S.744 Immigration bill - Sec. 3102: INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS
Posted Wed, Apr 17, 2013 at 4:57 pm
- (a) Fraud-resistant, Tamper-resistant, Wear-resistant, and Identity Theft-resistant Social Security Cards-
- (1) ISSUANCE-
- (A) PRELIMINARY WORK- Not later than 180 days after
the date of the enactment of this title, the Commissioner of Social
Security shall begin work to administer and issue fraud-resistant,
tamper-resistant, wear-resistant, and identity theft-resistant social
security cards.
- (B) COMPLETION- Not later than 5 years after the
date of enactment of this title, the Commissioner of Social Security
shall issue only social security cards determined to be fraud-resistant,
tamper-resistant, wear-resistant, and identity theft-resistant social
security cards.
- (2) AMENDMENT- Section 205(c)(2)(G) of the Social
Security Act (42 U.S.C. 405(c)(2)(G)) is amended by striking the second
sentence and inserting the following: `The social security card shall be
fraud-resistant, tamper-resistant, wear-resistant, and identity
theft-resistant.'.
- (3) APPROPRIATION- Out of any money in the Treasury of
the United States not otherwise appropriated, there is appropriated to
the Commissioner of Social Security an additional amount for `Limitation
on Administrative Expenses' for the purpose of carrying out the
amendments made by this subsection, $1,000,000,000 for fiscal year 2014,
to remain available until expended.
- (4) EMERGENCY DESIGNATION FOR CONGRESSIONAL
ENFORCEMENT- In the Senate, amounts made available under this subsection
are designated as an emergency requirement pursuant to section 403(a)
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
- (5) EMERGENCY DESIGNATION FOR STATUTORY PAYGO- Amounts
made available under this subsection are designated as an emergency
requirement under section 4(g) of the Statutory Pay-As-You-Go Act of
2010 (Public Law 111-139; 2 U.S.C. 933(g)).
- (b) Multiple Cards- Section 205(c)(2)(G) of the Social
Security Act (42 U.S.C. 405(c)(2)(G)), as amended by subsection (a)(2),
is amended--
- (1) by inserting `(i)' after `(G)'; and
- (2) by adding at the end the following:
- `(ii) The Commissioner of Social Security shall restrict
the issuance of multiple replacement social security cards to any
individual to 3 per year and 10 for the life of the individual, except
that the Commissioner may allow for reasonable exceptions from the
limits under this clause on a case-by-case basis in compelling
circumstances.'.
- (c) Criminal Penalties-
- (1) SOCIAL SECURITY FRAUD-
- (A) IN GENERAL- Chapter 47 of title 18, United States Code, is amended by inserting at the end the following:
`Sec. 1041. Social security fraud.
- `Any person who--
- `(1) knowingly possesses or uses a social security
account number or social security card knowing that the number or card
was obtained from the Commissioner of Social Security by means of fraud
or false statement;
- `(2) knowingly and falsely represents a number to be
the social security account number assigned by the Commissioner of
Social Security to him or her or to another person, when such number is
known not to be the social security account number assigned by the
Commissioner of Social Security to him or her or to such other person;
- `(3) knowingly, and without lawful authority, buys,
sells, or possesses with intent to buy or sell a social security account
number or a social security card that is or purports to be a number or
card issued by the Commissioner of Social Security;
- `(4) knowingly alters, counterfeits, forges, or falsely makes a social security account number or a social security card;
- `(5) knowingly uses, distributes, or transfers a social
security account number or a social security card knowing the number or
card to be intentionally altered, counterfeited, forged, falsely made,
or stolen; or
- `(6) without lawful authority, knowingly produces or
acquires for any person a social security account number, a social
security card, or a number or card that purports to be a social security
account number or social security card,
- shall be fined under this title, imprisoned not more than 5 years, or both.'.
- (B) TABLE OF SECTIONS AMENDMENT- The table of
sections for chapter 47 of title 18, United States Code, is amended by
adding after the item relating to section 1040 the following:
- `Sec. 1041. Social security fraud.'.
- (2) INFORMATION DISCLOSURE-
- (A) IN GENERAL- Notwithstanding any other provision
of law and subject to subparagraph (B), the Commissioner of Social
Security shall disclose for the purpose of investigating a violation of
section 1041 of title 18, United States Code, or section 274A, section
274B, or section 274C of the Immigration and Nationality Act (8 U.S.C.
1324a, 1324b, 1324c), provided that such request is in writing and from
an officer in a supervisory position or higher official, the following
records of the Social Security Administration to any Federal law
enforcement agency that requests such records:
- (i) Records concerning the identity, address,
location, or financial institution accounts of the holder of a social
security account number or social security card.
- (ii) Records concerning the application for and issuance of a social security account number or social security card.
- (iii) Records concerning the existence or nonexistence of a social security account number or social security card.
- (B) LIMITATION- The Commissioner of Social Security
shall not disclose any tax return or tax return information pursuant to
subparagraph (A) except as authorized by section 6103 of the Internal
Revenue Code of 1986.
3102
INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS