,i #aacth ,,congress #ast ,session ,h4 ,r4 #bajd ,,in ,,the ,,house ,,of ,,representatives ,may #bb1 #bjac ,mr4 ,frelinghuysen introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 and the ,social ,security ,act to limit the misuse of ,social ,security numbers1 to establish criminal penalties for such misuse1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,protecting the ,privacy of ,social ,security ,numbers ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,prohibition of the display1 sale1 or purchase of ,social ,security numbers4 ,sec4 #d4 ,application of prohibition of the display1 sale1 or purchase of ,social ,security numbers to public records4 ,sec4 #e4 ,rulemaking authority of the ,attorney ,general4 ,sec4 #f4 ,limits on personal disclosure of a ,social ,security number for consumer transactions4 ,sec4 #g4 ,extension of civil monetary penalties for misuse of a ,social ,security number4 ,sec4 #h4 ,criminal penalties for the misuse of a ,social ,security number4 ,sec4 #i4 ,civil actions and civil penalties4 ,sec4 #aj4 ,federal injunctive authority4 #b4 ,findings ,the ,congress makes the following findings3 7#a7 ,the inappropriate display1 sale1 or purchase of ,social ,security numbers has contributed to a growing range of illegal activities1 including fraud1 identity theft1 and1 in some cases1 stalking and other violent crimes4 7#b7 ,while financial institutions1 health care providers1 and other entities have often used ,social ,security numbers to confirm the identity of an individual1 the general display to the public1 sale1 or purchase of these numbers has been used to commit crimes1 and also can result in serious invasions of individual privacy4 7#c7 ,the ,federal ,government requires virtually every individual in the ,united ,states to obtain and maintain a ,social ,security number in order to pay taxes1 to qualify for ,social ,security benefits1 or to seek employment4 ,an unintended consequence of these requirements is that ,social ,security numbers have become one of the tools that can be used to facilitate crime1 fraud1 and invasions of the privacy of the individuals to whom the numbers are assigned4 ,because the ,federal ,government created and maintains this system1 and because the ,federal ,government does not permit individuals to exempt themselves from those requirements1 it is appropriate for the ,federal ,government to take steps to stem the abuse of ,social ,security numbers4 7#d7 ,the display1 sale1 or purchase of ,social ,security numbers in no way facilitates uninhibited1 robust1 and wide-open public debate1 and restrictions on such display1 sale1 or purchase would not affect public debate4 7#e7 ,no one should seek to profit from the display1 sale1 or purchase of ,social ,security numbers in circumstances that create a substantial risk of physical1 emotional1 or financial harm to the individuals to whom those numbers are assigned4 7#f7 ,consequently1 this ,act provides each individual that has been assigned a ,social ,security number some degree of protection from the display1 sale1 and purchase of that number in any circumstance that might facilitate unlawful conduct4 #c4 ,prohibition of the display1 sale1 or purchase of ,social ,security numbers 7a7 ,prohibition 7#a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting after section #ajbh;,a the following3 #ajbh;,b4 ,prohibition of the display1 sale1 or purchase of ,social ,security numbers 7a7 ,definitions ,in this section3 7#a7 ,display ,the term display means to intentionally communicate or otherwise make available 7on the ,internet or in any other manner7 to the general public an individual's ,social ,security number4 7#b7 ,person ,the term person means any individual1 partnership1 corporation1 trust1 estate1 cooperative1 association1 or any other entity4 7#c7 ,purchase ,the term purchase means providing directly or indirectly1 anything of value in exchange for a ,social ,security number4 7#d7 ,sale ,the term sale means obtaining1 directly or indirectly1 anything of value in exchange for a ,social ,security number4 7#e7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and any territory or possession of the ,united ,states4 7b7 ,limitation on display ,except as provided in section #ajbh;,c1 no person may display any individual's ,social ,security number to the general public without the affirmatively expressed consent of the individual4 7c7 ,limitation on sale or purchase ,except as otherwise provided in this section1 no person may sell or purchase any individual's ,social ,security number without the affirmatively expressed consent of the individual4 7d7 ,prerequisites for consent ,in order for consent to exist under subsection 7b7 or 7c71 the person displaying or seeking to display1 selling or attempting to sell1 or purchasing or attempting to purchase1 an individual's ,social ,security number shall-- 7#a7 inform the individual of the general purpose for which the number will be used1 the types of persons to whom the number may be available1 and the scope of