,i #aacth ,,congress #ast ,session ,h4 ,r4 #bbbi ,,in ,,the ,,house ,,of ,,representatives ,june #c1 #bjac ,mr4 ,ross 7for himself and ,ms4 ,castor of ,florida7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to require the ,commissioner of ,social ,security to issue uniform standards for the method for truncation of ,social ,security account numbers in order to protect such numbers from being used in the perpetration of fraud or identity theft and to provide for a prohibition on the display to the general public on the ,internet of ,social ,security account numbers by ,state and local governments and private entities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safeguarding ,social ,security ,numbers ,act of #bjac4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,federal ,government requires virtually every individual in the ,united ,states to obtain and maintain a ,social ,security account number in order to pay taxes or to qualify for old-age1 survivors1 and disability insurance benefits under title ,,ii of the ,social ,security ,act4 7#b7 ,many ,government agencies and private entities also use ,social ,security account numbers as identifiers to track individual records or as information that an individual must present to verify his or her identity4 ,thus1 ,social ,security account numbers are routinely collected1 recorded1 and transferred by public and private entities4 7#c7 ,as an unintended consequence of these uses1 ,social ,security account 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 7#d7 ,according to the ,social ,security ,administration's ,inspector ,general1 #af percent of the #ii1jjj fraud cases it investigated in the #a-year period ending ,september #cj1 #bjjf1 involved the misuse of ,social ,security account numbers4 7#e7 ,the ,social ,security account number is also a key piece of information used in the perpetration of identity theft4 ,in calendar year #bjjf1 over #bdj1jjj individuals reported to the ,federal ,trade ,commission that they had been the victims of an identity theft4 ,identity theft is a serious crime that can cause substantial financial losses and force victims to spend significant time restoring the accuracy of their credit records4 7#f7 ,social ,security account numbers are publicly displayed by some ,government entities4 ,in most jurisdictions throughout the ,united ,states1 ,state and local law requires that certain documentary records1 such as business filings1 property records1 and birth and marriage certificates1 be made available to the general public4 ,some of these records contain personally identifiable information of individuals1 including ,social ,security account numbers4 ,increasingly1 ,state and local recordkeepers are displaying public records on the ,internet1 where these records are widely accessible at no cost or for a minimal fee4 ,there are known instances of criminals using personally identifiable information from online public records to commit identity theft4 7#g7 ,private information resellers also routinely record and transfer individuals' ,social ,security account numbers and other personally identifiable information4 ,in a #bjjf study1 the ,government ,accountability ,office 7,,gao7 was able to purchase truncated or full ,social ,security account numbers from #e of #ba ,internet information resellers that were surveyed4 7#h7 ,the ,,gao has concluded1 based on available evidence1 that unauthorized access to personal data such as ,social ,security account numbers is a frequent occurrence4 ,a survey of #ag ,federal agencies by the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives found that these agencies suffered more than #ghh data breaches from ,january #bjjc through ,july #bjjf4 7#i7 ,in many instances1 public and private entities seek to protect ,social ,security account numbers from abuse by truncating a portion of each number4 ,however1 because truncation methods are not uniform1 it is possible to obtain a full ,social ,security account number by reconstructing the number based on partial information obtained from different sources4 7#aj7 ,in a report issued in ,june #bjjg1 the ,,gao found that truncated ,social ,security account numbers in ,federal documents stored as public records remain vulnerable to misuse1 in part because different truncation methods used by the public and private sectors permit the reconstruction of full ,social ,security account numbers4 ,federal entities such as the ,department of ,justice1 the ,internal ,revenue ,service1 and the ,judicial ,conference of the ,united ,states truncate by displaying the last #d digits of the ,social ,security account number4 ,in contrast1 the ,,gao found that information resellers sometimes sell records containing ,social ,security account numbers that are truncated to display the first #e digits4 7#aa7 ,the first #e digits of an individual's ,social ,security account number are assigned based on the location in which the account number was issued and the order in which the account number was issued4 ,the last #d digits of an individual's ,social ,security account number are randomly generated1 creating a unique account number for each individual4 ,many public and private entities ask consumers to supply the last #d digits of ,social ,security account numbers as a way to verify consumers' identities1 providing an additional reason for identity thieves to seek to acquire these digits4 7#ab7 ,the ,,gao reported in #bjjf that it had been unable to identify any industry standards or guidelines for