Sec. 7. Extension of civil monetary penalties for misuse of a Social Security number

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Section 1129(a) of the Social Security Act (42 U.S.C. 1320a–8(a)) is amended— by redesignating paragraphs

(2)and

(3)as paragraphs

(4)and (5), respectively; by designating the last sentence of paragraph

(1)as paragraph

(2)and inserting such paragraph after paragraph (1); and by inserting after paragraph

(2)(as so designated and inserted under paragraph

(2)of this subsection) the following: Any person (including an organization, agency, or other entity) who— uses a Social Security account number that such person knows or should know has been assigned by the Commissioner of Social Security (in an exercise of authority under section 205(c)(2) to establish and maintain records) on the basis of false information furnished to the Commissioner by any person; falsely represents a number to be the Social Security account number assigned by the Commissioner of Social Security to any individual, when such person knows or should know that such number is not the Social Security account number assigned by the Commissioner to such individual; knowingly alters a Social Security card issued by the Commissioner of Social Security, or possesses such a card with intent to alter it; knowingly displays, sells, or purchases a card that is, or is purported to be, a card issued by the Commissioner of Social Security, or possesses such a card with intent to display, purchase, or sell it; counterfeits a Social Security card, or possesses a counterfeit Social Security card with intent to display, sell, or purchase it; discloses, uses, compels the disclosure of, or knowingly displays, sells, or purchases the Social Security account number of any person in violation of the laws of the United States; with intent to deceive the Commissioner of Social Security as to such person’s true identity (or the true identity of any other person) 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 205(c)(2); offers, for a fee, to acquire for any individual, or to assist in acquiring for any individual, an additional Social Security account number or a number which is or is purported to be a Social Security account number; or being an officer or employee of a Federal, State, or local agency in possession of any individual’s Social Security account number, willfully acts or fails to act so as to cause a violation by such agency of section 205(c)(2)(C)(vi)(II) (relating to prohibition of display of Social Security account numbers on driver’s licenses, motor vehicle registrations, and personal identification cards) or section 205(c)(2)(C)(x) (added by Public Law 111–318 and relating to prohibition of display of Social Security account numbers on checks issued for payment by Federal, State, or local agencies), shall be subject to, in addition to any other penalties that may be prescribed by law, a civil money penalty of not more than $5,000 for each violation. Such person shall also be subject to an assessment, in lieu of damages sustained by the United States resulting from such violation, of not more than twice the amount of any benefits or payments paid as a result of such violation. . Except as provided in paragraph (2), the amendments made by this section shall apply with respect to violations of section 1129 of the Social Security Act (42 U.S.C. 1320–8), as amended by this section, committed after the date of the enactment of this Act. Section 1129(a)(3)(I) of the Social Security Act (42 U.S.C. 1320a–8(a)(3)(I)), as added by subsection (a), shall apply with respect to violations of that section occurring on or after the effective date described in section 3(c).

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42 USC 1320a–8(a)
Pub. L. 111-318
42 USC 1320–8
42 USC 1320a–8(a)(3)(I)

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Sec. 7

Extension of civil monetary penalties for misuse of a Social Security number

Cite42 USC 1320a–8(a)

Pub. L.Pub. L. 111-318

Cite42 USC 1320–8

Cite42 USC 1320a–8(a)(3)(I)

Cites 4Cited by 0 across 0 sources