[Congressional Record Volume 170, Number 8 (Tuesday, January 16, 2024)]
[House]
[Pages H139-H141]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              SOCIAL SECURITY CHILD PROTECTION ACT OF 2023

  Mr. SMITH of Nebraska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 3667) to amend title II of the Social Security Act 
to provide for the reissuance of social security account numbers to 
young children in cases where confidentiality has been compromised, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3667

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Social Security Child 
     Protection Act of 2023''.

     SEC. 2. REISSUANCE OF SOCIAL SECURITY ACCOUNT NUMBERS TO 
                   YOUNG CHILDREN IN CASES WHERE CONFIDENTIALITY 
                   HAS BEEN COMPROMISED.

       (a) In General.--Section 205(c)(2)(B) of the Social 
     Security Act (42 U.S.C. 405(c)(2)(B)) is amended--
       (1) by redesignating clause (iii) as clause (iv); and
       (2) by inserting after clause (ii) the following new 
     clause:
       ``(iii) In any case in which a social security account 
     number has been issued to a child who has not attained the 
     age of 14 pursuant to subclause (IV) or (V) of clause (i) and 
     it is demonstrated by evidence, as determined by the 
     Commissioner of Social Security, and submitted under penalty 
     of perjury to the Commissioner by a parent or guardian of the 
     child that in the course of transmission of the social 
     security card to the child, the confidentiality of such 
     number has been compromised by reason of loss or theft of 
     such social security card, the Commissioner shall issue a new 
     social security account number to such child and make note in 
     the records maintained with respect to such child of the 
     pertinent information received by the Commissioner regarding 
     the loss or theft of the social security card.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nebraska (Mr. Smith) and the gentleman from New Jersey (Mr. Pascrell) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Nebraska.


                             General Leave

  Mr. SMITH of Nebraska. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nebraska?
  There was no objection.
  Mr. SMITH of Nebraska. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, when it comes to identity theft, it is not just 
ourselves, our friends, and our coworkers, but it is also children who 
are at risk.

[[Page H140]]

