 
108th CONGRESS<greek-th> x 
  1st Session<greek-th> x 
                         H. R. 2971<greek-th> x 

  To amend the Social Security Act to enhance Social Security account 
number privacy protections, to prevent fraudulent misuse of the Social 
 Security account number, and to otherwise enhance protection against 
          identity theft, and for other purposes.<greek-th> x 


<greek-th> x __________________________________________________________


              IN THE HOUSE OF REPRESENTATIVES<greek-th> x 

                       July 25, 2003<greek-th> x 

Mr. Shaw (for himself, Mr. Matsui, Mr. Kleczka, Mr. Brady of Texas, Mr. 
   Becerra, Mr. English, Mr. Foley, Mr. Hayworth, Mr. Houghton, Mr. 
Jefferson, Mr. Sam Johnson of Texas, Mr. Levin, Mr. Lewis of Kentucky, 
   Mr. Lewis of Georgia, Mr. Neal of Massachusetts, Mr. Rangel, Mr. 
Sandlin, Mrs. Jones of Ohio, Ms. Baldwin, Mr. Bereuter, Mrs. Capps, Mr. 
Costello, Mr. Duncan, Mr. Filner, Mr. Frost, Ms. Hart, Mr. Hinchey, Mr. 
 Reynolds, Ms. Ros-Lehtinen, Mr. Saxton, and Mr. Wolf) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committees on Financial Services and Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
          jurisdiction of the committee concerned<greek-th> x 

<greek-th> x __________________________________________________________

                          A BILL<greek-th> x 


 
  To amend the Social Security Act to enhance Social Security account 
number privacy protections, to prevent fraudulent misuse of the Social 
 Security account number, and to otherwise enhance protection against 
          identity theft, and for other purposes.<greek-th> x 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <greek-th> x 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.<greek-th> x 

    (a) Short Title.--This Act may be cited as the ``Social Security 
Number Privacy and Identity Theft Prevention Act of 
2003''.<greek-th> x 
    (b) Table of Contents.--The table of contents is as 
follows:<greek-th> x 

<greek-th> x <greek-th><greek-e>Sec. 1. Short title and table of 
                            contents.<greek-th><greek-e>
 TITLE I--PROVISIONS RELATING TO THE SOCIAL SECURITY ACCOUNT NUMBER IN 
           THE PUBLIC AND PRIVATE SECTORS<greek-th><greek-e>

Sec. 101. Restrictions on the sale or display to the general public of 
                            social security account numbers by 
                            governmental agencies.<greek-th><greek-e>
Sec. 102. Regulatory authority of the Attorney General of the United 
                            States.<greek-th><greek-e>
Sec. 103. Prohibition of display of social security account numbers on 
                            checks issued for payment by governmental 
                            agencies.<greek-th><greek-e>
Sec. 104. Prohibition of the display of social security account numbers 
                            on driver's licenses or motor vehicle 
                            registrations.<greek-th><greek-e>
Sec. 105. Prohibition of the display of personal identification numbers 
                            on employee identification cards or 
                            tags.<greek-th><greek-e>
Sec. 106. Prohibition of inmate access to social security account 
                            numbers.<greek-th><greek-e>
Sec. 107. Prohibition of the sale, purchase, or display to the general 
                            public of the social security account 
                            number in the private 
                            sector.<greek-th><greek-e>
Sec. 108. Confidential treatment of credit header 
                            information.<greek-th><greek-e>
Sec. 109. Refusal to do business without receipt of social security 
                            account number considered unfair or 
                            deceptive act or 
                            practice.<greek-th><greek-e>
 TITLE II--MEASURES TO ENSURE THE INTEGRITY OF APPLICATIONS FOR SOCIAL 
       SECURITY ACCOUNT NUMBERS AND REPLACEMENT SOCIAL SECURITY 
                        CARDS<greek-th><greek-e>

Sec. 201. Independent verification of birth records provided in support 
                            of applications for social security account 
                            numbers and replacement social security 
                            cards.<greek-th><greek-e>
Sec. 202. Enumeration at birth.<greek-th><greek-e>
Sec. 203. Study relating to use of photographic identification in 
                            connection with applications for benefits, 
                            social security account numbers, and social 
                            security cards.<greek-th><greek-e>
Sec. 204. Restrictions on issuance of multiple replacement social 
                            security cards.<greek-th><greek-e>
Sec. 205. Study relating to modification of the social security account 
                            numbering system to show work authorization 
                            status.<greek-th><greek-e>
               TITLE III--ENFORCEMENT<greek-th><greek-e>

