[Federal Register Volume 64, Number 196 (Tuesday, October 12, 1999)]
[Proposed Rules]
[Pages 55217-55218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26500]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 422
[Regulations No. 22]
RIN 0960-AF05
Assignment of Social Security Numbers (SSN) for Nonwork Purposes
AGENCY: Social Security Administration (SSA).
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: SSA is providing advance notice of proposed rulemaking
regarding when we will assign an SSN to an alien who is legally in the
United States (U.S.) but not under authority of law permitting him or
her to work in the U.S. We are considering a proposal to assign an SSN
to an alien who is legally in the U.S. but does not have authorization
to work only if there is a Federal statute or regulation that requires
the alien to furnish an SSN to receive a federally-funded benefit or
service. Under such a proposal, we would no longer assign an SSN to an
alien if the alien's sole reason for applying for the SSN is to satisfy
a State or local statute or regulation that requires an individual to
furnish an SSN in order to receive a benefit or service. The intent of
such a proposed change would be to reduce the possibility of fraud
through misuse of SSNs.
DATES: To be sure that your comments are considered, we must receive
them no later than December 13, 1999.
ADDRESSES: Comments should be submitted in writing to the Commissioner
of Social Security, P.O. Box 17703, Baltimore, MD 21235-7703, sent by
telefax to (410) 966-2830, sent by E-mail to regulations@ssa.gov,''
or delivered to the Office of Process and Innovation Management, Social
Security Administration, L2109 West Low Rise Building, 6401 Security
Boulevard, Baltimore, MD 21235-6401, between 8:00 A.M. and 4:30 P.M. on
regular business days. Comments may be inspected during these hours by
making arrangements with the contact person shown below.
Electronic Availability
This document is also available as an electronic file on date of
publication in the Federal Register on the Internet site for the
Government Printing Office at http://www.access.gpo.gov/su__docs/aces/
acess140.html. It is also available on the Internet site for SSA (i.e.,
``SSA Online'') at http://www.ssa.gov.
FOR FURTHER INFORMATION CONTACT: Nancy Grace, Social Insurance
Specialist, Office of Program Benefits, 3-R-1 Operations Building,
Social Security Administration, 6401 Security Boulevard, Baltimore, MD
21235-6401, (410) 965-7911 or TTY (410) 966-5609.
SUPPLEMENTARY INFORMATION:
Background
In implementing section 205(c)(2)(B)(i) of the Social Security Act
(the Act) and our regulations at 20 CFR 422.104 and 422.107, SSA
currently assigns SSNs to aliens who:
Are lawfully admitted to the U.S. either for permanent
residence or under other authority of law permitting them to engage in
employment in the U.S.; or
Are legally in the U.S. but not under authority of law
permitting them to engage in employment, but only for a valid nonwork
purpose; or
Cannot provide evidence of alien status, reside either in
or outside the U.S. and are entitled to federally-funded benefits for
which a Federal statute or regulation requires an SSN--for example,
Social Security benefits, Supplemental Security Income benefits,
Medicaid, or Temporary Assistance for Needy Families.
Current SSA operational instructions permit SSA to assign an SSN
for a nonwork purpose to aliens who:
Cannot provide evidence of alien status, reside either in
or outside the U.S., and are entitled to federally-funded benefits for
which a Federal statute or regulation requires an SSN; or
Are legally in the U.S., if there is a Federal, State, or
local statute or regulation that requires them to provide SSNs to get a
particular benefit or service.
In the case of such a State or local statute or regulation, the
statute or regulation must be in accordance with Federal law--that is,
related to the administration of taxes, general public assistance,
driver licensing, or motor vehicle registration (section
205(c)(2)(C)(i) of the Act). If entitlement to a State or local benefit
or service is the alien's sole reason for requesting an SSN, the alien
must submit a letter from the applicable government entity. The letter
must identify the alien, describe the State or local benefit/service
for which an SSN is required, and state that the alien meets all
requirements for the benefit/service except for providing an SSN.
