31 July 2006
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[Federal Register: July 31, 2006 (Volume 71, Number 146)]
[Rules and Regulations]
[Page 43054-43056]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy06-10]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 422
RIN 0960-AG25
Social Security Number (SSN) Cards; Limiting Replacement Cards
AGENCY: Social Security Administration (SSA).
ACTION: Final rules.
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SUMMARY: The interim final rules published at 70 FR 74649, on December
16, 2005, are adopted as final with only minor changes. These
regulations reflect and implement amendments to the Social Security Act
(the Act) made by part of the Intelligence Reform and Terrorism
Prevention Act of 2004 (IRTPA), Public Law (Pub. L.) 108-458. Section
7213(a)(1)(A) of Pub. L. 108-458 requires that we limit individuals to
three replacement SSN cards per year and ten replacement SSN cards
during a lifetime. The provision permits us to allow for reasonable
exceptions from these limits on a case-by-case basis in compelling
circumstances. This provision also helps us to further strengthen the
security and integrity of the SSN issuance process.
DATES: These regulations are effective December 16, 2005.
FOR FURTHER INFORMATION CONTACT: Karen Cool, Social Insurance
Specialist, Office of Income and Security Programs, 157 RRCC, Social
Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-
6401, ((410) 966-7094, or TTY (410) 966-5609. For information on
eligibility or filing for benefits, call our national toll-free
numbers, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet
Web site, Social Security Online, at http://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is available on the date of
publication in the Federal Register at http://www.gpoaccess.gov/fr/index.html
.
Background
Our previous regulations at 20 CFR 422.103(e), Replacement of
social security number card, stated that:
In the case of lost or damaged SSN card, a duplicate card
bearing the same name and number may be issued, and
In the case of a need to change the name on the card, a
corrected card bearing the same number and the new name may be issued.
Furthermore, our previous regulations at 20 CFR 422.110(a) stated
that an individual who wished to change his or her name or other
personal identifying information previously submitted in connection
with an application for an SSN card must prove his or her identity and
may be required to provide other evidence. If a completed request and
all applicable evidence are received for a change in name, a new SSN
card with the new name and bearing the same number previously assigned
will be issued to the person making the request.
Our previous regulations did not put any numerical limits on the
number of replacement SSN cards an individual may obtain. Prior to the
new statutory replacement SSN card limit, the only limitation on the
issuance of replacement cards that could affect the number of
replacements an individual could obtain had been a protocol in our
electronic records that prevented the issuance of a replacement SSN
card within seven days of a previous issuance.
Section 7213(a)(1)(A) of Pub. L. 108-458 (the Intelligence Reform
and Terrorism Prevention Act of 2004), enacted on December 17, 2004,
requires that we restrict the issuance of multiple replacement SSN
cards to any individual to three replacement SSN cards per year and ten
replacement cards for the life of the individual. The statute mandates
implementation of the limits not later than one year after December 17,
2004. In applying these limits, we will not consider replacement social
security number cards issued prior to December 16, 2005. The provision
also states that we may allow for reasonable exceptions from the limits
on a case-by-case basis in compelling circumstances. In order to
[[Page 43055]]
comply with this provision of Pub. L. 108-458, we revised Sec. Sec.
422.103 and 422.110 of our regulations.
Explanation of Changes
Section 422.103 Social Security Numbers.
In these final rules, we are making a nonsubtantive change to Sec.
422.103(c)(1) by replacing the word ``duplicate'' with the word
``replacement'' in that section. Although the interim final rules
published on December 16, 2005 did not provide for this change to Sec.
422.103(c)(1), the effect of this change is solely to make the
terminology uniform throughout the section.