  In 2021, roughly 1.25 million children were the victims of identity 
fraud. In many cases, it can take years before families discover that 
their children had their Social Security numbers stolen and misused by 
criminals.
  Unfortunately, when parents try to obtain a new Social Security 
number for their child, they hit a government roadblock. Under existing 
policy, the Social Security Administration will only issue a new number 
if a child can show this theft caused harm within the past 2 years.
  Because children do not have a work or credit history, many families 
never realize their child's identity has been compromised until it is 
too late.
  Last year, South Dakota Governor Kristi Noem testified that her 
family was victimized by an improper disclosure of their Social 
Security numbers.
  Congress must take steps to protect the American people from identity 
theft and those who have had their Social Security numbers compromised.
  H.R. 3667, the Social Security Child Protection Act of 2023 
introduced by Representatives Wenstrup and Blumenauer, will require the 
Social Security Administration to immediately issue a new number to a 
child under the age of 14 when that child's Social Security card has 
been compromised.
  This is a commonsense fix to a serious problem that millions of 
families face every year, and I urge my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LARSON of Connecticut. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I join in commending our colleagues, Mr. Blumenauer and 
Mr. Wenstrup, for their outstanding work on H.R. 3667, the Social 
Security Child Protection Act.
  I especially acknowledge Mr. Blumenauer, who is going to be leaving 
the Congress, for his longstanding work in this area.
  Currently, Social Security Administration policy says that in order 
to get a new Social Security number, the person has to show both that 
their number has been misused by a third party and that this misuse has 
resulted in harm to the number holder.
  Unfortunately, we have heard from parents about their child's Social 
Security cards being stolen in the mail when they are first issued. 
From there, criminals are able to hold on to that number and use it for 
nefarious purposes.
  Unfortunately, children who never receive their Social Security card 
in the mail may not realize for many years that their identity has been 
stolen. That is why this legislation is so critical and important.
  I commend the members of the majority for bringing this forward. It 
is rare that we bring forward Social Security legislation, noting that 
Social Security is the number one antipoverty program in the country, 
the number one antipoverty program for the elderly, and the number one 
antipoverty program for children.
  It also might surprise listeners who are tuning in to know that it 
has been 52 years since the Congress has taken any action to enhance 
Social Security benefits.
  This is deemed a huge step forward to focus on a policy that is much 
needed, but more than 5 million of our fellow Americans get below 
poverty level checks from Social Security.
  Mr. Speaker, 10,000 baby boomers a day become eligible for Social 
Security, and Congress hasn't even taken a vote.
  It is not a lot to ask of Congress, and I hope that our distinguished 
colleagues--and I know many of them care deeply about this issue--
somehow find the resolve to vote on enhancing Social Security benefits. 
It will go well with this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of Nebraska. Mr. Speaker, I yield 2 minutes to the 
gentleman from Ohio (Mr. Wenstrup), the author of the bill and an 
expert on this topic.
  Mr. WENSTRUP. Mr. Speaker, I rise today in support of my bill, the 
Social Security Child Protection Act, H.R. 3667.
  Child identity theft is a serious problem in our country, and 
families across America should have the ability to protect their 
children when a child's Social Security number is compromised early in 
life.
  When a child's identity falls into the hands of the wrong person, it 
sets the stage for a future of financial problems and headaches that 
can hinder their ability to do things like open a bank account, 
purchase a car, or establish a line of credit.
  I know firsthand that when adoption takes place, often there is a 
recommendation that that child, who may already have a Social Security 
number, get a new Social Security number for their protection.
  Unfortunately, the Social Security Administration's current policies 
make it challenging for families to obtain a new Social Security number 
after a child's Social Security number has been compromised.
  This commonsense legislation that we propose would direct the Social 
Security Administration to issue a new Social Security number to a 
child under the age of 14 if that child's Social Security card was lost 
or stolen. Parents should not be forced to navigate bureaucratic red 
tape to protect their child's financial future.
  I am proud to be leading this bipartisan solution with my friend and 
colleague, Representative Blumenauer. Mr. Speaker, I urge all of my 
colleagues to support this measure, and I thank my Ways and Means 
colleagues and staff for their support of this sensible legislation.
  Mr. LARSON of Connecticut. Mr. Speaker, I yield myself the balance of 
my time.
  Mr. Speaker, I thank Mr. Wenstrup and Mr. Blumenauer for their 
incredible work in this area. This bill deserves to be on the Consent 
Calendar. That is how important and straightforward it is.
  Let us hope that our colleagues in the Senate see it in the same 
light and that we get something important accomplished.
  Mr. Speaker, as I said, I cannot leave this floor as the ranking 
member on the Subcommittee on Social Security and not mention the fact 
that it has been 53 years since Congress has voted on anything to 
enhance Social Security.
  That is a disgrace for both sides, Democrats and Republicans. It is a 
disgrace. Let's call it what it is.
  Mr. Speaker, 5 million of our fellow Americans get below poverty 
level checks in the wealthiest Nation in the world, where billionaires 
stopped paying into Social Security on January 2.
  Come on. In the wealthiest Nation in the world, how about we make 
sure that for 23 million Americans, they get a tax break?
  We are willing to give corporations tax breaks left and right. How 
about the average working person who has paid into a system all of 
their lives, yet they get taxed on that? Where is the interest from my 
colleagues on the other side with respect to that?
  Mr. Speaker, 23 million Americans who deserve a tax break can't get 
it, though we have a bill that is in front of them that would also 
recognize the teachers, firefighters, and police officers, who everyone 
professes to be in favor of until it comes time for them to get paid.

                              {time}  1700

  As our colleagues on the other side know, WEP and GPO prevent that 
from happening. We repealed that and made sure that these individuals 
get those needed benefits.
  In this time of great disparity, global inflation, coming through a 
pandemic, and when economists have recognized the inequitable imbalance 
of wealth, what better way to bring balance than providing the decency 
of Congress just merely taking a vote?
  If you disagree with it, if you have a better idea, for God's sake, 
put it forward, but please don't tell us about this commission behind 
closed doors where a select group of people without public hearings are 
going to determine what Social Security will be.
  Social Security doesn't need a commission. It doesn't need to go 
behind closed doors. It needs a vote. Just like the vote we are giving 
to this commonsense proposal today, a vote on Social Security 
represents pure common sense because it assists over 70 million of your 
fellow Americans.
  This is not Democratic or Republican. This is about your brothers, 
your sisters, your family, your aunts, your uncles, the people you 
worship and go to church with, and the people in your communities.