transactions permitted by the consent2 and 7#b7 obtain the affirmatively expressed consent 7electronically or in writing7 of the individual4 7e7 ,exceptions ,nothing in this section shall be construed to prohibit or limit the display1 sale1 or purchase of a ,social ,security number-- 7#a7 required1 authorized1 or excepted under any ,federal law2 7#b7 for a public health purpose1 including the protection of the health or safety of an individual in an emergency situation2 7#c7 for a national security purpose2 7#d7 for a law enforcement purpose1 including the investigation of fraud and the enforcement of a child support obligation2 7#e7 if the display1 sale1 or purchase of the number is for a use occurring as a result of an interaction between businesses1 governments1 or business and government 7regardless of which entity initiates the interaction71 including1 but not limited to-- 7,a7 the prevention of fraud 7including fraud in protecting an employee's right to employment benefits72 7,b7 the facilitation of credit checks or the facilitation of background checks of employees1 prospective employees1 or volunteers2 7,c7 the retrieval of other information from other businesses1 commercial enterprises1 government entities1 or private nonprofit organizations2 or 7,d7 when the transmission of the number is incidental to1 and in the course of1 the sale1 lease1 franchising1 or merger of all1 or a portion of1 a business2 7#f7 if the transfer of such a number is part of a data matching program involving a ,federal1 ,state1 or local agency2 or 7#g7 if such number is required to be submitted as part of the process for applying for any type of ,federal1 ,state1 or local government benefit or program2 except that1 nothing in this subsection shall be construed as permitting a professional or commercial user to display or sell a ,social ,security number to the general public4 7f7 ,limitation ,nothing in this section shall prohibit or limit the display1 sale1 or purchase of ,social ,security numbers as permitted under title ,v of the ,gramm-,leach-,bliley ,act1 or for the purpose of affiliate sharing as permitted under the ,fair ,credit ,reporting ,act1 except that no entity regulated under such ,acts may make ,social ,security numbers available to the general public1 as may be determined by the appropriate regulators under such ,acts4 ,for purposes of this subsection1 the general public shall not include affiliates or unaffiliated third-party business entities as may be defined by the appropriate regulators4 4 7#b7 ,conforming amendment ,the chapter analysis for chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajbh;,a the following3 #ajbh;,b4 ,prohibition of the display1 sale1 or purchase of ,social ,security numbers4 4 7b7 ,effective date ,the amendments made by this section shall take effect on the date that is #cj days after the date on which the final regulations promulgated under section #e are published in the ,federal ,register4 #d4 ,application of ,prohibition of the display1 sale1 or purchase of ,social ,security numbers to public records 7a7 ,public records exception 7#a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code 7as amended by section #c7;a77#a771 is amended by inserting after section #ajbh;,b the following3 #ajbh;,c4 ,display1 sale1 or purchase of public records containing ,social ,security numbers 7a7 ,definition ,in this section1 the term public record means any governmental record that is made available to the general public4 7b7 ,in general ,except as provided in subsections 7c71 7d71 and 7e71 section #ajbh;,b shall not apply to a public record4 7c7 ,public records on the ,internet or in an electronic medium 7#a7 ,in general ,section #ajbh;,b shall apply to any public record first posted onto the ,internet or provided in an electronic medium by1 or on behalf of1 a government entity after the date of the enactment of this section1 except as limited by the ,attorney ,general in accordance with paragraph 7#b74 7#b7 ,exception for government entities already placing public records on the ,internet or in electronic form ,not later than #fj days after the date of the enactment of this section1 the ,attorney ,general shall issue regulations regarding the applicability of section #ajbh;,b to any record of a category of public records first posted onto the ,internet or provided in an electronic medium by1 or on behalf of1 a government entity prior to the date of the enactment of this section4 ,the regulations will determine which individual records within categories of records of these government entities1 if any1 may continue to be posted on the ,internet or in electronic form after the effective date of this section4 ,in promulgating these regulations1 the ,attorney ,general may include in the regulations a set of procedures for implementing the regulations and shall consider the following3 7,a7 ,the cost and availability of technology available to a governmental entity to redact ,social ,security numbers from public records first provided in electronic