We revised Sec. 422.103(e) of our regulations by restricting the
number of replacement cards an individual may obtain both during a year
and over a lifetime. These limits are set at three replacement SSN
cards in a year and ten per lifetime. However, as permitted by section
7213(a)(1)(A) of Pub. L. 108-458, we may allow for reasonable
exceptions to these limits on a case-by-case basis in compelling
circumstances. We are allowing exceptions for name changes and for
changes in alien status that result in a necessary change to a
restrictive legend on the SSN card, because we believe these situations
satisfy the compelling circumstances test. We want to ensure the
accuracy of our records and continue to encourage number holders to
report name changes and changes in alien status. Consequently, every
change in name or alien status, where the restrictive legend must
change, presents compelling circumstances for not applying the
replacement card limits. Further, because we investigate the validity
of documents submitted when individuals change their name or alien
status (see 20 CFR 422.107 (c) and (e)), we believe these are
reasonable exceptions to the limitations in light of our compelling
need for accurate records. Therefore, we will not count toward the
annual and lifetime limits SSN replacement cards issued due to a change
in name or restrictive legend change. We will grant an exception to the
limits on a case-by-case basis if the individual provides evidence of
hardship, such as a referral letter from a governmental social services
agency indicating that the SSN card must be shown in order to obtain
benefits or services. Finally, in an effort to streamline our
definition of a replacement SSN card, we eliminated language regarding
the sub-categories of duplicate and corrected SSN cards from the
language heretofore incorporated in this regulation.
In these final rules, we are adding the term ``legal'' to the
parenthethical statement that describes name changes (i.e., verified
legal changes to first name and/or surname) to clarify what we consider
an acceptable name change. Although this term was not included in the
interim final rule, this is not a substantive change, but merely
provides a more precise description of the kind of name change we
intended as a basis for a replacement card. We believe this further
clarification is necessary because we only accept name changes that can
be verified by documentation obtained through a legal process.
Section 422.110 Individual's Request for Change in Record.
We revised Sec. 422.110 to add cross-references to new paragraph
(e)(2) in Sec. 422.103, which describes the new limits on replacement
SSN cards and the exceptions to those limits. We made a minor revision
to paragraph (b) to reflect that the Immigration and Naturalization
Service has been abolished and its functions and units incorporated
into the Department of Homeland Security. We also made other clarifying
language changes.
In these final rules, we are adding a parenthetical statement in
paragraphs (a) and (b) to clarify what is considered a name change. As
previously explained, these are not substantive changes, but merely
provide a further description of what is considered an acceptable
change in name. While the preamble to the interim final rules made it
clear that name changes meant specific verified changes to a first name
and/or surname, this language was inadvertently omitted from the
interim final regulatory language.
We anticipate that the three-card per year limit will impact fewer
than 10,000 individuals in any given year. For example, of the nearly
12.4 million replacement SSN cards we issued in 2004, the number of
individuals who requested more than three replacement cards was 3,818.
However, we do not have any data available for those individuals who
requested replacement cards exceeding the ten-card per lifetime limit.
We applied these changes prospectively beginning on December 16, 2005,
and we will not consider replacement SSN cards that were issued prior
to that date when applying either limit.
Comments on Interim Final Rules
On December 16, 2005, we published the interim final rules in the
Federal Register at 70 FR 74649 and provided the public a 60-day
comment period that ended on February 14, 2006. We received comments
from four individuals and one organization in response to the interim
final rules. We carefully considered all the comments. We adopted the
interim final rules as final with only minor clarifying changes. We
believe the following summaries accurately present the views of the
commenters, and we provide our reasons for not adopting the comments in
our responses below.
Comment: Three individuals commented on the limits for replacement
SSN cards. One agreed that limits are appropriate; another indicated
that the new limits are too generous; and the last indicated that,
after three cards, there should be a $100 (``or whatever it costs'')
charge to get a replacement card.
Response: We did not adopt these comments because the limits on
replacement SSN cards in our rules were established by legislation that
amended the Act. We believe these limits establish a fair balance
between protecting the security and integrity of the SSN issuance
process while not adversely affecting members of the public who may
need to present an SSN card to obtain necessary benefits or services.
Regarding fees for replacement cards, we had considered charging a fee
in the past but determined that it was not practicable to do so.
Comment: One individual commented that SSN cards should be typed in
and issued from the local Social Security office, saying that this
would increase the security and integrity of the SSN card.
Response: This comment is outside the scope of the rule change
which does not alter the centralized process we currently use for
issuing SSN cards. Before we automated and centralized the SSN card
issuance process, SSN cards were processed in the local Social Security
offices. We believe a centralized process affords the greatest security
and guarantees the integrity of SSN cards.
Comment: A nonpartisan organization commented that it is in support
of the limits on replacement SSN cards and our proposed exceptions to
the limits as indicated in the interim final rule. The organization's
representative further stated that the example of a person providing a
referral letter from a governmental social services agency is exactly
the sort of significant hardship that SSA could anticipate a person or
family to face.
