[Congressional Record Volume 156, Number 110 (Monday, July 26, 2010)]
[Extensions of Remarks]
[Page E1423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTRODUCTION OF THE ``NO PRISONER ACCESS TO SOCIAL SECURITY NUMBERS ACT 
                               OF 2010''

                                 ______
                                 

                           HON. EARL POMEROY

                            of north dakota

                    in the house of representatives

                         Monday, July 26, 2010

  Mr. POMEROY. Madam Speaker, I rise to introduce the ``No Prisoner 
Access to Social Security Numbers Act of 2010.'' I am honored to be 
joined by the Ranking Member and other members of the Committee on Ways 
and Means as cosponsors of this needed legislation.
  The bill would protect the accuracy of Social Security records and 
help shield individuals from identity theft by prohibiting federal, 
state, and local governments from employing prisoners in any capacity 
that would allow inmates access to full or partial Social Security 
numbers (SSNs) of other individuals.
  Some prisons allow inmates to work while incarcerated, generally for 
the government or government contractors. In the course of their duties 
for these prison industries, some inmates perform duties such as data 
entry and digital scanning of documents, which allow them to view SSNs 
on student transcripts and employee wage statements for Federal, State 
or local governments. Such access raises the potential for crimes such 
as harassment or stalking, and SSN-related identity theft, which 
damages the integrity of Social Security records and puts individuals 
and businesses at risk for fraud.
  Identity theft remains the fastest growing type of fraud in the 
United States. In 2009 over 11 million Americans were reportedly 
victims of identity theft, an increase of about 12 percent from the 
number of cases in 2008. In addition, the Federal Trade Commission 
estimates that it costs consumers about $50 billion annually. Access to 
Social Security numbers provides criminals with a key that unlocks many 
other sources of private personal information that can be used to 
perpetrate identity theft. The Social Security system relies on 
accurate earnings records associated with an individual's SSN. When an 
SSN is used by more than one person, it affects the accuracy and 
integrity of the Social Security system.
  The Office of Inspector General (OIG) for the Social Security 
Administration (SSA) has investigated the use of prison inmates to 
process SSN information in several reports. In a 2006 report, the OIG 
found 13 states had allowed prison inmates to perform work that allowed 
them access to personally identifiable information, including SSNs. SSA 
responded by contacting the state governments and advising them of the 
dangers of this practice. In response, five states stopped this work. 
However, a more recent audit found that several states continue to 
allow prisoner access to SSN information. The states are Alabama, 
Arkansas, Kansas, Nebraska, Oklahoma, South Dakota, and Tennessee. Some 
of these states have adopted limited safeguards to keep prisoners from 
stealing the information, but the OIG's audit found these protections 
generally insufficient. SSA and the OIG agreed that legislation to ban 
on this practice altogether was warranted.
  The Committee's comprehensive SSN privacy bill (H.R. 3306) included a 
prohibition on prisoner access. That bill was reported out of the 
Committee on Ways and Means unanimously in the 110th Congress but has 
not advanced. Based on the findings in the Inspector General's report, 
however, Ranking Member Johnson and I agreed that the prohibition on 
prisoner access was needed immediately and therefore we have introduced 
it in its own bill, so that we may move to enact it as quickly as 
possible.
  I urge my colleagues to support this legislation, which will help 
shut down a dangerous and unnecessary threat to the privacy of Social 
Security numbers.

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