Amendments To Executive Order 9397 Relating To Federal Agency Use of Social Security Numbers

Federal Workforce Democracy & Governance

In simple terms

This executive order amends a 1943 order on federal use of Social Security numbers, making agency use permissive ('may' rather than 'shall'), updating outdated agency names and legal citations, and adding standard disclaimers about legal enforceability and appropriations availability. It does not impose new privacy restrictions or operational requirements.

Federal Register Open PDF 73 FR 70239

Record & deadlines

Nov 18, 2008Signed
Signed by the President
Nov 20, 2008FR published
Published in the Federal Register · 73 FR 70239
Federal Register PDF

Key directives

Replace 'shall' with 'may' in E.O. 9397 paragraph 1 regarding agency use of SSNs
Remove 'exclusively' from SSN use description
Update legal citation from Title 26, section 402.502 to title 20, section 422.103
Remove 'the 1940 Supplement to' reference
Replace 'Bureau of the Budget' with 'Office of Management and Budget'
Renumber paragraph 6 as paragraph 8
Add new paragraphs 6 and 7 on implementation subject to law/appropriations and no private right of action
Replace 'Board' with 'Administration' throughout

Prior policy

amendExecutive Order 9397 of November 22, 1943

Related orders

What to expect

Immediate

EO takes effect upon signing

Near term (90d)

agencies may adjust internal SSN use policies to reflect permissive language

Long term

minimal structural change; largely technical modernization of 1943 order

Risks & tensions

Permissive 'may' language weakens prior mandatory obligation, though practical effect unclear given 65 years of established practice
No new privacy safeguards added despite policy statement on protecting personal identifiers
Standard OMB/litigation disclaimers (paragraphs 6-7, Section 3) limit accountability mechanisms