[[Page 55218]]
If SSA issues an SSN to an alien for a nonwork purpose, the SSN
card is marked with a nonwork legend that reads ``NOT VALID FOR
EMPLOYMENT.'' If earnings are reported to SSA on an SSN issued for a
nonwork purpose, SSA provides the Immigration and Naturalization
Service (INS) with information regarding the reported earnings pursuant
to section 290(c)(2) of the Immigration and Nationality Act. We take
great care to ensure that only eligible applicants are assigned SSNs
and that SSA's records accurately reflect the basis for assignment of
the SSNs.
In July 1996, the Internal Revenue Service (IRS) began assigning
Individual Taxpayer Identification Numbers for tax purposes to
individuals who are not eligible for SSNs but who need to report income
for tax purposes. This change in IRS policy eliminated one of the major
reasons that aliens not authorized to work had sought SSNs for nonwork
purposes. On October 22, 1998, SSA published final rules at 63 FR 56552
that eliminated the need for an SSN for tax reporting purposes as a
valid nonwork reason for assignment of an SSN.
With the July 1996 IRS change, the remaining valid nonwork reasons
for assignment of SSNs have generally been limited to eligibility for
federally-funded benefits and use of the SSNs by State governments to
administer statutes governing the issuing of driver's licenses and the
registering of motor vehicles.
Available SSA data suggest that some individuals assigned SSNs for
nonwork purposes may be misusing those SSNs to work illegally in the
U.S. Despite SSA's stringent procedures for ensuring that an alien
without work authorization is assigned an SSN only when the need for a
number can be documented, wage items have been reported to SSA on SSNs
assigned for nonwork purposes. SSN misuse can impact all levels of
government in the form of illegal employment in the U.S and fraudulent
entitlement to Federal and State benefits and services.
We have, with the assistance of the American Association of Motor
Vehicle Administrators and the support of the Department of
Transportation, combined efforts to assist States that currently
require SSNs for driver licensing and motor vehicle registration
purposes to develop alternative identifier systems to accommodate
individuals not authorized to work in the U.S. We understand that most
States have alternative identifier systems available, if not already in
use.
Explanation of Change We Are Considering
We are considering amending Sec. 422.104 of our regulations to
define what we mean by a ``nonwork reason'' for assigning an SSN to an
alien legally in the U.S. but not under authority of law permitting him
or her to work in the U.S. According to the change we are considering,
the only nonwork reason for assigning an SSN to such an alien would be
if there is a Federal statute or regulation that requires the alien to
have an SSN in order to receive a federally-funded benefit or service
to which the alien has established entitlement. Under the change in our
rules that we are considering, States and local entities would be able
to continue to use an individual's SSN for purposes of providing
benefits or services. However, SSA would not assign an SSN to an alien
for a nonwork purpose solely to be able to receive a State or local
benefit or service.
Request for Comments
Before proceeding with any proposed regulatory change, and to
maximize public participation early in the rulemaking process, we
invite the public to comment on this change in rules we are
considering. While we are interested in receiving comments from any
source on any aspect of the issues, we are particularly interested in
public comments on both the costs and benefits of this particular
change. And, for State and local governments in particular, we are
interested in answers to the following questions.
Does the State or local government have any statutory
requirements for any benefits or services, for which aliens in the U.S.
without work authorization are eligible, which require the applicant to
have an SSN; such as for the issuance of driver's licenses, the
registration of motor vehicles, or receipt of health benefits or
emergency general assistance benefits (not federally-funded)?
If so, would your State be willing to consider identifying
these individuals by use of an alternative identifier? How soon could
you implement an alternative identification system?
Dated: September 2, 1999.
Kenneth S. Apfel,
Commissioner of Social Security.
[FR Doc. 99-26500 Filed 10-8-99; 8:45 am]
BILLING CODE 4190-29-P