truncating ,social ,security account numbers4 ,moreover1 the ,,gao could not identify any consensus among ,government officials about which method for truncation better protects ,social ,security account numbers from abuse4 7#ac7 ,the ,,gao has stated that standardizing the truncation of ,social ,security account numbers would better protect these numbers from misuse4 ,since #bjje1 the ,,gao has on multiple occasions recommended the establishment of uniform standards for truncation of ,social ,security account numbers4 7#ad7 ,given the ,social ,security ,administration's role in assigning ,social ,security account numbers1 the ,commissioner of ,social ,security may be in the best position to determine whether and how truncation should be standardized4 7#ae7 ,the truncation of ,social ,security account numbers1 even by ,federal ,government agencies1 is not comprehensively required or regulated4 ,currently1 the ,social ,security ,administration does not have the legal authority to regulate the use of ,social ,security account numbers by other entities4 7#af7 ,because the ,federal ,government created and maintains the system of required ,social ,security account numbers1 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 curb the abuse of ,social ,security account numbers4 #c4 ,requirement to issue uniform standards for the method for truncation of ,social ,security account numbers 7a7 ,in general ,the ,commissioner of ,social ,security shall issue uniform standards-- 7#a7 for the method for truncation of ,social ,security account numbers in order to facilitate the protection of such numbers from being used in the perpetration of fraud or identity theft2 and 7#b7 for the method for encryption 7or other method of securing from disclosure7 of ,social ,security account numbers transmitted by means of the ,internet4 ,such uniform standards shall not apply with respect to a ,social ,security account number of a deceased individual4 7b7 ,requirements 7#a7 ,in general ,in establishing the uniform standards required under subsection 7a71 the ,commissioner of ,social ,security shall consider the matters described in paragraph 7#b7 and consult with1 at a minimum1 the heads of the following ,federal agencies3 7,a7 ,the ,department of ,justice4 7,b7 ,the ,federal ,trade ,commission4 7,c7 ,the ,department of the ,treasury4 7#b7 ,specific considerations ,for purposes of paragraph 7#a71 the matters described in this paragraph are the following3 7,a7 ,the extent to which various methods for truncation of ,social ,security account numbers will assist in the prevention of fraud and identity theft1 taking into account the following3 7i7 ,the risk that a truncated ,social ,security account number can be combined with other personally identifiable information to derive or acquire a complete ,social ,security account number4 7ii7 ,the risk that the numerical digits not masked in the truncation process will reveal personally identifiable information about an individual4 7iii7 ,the risk that a truncated ,social ,security account number can be used to derive or acquire from other sources a full ,social ,security account number4 7,b7 ,the methods in use for the truncation of ,social ,security account numbers by the ,federal ,government1 ,state and local governments1 and private entities and the extent of use of each method by the ,federal ,government1 ,state and local governments1 and private entities4 7,c7 ,the reasons why ,social ,security account numbers are collected and recorded by the ,federal ,government1 ,state and local governments1 and private entities4 7,d7 ,the effect of each proposed method for truncation on the uses for ,social ,security account numbers by the ,federal ,government1 ,state and local governments1 and private entities4 7,e7 ,any comments regarding proposed methods for truncation submitted to the ,commissioner from-- 7i7 experts on privacy and data security1 consumer advocacy groups1 and identity theft assistance organizations2 7ii7 the ,federal ,government or ,state or local governments1 including ,state ,attorneys ,general2 7iii7 representatives of private entities that transfer1 display1 record1 or otherwise utilize ,social ,security account numbers on a regular basis2 7iv7 the ,comptroller ,general of the ,united ,states2 and 7v7 any other appropriate entities4 #d4 ,application of uniform standards 7a7 ,federal ,government ,on and after the date that the ,commissioner of ,social ,security determines in regulations issued pursuant to section #f1 the uniform standards issued under section #c7a7 shall apply to the ,federal ,government-- 7#a7 whenever the ,federal ,government displays a ,social ,security account number2 and 7#b7 to the extent practicable1 whenever the ,federal ,government transfers1 records1 or otherwise utilizes a ,social ,security account number4 7b7 ,state and local governments2 private entities 7#a7 ,display or transmission by a ,state or local government by means of the ,internet 7,a7 ,prohibition 7i7 ,in general ,subject to clause 7ii71 a ,state1 a political subdivision of a ,state1 or any officer1 employee1 or contractor of a ,state or a political subdivision of a ,state1 shall not display to the general public on the ,internet all or any portion of any ,social ,security account number4 7ii7 ,exceptions ,a ,state1 a political subdivision of a ,state1 or any officer1 employee1 or contractor of a ,state or a political subdivision of a ,state may display to the general public on the ,internet-- 7,i7 a portion of a ,social ,security