Opening Statement of the Hon. Sheila Jackson-Lee, a Representative in Congress from the State of Texas

Hearing on Preserving the Integrity of Social Security Numbers and
Preventing Their Misuse by Terrorists and Identity Thieves

September 19, 2002

Good Afternoon Mr. Chairman. I would like to thank the Chairman and the Ranking Member of the Subcommittee on Social Security for inviting me and other member of the Subcommittee on Immigration, Border Security and Claims to participate in this important hearing on the importance of ensuring the integrity of Social Security Numbers (SSN) and preventing their misuse by terrorist and identity thieves. As many will note, the SSN is probably the most important number as it is the first step in access to so many things in our culture. If you need a drivers license you need a social security number. If you need credit you need a social security. It is central to American life.

On September 11, the United States experienced the worst attack on its soil since World War II. In the weeks following the attack, the U.S. government initiated a nationwide investigation into the reasons behind the failure of U.S. police and intelligence agencies to uncover the plot to destroy the Trade Center. In Washington Post stories earlier this year it was revealed that some of the September 11, 2001, hijackers had used identity theft and fraud to obtain false SSNs and other identification documents to facilitate training and preparation for the September 11, attacks.

First, let me emphasize that I, like you, condemn SSN fraud and its negative impact. None of us would approve of the fraudulent use of identification cards or any other documentation. People who fraudulently use SSNs can and should be punished.

Our subcommittee held another Joint Hearing in Identity Theft and Fraud in June of this year with the Judiciary Subcommittee on Crime. Mr. Huse testified there, and I would like to let him know that it is good to hear from him again. I will say now as I said then, that efforts at stopping terrorism beg the question at which point is it best to stop the terrorist. Clearly, the best point to stop terrorists is prior to their entry into the country, before they have access to our social security administration, departments of motor vehicles and other infrastructure critical to secure identification documents. It should be pointed out that "18 of the 19 hijackers entered the United States on visitors visas." They made "concerted efforts to do so, so it is logical to assume that they believed that this type of entry, as visitors, made them less likely to come to the attention of federal authorities." This glaring fact underscores the difficulties faced by agencies in preventing terrorists from obtaining fraudulent SSNs and other identification. Again, it is better to get to terrorists prior to their entry into our country.

Effective measures will be difficult to achieve. The integrity of any SSN verification system hinges on the security of the documents which underlie it, and such "breeder" documents must also be secure. The birth certificate is a "breeder" document in that it can be used to obtain an identity document such as a U.S. passport, driver’s license, military I.D. and a SSN.

However, if we are going to examine these issues, let us do so in in a balanced fashion. We need to decide just how far we are willing to go in dealing with this problem. For instance, birth and death records are certain to be used, and we need to examine just what resources we need to dedicated to revamping these record-keeping systems. We must deal with issues of efficiency and resources in a complimentary fashion as opposed to pitting these issues against one another. The same is true of revising SSA and INS databases. Are we willing to bear the costs of developing and maintaining such gigantic data bases? Again, examination of these issues must be done in a fair and equitable way.

The fight against SSN fraud and counterfeit documents should not become a fight against personal privacy that leads to a national ID card. I do not want a national ID card to be demanded of Americans every time they engage in what should be routine activity that can be conducted anonymously and without government intervention.

Technology has played a vital role in advancing freedom around the world, but it also has laid new temptations at the doorstep of business, government and criminals. Once the technology and a database are in place for a system such as a national ID, alternative uses for the system will arise. This potential abuse of such a system by unscrupulous businesses and governments and plain criminals could be devastating to our nation’s average citizen.

Congress must also take care to avoid steps that would increase rather than diminish immigration-related discrimination that has already become a problem with the use of SSNs by some employers. In response to employer sanctions, some – but not all employers have screened out all "foreign-looking" or "accented" job applicants; or conversely have adopted the practice of looking only for illegal immigrants to hire in order to hold their status over these employees heads. They have selectively applied verification procedures only to "suspect" employees and demanded documents when hiring foreign-sounding employees when compared to other employees.

We also have to be mindful of states’ rights. We should not become so aggressive in this area that states are turned into mere tools of the federal government in connection with the identity documents they issue.

Finally, Mr. Chairman, I hope that we can work cooperatively, and in the true spirit of bipartisanship to eliminate SSN fraud and make the necessary changes in the law that must be made. However, I would like to say for the record that although there is ample and substantial SSN fraud and theft, this hearing should in no way be used as a vehicle to discourage talented men and women from different countries from coming to the United States to study, to exchange creative thought and ideas, or to discourage businesses from temporarily moving their employees to contribute to our economy and our way of life. We should discourage SSN fraud, but not discourage fair and equal opportunity.

Thank-you Mr. Chairman.