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SOCIAL SECURITY NUMBER PROTECTION ACT OF 2000
Mrs. FEINSTEIN. Mr. President, I am pleased today to join the administration and, particularly the Vice President, in introducing the Social Security Number Protection Act of 2000.
This legislation is designed to curb the unregulated sale and purchase of Social Security numbers, which have contributed significantly to a growing range of illegal activities, including fraud, identity theft, and, in some cases, stalking and other violent crimes.
Mr. President, in 1997, I introduced S. 600, the Personal Privacy Information Act, with Senator GRASSLEY after watching in dismay as one of my staff downloaded my own Social Security number off of the Internet in less than three minutes.
Nothing much has changed. For a mere $45, one can go online and purchase a person's Social Security number from a whole host of web businesses--no questions asked.
Why is it so important to stop the commercial sale of individuals' personal Social Security numbers? Once a criminal has a potential victim's Social Security number, that person becomes extremely vulnerable to having his or her whereabouts tracked and his or her identity stolen.
The Social Security number is the Nation's de facto national identifier. It is a key to one's public identity. The Federal Government uses it as a taxpayer identification number, the Medicare number, and as a soldier's serial number. States use the Social Security number as the identification number on drivers' licenses, fishing licenses, and other official records. Banks use it to establish personal identification for credit. The number is requested by telephone companies, gas companies, and even by brokerages when consumers set-up personal accounts.
Thus, a criminal who purchases a Social Security number is well on his way to fraudulently obtaining numerous services in the name of an unsuspecting American.
Partly due to this unrestricted traffic in Social Security numbers, our country is facing an explosion in identity theft crimes. The Social Security Administration recently reported that it had received more than 30,000 complaints about the misuse of Social Security numbers, last year, most of which had to do with identity theft. This is an increase of 350% from 1997, when there were 7,868 complaints. In total, Treasury Department officials estimate that identity theft causes between $2 and $3 billion in losses each year--just from credit cards.
According to a recent survey of identity theft victims published jointly by the Privacy Rights Clearinghouse and CALPIRG, the average identity theft victim has fraudulent charges of $18,000 made in his name. Typically, an identity theft victim spends approximately 175 hours of personal time over a two-year period to clean-up his credit record.
Sometimes, this unrestricted sale of personal information can have tragic results. Amy Boyer, a twenty-year old dental assistant in New Hampshire, was killed last year by a stalker who bought her Social Security number off an Internet web site for $45. Armed with this critical information, he tracked her down to her work address.
Here are some other examples of Social Security number misuse. Kim Brady, a constituent from Castro Valley, California, wrote to me that an identity thief obtained a credit card in her name on the Internet. The application ``was approved in 10 seconds even though the application only had [her] name, Social Security number, and birth date correct.'' When Ms. Bradbury contacted credit card companies and asked how a credit card was issued in her name despite false information on the application, the companies said they only look to ``see that the name and the Social Security number match.''
Another California constituent, Michelle Brown of Hermosa
Beach, informed me that a criminal used her Social Security number to fraudulently assume her identity. The perpetrator rang up a total of $50,000 in charges including a $32,000 truck and $5,000 worth of liposuction. In addition, the perpetrator used Michelle's identity to establish wireless and residential telephone service, utilities service, and to obtain a year-long residential lease.
Michelle notes that she has spent hundreds of hours trying to restore her good name and has endured ``weeks of sleepless nights, suffering from nearly no appetite, and nerve-shattering moments of my life spinning out of control.''
In another case, a retired air force officer was falsely billed for $113,000 on 33 different credit accounts after identity
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I am pleased to work with the Administration on this bill because no one should seek to profit from the sale of Social Security numbers in circumstances that create a substantial risk of physical, emotional, or financial harm to the person to whom these numbers are assigned.
What would this bill do? The Social Security Number Protection Act would impose criminal and civil penalties for the sale and purchase of Social Security numbers. Specifically, it would direct the Federal Trade Commission to issue regulations prohibiting this sale.
The legislation would direct the FTC to permit exceptions to this ban in a very narrow range of circumstances, including where an individual has consented to the sale, for law enforcement or national security reasons, in emergency situations to protect an individual's health and safety, for research or public health purposes, and where the use of the Social Security number is for a lawful purpose and is unlikely to result in serious bodily, emotional, or financial harm of a Social Security number holder.
