[Congressional Record Volume 149, Number 112 (Friday, July 25, 2003)]
[Extensions of Remarks]
[Page E1637]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTRODUCTION OF THE ``SOCIAL SECURITY NUMBER PRIVACY AND IDENTITY THEFT 
                        PREVENTION ACT OF 2003''

                                 ______
                                 

                         HON. E. CLAY SHAW, JR.

                               of florida

                    in the house of representatives

                         Friday, July 25, 2003

  Mr. SHAW. Mr. Speaker, use of Social Security numbers is rampant. 
When Social Security numbers were created in 1936, their only purpose 
was to track a worker's earnings so that Social Security benefits could 
be calculated. But today, we literally have a culture of dependence on 
Social Security numbers.
  Businesses and governments use the number as the primary way of 
identifying individuals. All of us know how difficult it is to conduct 
even the most mundane transactions without having to provide our Social 
Security number first. It's no wonder identity theft has become the 
fastest growing white collar crime.
  Worse yet, terrorists, including those responsible for the September 
11th attacks, misuse SSNs in order to assimilate into our society.
  Barely a day goes by without hearing more examples of the truly 
devastating effects of identity theft. Just this month, at a Ways and 
Means Subcommittee on Social Security hearing, we learned about a widow 
whose husband died in the September 11th attacks on the World Trade 
Center--an illegal immigrant used her deceased husband's Social 
Security number to get a driver's license and to work. We also heard 
about individuals whose credit was ruined, who were arrested for crimes 
they did not commit, and who spent years and hundreds or even thousands 
of dollars out of their own pockets trying to clear their names because 
of identity theft often facilitated by obtaining the individual's 
Social Security number.
  Concerns about identity theft are increasing dramatically. According 
to the Federal Trade Commission, identity theft is the number one 
consumer complaint--amounting to 43 percent of complaints received in 
2002. In fact, my state, Florida, is sixth in the nation in the number 
of identity theft victims per 100,000 people.
  Clearly, there is need for a comprehensive law to better protect the 
privacy of Social Security numbers and protect the American public from 
being victimized. Today, I re-introduce the ``Social Security Number 
Privacy and Identity Theft Prevention Act of 2003,'' which is similar 
to bipartisan legislation introduced during the last Congress. In the 
public and private sector, the bill would restrict the sale and public 
display of Social Security numbers, limit dissemination of Social 
Security numbers by credit reporting agencies, make it more difficult 
for businesses to deny services if a customer refuses to provide his or 
her Social Security number and establish civil and criminal penalties 
for violations.
  Based on the thoughtful comments we have received, this new 
legislation reflects a small number of fair and appropriate 
modifications, including the following:
  In response to concerns about potentially preventing necessary 
disclosures of the SSN and the impact on businesses, customers, and the 
economy, the U.S. Attorney General will be able to authorize the sale, 
purchase and display of SSNs only when necessary and with restrictions 
to assure the Social Security number would not be used to commit fraud 
or crime and to prevent risk of individual harm.
  Based on feedback from employee benefit plan administrators, the 
legislation makes clear that sale and purchase of Social Security 
numbers does not include its submission for administering employee 
benefits.
  In response to concerns regarding vulnerabilities in the Social 
Security Administration's process of issuing Social Security numbers, 
the bill tightens controls by requiring a photo ID; raising the 
standards for issuing Social Security numbers to babies; and 
restricting reissuance of Social Security number cards.
  In response to concerns about the need for stronger, clearer 
penalties for SSN misuse, the legislation provides enhanced criminal 
penalties for repeat offenders and for misuse associated with drug 
trafficking, crimes of violence, and terrorism. The legislation 
provides criminal penalties for Social Security employees who sell 
Social Security numbers or cards, as well as for individuals who sell 
their own Social Security number to another.
  Congress must act to protect the very number it requires each of us 
to obtain and use throughout our lifetime. Providing for uses of Social 
Security numbers that benefit the public while protecting these numbers 
from being used by criminals, or even terrorists, is a complex 
balancing act. This bill achieves that balance by ensuring Social 
Security numbers are assigned accurately, exchanged only when 
necessary, and protected from indiscriminant disclosure. I urge Members 
to co-sponsor this important legislation.

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