Identity Theft Prevention Act of 2011 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to prohibit using a Social Security account number except for specified Social Security and tax purposes. Prohibits the Social Security Administration from divulging the Social Security account number of an individual to any federal, state, or local government agency or instrumentality, or to any other individual.
Amends the Privacy Act of 1974 to prohibit any federal, state, or local government agency or instrumentality from requesting an individual to disclose his Social Security account number on either a mandatory or a voluntary basis.
Prohibits any two federal agencies or instrumentalities from implementing the same identifying number with respect to any individual (except as authorized by the Social Security Act).
Prohibits any federal agency from: (1) establishing or mandating a uniform standard for identification of an individual that is required to be used by any other federal or state agency, or by a private person, for any purpose other than that of conducting the authorized activities of the standard-establishing or -mandating federal agency; or (2) conditioning receipt of any federal grant, contract, or other federal funding on the adoption, by a state or local government, or by a state agency, of such a uniform standard.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 220 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 220
To amend title II of the Social Security Act and the Internal Revenue
Code of 1986 to protect the integrity and confidentiality of Social
Security account numbers issued under such title, to prohibit the
establishment in the Federal Government of any uniform national
identifying number, and to prohibit Federal agencies from imposing
standards for identification of individuals on other agencies or
persons.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 7, 2011
Mr. Paul introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on
Oversight and Government Reform, 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
_______________________________________________________________________
A BILL
To amend title II of the Social Security Act and the Internal Revenue
Code of 1986 to protect the integrity and confidentiality of Social
Security account numbers issued under such title, to prohibit the
establishment in the Federal Government of any uniform national
identifying number, and to prohibit Federal agencies from imposing
standards for identification of individuals on other agencies or
persons.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft Prevention Act of
2011''.
SEC. 2. RESTRICTIONS ON THE USE OF THE SOCIAL SECURITY ACCOUNT NUMBER.
(a) Repeal of Provisions Authorizing Certain Usages of the Social
Security Account Number.--Section 205(c)(2) of the Social Security Act
(42 U.S.C. 405(c)(2)) is amended--
(1) in subparagraph (C), by striking ``(C)(i) It is the
policy'' and all that follows through clause (vi);
(2) by striking subparagraphs (C)(ix), (E), and (H); and
(3) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively.
(b) New Rules Applicable to Social Security Account Numbers.--
Section 205(c)(2) of such Act is amended further--
(1) by inserting after subparagraph (B) the following:
``(C)(i) All social security account numbers issued under this
subsection shall be randomly generated.
``(ii) Except as otherwise provided in this paragraph--
``(I) the social security account number issued under this
subsection to any individual shall be the exclusive property of
such individual, and
``(II) the Social Security Administration shall not divulge
the social security account number issued to any individual
under this subsection to any agency or instrumentality of the
Federal Government, to any State, political subdivision of a
State, or agency or instrumentality of a State or political
subdivision thereof, or to any other individual.
``(iii) Clause (ii) shall not apply with respect to the use of the
social security account number as an identifying number to the extent
provided in section 6109(d) of the Internal Revenue Code of 1986
(relating to use of the social security account number for social
security and related purposes).''; and
(2) by redesignating clauses (vii) and (viii) of
subparagraph (C) as clauses (iv) and (v), respectively.
(c) Use of Social Security Account Numbers Under Internal Revenue
Code.--Subsection (d) of section 6109 of the Internal Revenue Code of
1986 is amended--
(1) in the heading, by inserting ``for Social Security and
Related Purposes'' after ``Number''; and
(2) by striking ``this title'' and inserting ``section 86,
chapter 2, and subtitle C of this title''.
(d) Effective Dates and Related Rules.--
(1) Effective dates.--Not later than 60 days after the date
of the enactment of this Act, the Commissioner of Social
Security shall publish in the Federal Register the date
determined by the Commissioner, in consultation with the
Secretary of the Treasury, to be the earliest date thereafter
by which implementation of the amendments made by this section
is practicable. The amendments made by subsection (a) shall
take effect on the earlier of such date or the date which
occurs 5 years after the date of the enactment of this Act. The
amendments made by subsection (b) shall apply with respect to
social security account numbers issued on or after such earlier
date. The amendments made by subsection (c) shall apply with
respect to calendar quarters and taxable years beginning on or
after such earlier date.