Mr. President, I think this is a very important step forward. The bill is carefully drawn. It simply prevents the sale of Social Security numbers for profit, which can result in enormous wrongdoing to the individual Social Security number holder.
I yield the floor.
By Mr. L. CHAFEE (for himself, Mr. LAUTENBERG, Mr. SMITH of New Hampshire, and Mr. BAUCUS):
S. 2700. A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to promote the cleanup and reuse of brownfields, to provide financial assistance for brownfields revitalization, to enhance State response programs, and for other purposes; to the Committee on Environment and Public Works.
BROWNFIELDS REVITALIZATION AND ENVIRONMENTAL RESTORATION ACT OF 2000
Mr. L. CHAFEE. I rise today to introduce the Brownfields Revitalization and Environmental Restoration Act of 2000 together with Senator LAUTENBERG, Senator SMITH of New Hampshire, and Senator BAUCUS. We are introducing this bill today because we support legislation that will expedite cleanup of our nation's hazardous waste sites. We support economic development in our neighborhoods and job creation in our cities. We also support invigorating our urban cores and bolstering local governments. Mr. President, we are introducing this legislation today because, if enacted, it has the potential to fulfill these objectives, which are important to me and I believe to every Senator.
Brownfields are typically older commercial or industrial properties at which development is hindered by the presence--or even the potential presence--of hazardous substances. Countless numbers of brownfield sites blight our communities, pose health and environmental hazards, erode our cities' tax base, and contribute to urban sprawl. In fact, the U.S. Conference of Mayors has estimated that more than 450,000 brownfield sites exist nationwide. But, we stand to reap enormous economic, environmental, and social benefits with the successful redevelopment of brownfield sites. The redevelopment of brownfields capitalizes on existing infrastructure, creates a robust tax base for local governments, attracts new businesses and jobs, reduces the environmental and health risks to communities, and preserves community character. This can truly be a victory for everyone.
While everyone agrees that brownfield sites should be cleaned up, presently there are many problems that prevent us from cleaning up these sites. Let me address the problems and how our legislation poses solutions.
Problem: There is not enough funding to address the large number of brownfield sites that exist.
Solution: The bill authorizes $150 million per year to state and local governments to perform assessments and cleanup at brownfield sites. It also authorizes $50 million per year to establish and enhance State brownfield programs.
Problem: Communities that strive to clean up sites, such as Riverside Mills alongside the Woonasquatucket River in Providence, in order to turn them into greenspace, cannot since there will be no future income stream to repay a loan.
Solution: The bill will allow EPA to issue grants to state and local governments to clean up sites that will be converted into parks or open space.
Problem: People who bought brownfield sites and did not cause the contamination could be liable under Superfund.
Solution: The bill clarifies that innocent landowners, that act appropriately, are not responsible for paying cleanup costs.
Problem: Developers that want to purchase brownfield sites may be liable for future cleanup costs.
Solution: The bill encourages developers to purchase and develop brownfield sites by exempting from liability prospective purchasers that do not cause or worsen the contamination at a site.
Problem: Superfund liability issues prevent development of areas near contaminated sites.
Solution: The bill includes an exemption from Superfund liability for contiguous property owners.
Problem: Investors do not clean up brownfield sites because for fear that EPA will ``second-guess'' their actions.
Solution: The bill offers finality by precluding EPA from taking an action at a site being addressed under a state cleanup program unless there is an ``imminent and substantial endangerment'' to public health or the environment, and additional work needs to be done.
I am proud to introduce this bill with my esteemed colleagues from the Environment and Public Works Committee. The fact that this bill is sponsored by the Chairman and Ranking Minority Member of the Superfund Subcommittee and the Environment and Public Works Committee speaks very highly for the bipartisan efforts to achieve consensus on this issue. A factor critical to the success of this legislation, will be continued bipartisanship. We must continue to reach across the aisle; we must continue to find common ground; and we must continue to work cooperatively to move this legislation. I urge all Senators to support this legislation, which can--and should--be enacted this year.
Mr. President, I ask unanimous consent that the text of the bill be printed in the RECORD.
There being no objection, the bill was ordered to be printed in the RECORD, as follows:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.--This Act may be cited as the ``Brownfields Revitalization and Environmental Restoration Act of 2000''.