form after the effective date of this section4 7,b7 ,the cost or burden to the general public1 businesses1 commercial enterprises1 non-profit organizations1 and to ,federal1 ,state1 and local governments of complying with section #ajbh;,b with respect to such records4 7,c7 ,the benefit to the general public1 businesses1 commercial enterprises1 non-profit organizations1 and to ,federal1 ,state1 and local governments if the ,attorney ,general were to determine that section #ajbh;,b should apply to such records4 ,nothing in the regulation shall permit a public entity to post a category of public records on the ,internet or in electronic form after the effective date of this section if such category had not been placed on the ,internet or in electronic form prior to such effective date4 7d7 ,harvested ,social ,security numbers ,section #ajbh;,b shall apply to any public record of a government entity which contains ,social ,security numbers extracted from other public records for the purpose of displaying or selling such numbers to the general public4 7e7 ,attorney ,general rulemaking on paper records 7#a7 ,in general ,not later than #fj days after the date of the enactment of this section1 the ,attorney ,general shall determine the feasibility and advisability of applying section #ajbh;,b to the records listed in paragraph 7#b7 when they appear on paper or on another nonelectronic medium4 ,if the ,attorney ,general deems it appropriate1 the ,attorney ,general may issue regulations applying section #ajbh;,b to such records4 7#b7 ,list of paper and other nonelectronic records ,the records listed in this paragraph are as follows3 7,a7 ,professional or occupational licenses4 7,b7 ,marriage licenses4 7,c7 ,birth certificates4 7,d7 ,death certificates4 7,e7 ,other short public documents that display a ,social ,security number in a routine and consistent manner on the face of the document4 7#c7 ,criteria for ,attorney ,general review ,in determining whether section #ajbh;,b should apply to the records listed in paragraph 7#b71 the ,attorney ,general shall consider the following3 7,a7 ,the cost or burden to the general public1 businesses1 commercial enterprises1 non-profit organizations1 and to ,federal1 ,state1 and local governments of complying with section #ajbh;,b4 7,b7 ,the benefit to the general public1 businesses1 commercial enterprises1 non-profit organizations1 and to ,federal1 ,state1 and local governments if the ,attorney ,general were to determine that section #ajbh;,b should apply to such records4 4 7#b7 ,conforming amendment ,the chapter analysis for chapter #dg of title #ah1 ,united ,states ,code 7as amended by section #c7;a77#b771 is amended by inserting after the item relating to section #ajbh;,b the following3 #ajbh;,c4 ,display1 sale1 or purchase of public records containing ,social ,security numbers4 4 7b7 ,effective date ,the prohibition with respect to electronic versions of new classes of public records under section #ajbh;,c7b7 of title #ah1 ,united ,states ,code 7as added by subsection 7a77#a77 shall not take effect until the date that is #fj days after the date of the enactment of this ,act4 #e4 ,rulemaking authority of the ,attorney ,general 7a7 ,in general ,except as provided in subsection 7b71 the ,attorney ,general may prescribe such rules and regulations as the ,attorney ,general deems necessary to carry out the provisions of section #ajbh;,b7e77#e7 of title #ah1 ,united ,states ,code 7as added by section #c7;a77#a774 7b7 ,display1 sale1 or purchase rulemaking with respect to interactions between businesses1 governments1 or business and government 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,attorney ,general1 in consultation with the ,commissioner of ,social ,security1 the ,chairman of the ,federal ,trade ,commission1 and such other heads of ,federal agencies as the ,attorney ,general determines appropriate1 shall conduct such rulemaking procedures in accordance with subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code1 as are necessary to promulgate regulations to implement and clarify the uses occurring as a result of an interaction between businesses1 governments1 or business and government 7regardless of which entity initiates the interaction7 permitted under section #ajbh;,b7e77#e7 of title #ah1 ,united ,states ,code 7as added by section #c7;a77#a774 7#b7 ,factors to be considered ,in promulgating the regulations required under paragraph 7#a71 the ,attorney ,general shall1 at a minimum1 consider the following3 7,a7 ,the benefit to a particular business1 to customers of the business1 and to the general public of the display1 sale1 or purchase of an individual's ,social ,security number4 7,b7 ,the costs that businesses1 customers of businesses1 and the general public may incur as a result of prohibitions on the display1 sale1 or purchase of ,social ,security numbers4 7,c7 ,the risk that a particular business practice will promote the use of a ,social ,security number to commit fraud1 deception1 or crime4 7,d7 ,the presence of