[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Proposed Rules]
[Pages 10432-10435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03726]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 422

[Docket No. SSA-2014-0042]
RIN 0960-AH68


Social Security Number Card Applications

AGENCY: Social Security Administration.

[[Page 10433]]


ACTION: Notice of proposed rulemaking.

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SUMMARY: We propose to revise our regulations to allow applicants for a 
Social Security number (SSN) card to apply by completing a prescribed 
application and submitting the required evidence, rather than 
completing a paper Form SS-5, Application for a Social Security Card. 
We also propose to remove the word ``documentary'' from our description 
of certain evidence requirements. These changes would provide 
flexibility in the ways in which the public may request SSN cards and 
allow us, in the future, to implement an online SSN replacement card 
application system, which we are currently developing. In addition, we 
propose to replace ``Immigration and Naturalization Service'' with 
``Department of Homeland Security'' to reflect that agency's 
reorganization.

DATES: To ensure that your comments are considered, we must receive 
them no later than April 27, 2015.

ADDRESSES: You may submit comments by any one of three methods--
Internet, fax, or mail. Do not submit the same comments multiple times 
or by more than one method. Regardless of which method you choose, 
please state that your comments refer to Docket No. SSA-2014-0042 so 
that we may associate your comments with the correct regulation.
    Caution: You should be careful to include in your comments only 
information that you wish to make publicly available. We strongly urge 
you not to include in your comments any personal information, such as 
Social Security numbers or medical information.
    1. Internet: We strongly recommend that you submit your comments 
via the Internet. Please visit the Federal eRulemaking portal at http://www.regulations.gov. Use the ``Search'' function to find docket number 
SSA-2014-0042. The system will issue a tracking number to confirm your 
submission. You will not be able to view your comment immediately 
because we must post each comment manually. It may take up to a week 
for your comment to be viewable.
    2. Fax: Fax comments to (410) 966-2830.
    3. Mail: Mail your comments to the Office of Regulations and 
Reports Clearance, Social Security Administration, 3100 West High Rise 
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401.
    Comments are available for public viewing on the Federal 
eRulemaking portal at http://www.regulations.gov or in person, during 
regular business hours, by arranging with the contact person identified 
below.

