ASBA Update From Washington

As an ASBA member, you now have free access to news and updates on important issues from our legislative team in Washington DC.

November 2007
by James C. Musser, ASBA Washington Representative

Technology often outpaces the law and Congress is scrambling to keep up to protect our identities from high tech thieves. One of the threats seniors face is theft of a Social Security Number. Bi-partisan legislation is making its way through Congress to help combat the identity thieves, protect the individual's good credit and make it more difficult for terrorists to use stolen Social Security Numbers to access airports, seaports, nuclear power plants and similar sensitive infrastructure.

Social Security Subcommittee Chairman Michael McNulty (D-NY) introduced H.R. 3046, the Social Security Number Privacy and Identity Theft Prevention Act of 2007. Chairman McNulty's bill quickly gained strong bi-partisan support from fifty-three other Members of the House. The bill places restrictions on the sale and display of Social Security account numbers (SSNs) by government agencies and prohibits the use of SSNs on government checks, employee identity cards or tags and prohibits the sale of SSNs to the general public. H.R. 3046 also prohibits the acquisition or use of a person's SSN to locate or identify a person with the intent to injure or harm the owner of the SSN. Finally, it establishes new civil and criminal penalties for the misuse of a SSN.

At hearings on the proposed legislation, Social Security Administration (SSA) Inspector General Patrick O'Carroll testified that the SSA receives over 10,000 allegations of misuse each year. Inspector General O'Carroll also said the SSA investigates approximately 1,500 cases of criminal misuse of SSNs annually. O'Carroll also said the SSA has been taking steps to make sure that driver's licenses, Medicare cards and other commonly carried identification does not bear the owner's Social Security Number.

The Subcommittee on Social Security reported the bill to the full Ways and Means Committee for consideration. The Ways and Means Committee, after minor amendments, adopted the bill unanimously on a vote or 41-0. The bill has been reported to the House of Representatives and was placed on the Union Calendar, the list of bills awaiting debate in the House.

Although Congress is taking steps to help secure our identification and benefit accounts, individuals must still be on the look out for warning signs of identity theft. Some of those signs are:

1. Failure of regular bills or account statements to reach you on time
2. Unauthorized expenses on your credit or debit card statement
3. Checks missing from your checkbook
4. Collection agencies contacting you regarding debts you did not incur
5. Being denied a loan, mortgage or other type of credit due to unexplained debts on your credit report
6. Accounts you did not open appear on your credit report

Although free credit reports are only available through www.annualcreditreport.com, the credit reporting bureaus can be contacted at any time to place a fraud alert or to purchase a credit report.

The three reporting bureaus are:

Transunion (www.transunion.com) Dial 1-800-680-7289 to place a fraud alert.

Experian (www.experian.com) Dial 1-888-397-3742 to place a fraud alert.

Equifax (www.equifax.com) Dial 1-888-766-0008 to place a fraud alert.

Finally, if your Social Security Card is lost or stolen you can contact the Social Security Administration at: 1-800-772-1213 or on-line go to: www.socialsecurity.gov.

ASBA closely monitors all the issues affecting seniors and small business owners. Check back each month for the latest from our nation's capital.

James C. Musser, Esq. is a legislative consultant based in Falls Church, Virginia. His reports are updated monthly.