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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-800
======================================================================
IMPROVING SOCIAL SECURITY'S SERVICE TO VICTIMS OF IDENTITY THEFT ACT
_______
June 29, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Brady of Texas, from the Committee on Ways and Means, submitted the
following
R E P O R T
[To accompany H.R. 6084]
[Including cost estimate of the Congressional Budget Office]
The Committee on Ways and Means, to whom was referred the
bill (H.R. 6084) to amend title VII of the Social Security Act
to provide for a single point of contact at the Social Security
Administration for individuals who are victims of identity
theft, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
I. SUMMARY AND BACKGROUND............................................2
A. Purpose and Summary................................... 2
B. Background and Need for Legislation................... 2
C. Legislative History................................... 3
II. EXPLANATION OF THE BILL...........................................4
A. Improving Social Security's Service to Victims of
Identity Theft Act (Sec. 1 of the Bill).............. 4
B. Single Point of Contact for Identity Theft Victims
(Sec. 2 of the Bill)................................. 4
III.VOTES OF THE COMMITTEE............................................5
IV. BUDGET EFFECTS OF THE BILL........................................5
A. Committee Estimate of Budgetary Effects............... 5
B. Statement Regarding New Budget Authority and Tax
Expenditures Budget Authority........................ 6
C. Cost Estimate Prepared by the Congressional Budget
Office............................................... 6
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE........7
A. Committee Oversight Findings and Recommendations...... 7
B. Statement of General Performance Goals and Objectives. 7
C. Information Relating to Unfunded Mandates............. 7
D. Congressional Earmarks, Limited Tax Benefits, and
Limited Tariff Benefits.............................. 7
E. Duplication of Federal Programs....................... 7
F. Disclosure of Directed Rule Makings................... 7
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED.............8
A. Text of Existing Law Amended or Repealed by the Bill,
as Reported.......................................... 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Social Security's Service to
Victims of Identity Theft Act''.
SEC. 2. SINGLE POINT OF CONTACT FOR IDENTITY THEFT VICTIMS.
(a) In General.--Title VII of the Social Security Act (42 U.S.C. 901
et seq.) is amended by adding at the end the following:
``SECTION 714. SINGLE POINT OF CONTACT FOR IDENTITY THEFT VICTIMS.
``(a) In General.--The Commissioner of Social Security shall
establish and implement procedures to ensure that any individual whose
social security account number has been misused (such as to
fraudulently obtain benefits under title II, VIII, or XVI of this Act,
in a manner that affects an individual's records at the Social Security
Administration, or in a manner that prompts the individual to request a
new social security account number) has a single point of contact at
the Social Security Administration throughout the resolution of the
individual's case. The single point of contact shall track the
individual's case to completion and coordinate with other units to
resolve issues as quickly as possible.
``(b) Single Point of Contact.--
``(1) In general.--For purposes of subsection (a), the single
point of contact shall consist of a team or subset of specially
trained employees who--
``(A) have the ability to coordinate with other units
to resolve the issues involved in the individual's
case, and
``(B) shall be accountable for the case until its
resolution.
``(2) Team or subset.--The employees included within the team
or subset described in paragraph (1) may change as required to
meet the needs of the Social Security Administration, provided
that procedures have been established to--
``(A) ensure continuity of records and case history,
and
``(B) notify the individual when appropriate.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect 180 days after the date of enactment of this Act.
I. SUMMARY AND BACKGROUND
A. Purpose and Summary
H.R. 6084, as reported by the Committee on Ways and Means,
amends Title VII of the Social Security Act to require the
Social Security Administration (SSA) to provide a single point
of contact to any individual who needs to resolve a problem
with the SSA because of misuse of his or her Social Security
number (SSN). The bill aims to make it easier and less
confusing for an identity theft victim to resolve issues
related to the misuse of his or her SSN by providing a single
point of contact within the SSA until all associated issues are
resolved.
B. Background and Need for Legislation
Identity theft is a serious issue affecting tens of
millions of Americans. The Federal Trade Commission, the lead
federal agency on identity theft, reported almost 400,000
complaints of identity theft in 2017, an almost 30 percent
increase from 2013.\1\
---------------------------------------------------------------------------
\1\Consumer Sentinel Network Data Book for January--December 2015,
Federal Trade Commission, at page 79 (February 2016) and Consumer
Sentinel Network Data Book for January--December 2017, Federal Trade
Commission, at page 91 (March 2018).
---------------------------------------------------------------------------
The SSN continues to be an increasingly valuable target for
identity theft due to its widespread use throughout the public
and private sectors. SSN misuse--when a person other than the
rightful numberholder incorrectly or improperly uses a
numberholder's SSN--can create additional difficulties for
identity theft victims if they need to contact the SSA as a
result of such misuse. Cases of SSN misuse may require
individuals to contact the SSA to disclaim fraudulently claimed
benefits, correct earnings records, or apply for a new SSN.