[[Page H141]]

  Speaking of communities, every community benefits. This is an 
enormous economic development plan because the money goes directly to 
the individual.
  Where do those individuals spend that Social Security money? Right 
back in your districts. Right back in the district that these 
individuals live in.
  It helps out the local pharmacists. It helps out the local grocery 
store. It helps out individuals.
  This is something that should be embraced by both sides. Ironically, 
in the past when Social Security has been enhanced--it happened under 
Dwight David Eisenhower and under Mr. Nixon, as well. Since Richard 
Nixon was President of the United States, Social Security has not been 
enhanced.
  Here we are, coming out of a global pandemic, coming out of global 
inflation, and the very individuals who need our help the most--our 
seniors--we won't even give them a vote.
  Mr. Speaker, this is the United States Congress. We come here and 
represent the people of our districts. This is a benefit they not only 
richly need but they deserve. It is something they have earned.
  This is not an entitlement, as some profess. This is an earned 
benefit.
  Yes, for all you viewers at home, all you have to do is look at your 
pay stub. It says FICA, Federal Insurance Contribution Act. The Federal 
insurance is Social Security; the contribution is yours.
  Yes, the employer also gives, but he gets a tax break for that, 
completely able to write it off.
  Mr. Speaker, I thank Mr. Blumenauer and Mr. Wenstrup for allowing me 
the opportunity to come here this afternoon to address their bill but 
also for providing an opportunity as well because I don't think we are 
going to see many more coming where we will actually get to vote on 
Social Security benefits and enhancements for the people who we are 
sworn to serve.
  Mr. Speaker, again, 10,000 baby boomers a day become eligible for 
Social Security. It has been 53 years since we last enhanced the 
program. More than 5 million get below poverty level checks, having 
paid in all their lives, and 23 million Americans are being denied a 
tax cut that they would otherwise receive.
  Teachers and firefighters, et cetera, would see the repeal of WEP and 
GPO, and we can't get a vote in the Ways and Means Committee or on the 
floor of the Congress on this bill.
  Mr. Speaker, as I said, it is a disgrace. Make no mistake, both 
parties share the blame, but there is no excuse for not taking a vote 
and putting this before the American people so they can fully 
appreciate it. They understand the need. They feel it every day because 
of the situation that they find themselves in because Congress has 
failed to act and failed to vote.
  The fundamental thing that we are sent here to do is represent people 
and vote; not to vote on the most basic of issues, the Nation's number 
one antipoverty program for the elderly and the number one antipoverty 
program for the children. We have failed.
  Yes, and it is paid for. It is paid for by those very billionaires 
who stopped paying in on January 2 to Social Security.
  The guy making $35,000 to $50,000, Mr. Speaker, is paying in the 
whole time. The guy making $100,000 to $150,000 is paying in the whole 
time. Those other guys aren't.
  Most people don't realize that there is a cap, and they are exempt 
from paying. How about we lift that cap, and they pay their fair share? 
How about we extend the benefits of Social Security that haven't been 
done in 53 years? Our fellow Americans who have paid in will get pulled 
up out of poverty, and future generations will know that it is there 
and secure for them, as it was for their parents and grandparents.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of Nebraska. Mr. Speaker, I certainly thank my colleagues 
for a bipartisan effort in moving forward a solution. I am proud to say 
that the tradition within the Committee on Ways and Means, especially 
Social Security issues, is bipartisan. When we can work together, we 
can move legislation forward.
  I always welcome opportunities to have discussions that we know are 
important for America. On the need to address Social Security, it is my 
hope we can have a bipartisan action moving forward.
  Meanwhile, we have a bill here that I think shows that we can work 
together to strengthen Social Security, that we can root out some 
fraud, assist the American people in rooting out fraud, and, hopefully, 
ultimately, prevent it so that Social Security can be stronger as a 
result.
  Mr. Speaker, I certainly thank Dr. Wenstrup for his diligent effort 
along the way, and I urge my colleagues to support this good piece of 
legislation.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nebraska (Mr. Smith) that the House suspend the rules 
and pass the bill, H.R. 3667, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SMITH of Nebraska. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

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