FOR FURTHER INFORMATION CONTACT: Arthur LaVeck, Office of Retirement 
and Disability Policy, Office of Income Security Programs, Social 
Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-
6401, (410) 966-5665. For information on eligibility or filing for 
benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-
800-325-0778, or visit our Internet site, Social Security Online, at 
http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: 
    The use of the SSN is widespread in today's society. It is 
necessary for employment, to properly record a person's wages and the 
taxes paid on those wages, to collect Social Security benefits, and to 
receive many other government services. Commercial organizations, such 
as banks and credit companies, also ask individuals for their SSNs for 
many business transactions. As a result of this widespread use, the 
issuance of original and replacement SSN cards is one of our most 
requested services.
    Currently, a person can apply for an SSN by completing Form SS-5 
and submitting it, in person or via mail, to his or her local field 
office (FO) or a Social Security Card Center (SSCC), or by having one 
of our representatives file an application electronically through the 
Social Security Number Application Process (SSNAP) during an in-office 
interview. The applicant must also present, or mail in, supporting 
documentary evidence.
    In fiscal year 2013, we processed over 10 million replacement SSN 
card applications at FOs and SSCCs. It takes a field office employee an 
average of 14 minutes to process a replacement card application. 
Removing the requirements that applicants complete and submit paper 
Form SS-5 along with paper documentary evidence would allow us to 
develop convenient and efficient means to electronically process 
replacement SSN card applications and obtain acceptable supporting 
evidence, while retaining the security necessary to protect the 
integrity of the SSN and the card issuance process. Recent advances in 
technology provide us with additional, convenient options for the 
public to request government services. By pursuing the electronic 
approaches available to us, we expect to provide expanded service 
options that meet the varied needs of the public in a cost-efficient 
and environmentally responsible way.
    For example, we are currently developing a new online application 
that would allow certain members of the public to apply for replacement 
SSN cards electronically without having to visit one of our offices or 
mail in the application and supporting evidence. Adult U.S. citizens 
who are not reporting any changes to their record (for example, name or 
date of birth) would have the option to file for an SSN replacement 
card online after registering through the my Social Security portal. 
Eligible individuals would also be required to have a U.S. mailing 
address, (including Air/Army Post Office, Fleet Post Office, or 
Diplomatic Post Office mailing address) and a valid U.S. state-issued 
driver's license or U.S. state-issued identity card. During the 
application process, we would securely collect and verify required 
information electronically (for example, identifying information, 
mailing address associated with the individual requesting the card), 
and analyze each request for potential fraud. Moving this service 
online would allow customers to complete a request at any time, without 
the need to visit us in person. It would also help the public by 
allowing our employees to focus on other vital services, such as taking 
claims for benefits and conducting program integrity work.
    To ensure our SSN regulations support the development of convenient 
and efficient electronic service delivery options, we propose to update 
20 CFR 422.103 and 422.110 to remove the requirement that an individual 
who seeks a replacement SSN card must file an application at any Social 
Security office. We also propose to remove references to Form SS-5 
because our current process allows us to file an application 
electronically through SSNAP without the completion of a paper Form SS-
5, and our planned online application will not require the completion 
of a paper Form SS-5. We would replace, in instances where a 
description is necessary, mention of Form SS-5 with the term 
``prescribed application.'' A prescribed application would simply be 
the application form--whether a paper form, an online application, or 
some other method--that we determine to be most efficient and user-
friendly at any given time. Information about application procedures 
would be easily available to applicants on our Internet site and at our 
offices nationwide.
    We also propose to revise 20 CFR 422.107 to remove the word 
``documentary'' from our description of evidence required to obtain an 
original or replacement SSN card. We would still require evidence to 
establish eligibility and identity in order to obtain a new or 
replacement card. However,

[[Page 10434]]

we would revise our rules so that applicants may provide or we may 
obtain other types of evidence to satisfy the requirement, such as 
through data matches or other agreements with government agencies or 
other entities that we determine can provide us with appropriate and 
secure verification of the applicant's true identity and other 
eligibility factors.
    These changes would provide us with the flexibility we need to 
adapt our SSN application process as necessity and technology allow. 
They would allow us to offer the public new, convenient service 
alternatives for obtaining SSN replacement cards, while maintaining the 
security and integrity of the SSN card and issuance process. We also 
expect these changes would reduce the public's need to visit our FOs, 
resulting in shorter wait times for individuals who choose to visit a 
FO for service.
    We also propose to update section 422.107(e)(1) to replace 
references to ``Immigration and Naturalization Service'' with 
``Department of Homeland Security'' to reflect that agency's 
restructuring in 2003.

Regulatory Procedures

Executive Order 12866, as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this proposed rule meets the criteria for a significant 
regulatory action under Executive Order 12866, as supplemented by 
Executive Order 13563, and was reviewed by OMB.

Regulatory Flexibility Act

    We certify that this proposed rule would not have a significant 
economic impact on a substantial number of small entities because it 
would affect individuals only. Therefore, a regulatory flexibility 
analysis is not required under the Regulatory Flexibility Act, as 
amended.

Paperwork Reduction Act

    Although the regulatory changes described below are not subject to 
OMB clearance under the Paperwork Reduction Act (PRA), the new 
electronic SSN replacement card application will require OMB PRA 
approval. We will seek public comment in a separate PRA Federal 
Register Notice (FRN) for the new electronic process under OMB No. 
0960-0066. We will complete the PRA OMB clearance process, including 
publication of the two standard FRNs, before we implement the 
electronic SSN replacement card application. The public will have an 
opportunity to review and comment on the electronic SSN replacement 
card application at that time.