(b) TABLE OF CONTENTS.--The table of contents of this Act is as follows:
Sec..1..Short title; table of contents.
TITLE I--BROWNFIELDS REVITALIZATION FUNDING
Sec..101..Brownfields revitalization funding.
TITLE II--BROWNFIELDS LIABILITY CLARIFICATIONS
Sec..201..Contiguous properties.
Sec..202..Prospective purchasers and windfall liens.
Sec..203..Innocent landowners.
TITLE III--STATE RESPONSE PROGRAMS
Sec..301..State response programs.
Sec..302..Additions to National Priorities List.
SEC. 101. BROWNFIELDS REVITALIZATION FUNDING.
(a) DEFINITION OF BROWNFIELD SITE.--Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) is amended by adding at the end the following:
``(39) BROWNFIELD SITE.--
``(A) IN GENERAL.--The term `brownfield site' means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.
``(B) EXCLUSIONS.--The term `brownfield site' does not include--
``(i) a facility that is the subject of a planned or ongoing removal action under this title;
``(ii) a facility that is listed on the National Priorities List or is proposed for listing;
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``(iii) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties under this Act;
``(iv) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties, or a facility to which a permit has been issued by the United States or an authorized State under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1321), the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), or the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
``(v) a facility that--
``(I) is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u), 6928(h)); and
``(II) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures;
``(vi) a land disposal unit with respect to which--
``(I) a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted; and
``(II) closure requirements have been specified in a closure plan or permit;
``(vii) a facility that is subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe;
``(viii) a portion of a facility--
``(I) at which there has been a release of polychlorinated biphenyls; and
``(II) that is subject to remediation under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or
``(ix) a portion of a facility, for which portion, assistance for response activity has been obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986.
``(C) SITE-BY-SITE DETERMINATIONS.--Notwithstanding subparagraph (B) and on a site-by-site basis, the President may authorize financial assistance under section 128 to an eligible entity at a site included in clause (i), (iv), (v), (vi), (viii), or (ix) of subparagraph (B) if the President finds that financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes.
``(D) ADDITIONAL AREAS.--For the purposes of section 128, the term `brownfield site' includes--
``(i) a site that is contaminated by a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); and
``(ii) mine-scarred land.''.
(b) BROWNFIELDS REVITALIZATION FUNDING.--Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following:
``SEC. 128. BROWNFIELDS REVITALIZATION FUNDING.
``(a) DEFINITION OF ELIGIBLE ENTITY.--In this section, the term `eligible entity' means--
``(1) a general purpose unit of local government;
``(2) a land clearance authority or other quasi-governmental entity that operates under the supervision and control of or as an agent of a general purpose unit of local government;
``(3) a government entity created by a State legislature;
``(4) a regional council or group of general purpose units of local government;
``(5) a redevelopment agency that is chartered or otherwise sanctioned by a State;
``(6) a State; or
``(7) an Indian Tribe.
``(b) BROWNFIELD SITE CHARACTERIZATION AND ASSESSMENT GRANT PROGRAM.--
``(1) ESTABLISHMENT OF PROGRAM.--The Administrator shall establish a program to--
``(A) provide grants to inventory, characterize, assess, and conduct planning related to brownfield sites under paragraph (2); and
``(B) perform targeted site assessments at brownfield sites.
``(2) ASSISTANCE FOR SITE CHARACTERIZATION AND ASSESSMENT.--
``(A) IN GENERAL.--On approval of an application made by an eligible entity, the Administrator may make a grant to the eligible entity to be used for programs to inventory, characterize, assess, and conduct planning related to 1 or more brownfield sites.
``(B) SITE CHARACTERIZATION AND ASSESSMENT.--A site characterization and assessment carried out with the use of a grant under subparagraph (A) shall be performed in accordance with section 101(35)(B).
``(c) GRANTS AND LOANS FOR BROWNFIELD REMEDIATION.--
``(1) GRANTS PROVIDED BY THE PRESIDENT.--Subject to subsections (d) and (e), the President shall establish a program to provide grants to--
``(A) eligible entities, to be used for capitalization of revolving loan funds; and
``(B) eligible entities or nonprofit organizations, where warranted, as determined by the President based on considerations under paragraph (3), to be used directly for remediation of 1 or more brownfield sites that is owned by the entity or organization that receives the grant and in amounts not to exceed $200,000 for each site to be remediated.
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