Resolving an issue related to SSN misuse can be complex,
and may require an individual to face multiple, different
processes requiring him or her to speak to multiple, different
people before the issue can be resolved. For example, if it is
the first time a person's SSN has been identified as being
associated with a fraudulent or anomalous benefit claim, the
process will vary depending on whether the fraudulent or
anomalous claim is first noticed by the individual or by the
SSA. If the individual notices a fraudulent claim themselves,
the individual will need to contact the SSA, generally by phone
or in person, and ultimately the individual will have to go
into a field office to resolve the issue. If the SSA identifies
a claim as anomalous, the SSA's Workload Support Unit (WSU)
will mail a notice to the claimant requesting that he or she
contact an employee at the WSU to discuss the claim. The WSU
will also apply a flag indicating that anomalous activity has
been associated with the SSN. When the claimant calls the WSU
as instructed on the notice, the employee will generally direct
him or her to visit his or her local field office to process
the claim or resolve any associated issues. If an individual's
SSN has previously been used to file a fraudulent claim, there
is no guarantee that he or she will have the same point of
contact within the SSA to resolve subsequent fraudulent claims.
In each of these circumstances, the identity theft victim could
end up speaking with multiple, different employees to resolve
the issue.
Identity theft victims whose benefits have previously been
fraudulently claimed cannot file subsequent legitimate claims
online or by phone and are required to do so in person at a
field office. If the claimant attempts to file online, the
claim will not be processed and he or she will be directed to
contact the SSA, which may require him or her to speak with
multiple SSA employees. Similarly, if the claimant attempts to
file by phone, the claim will not be processed and he or she
may be required to speak with multiple SSA employees, first by
phone and then in person at a field office.
C. Legislative History
Background
H.R. 6084 was introduced on June 13, 2018, as the
``Improving Social Security's Service to Victims of Identity
Theft Act,'' and was referred to the Committee on Ways and
Means.
Committee hearings,
On May 23, 2017, the Social Security Subcommittee held a
joint hearing with the House Oversight and Government Reform
Subcommittee on Information Technology, entitled ``Protecting
Americans' Identities: Examining Efforts to Limit the Use of
Social Security Numbers.'' The hearing focused on efforts by
federal agencies to reduce the use of SSNs and the challenges
these agencies face in doing so. At the hearing, identity theft
was highlighted as one of the fastest growing crimes. The
hearing also highlighted the danger that the theft of an SSN
can pose to an individual.
On May 17, 2018, the Social Security Subcommittee held a
hearing entitled ``Securing Americans' Identities: The Future
of the Social Security Number.'' The hearing focused on the
dangers of the use of the SSN as both an identifier and
authenticator, and examined policy considerations and possible
solutions to mitigate the consequences of SSN loss or theft. At
the hearing, Members raised concerns about the need for the SSA
to improve the service it provides to victims of identity
theft. In response to a question for the record, the SSA
confirmed that it is possible for an individual to speak to
multiple SSA employees both when dealing with a single
instance, or multiple instances of his or her SSN being
misused.
Committee action
The Committee on Ways and Means marked up H.R. 6084, the
``Improving Social Security's Service to Victims of Identity
Theft Act,'' on June 21, 2018, and ordered the bill, as
amended, favorably reported (with a quorum being present).
II. EXPLANATION OF THE BILL
A. Improving Social Security's Service to Victims of Identity Theft Act
(Sec. 1 of the Bill)
PRESENT LAW
No provision.
REASON FOR CHANGE
The Committee believes that the short title reflects the
policy and intent included in the legislation.
EXPLANATION OF PROVISION
This section contains the short title of the bill, the
``Improving Social Security's Service to Victims of Identity
Theft Act.''
B. Single Point of Contact for Identity Theft Victims (Sec. 2 of the
Bill)
PRESENT LAW
Current law does not require the SSA to provide a single
point of contact to identity theft victims whose SSNs have been
misused. The SSA policies may require an individual to be in
contact with multiple SSA offices, employees, or both, to
resolve an issue depending on the type of misuse, or whether it
was identified by the individual or the SSA.
REASON FOR CHANGE
When a person other than the rightful numberholder
incorrectly or improperly uses a numberholder's SSN, this
misuse can cause difficulty for identity theft victims. It is
the view of the Committee that an individual who has been a
victim of identity theft that results in misuse of his or her
SSN should not have added difficulty when interacting with the
SSA by having to deal with multiple contacts at the SSA to
resolve all problems associated with the misuse.
When an individual's SSN has been misused, he or she may
subsequently need to contact the SSA to resolve issues related
to fraudulent claiming of benefits, to correct his or her SSA
records, or to apply for a new SSN. In every case, the
Committee believes the individual should have a single point of
contact. The Committee is aware that the list of situations in
the bill text for which a single point of contact for an
identity theft victim is necessary is not exhaustive and
expects the Commissioner to provide a single point of contact
in all instances that reflect the spirit and intent of this
legislation.
EXPLANATION OF PROVISION
This section requires the SSA to provide identity theft
victims with a single point of contact within the SSA when the
misuse of their SSN results in the need to resolve an issue or
issues with the SSA. This section also provides a non-
exhaustive list of reasons an individual may need to contact
the SSA due to SSN misuse.
EFFECTIVE DATE
The provision is effective 180 days following the date of
enactment.