adequate safeguards1 procedures1 and technologies to prevent-- 7i7 misuse of ,social ,security numbers by employees within a business2 and 7ii7 misappropriation of ,social ,security numbers by the general public1 while permitting internal business uses of such numbers4 7,e7 ,the presence of procedures to prevent identity thieves1 stalkers1 and other individuals with ill intent from posing as legitimate businesses to obtain ,social ,security numbers4 7,f7 ,the impact of such uses on privacy4 #f4 ,limits on personal disclosure of a ,social ,security number for consumer transactions 7a7 ,in general ,part ,a of title ,,xi of the ,social ,security ,act 7#db ,u4,s4,c4 #acja et seq47 is amended by adding at the end the following3 #aaej;,c4 ,limits on personal disclosure of a ,social ,security number for consumer transactions 7a7 ,in general ,a commercial entity may not require an individual to provide the individual's ,social ,security number when purchasing a commercial good or service or deny an individual the good or service for refusing to provide that number except-- 7#a7 for any purpose relating to-- 7,a7 obtaining a consumer report for any purpose permitted under the ,fair ,credit ,reporting ,act2 7,b7 a background check of the individual conducted by a landlord1 lessor1 employer1 voluntary service agency1 or other entity as determined by the ,attorney ,general2 7,c7 law enforcement2 or 7,d7 a ,federal1 ,state1 or local law requirement2 or 7#b7 if the ,social ,security number is necessary to verify the identity of the consumer to effect1 administer1 or enforce the specific transaction requested or authorized by the consumer1 or to prevent fraud4 7b7 ,application of civil money penalties ,a violation of this section shall be deemed to be a violation of section #aabi7;a77#c77;,f74 7c7 ,application of criminal penalties ,a violation of this section shall be deemed to be a violation of section #bjh7;a77#h74 7d7 ,limitation on class actions ,no class action alleging a violation of this section shall be maintained under this section by an individual or any private party in ,federal or ,state court4 7e7 ,state ,attorney ,general enforcement 7#a7 ,in general 7,a7 ,civil actions ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of that ,state has been or is threatened or adversely affected by the engagement of any person in a practice that is prohibited under this section1 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in a district court of the ,united ,states of appropriate jurisdiction to-- 7i7 enjoin that practice2 7ii7 enforce compliance with such section2 7iii7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state2 or 7iv7 obtain such other relief as the court may consider appropriate4 7,b7 ,notice 7i7 ,in general ,before filing an action under subparagraph 7,a71 the attorney general of the ,state involved shall provide to the ,attorney ,general-- 7,i7 written notice of the action2 and 7,,ii7 a copy of the complaint for the action4 7ii7 ,exemption 7,i7 ,in general ,clause 7i7 shall not apply with respect to the filing of an action by an attorney general of a ,state under this subsection1 if the ,state attorney general determines that it is not feasible to provide the notice described in such subparagraph before the filing of the action4 7,,ii7 ,notification ,with respect to an action described in subclause 7,i71 the attorney general of a ,state shall provide notice and a copy of the complaint to the ,attorney ,general at the same time as the ,state attorney general files the action4 7#b7 ,intervention 7,a7 ,in general ,on receiving notice under paragraph 7#a77;,b71 the ,attorney ,general shall have the right to intervene in the action that is the subject of the notice4 7,b7 ,effect of intervention ,if the ,attorney ,general intervenes in the action under paragraph 7#a71 the ,attorney ,general shall have the right to be heard with respect to any matter that arises in that action4 7#c7 ,construction ,for purposes of bringing any civil action under paragraph 7#a71 nothing in this section shall be construed to prevent an attorney general of a ,state from exercising the powers conferred on such attorney general by the laws of that ,state to-- 7,a7 conduct investigations2 7,b7 administer oaths or affirmations2 or 7,c7 compel the attendance of witnesses or the production of documentary and other evidence4 7#d7 ,actions by the ,attorney ,general of the ,united ,states ,in any case in which an action is instituted by or on behalf of the ,attorney ,general for violation of a practice that is prohibited under this section1 no ,state may1 during the pendency of that action1 institute an action under paragraph 7#a7 against any defendant named in the complaint in that action for violation of that practice4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7f7 ,sunset ,this section shall not apply on or after the date that is #f years after the effective date of this section4 4 7b7 ,evaluation and report ,not later than the date that is #f years and #f months after