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social 
Security--Disability Insurance; 96.002, Social Security--Retirement 
Insurance; 96.004, Social Security Survivors Insurance; 96.006, 
Supplemental Security Income; 96.020, Special Benefits for Certain 
World War II Veterans.)

List of Subjects in 20 CFR Part 422

    Administrative practice and procedure, Organization and functions 
(Government agencies), Reporting and recordkeeping requirements, Social 
security.

Carolyn W. Colvin,
Acting Commissioner of Social Security.

    For the reasons set out in the preamble, we propose to amend 20 CFR 
chapter III part 422 subpart B as set forth below:

PART 422--ORGANIZATION AND PROCEDURES

Subpart B--General Procedures

0
1. The authority citation for subpart B of part 422 continues to read 
as follows:

    Authority:  Secs. 205, 232, 702(a)(5), 1131, and 1143 of the 
Social Security Act (42 U.S.C. 405, 432, 902(a)(5), 1320b-1, and 
1320b-13), and sec. 7213(a)(1)(A) of Pub. L. 108-458.

0
2. Amend Sec.  422.103 by revising paragraphs (b), (c)(1), and (e)(1) 
to read as follows:


Sec.  422.103  Social security numbers.

* * * * *
    (b) Applying for a number--(1) Application. An individual needing a 
Social Security number may apply for one by completing a prescribed 
application and submitting the required evidence. An individual outside 
the United States (U.S.) may apply for a Social Security number card at 
the Department of Veterans Affairs Regional Office, Manila, 
Philippines, at any U.S. Foreign Service post, or at a U.S. military 
post outside the United States. (See Sec.  422.106 for special 
procedures for filing applications with other government agencies.) 
Additionally, a U.S. resident may apply for a Social Security number 
for a nonresident dependent when the number is necessary for U.S. tax 
purposes or some other valid reason, the evidence requirements of Sec.  
422.107 are met, and we determine that a personal interview with the 
dependent is not required.
    (2) Birth registration document. We may enter into an agreement 
with officials of a State, including, for this purpose, the District of 
Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and New York 
City, to establish, as part of the official birth registration process, 
a procedure to assist us in assigning Social Security numbers to 
newborn children. Where an agreement is in effect, a parent, as part of 
the official birth registration process, need not complete a prescribed 
application and may request that we assign a Social Security number to 
the newborn child.
    (3) Immigration form. We may enter into an agreement with the 
Department of State (DOS) and the Department of Homeland Security (DHS) 
to assist us by collecting enumeration data as part of the immigration 
process. Where an agreement is in effect, an alien need not complete a 
prescribed application and may request, through DOS or DHS, as part of 
the immigration process, that we assign a Social Security number and 
issue a Social Security number card to him or her. An alien will 
request the assignment of a Social Security number through this process 
in the manner provided by DOS and DHS.
    (c) How numbers are assigned--(1) Application. If you complete a 
prescribed application, we will require you to furnish evidence, as 
necessary, to assist us in establishing your age, U.S. citizenship or 
alien status, true identity, and previously assigned Social Security 
number(s), if any. (See Sec.  422.107 for evidence requirements.) We 
may require you to undergo a personal interview before we assign a 
Social Security number. If you request evidence to show that you have 
filed a prescribed application for a Social Security number card, we 
may furnish you with a receipt or equivalent document. We will 
electronically screen the data from the prescribed application against 
our files. If we find that you have not been assigned a Social Security 
number previously, we will assign one to you and issue a Social 
Security number card. However, if we find that you have been assigned a 
Social Security number previously, we will issue a replacement Social 
Security number card.
* * * * *
    (e) Replacement of Social Security number card--(1) When we may 
issue you a replacement card. We may issue you a replacement Social 
Security number card, subject to the limitations in paragraph (e)(2) of 
this section. You must complete a prescribed application to receive a 
replacement Social Security number card. We follow the evidence 
requirements in Sec.  422.107 when we

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issue you a replacement Social Security number card.
* * * * *
0
3. Amend Sec.  422.107 by:
0
a. Revising paragraphs (a) and (c);
0
b. In paragraph (e)(1), removing each instance of ``Immigration and 
Naturalization Service'' and adding in its place, ``Department of 
Homeland Security''; and
0
c. Revising paragraph (g).
    The revisions read as follows:


Sec.  422.107  Evidence requirements.

