Sec. 5. Rulemaking authority of the Attorney General
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Except as provided in subsection (b), the Attorney General may prescribe such rules and regulations as the Attorney General deems necessary to carry out the provisions of section 1028B(e)(5) of title 18, United States Code (as added by section 3(a)(1)). Not later than 1 year after the date of the enactment of this Act, the Attorney General, in consultation with the Commissioner of Social Security, the Chairman of the Federal Trade Commission, and such other heads of Federal agencies as the Attorney General determines appropriate, shall conduct such rulemaking procedures in accordance with subchapter II of chapter 5 of title 5, United States Code, as are necessary to promulgate regulations to implement and clarify the uses occurring as a result of an interaction between businesses, governments, or business and government (regardless of which entity initiates the interaction) permitted under section 1028B(e)(5) of title 18, United States Code (as added by section 3(a)(1)).
In promulgating the regulations required under paragraph (1), the Attorney General shall, at a minimum, consider the following: The benefit to a particular business, to customers of the business, and to the general public of the display, sale, or purchase of an individual’s Social Security number. The costs that businesses, customers of businesses, and the general public may incur as a result of prohibitions on the display, sale, or purchase of Social Security numbers. The risk that a particular business practice will promote the use of a Social Security number to commit fraud, deception, or crime.
The presence of adequate safeguards, procedures, and technologies to prevent— misuse of Social Security numbers by employees within a business; and misappropriation of Social Security numbers by the general public, while permitting internal business uses of such numbers. The presence of procedures to prevent identity thieves, stalkers, and other individuals with ill intent from posing as legitimate businesses to obtain Social Security numbers. The impact of such uses on privacy.