Sec. 4. Application of Prohibition of the display, sale, or purchase of Social Security numbers to public records
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Chapter 47 of title 18, United States Code (as amended by section 3(a)(1)), is amended by inserting after section 1028B the following: In this section, the term public record means any governmental record that is made available to the general public. Except as provided in subsections (c), (d), and (e), section 1028B shall not apply to a public record. Section 1028B shall apply to any public record first posted onto the Internet or provided in an electronic medium by, or on behalf of, a government entity after the date of the enactment of this section, except as limited by the Attorney General in accordance with paragraph (2).
Not later than 60 days after the date of the enactment of this section, the Attorney General shall issue regulations regarding the applicability of section 1028B to any record of a category of public records first posted onto the Internet or provided in an electronic medium by, or on behalf of, a government entity prior to the date of the enactment of this section. The regulations will determine which individual records within categories of records of these government entities, if any, may continue to be posted on the Internet or in electronic form after the effective date of this section.
In promulgating these regulations, the Attorney General may include in the regulations a set of procedures for implementing the regulations and shall consider the following: 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 section. The cost or burden to the general public, businesses, commercial enterprises, non-profit organizations, and to Federal, State, and local governments of complying with section 1028B with respect to such records.
The benefit to the general public, businesses, commercial enterprises, non-profit organizations, and to Federal, State, and local governments if the Attorney General were to determine that section 1028B should apply to such records. 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 date.
Section 1028B 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 public. Not later than 60 days after the date of the enactment of this section, the Attorney General shall determine the feasibility and advisability of applying section 1028B to the records listed in paragraph
(2)when they appear on paper or on another nonelectronic medium. If the Attorney General deems it appropriate, the Attorney General may issue regulations applying section 1028B to such records. The records listed in this paragraph are as follows: Professional or occupational licenses. Marriage licenses. Birth certificates. Death certificates. Other short public documents that display a Social Security number in a routine and consistent manner on the face of the document. In determining whether section 1028B should apply to the records listed in paragraph (2), the Attorney General shall consider the following: The cost or burden to the general public, businesses, commercial enterprises, non-profit organizations, and to Federal, State, and local governments of complying with section 1028B. The benefit to the general public, businesses, commercial enterprises, non-profit organizations, and to Federal, State, and local governments if the Attorney General were to determine that section 1028B should apply to such records. . The chapter analysis for chapter 47 of title 18, United States Code (as amended by section 3(a)(2)), is amended by inserting after the item relating to section 1028B the following: 1028C. Display, sale, or purchase of public records containing Social Security numbers. . The prohibition with respect to electronic versions of new classes of public records under section 1028C(b) of title 18, United States Code (as added by subsection (a)(1)) shall not take effect until the date that is 60 days after the date of the enactment of this Act.