the date of the enactment of this ,act1 the ,attorney ,general1 in consultation with the chairman of the ,federal ,trade ,commission1 shall issue a report evaluating the effectiveness and efficiency of section #aaej;,c of the ,social ,security ,act 7as added by subsection 7a77 and shall make recommendations to the ,congress as to any legislative action determined to be necessary or advisable with respect to such section1 including a recommendation regarding whether to reauthorize such section4 7c7 ,effective date ,the amendment made by subsection 7a7 shall apply to requests to provide a ,social ,security number occurring after the date that is #a year after the date of the enactment of this ,act4 #g4 ,extension of civil monetary penalties for misuse of a ,social ,security number 7a7 ,application of civil money penalties to elements of criminal violations ,section #aabi7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#h7;a77 is amended-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#d7 and 7#e71 respectively2 7#b7 by designating the last sentence of paragraph 7#a7 as paragraph 7#b7 and inserting such paragraph after paragraph 7#a72 and 7#c7 by inserting after paragraph 7#b7 7as so designated and inserted under paragraph 7#b7 of this subsection7 the following3 7#c7 ,any person 7including an organization1 agency1 or other entity7 who-- 7,a7 uses a ,social ,security account number that such person knows or should know has been assigned by the ,commissioner of ,social ,security 7in an exercise of authority under section #bje7;c77#b7 to establish and maintain records7 on the basis of false information furnished to the ,commissioner by any person2 7,b7 falsely represents a number to be the ,social ,security account number assigned by the ,commissioner of ,social ,security to any individual1 when such person knows or should know that such number is not the ,social ,security account number assigned by the ,commissioner to such individual2 7,c7 knowingly alters a ,social ,security card issued by the ,commissioner of ,social ,security1 or possesses such a card with intent to alter it2 7,d7 knowingly displays1 sells1 or purchases a card that is1 or is purported to be1 a card issued by the ,commissioner of ,social ,security1 or possesses such a card with intent to display1 purchase1 or sell it2 7,e7 counterfeits a ,social ,security card1 or possesses a counterfeit ,social ,security card with intent to display1 sell1 or purchase it2 7,f7 discloses1 uses1 compels the disclosure of1 or knowingly displays1 sells1 or purchases the ,social ,security account number of any person in violation of the laws of the ,united ,states2 7,g7 with intent to deceive the ,commissioner of ,social ,security as to such person's true identity 7or the true identity of any other person7 furnishes or causes to be furnished false information to the ,commissioner with respect to any information required by the ,commissioner in connection with the establishment and maintenance of the records provided for in section #bje7;c77#b72 7,h7 offers1 for a fee1 to acquire for any individual1 or to assist in acquiring for any individual1 an additional ,social ,security account number or a number which is or is purported to be a ,social ,security account number2 or 7,i7 being an officer or employee of a ,federal1 ,state1 or local agency in possession of any individual's ,social ,security account number1 willfully acts or fails to act so as to cause a violation by such agency of section #bje7;c77#b77;,c77vi77,,ii7 7relating to prohibition of display of ,social ,security account numbers on driver's licenses1 motor vehicle registrations1 and personal identification cards7 or section #bje7;c77#b77;,c77x7 7added by ,public ,law #aaa-cah and relating to prohibition of display of ,social ,security account numbers on checks issued for payment by ,federal1 ,state1 or local agencies71 shall be subject to1 in addition to any other penalties that may be prescribed by law1 a civil money penalty of not more than #e1jjj for each violation4 ,such person shall also be subject to an assessment1 in lieu of damages sustained by the ,united ,states resulting from such violation1 of not more than twice the amount of any benefits or payments paid as a result of such violation4 4 7b7 ,effective dates 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply with respect to violations of section #aabi of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj-h71 as amended by this section1 committed after the date of the enactment of this ,act4 7#b7 ,violations by government agents in possession of ,social ,security numbers ,section #aabi7;a77#c77;,i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#h7;a77#c77;,i771 as added by subsection 7a71 shall apply with respect to violations of that section occurring on or after the effective date described in section #c7;c74 #h4 ,criminal penalties for the misuse of a ,social ,security number 7a7 ,prohibition of wrongful use as personal identification number ,no person may obtain any