[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
[[Page 10435]]
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