(2) Reissuance of numbers.--The Commissioner of Social
Security shall ensure that, not later than 5 years after the
date of the enactment of this Act, all individuals who have
been issued social security account numbers under section
205(c) of the Social Security Act as of the date prior to the
earlier date specified in paragraph (1) are issued new social
security account numbers in accordance with such section as
amended by this section. Upon issuance of such new social
security account numbers, any social security account numbers
issued to such individuals prior to such earlier date specified
in paragraph (1) shall be null and void and subject to the
requirements of section 205(c)(2)(C)(ii)(II) of such Act, as
amended by this section. Nothing in this section or the
amendments made thereby shall be construed to preclude the
Social Security Administration and the Secretary of the
Treasury from cross-referencing such social security account
numbers newly issued to individuals pursuant to this paragraph
to the former social security account numbers of such
individuals for purposes of administering title II or title XVI
of such Act or administering the Internal Revenue Code of 1986
in connection with section 86, chapter 2, and subtitle C
thereof.
SEC. 3. CONFORMING AMENDMENTS TO THE PRIVACY ACT OF 1974.
(a) In General.--Section 7 of the Privacy Act of 1974 (5 U.S.C.
552a note, 88 Stat. 1909) is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) The provisions of paragraph (1) of this subsection shall not
apply with respect to any disclosure which is required under
regulations of the Commissioner of Social Security pursuant to section
205(c)(2) of the Social Security Act or under regulations of the
Secretary of the Treasury pursuant to section 6109(d) of the Internal
Revenue Code of 1986.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Except with respect to disclosures described in subsection
(a)(2), no agency or instrumentality of the Federal Government, a
State, a political subdivision of a State, or any combination of the
foregoing may request an individual to disclose his social security
account number, on either a mandatory or voluntary basis.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the earlier date specified in section 2(d)(1).
SEC. 4. PROHIBITION OF GOVERNMENT-WIDE UNIFORM IDENTIFYING NUMBERS.
(a) In General.--Except as authorized under section 205(c)(2) of
the Social Security Act, any two agencies or instrumentalities of the
Federal Government may not implement the same identifying number with
respect to any individual.
(b) Identifying Numbers.--For purposes of this section--
(1) the term ``identifying number'' with respect to an
individual means any combination of alpha-numeric symbols which
serves to identify such individual, and
(2) any identifying number and any one or more derivatives
of such number shall be treated as the same identifying number.
(c) Effective Date.--The provisions of this section shall take
effect January 1, 2012.
SEC. 5. PROHIBITION OF GOVERNMENT-ESTABLISHED IDENTIFIERS.
(a) In General.--Subject to subsection (b), a Federal agency may
not--
(1) establish or mandate a uniform standard for
identification of an individual that is required to be used by
any other Federal agency, a State agency, or a private person
for any purpose other than the purpose of conducting the
authorized activities of the Federal agency establishing or
mandating the standard; or
(2) condition receipt of any Federal grant or contract or
other Federal funding on the adoption, by a State, a State
agency, or a political subdivision of a State, of a uniform
standard for identification of an individual.
(b) Transactions Between Private Persons.--Notwithstanding
subsection (a), a Federal agency may not establish or mandate a uniform
standard for identification of an individual that is required to be
used within the agency, or by any other Federal agency, a State agency,
or a private person, for the purpose of--
(1) investigating, monitoring, overseeing, or otherwise
regulating a transaction to which the Federal Government is not
a party; or
(2) administrative simplification.
(c) Conformity of Other Laws.--Any provision of Federal law enacted
on or before the date of the enactment of this Act is superseded by
this section to the extent that such provision is inconsistent with
subsection (a) or (b), including sections 1173(b) and 1177(a)(1) of the
Social Security Act (42 U.S.C. 1320d-2(b); 42 U.S.C. 1320d-6(a)(1)) and
subtitle B of title VII of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458), and, to the extent that
any provision of Federal law enacted after such date is inconsistent
with subsection (a) or (b), such provision shall be effective only if
it specifically cross-refers to such subsection.
(d) Definitions.--For purposes of this section:
(1) Agency.--The term ``agency'' means any of the
following:
(A) An Executive agency (as defined in section 105
of title 5, United States Code).
(B) A military department (as defined in section
102 of such title).
(C) An agency in the executive branch of a State
government.
(D) An agency in the legislative branch of the
Government of the United States or a State government.
(E) An agency in the judicial branch of the
Government of the United States or a State government.
(2) State.--The term ``State'' means any of the several
States, the District of Columbia, the Virgin Islands, the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, or
the Republic of Palau.
(e) Effective Date.--The provisions of this section shall take
effect January 1, 2012.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Oversight and Government Reform, 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.
Referred to the Committee on Ways and Means, and in addition to the Committee on Oversight and Government Reform, 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.
Referred to the Subcommittee on Social Security.
Referred to the Subcommittee on Government Organization, Efficiency, and Financial Management .
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