[Congressional Record Volume 148, Number 63 (Thursday, May 16, 2002)]
[Senate]
[Page S4509]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           REFERRAL OF S. 848

  Mr. REID. I ask unanimous consent that S. 848, the Social Security 
Number Misuse Prevention Act of 2002, reported today by the Judiciary 
Committee, be referred to the Committee on Finance.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BAUCUS. Mr. President, the social security number was originally 
devised to administer the Social Security program. Despite the limited 
purpose for which it was intended, the social security number is now 
widely used by Federal, State and local governments, businesses, health 
care providers, educational institutions, and others for identification 
and recordkeeping.
  The unintended consequence of this widespread use is that social 
security numbers have been used to facilitate a growing range of 
illegal activities, including fraud, identity theft, and, in some 
cases, stalking and other violent crimes.
  Because the Federal Government requires virtually every individual in 
the United States to have a social security number to seek employment, 
to pay taxes, to qualify for social security benefits, it is necessary 
and appropriate for the Federal Government to take steps to prevent the 
abuse of social security numbers.
  Last year, Senator Feinstein and Senator Gregg introduced a bill, S. 
848, designed to protect social security numbers. Based on the fact 
that one section of the bill amends Title 18, the so called ``criminal 
code,'' and another section of the bill gives the Attorney General 
certain rulemaking authority, the bill was referred to the Judiciary 
Committee.
  However, the purpose of this bill is to protect social security 
numbers, which as a matter of law falls within the scope of Social 
Security Act, which as a matter of jurisdiction falls within the 
purview of the Financial Committee.
  The Social Security Act, which led to the creation of the social 
security number, has been amended numerous times to protect Social 
Security numbers and the Social Security Office of Inspector General 
has been given authority to enforce these protections. A careful review 
of S. 848 clearly shows that the preponderance of its provisions fall 
within the scope of the Finance Committee's jurisdiction.
  Therefore, it is my view that this bill, S. 848, should have been 
referred to the Finance Committee.
  Unfortunately, there is no provision in Senate rules to correct this 
mistake and refer S. 848 to the Finance Committee once it has already 
been referred to the Judiciary Committee.
  When the Judiciary Committee scheduled a markup of this bill on May 
2, Senator Grassley and I sent a letter to the chairman and ranking 
member of the Judiciary Committee urging them to postpone markup until 
these questions of jurisdiction could be resolved. Following our 
discussions with Senator Feinstein, Senator Grassley and I have agreed 
to withdraw our objections to the Judiciary Committee proceeding to 
markup S. 848, based on the following three conditions:
  First, in the event that S. 848 is reported out of the Judiciary 
Committee, it will be referred to the Finance Committee.
  Second, it should be understood that this agreement to a sequential 
referral does not cede our claim of jurisdiction to this legislation 
and should not prejudice the referral of future legislation on this 
matter.
  Third, it is my intention to have the Finance Committee consider S. 
848 as soon as the committee schedule permits.

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