    (a) General. To obtain an original Social Security number card, you 
must submit convincing evidence of your age, U.S. citizenship or alien 
status, and true identity, as described in paragraphs (b) through (e) 
of this section. If you apply for a replacement Social Security number 
card, you must submit convincing evidence of your true identity, as 
described in paragraph (c) of this section, and you may also be 
required to submit convincing evidence of your age and U.S. citizenship 
or alien status, as described in paragraphs (b), (d), and (e) of this 
section. If you apply for an original or replacement Social Security 
number card, you are also required to submit evidence to assist us in 
determining the existence and identity of any previously assigned 
Social Security number(s). We will not assign a Social Security number 
or issue an original or replacement card unless we determine that you 
meet all of the evidence requirements. We require an in-person 
interview if you are age 12 or older and are applying for an original 
Social Security number, unless you are an alien who requests a Social 
Security number as part of the immigration process described in Sec.  
422.103(b)(3). We may require an in-person interview of other 
applicants. All paper or other tangible documents submitted as evidence 
must be originals or copies of the original documents certified by the 
custodians of the original records and are subject to verification. We 
may also verify your eligibility factors, as described in paragraphs 
(b)-(e) of this section, through other means, including but not limited 
to data matches or other agreements with government agencies or other 
entities that we determine can provide us with appropriate and secure 
verification of your eligibility factors.
* * * * *
    (c) Evidence of identity. (1) If you apply for an original Social 
Security number or a replacement Social Security number card, you are 
required to submit convincing evidence of your identity. Evidence of 
identity may consist of a driver's license, identification card, school 
record, medical record, marriage record, passport, Department of 
Homeland Security document, or other similar evidence serving to 
identify you. The evidence must contain sufficient information to 
identify you, including your name and:
    (i) Your age, date of birth, or parents' names; or
    (ii) Your photograph or physical description.
    (2) A birth record is not sufficient evidence to establish identity 
for these purposes.
* * * * *
    (g) Inability to verify eligibility factors. We will not issue an 
original or replacement Social Security number card when you present 
invalid or expired documents or when we are unable to verify the 
required evidence through other means, as described in paragraph (a) of 
this section. Invalid documents are either forged documents that 
supposedly were issued by the custodian of the record, or properly 
issued documents that were improperly changed after they were issued. 
An expired document is one that was valid for only a limited time and 
that time has passed.
0
4. Amend Sec.  422.110 by revising paragraph (a) to read as follows:


Sec.  422.110  Individual's request for change in record.

    (a) Application. If you wish to change the name or other personal 
identifying information you previously submitted in connection with an 
application for a Social Security number card, you must complete a 
prescribed application, except as provided in paragraph (b) of this 
section. You must prove your identity, and you may be required to 
provide other evidence. (See Sec.  422.107 for evidence requirements.) 
You may complete a request for change in records in the manner we 
designate, including at any Social Security office, or, if you are 
outside the U.S., to the Department of Veterans Affairs Regional 
Office, Manila, Philippines, or to any U.S. Foreign Service post or 
U.S. military post. If your request is for a change of name on the card 
(that is, verified legal changes to the first name or surname, or 
both), we may issue you a replacement Social Security number card 
bearing the same number and the new name. We will grant an exception to 
the limitations specified in Sec.  422.103(e)(2) for replacement Social 
Security number cards representing a change in name or, if you are an 
alien, a change to a restrictive legend shown on the card. (See Sec.  
422.103(e)(3) for the definition of a change to a restrictive legend.)
* * * * *
[FR Doc. 2015-03726 Filed 2-24-15; 11:15 am]
BILLING CODE 4191-02-P