individual's ,social ,security number for purposes of locating or identifying an individual with the intent to physically injure1 harm1 or use the identity of the individual for any illegal purpose4 7b7 ,criminal sanctions ,section #bjh7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7;a77 is amended-- 7#a7 in paragraph 7#h71 by adding or after the semicolon2 and 7#b7 by inserting after paragraph 7#h7 the following3 7#i7 except as provided in subsections 7e7 and 7f7 of section #ajbh;,b of title #ah1 ,united ,states ,code1 knowingly and willfully displays1 sells1 or purchases 7as those terms are defined in section #ajbh;,b7a7 of title #ah1 ,united ,states ,code7 any individual's ,social ,security account number without having met the prerequisites for consent under section #ajbh;,b7d7 of title #ah1 ,united ,states ,code2 or 7#aj7 obtains any individual's ,social ,security number for the purpose of locating or identifying the individual with the intent to injure or to harm that individual1 or to use the identity of that individual for an illegal purpose2 4 #i4 ,civil actions and civil penalties 7a7 ,civil action in ,state courts 7#a7 ,in general ,any individual aggrieved by an act of any person in violation of this ,act1 any amendments made by this ,act1 or clause 7x7 or 7xi7 of section #bje7;c77#b77;,c7 of the ,social ,security ,act 7added by the ,social ,security ,number ,protection ,act of #bjaj 7,public ,law #aaa-cah77 may1 if otherwise permitted by the laws or rules of the court of a ,state1 bring in an appropriate court of that ,state-- 7,a7 an action to enjoin such violation2 7,b7 an action to recover for actual monetary loss from such a violation1 or to receive up to #ejj in damages for each such violation1 whichever is greater2 or 7,c7 both such actions4 ,it shall be an affirmative defense in any action brought under this paragraph that the defendant has established and implemented1 with due care1 reasonable practices and procedures to effectively prevent violations of the provisions of this ,act1 the amendments made by this ,act1 such clause 7x7 or 7xi71 or regulations prescribed under this ,act1 such amendments1 or such clause4 ,if the court finds that the defendant willfully or knowingly violated any such provision1 the court may1 in its discretion1 increase the amount of the award to an amount equal to not more than #c times the amount available under subparagraph 7,b74 7#b7 ,statute of limitations ,an action may be commenced under this subsection not later than the earlier of-- 7,a7 #e years after the date on which the alleged violation occurred2 or 7,b7 #c years after the date on which the alleged violation was or should have been reasonably discovered by the aggrieved individual4 7#c7 ,nonexclusive remedy ,the remedy provided under this subsection shall be in addition to any other remedies available to the individual4 7b7 ,civil penalties 7#a7 ,in general ,any person who the ,attorney ,general determines has violated any provision of this ,act1 the amendments made by this ,act1 or clause 7x7 or 7xi7 of section #bje7;c77#b77;,c7 of the ,social ,security ,act 7added by the ,social ,security ,number ,protection ,act of #bjaj 7,public ,law #aaa-cah77 shall be subject1 in addition to any other penalties that may be prescribed by law-- 7,a7 to a civil penalty of not more than #e1jjj for each such violation2 and 7,b7 to a civil penalty of not more than #ej1jjj1 if the violations have occurred with such frequency as to constitute a general business practice4 7#b7 ,determination of violations ,any willful violation committed contemporaneously with respect to the ,social ,security numbers of two or more individuals by means of mail1 telecommunication1 or otherwise1 shall be treated as a separate violation with respect to each such individual4 7#c7 ,enforcement procedures ,the provisions of section #aabh;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;a71 other than subsections 7a71 7b71 7f71 7h71 7i71 7j71 7m71 and 7n7 and the first sentence of subsection 7c7 of such section1 and the provisions of subsections 7d7 and 7e7 of section #bje of such ,act 7#db ,u4,s4,c4 #dje7 shall apply to a civil penalty action under this subsection in the same manner as such provisions apply to a penalty or proceeding under section #aabh;,a7a7 of such ,act 7#db ,u4,s4,c4 #acbj;a-#g;a7a771 except that1 for purposes of this paragraph1 any reference in section #aabh;,a of such ,act 7#db ,u4,s4,c4 #acbj;a-#g;a7 to the ,secretary shall be deemed to be a reference to the ,attorney ,general4 #aj4 ,federal injunctive authority ,in addition to any other enforcement authority conferred under this ,act or the amendments made by this ,act1 the ,federal ,government shall have injunctive authority with respect to any violation by a public entity of any provision of this ,act1 of any amendments made by this ,act1 or of clause 7x7 or 7xi7 of section #bje7;c77#b77;,c7 of the ,social ,security ,act 7added by the ,social ,security ,number ,protection ,act of #bjaj 7,public ,law #aaa-cah774