Sec. 301. New criminal penalties for misuse of social security account 
                            numbers.<greek-th><greek-e>
Sec. 302. Extension of civil monetary penalty 
                            authority.<greek-th><greek-e>
Sec. 303. Criminal penalties for employees of the Social Security 
                            Administration who knowingly and 
                            fraudulently issue social security cards or 
                            social security account 
                            numbers.<greek-th><greek-e>
Sec. 304. Enhanced penalties in cases of terrorism, drug trafficking, 
                            crimes of violence, or prior 
                            offenses.<greek-th><greek-e><greek-th> x 

 TITLE I--PROVISIONS RELATING TO THE SOCIAL SECURITY ACCOUNT NUMBER IN 
              THE PUBLIC AND PRIVATE SECTORS<greek-th> x 

SEC. 101. RESTRICTIONS ON THE SALE OR DISPLAY TO THE GENERAL PUBLIC OF 
              SOCIAL SECURITY ACCOUNT NUMBERS BY GOVERNMENTAL 
              AGENCIES.<greek-th> x 

    (a) In General.--Section 205(c)(2)(C) of the Social Security Act 
(42 U.S.C. 405(c)(2)(C)) is amended by adding at the end the following 
new clause:<greek-th> x 
    ``(x)(I) An 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) in possession of any individual's social 
security account number may not sell or display to the general public 
such number. Notwithstanding the preceding sentence, such number may be 
sold or displayed to the general public in accordance with the 
exceptions specified in subclauses (II), (III), (IV), (V), and (VI) 
(and for no other purpose).<greek-th> x 
    ``(II) Notwithstanding subclause (I), a social security account 
number may be sold by an agency, instrumentality, trustee, or agent 
referred to in subclause (I) to the extent that such sale is 
specifically authorized by this Act.<greek-th> x 
    ``(III) Notwithstanding subclause (I), a social security account 
number may be sold or displayed to the general public by an agency, 
instrumentality, trustee, or agent referred to in subclause (I) to the 
extent that is necessary or appropriate for law enforcement or national 
security purposes, as determined under regulations which shall be 
issued by the Attorney General of the United States under subparagraph 
(I).<greek-th> x 
    ``(IV) Notwithstanding subclause (I), a social security account 
number may be sold by a State department of motor vehicles as 
authorized under subsection (b) of section 2721 of title 18, United 
States Code, if such number is to be used pursuant to such sale solely 
for purposes permitted under paragraph (1), (6), or (9) of such 
subsection.<greek-th> x 
    ``(V) Notwithstanding subclause (I), a social security account 
number may be sold or otherwise made available by an agency, 
instrumentality, trustee, or agent referred to in subclause (I) to a 
consumer reporting agency, as defined in section 603(f) of the Fair 
Credit Reporting Act 
<greek-th> x <greek-th> x <greek-th> x <greek-th> x  (15 U.S.C. 
1618a(f)), exclusively for use in accordance with such 
Act.<greek-th> x 
    ``(VI) Notwithstanding subclause (I), a social security account 
number may be sold or displayed to the general public by an agency, 
instrumentality, trustee, or agent referred to in subclause (I) under 
such other circumstances as the Attorney General of the United States 
may determine appropriate in regulations issued under subparagraph 
(I).<greek-th> x 
    ``(VII) This clause does not apply with respect to a social 
security account number of a deceased individual.<greek-th> x 
    ``(VIII) For purposes of this clause, the term `sell' means, in 
connection with a social security account number, to accept an item of 
material value in exchange for such number.<greek-th> x 
    ``(IX) For purposes of this clause, the term `display to the 
general public' shall have the meaning provided such term in section 
208A(a)(3).<greek-th> x 
    ``(X) For purposes of this clause, the term `social security 
account number' includes any derivative of such number.''.<greek-th> x 
    (b) Effective Date.--The amendment made by this section shall take 
effect 1 year after the date of the issuance by the Attorney General of 
the United States of final regulations under section 205(c)(2)(I) of 
the Social Security Act (added by section 102). Such amendment shall 
apply in the case of displays to the general public, as defined in 
section 208A(a)(3) of such Act (added by section 107), to such displays 
originally occurring after such 1-year period.<greek-th> x 