Response: This comment supports our rule change and our definition
of reasonable exceptions on a case-by-case basis in compelling
circumstances. We want to ensure that individuals who
[[Page 43056]]
need services are not precluded from receiving them based on an
inability to obtain a replacement SSN card.
For the reasons discussed above, we have not changed the interim
final rules based on the public comments. Therefore, except for the
clarifying language changes made to Sec. 422.103 and Sec. 422.110,
the interim final rules are adopted as final without change.
Dated: May 16, 2006.
Jo Anne B. Barnhart,
Commissioner of Social Security.
0
Accordingly, the interim final rules amending 20 CFR part 422 published
at 70 FR 74649 on December 16, 2005, are adopted as final with only
minor clarifying language changes.
PART 422--ORGANIZATION AND PROCEDURES
Subpart B--[Amended]
0
1. The authority citation for subpart B of part 422 is revised to read
as follows:
Authority: Secs. 205, 232, 702(a)(5), 1131, 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. Section 422.103 is amended by revising paragraph (e) to read as
follows and by amending paragraph (c)(1) by removing the word
``duplicate'' and adding in its place the word ``replacement'' in the
last sentence of the paragraph.
Sec. 422.103 Social security numbers.
* * * * *
(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. In all cases, you must complete a Form SS-5 to receive a
replacement social security number card. You may obtain a Form SS-5
from any Social Security office or from one of the sources noted in
paragraph (b) of this section. For evidence requirements, see Sec.
422.107.
(2) Limits on the number of replacement cards. There are limits on
the number of replacement social security number cards we will issue to
you. You may receive no more than three replacement social security
number cards in a year and ten replacement social security number cards
per lifetime. We may allow for reasonable exceptions to these limits on
a case-by-case basis in compelling circumstances. We also will consider
name changes (i.e., verified legal changes to the first name and/or
surname) and changes in alien status which result in a necessary change
to a restrictive legend on the SSN card (see paragraph (e)(3) of this
section) to be compelling circumstances, and will not include either of
these changes when determining the yearly or lifetime limits. We may
grant an exception if you provide evidence establishing that you would
experience significant hardship if the card were not issued. An example
of significant hardship includes, but is not limited to, providing SSA
with a referral letter from a governmental social services agency
indicating that the social security number card must be shown in order
to obtain benefits or services.
(3) Restrictive legend change defined. Based on a person's
immigration status, a restrictive legend may appear on the face of an
SSN card to indicate that work is either not authorized or that work
may be performed only with Department of Homeland Security (DHS)
authorization. This restrictive legend appears on the card above the
individual's name and SSN. Individuals without work authorization in
the U.S. receive SSN cards showing the restrictive legend, ``Not Valid
for Employment;'' and SSN cards for those individuals who have
temporary work authorization in the U.S. show the restrictive legend,
``Valid For Work Only With DHS Authorization.'' U.S. citizens and
individuals who are permanent residents receive SSN cards without a
restrictive legend. For the purpose of determining a change in
restrictive legend, the individual must have a change in immigration
status or citizenship which results in a change to or the removal of a
restrictive legend when compared to the prior SSN card data. An SSN
card request based upon a change in immigration status or citizenship
which does not affect the restrictive legend will count toward the
yearly and lifetime limits, as in the case of Permanent Resident Aliens
who attain U.S. citizenship.
0
3. Section 422.110 is revised to read as follows:
Sec. 422.110 Individual's request for change in record.
(a) Form SS-5. 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 and
sign a Form SS-5 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 obtain
a Form SS-5 from any local Social Security office or from one of the
sources noted in Sec. 422.103(b). You may submit a completed request
for change in records to 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
(i.e., verified legal changes to the first name and/or surname), we may
issue you a replacement card bearing the same number and the new name.
We will grant an exception from 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.)
(b) Assisting in enumeration. We may enter into an agreement with
officials of the Department of State and the Department of Homeland
Security to assist us by collecting, as part of the immigration
process, information to change the name or other personal identifying
information you previously submitted in connection with an application
or request for a social security number card. If your request is to
change a name on the card (i.e., verified legal changes to the first
name and/or surname) or to correct the restrictive legend on the card
to reflect a change in alien status, we may issue you a replacement
card bearing the same number and the new name or legend. We will grant
an exception from the limitations specified in Sec. 422.103(e)(2) for
replacement social security number cards representing a change of 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. E6-12254 Filed 7-28-06; 8:45 am]
BILLING CODE 4191-02-P