Joint Trades Letter to Social Security Administration re: Draft eCBSV

The undersigned associations appreciate the opportunity to comment on the Social Security Administration’s ("SSA") Draft User Agreement (and related documents) for participants in the SSA’s electronic Consent Based Social Security Number ("SSN") Verification ("eCBSV") Service, issued for notice and comment under the Paperwork Reduction Act ("PRA"). We appreciate the SSA’s willingness to engage with us and our member firms as it develops the system and implements Section 215 of the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018 (the "Banking Bill").

Fundamentally, our comments are grounded in the following: Implementation of the Banking Bill must adhere to the plain text of that statute and the clear intent of Congress. The Banking Bill was not ambiguous in describing the full range and limits of the authority granted to the SSA. That authority comprises: (1) Building eCBSV and ensuring its proper use through audits and monitoring; (2) certifying compliance with the Gramm-Leach-Bliley Act ("GLBA"); (3) enabling consumer consent, including by use of an "electronic signature," as that term is defined in the Electronic Signatures in Global Electronic Signatures in Global and National Commerce Act ("E-SIGN Act"); and (4) recovering costs. Congress did not contemplate that SSA would enter into a User Agreement with Financial Institutions or Permitted Entities for any purpose beyond those specifically enumerated in the Banking Bill.

Many of the elements of the Draft User Agreement and related documents we address in this letter are ones in which SSA goes beyond what the Banking Bill legally authorized it to do. As such, SSA cannot demonstrate that these elements of its proposed information collection are "necessary for the proper performance of the functions of the agency,"3 or that they provide "utility" to the federal government or the public, as SSA is required to demonstrate under the PRA.

We oppose approval of this proposed collection request in its current form and urge SSA to make revisions, as described below, prior to submitting the request to the Office of Management and Budget for approval. In this letter, we address the following issues and provide recommendations for each that will ensure the creation of the eCBSV system does not exceed SSA’s authority under the Banking Bill and adheres to the intent of Congress: (1) The SSA’s proposed regulation and examination of personally identifiable information ("PII"); (2) legal and operational issues related to electronic consent; (3) concerning language regarding audits; (4) overstatements regarding the SSA’s legal authorities; (5) technical specifications of the eCBSV system; (6) the opportunity for unilateral changes by SSA; and (7) concerns regarding costs and burdens.

...

Download the letter to read the full text.

Sincerely,
American Bankers Association
Better Identity Coalition
Consumer Bankers Association
Consumer Data Industry Association
Consumer First Coalition
U.S. Chamber of Commerce