Mr. PAUL. Mr. Speaker, I rise today to
introduce the Privacy Protection Act of 1998, which forbids the
use of the Social Security number for any purpose not directly
related to the administration of the Social Security system. The
Social Security number was created solely for use in
administering the Social Security system. However, today the
Social Security number is used as an identifier for numerous
federal programs. Unless the use of the Social Security number
is restricted, it will soon become a national identification
number by which the federal government can easily keep track of
all vital information regarding American citizens.
Anyone who doubts that we are well on the way to using the Social
Security number as an universal identifier need only consult
1996's welfare reform bill, which forces business to report the
Social Security number of every new employee to the federal
government so it may be recorded in a national data base.
Another example of the abuse of the Social Security number is a
provision in tax law requiring a spouse paying alimony furnish
the IRS with the Social Security number of the spouse receiving
alimony.
These are not isolated incidents; in fact, since the creation of
the Social Security number in 1934 there have been almost 40
congressionally-authorized uses of the Social Security number as
an identification number for non-Social Security programs! Abuse
of the Social Security system also occurs at the state level.
Mr. Speaker, in many states. One cannot get a driver's license,
apply for a job, or even receive a birth certificate for one's
child, without presenting their Social Security number to a
government official, and just X weeks ago 210 of my colleagues
voted to allow States to require citizens to show their Social
Security number in order to vote. Since the Social Security
number is part of a federal program created by Congress, it is
Congress' responsibility to ensure it is not used to violate the
privacy of America's citizens.
Perhaps the most disturbing abuses of the Social Security number
is the Congressionally-authorized rule forcing parents to get a
Social Security number for their newborn children in order to
claim them as a dependent. Mr. Speaker, forcing parents to
register their newborn children with the state is more like
something out of the nightmare of George Orwell than the dreams
of a free Republic that inspired the nation's founders.
Unless the abuses of the Social Security number is stopped,
Americans will soon have a de facto national identification
number, which would provide the federal government the ability
to track all citizens from cradle to grave. The drafters of the
Constitution would be horrified if they knew that the federal
government would have the ability to set up a universal
identifier and every newborn baby had to be assigned a number by
the federal government. I therefore urge my colleagues to
protect America's freedom by cosponsoring the Privacy Protection
Act of 1998.
Privacy Protection Act of 1997 (Introduced in
the House)
HR 3261 IH
105th CONGRESS
2d Session
H. R. 3261
To amend title II of the Social Security Act and the Internal
Revenue Code of 1986 to protect the integrity and
confidentiality of Social Security account numbers issued under
such title, and to prohibit the establishment in the Federal
Government of any uniform national identifying number.
IN THE HOUSE OF REPRESENTATIVES
February 25, 1998
Mr. PAUL introduced the following bill; which was referred to
the Committee on Ways and Means, and in addition to the
Committee on Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To amend title II of the Social Security Act and the Internal
Revenue Code of 1986 to protect the integrity and
confidentiality of Social Security account numbers issued under
such title, and to prohibit the establishment in the Federal
Government of any uniform national identifying number.
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 `Privacy Protection Act of 1997'.
SEC. 2. RESTRICTIONS ON THE USE OF THE SOCIAL SECURITY ACCOUNT
NUMBER.
(a) REPEAL OF PROVISIONS AUTHORIZING USE OF THE SOCIAL SECURITY
ACCOUNT NUMBER- Subparagraph (C) of section 205(c)(2) of the
Social Security Act (42 U.S.C. 405(c)(2)(C)) is amended by
striking `(C)(i) It is the policy' and all that follows through
clause (vi) and inserting the following:
`(C)(i) Except as otherwise provided in this paragraph, no
agency or instrumentality of the Federal Government, any State,
any political subdivision of a State, or any combination of the
foregoing may use a social security account number issued under
this subsection or any derivative of such a number as the means
of identifying any individual.
`(ii) Clause (i) shall not apply with respect to the use of the
social security account number as an identifying number to the
extent provided in section 6109(d) of the Internal Revenue Code
of 1986 (relating to use of the social security account number
for social security and related purposes).
`(iii) If and to the extent that any provision of Federal law
enacted before January 1, 2000, is inconsistent with the policy
set forth in clause (i), such provision shall, on and after such
date, be null, void, and of no effect.'.
(b) CONFORMING AMENDMENTS-
(1) Clauses (vii) and (viii) of section 205(c)(2)(D) of such Act
(42 U.S.C. 405(c)(2)(D)(vii) and (viii)) are redesignated as
clauses (iv) and (v), respectively.
(2) Subsection (d) of section 6109 of the Internal Revenue Code
of 1986 is amended--
(A) in the heading, by inserting `FOR SOCIAL SECURITY AND
RELATED PURPOSES' after `NUMBER'; and
(B) by striking `this title' and inserting `section 86, chapter
2, and subtitle C of this title'.
SEC. 3. CONFORMING AMENDMENTS TO PRIVACY ACT OF 1974.
Section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note, 88
Stat. 1909) is amended--
(1) in subsection (a), by striking paragraph (2) and inserting
the following:
`(2) The provisions of paragraph (1) of this subsection shall
not apply with respect to any disclosure which is required under
regulations of the Commissioner of Social Security pursuant to
section 205(c)(2) of the Social Security Act or under
regulations of the Secretary of the Treasury pursuant to section
6109(d) of the Internal Revenue Code of 1986.';
and
(2) by striking subsection (b) and inserting the following:
`(b) Except with respect to disclosures described in subsection
(a)(2), no agency or instrumentality of the Federal Government,
a State, a political subdivision of a State, or any combination
of the foregoing may request an individual to disclose his
social security account number, on either a mandatory or
voluntary basis.'.
SEC. 4. PROHIBITION OF GOVERNMENT-WIDE UNIFORM IDENTIFYING
NUMBERS.
(a) IN GENERAL- Except as authorized under section 205(c)(2) of
the Social Security Act, any two agencies or instrumentalities
of the Federal Government may not implement the same identifying
number with respect to any individual.
(b) IDENTIFYING NUMBERS- For purposes of this section--
(1) the term `identifying number' with respect to an individual
means any combination of alpha-numeric symbols which serves to
identify such individual, and
(2) any identifying number and any one or more derivatives of
such number shall be treated as the same identifying number.
SEC. 5. EFFECTIVE DATE.
The provisions of this Act, including the amendments made
thereby, shall take effect January 1, 2000.