account number if such display complies with the uniform standards for the method for truncation and encryption of such numbers issued by the ,commissioner of ,social ,security under section #c2 and 7,,ii7 all or any portion of a ,social ,security account number of a deceased individual4 7,b7 ,penalties ,a ,state1 a political subdivision of a ,state1 or any officer1 employee1 or contractor of a ,state or a political subdivision of a ,state that violates subparagraph 7,a7 shall be subject to a civil penalty of not more than #e1jjj per day for each day that the ,state or political subdivision violated such subsection4 7,c7 ,enforcement ,the ,attorney ,general may bring a civil action against a ,state1 a political subdivision of a ,state1 or any officer1 employee1 or contractor of a ,state or a political subdivision of a ,state1 in any appropriate ,united ,states ,district ,court for a violation of subparagraph 7,a74 7,d7 ,effective date ,subparagraphs 7,a7 through 7,c7 shall take effect on the date that is #a year after the date on which regulations are issued under section #f and shall apply to violations occurring on or after that date4 7#b7 ,display by other means ,it is the sense of ,congress that if a ,state1 local government1 or private entity displays a ,social ,security account number in a manner other than that described in paragraph 7#a71 the ,state1 local government1 or private entity should comply with the uniform standards issued under section #c to the same extent that the ,federal ,government or a ,state or local government is required to comply with such standards under subsection 7a7 and paragraph 7#a7 of this subsection4 #e4 ,grants to ,state and local governments to come into compliance with the prohibition on the display to the general public on the ,internet of ,social ,security account numbers 7a7 ,in general ,the ,attorney ,general shall award grants to ,states and political subdivisions of ,states to carry out activities to remove1 redact1 or truncate1 in accordance with the uniform standards for the method of truncation issued under section #c1 all ,social ,security account numbers on forms and records of executive1 legislative1 and judicial agencies of ,states and political subdivisions of ,states that1 as of the date that is #a year after the date on which regulations are issued under section #f1 would be displayed to the general public on the ,internet in violation of section #d7;b77#a74 7b7 ,application ,a ,state or political subdivision of a ,state desiring a grant under this subsection shall submit an application to the ,attorney ,general at such time1 in such manner1 and containing such information as the ,attorney ,general may reasonably require4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,attorney ,general to carry out this subsection1 #aj1jjj1jjj for each of fiscal years #bjad and #bjae4 #f4 ,regulations ,not later than the date that is #f months after the date of the enactment of this ,act1 the ,commissioner of ,social ,security shall issue regulations to carry out this ,act4 #g4 ,,gao ,report ,not later than #ah months after the effective date of the regulations issued by the ,commissioner of ,social ,security under section #f1 the ,comptroller ,general of the ,united ,states shall report to ,congress on the extent to which the uniform standards required under section #c have resulted in the adoption of such standards by private entities1 and whether these standards are likely to provide greater protection against fraud and identity theft than the practices adhered to prior to such date4 ,the report shall include-- 7#a7 a recommendation regarding-- 7,a7 whether such standards should be mandatory for ,state and local governments and private entities1 and if so1 under what circumstances2 and 7,b7 whether making such standards mandatory for such entities 7with respect to each circumstance identified under subparagraph 7,a77 would help prevent fraud1 identity theft1 and unauthorized access to consumers' personally identifiable information2 and 7#b7 recommendations for such additional legislation or administrative action as the ,comptroller ,general determines appropriate to further reduce the risks of fraud1 identity theft1 and unauthorized access resulting from the transfer1 sale1 display1 recording1 or other utilization of ,social ,security account numbers4 #h4 ,preemption of ,state law ,this ,act and the amendments made by this ,act shall supersede a provision of ,state law only if1 and only to the extent that1 such provision conflicts with a requirement of this ,act or an amendment made by this ,act4 #i4 ,definitions ,in this ,act-- 7#a7 the term display to the general public on the ,internet means1 in connection with all or any portion of a ,social ,security account number1 to post or to permit the continued presence of such number1 or any portion of such number in a viewable manner on an ,internet site that is available to the general public1 including any ,internet site that requires a fee for access to information accessible on or through the site2 7#b7 the term ,social ,security account number means the account number assigned to an individual by the ,commissioner of ,social ,security in the exercise of the ,commissioner's authority under section #bje7;c77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;c77#b77 and includes any derivative of such number2 and 7#c7 the term ,state means each of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 and the ,commonwealth of the ,northern ,mariana ,islands4