III. VOTES OF THE COMMITTEE
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the following statement is made
concerning the vote of the Committee on Ways and Means in its
consideration of H.R. 6084, a bill to amend title VII of the
Social Security Act to provide identity theft victims with a
single point of contact within the SSA when the misuse of their
SSN results in the need to resolve an issue or issues with the
SSA.
The Chairman's amendment in the nature of a substitute was
adopted by voice vote (with a quorum being present).
The bill, H.R. 6084, was ordered favorably reported as
amended by voice vote (with a quorum being present).
IV. BUDGET EFFECTS OF THE BILL
A. Committee Estimate of Budgetary Effects
In compliance with clause 3(d) of rule XIII of the Rules of
the House of Representatives, the following statement is made
concerning the effects on the budget of the bill, H.R. 6084, as
reported. The Committee agrees with the estimate prepared by
the Congressional Budget Office (CBO), which is included below.
B. Statement Regarding New Budget Authority and Tax Expenditures Budget
Authority
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee states that the
bill involves no new or increased budget authority. The
Committee states further that the bill involves no new or
increased tax expenditures.
C. Cost Estimate Prepared by the Congressional Budget Office
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, requiring a cost estimate
prepared by the CBO, the following statement by CBO is
provided.
U.S. Congress,
Congressional Budget Office
Washington, DC, June 25, 2018.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6084, the
Improving Social Security's Service to Victims of Identity
Theft Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Emily Stern.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 6084--Improving Social Security's Service to Victims of Identity
Theft Act
H.R. 6084 would require the Social Security Administration
(SSA) to assign a single point of contact for each individual
reporting misuse of their Social Security number.
CBO estimates that implementing H.R. 6084 would have
insignificant effects on spending subject to appropriation.
While SSA would need to make some adjustments to its processes
for tracking and coordinating cases of reported misuse, the
agency is generally already performing the functions described
by the legislation.
Enacting H.R. 6084 would not affect direct sending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 6084 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 6084 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Emily Stern. The
estimate was reviewed by Theresa Gullo, Assistant Director for
Budget Analysis.
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE
A. Committee Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the Committee made findings and
recommendations that are reflected in this report.
B. Statement of General Performance Goals and Objectives
With respect to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
bill does not authorize funding, so no statement of general
performance goals and objectives is required.
C. Information Relating to Unfunded Mandates
This information is provided in accordance with section 423
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4).
The Committee has determined that the bill does not contain
Federal mandates on the private sector. The Committee has
determined that the bill does not impose a Federal
intergovernmental mandate on State, local, or tribal
governments.
D. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
With respect to clause 9 of rule XXI of the Rules of the
House of Representatives, the Committee has carefully reviewed
the provisions of the bill, and states that the provisions of
the bill do not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits within the meaning of the
rule.
E. Duplication of Federal Programs
In compliance with clause 3(c)(5) of rule XIII of the Rules
of the House of Representatives, the Committee states that no
provision of the bill establishes or reauthorizes: (1) a
program of the Federal Government known to be duplicative of
another Federal program; (2) a program included in any report
from the Government Accountability Office to Congress pursuant
to section 21 of Public Law 111-139; or (3) a program related
to a program identified in the most recent Catalog of Federal
Domestic Assistance, published pursuant to the Federal Program
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No.
98-169).
F. Disclosure of Directed Rule Makings
In compliance with Sec. 3(i) of H. Res. 5 (115th Congress),
the following statement is made concerning directed rule
makings: The Committee advises that the bill requires no
directed rulemakings within the meaning of such section.
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
A. Text of Existing Law Amended or Repealed by the Bill, as Reported
In compliance with clause 3(e)(1)(A) of rule XIII of the
Rules of the House of Representatives, the text of each section
proposed to be repealed by the bill, as reported, is shown
below:
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SOCIAL SECURITY ACT
* * * * * * *
TITLE VII--ADMINISTRATION
* * * * * * *
SECTION 714. SINGLE POINT OF CONTACT FOR IDENTITY THEFT VICTIMS.
(a) In General.--The Commissioner of Social Security shall
establish and implement procedures to ensure that any
individual whose social security account number has been
misused (such as to fraudulently obtain benefits under title
II, VIII, or XVI of this Act, in a manner that affects an
individual's records at the Social Security Administration, or
in a manner that prompts the individual to request a new social
security account number) has a single point of contact at the
Social Security Administration throughout the resolution of the
individual's case. The single point of contact shall track the
individual's case to completion and coordinate with other units
to resolve issues as quickly as possible.
(b) Single Point of Contact.--
(1) In general.--For purposes of subsection (a), the
single point of contact shall consist of a team or
subset of specially trained employees who--
(A) have the ability to coordinate with other
units to resolve the issues involved in the
individual's case, and
(B) shall be accountable for the case until
its resolution.
(2) Team or subset.--The employees included within
the team or subset described in paragraph (1) may
change as required to meet the needs of the Social
Security Administration, provided that procedures have
been established to--
(A) ensure continuity of records and case
history, and
(B) notify the individual when appropriate.
[all]