SEC. 102. REGULATORY AUTHORITY OF THE ATTORNEY GENERAL OF THE UNITED 
              STATES.<greek-th> x 

    (a) In General.--Section 205(c)(2) of the Social Security Act (42 
U.S.C. 405(c)(2)) is amended by adding at the end the following new 
subparagraph:<greek-th> x 
    ``(I)(i) Regulations issued by the Attorney General of the United 
States pursuant to subclauses (III) and (VI) of subparagraph (C)(x) and 
paragraphs (1), (2), and (7) of section 208A(c) shall be issued in 
accordance with section 553 of title 5, United States Code. In issuing 
such regulations, the Attorney General shall consult with the 
Commissioner of Social Security, the Secretary of Homeland Security, 
the Federal Trade Commission, State attorneys general, and such other 
governmental agencies and instrumentalities as the Attorney General of 
the United States considers appropriate.<greek-th> x 
    ``(ii) In issuing the regulations described in clause (i) pursuant 
to the provisions of subparagraph (C)(x)(III) or paragraph (1) or (2) 
of section 208A(c) (relating to law enforcement and national security), 
the Attorney General may authorize the sale, purchase, or display to 
the general public of social security account numbers only if the 
Attorney General determines that--<greek-th> x 
            ``(I) such sale, purchase, or display would serve a 
        compelling public interest that cannot reasonably be served 
        through alternative measures, and<greek-th> x 
            ``(II) such sale, purchase, or display will not pose an 
        undue risk of bodily, emotional, or financial harm to an 
        individual (taking into account any restrictions and conditions 
        that the Attorney General imposes on the sale, purchase, or 
        disclosure).<greek-th> x 
    ``(iii) If the Attorney General authorizes the sale, purchase, or 
display to the general public of social security account numbers, in 
regulations issued pursuant to subparagraph (C)(x)(VI) or section 
208A(c)(7) (relating to matters other than law enforcement or national 
security), the Attorney General shall impose restrictions and 
conditions on the sale, purchase, or display to the general public to 
the extent necessary--<greek-th> x 
            ``(I) to provide reasonable assurances that social security 
        account numbers will not be used to commit or facilitate fraud, 
        deception, or crime, and<greek-th> x 
            ``(II) to prevent an undue risk of bodily, emotional, or 
        financial harm to an individual.<greek-th> x 
    ``(iv) For purposes of clause (iii), the Attorney General shall 
consider, among other relevant factors--<greek-th> x 
            ``(I) the cost or burden to the general public, businesses, 
        commercial enterprises, non-profit organizations, and to 
        Federal, State, and local governments of complying with the 
        restrictions and conditions imposed by the Attorney 
        General;<greek-th> x 
            ``(II) the benefit to the general public, businesses, 
        commercial enterprises, non-profit associations, and to 
        Federal, State, and local governments derived from the 
        imposition of such restrictions and conditions; 
        and<greek-th> x 
            ``(III) in connection with subclause (II) of clause (iii), 
        the nature, likelihood, and severity of the anticipated harm 
        described in such subclause that could result from the sale, 
        purchase, or display to the general public of social security 
        account numbers, together with the nature, likelihood, and 
        extent of any benefits that could be realized 
        therefrom.<greek-th> x 
    ``(v) For purposes of this subparagraph, the terms `sell', 
`purchase', and `display to the general public' shall have the meanings 
provided such terms under section 
208A(a).<greek-th> x <greek-th> x <greek-th> x <greek-th> x 
    ``(vi) For purposes of this subparagraph, the term `social security 
account number' includes any derivative of such number.''.<greek-th> x 
    (b) Regulations.--The Attorney General of the United States shall 
promulgate regulations required under this section not later than 1 
year after the date of the enactment of this Act.<greek-th> x 

SEC. 103. PROHIBITION OF DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS ON 
              CHECKS ISSUED FOR PAYMENT BY GOVERNMENTAL 
              AGENCIES.<greek-th> x 

    (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:<greek-th> x 
    ``(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 acting 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 subdivision thereof, or any 
agency or instrumentality thereof, or such trustee or on any document 
attached to or accompanying such a check.''.<greek-th> x 
    (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.<greek-th> x 

SEC. 104. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS 
              ON DRIVER'S LICENSES OR MOTOR VEHICLE 
              REGISTRATIONS.<greek-th> x 

    (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--<greek-th> x 
            (1) by inserting ``(I)'' after ``(vi)''; and<greek-th> x 
            (2) by adding at the end the following new 
        subclause:<greek-th> x 
    ``(II) A State or political subdivision thereof (and any person 
acting as an agent of such an agency or instrumentality), in the 
administration of any driver's license or motor vehicle registration 
law within its jurisdiction, may not display 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 
registration or any other document issued by such State or political 
subdivision to an individual for purposes of identification of such 

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