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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: March 26, 2003 (Volume 68, Number 58)]
[Proposed Rules]               
[Page 14563-14567]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr03-13]                         


[[Page 14563]]

=======================================================================
-----------------------------------------------------------------------

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 422

[Reg. No. 22]
RIN 0960-AF05

 
Evidence Requirements for Assignment of Social Security Numbers 
(SSNs); Assignment of SSNs for Nonwork Purposes

AGENCY: Social Security Administration (SSA).

ACTION: Proposed rules.

-----------------------------------------------------------------------

SUMMARY: These proposed rules would further enhance the integrity of 
SSA's enumeration processes for assigning Social Security Numbers 
(SSNs). By changing evidence requirements for assignment of SSNs and by 
defining ``valid nonwork reasons,'' we intend to reduce the opportunity 
for fraud through misuse and/or improper attainment of SSNs.
    We propose to change our rules regarding the age at which a 
mandatory in-person interview is required for original applications for 
an SSN. In addition, we propose to eliminate the waiver of evidence of 
identity for children under age 7 who are applying for an original SSN 
card. Under these proposals, SSA will require an in-person interview 
with all individuals age 12 or older who are applying for an original 
SSN, and SSA will no longer waive the requirement to provide evidence 
of identity in original applications for a child under age 7. SSA will 
clarify that evidence of identity must contain sufficient biographical 
or physical information to identify the individual. Additionally, we 
propose to eliminate reference to a pilot no longer under consideration 
by SSA pertaining to the processing of replacement SSN cards for U.S. 
citizens.
    We also propose to clarify our rules regarding when we will assign 
an SSN to an alien not under authority of law permitting him or her to 
work in the U.S. We are proposing to define a ``valid nonwork purpose'' 
as those instances when a Federal statute or regulation requires an 
alien to have an SSN in order to receive a federally-funded benefit to 
which the alien has established entitlement, or when a State or local 
law requires an alien who is legally in the U.S. to have an SSN in 
order to receive general public assistance benefits (i.e., a public 
benefit that is means-tested) to which the alien has established 
entitlement.

DATES: To be sure that your comments are considered, we must receive 
them no later than May 27, 2003.

ADDRESSES: You may give us your comments by: using our Internet 
facility (i.e., Social Security Online) at http://
www.socialsecurity.gov/regulations; e-mail to regulations@ssa.gov; 

facility (i.e., Social Security Online) at http://
www.socialsecurity.gov/regulations; e-mail to regulations@ssa.gov; 

facility (i.e., Social Security Online) at http://
www.socialsecurity.gov/regulations; e-mail to regulations@ssa.gov; 

telefax to (410) 966-2830; or letter to the Commissioner of Social 
Security, PO Box 17703, Baltimore, MD 21235-7703. You may also deliver 
them to the Office of Regulations, Social Security Administration, 100 
Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, 
between 8 a.m. and 4:30 p.m. on regular business days. Comments are 
posted on our Internet site, or you may inspect them physically on 
regular business days by making arrangements with the contact person 
shown in this preamble.
    Electronic Version: The electronic file of this document is 
available on the date of publication in the Federal Register at http://
www.access.gpo.gov/su_docs/aces/aces140.html.
 It is also available on 

www.access.gpo.gov/su_docs/aces/aces140.html. It is also available on 

the Internet site for SSA (i.e., Social Security Online) at http://
www.socialsecurity.gov.


www.socialsecurity.gov.


FOR FURTHER INFORMATION CONTACT: Arthur La Veck or Karen Cool, Social 
Insurance Specialists, Office of Income Security Programs, 3-R-1 
Operations Building, Social Security Administration, 6401 Security 
Boulevard, Baltimore, MD 21235-6401, ((410) 966-5665, 
arthur.laveck@ssa.gov or (410) 966-7094, karen.r.cool@ssa.gov) 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.


/www.socialsecurity.gov.


SUPPLEMENTARY INFORMATION:

Current Rules--Mandatory In-Person Interview

    Our regulations at 20 CFR 422.107 on evidence requirements for SSN 
card applications currently state that:
    [sbull] An in-person interview is required of an applicant who is 
age 18 or older applying for an original SSN, except for an alien who 
requests an SSN as part of the immigration process described in 20 CFR 
422.103(b)(3).
    [sbull] An in-person interview may also be required of other 
applicants.
    [sbull] An applicant for an original SSN card is required to submit 
documentary evidence that the Commissioner of Social Security regards 
as convincing evidence of age, U.S. citizenship or alien status, and 
true identity.
    [sbull] An applicant for a duplicate or corrected SSN card may also 
be required to submit convincing documentary evidence of age, U.S. 
citizenship or alien status, but is always required to submit 
convincing documentary evidence of identity.
    Furthermore, regarding evidence of identity, our regulations at 20 
CFR 422.107(c) currently state that:
    [sbull] Documentary evidence of identity may consist of a driver's 
license, identity card, school record, medical record, marriage record, 
passport, Immigration and Naturalization Service (INS) document, or 
other similar document serving to identify the individual. It is 
preferable that the document contain the applicant's signature for 
comparison with his or her signature on the application for a Social 
Security number.
    [sbull] When the applicant is a child under 7 years of age applying 
for an original SSN card and there is no documentary evidence of 
identity available, the requirement for evidence of identity will be 
waived if there is no reason to doubt the validity of the birth record, 
the SSN application, and the existence of the individual.
    [sbull] An applicant for a duplicate social security number card 
who is a U.S. citizen and who resides in an area where we are 
conducting a pilot project on the issuance of duplicate cards will not 
be required to submit a signed application or corroborative documentary 
evidence of identity if we are able to compare information provided by 
the applicant with information already in our records and, on the basis 
of this comparison, decide that corroborative documentary evidence is 
not needed to establish the applicant's identity. These special 
procedures do not apply to:
    [sbull] A foreign-born U.S. citizen who has not already submitted 
evidence of citizenship to us;
    [sbull] A person applying on behalf of another if the applicant is 
not a parent applying on behalf of his or her minor child; and
    [sbull] A person whose address is an in-care-of address, a post 
office box, general delivery, or a suite.

Current Rules--SSNs for Nonwork Purposes

    In implementing section 205(c)(2)(B)(i) of the Social Security Act 
(the Act) and regulations at 20 CFR 422.104 and 422.107, we currently 
assign SSNs to aliens who:
    [sbull] 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
    [sbull] 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

[[Page 14564]]

    [sbull] Cannot provide evidence of alien status, and regardless of 
residency, are entitled to federally funded benefits for which a 
Federal statute or regulation requires an SSN.
    Examples of these benefits include Social Security benefits, 
Supplemental Security Income benefits, Medicaid, and Temporary 
Assistance for Needy Families.
    Prior to March 1, 2002, our operational instructions permitted us 
to assign an SSN for a nonwork purpose to aliens who:
    [sbull] Cannot provide evidence of alien status and, whether or not 
they reside in the U.S., are entitled to federally-funded benefits for 
which a Federal statute or regulation requires an SSN; or
    [sbull] 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 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 documentation from the 
applicable government entity. We take great care to ensure that only 
eligible applicants are assigned SSNs and that our records accurately 
reflect the basis for assignment of the SSNs. Therefore, documentation 
must identify the alien, describe the State or local benefit/service 
for which an SSN is required, and confirm that the alien meets all 
requirements for the benefit/service except for providing an SSN.
    If we issue 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 us on an SSN issued for a 
nonwork purpose, we provide the INS with information regarding the 
reported earnings pursuant to section 290(c)(2) of the Immigration and 
Nationality Act.
    In July 1996, the Internal Revenue Service (IRS) began assigning 
Individual Taxpayer Identification Numbers (ITINs) 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 
primary reasons that aliens not authorized to work had sought SSNs for 
nonwork purposes. On October 22, 1998, we published final rules at 63 
FR 56552 that eliminated the references to IRS tax reporting purposes 
as a valid nonwork reason for assignment of an SSN.
    After the July 1996 IRS change, the remaining valid nonwork reasons 
for assignment of SSNs were generally 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, 
registering of motor vehicles, and in administering general public 
assistance programs.
    On October 12, 1999, we published an Advance Notice of Proposed 
Rulemaking (ANPRM) at 64 FR 55217 seeking comments on a proposal to 
further restrict the issuance to lawfully admitted aliens of SSNs for 
nonwork purposes. In the ANPRM, we proposed limiting assignment of 
nonwork SSNs to when there is a federal statute or regulation that 
requires the alien to furnish an SSN to receive a federally-funded 
benefit or service and the alien is legally in the U.S. but not under 
authority of law permitting him or her to work in the U.S.
    Additional restrictions on assignment of SSNs for nonwork purposes 
are needed because available SSA data suggest that some individuals 
assigned SSNs for nonwork purposes, especially for driver's licensing, 
misuse those SSNs to work illegally in the U.S. Wages have been 
reported to us 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 posted on our Web site a report from SSA's Inspector 
General entitled ``Work Activity for Social Security Numbers Assigned 
for Nonwork Purposes in the State of Utah.'' The report can be found at 
www.socialsecurity.gov/oig/ADOBEPDF/A-14-01-11048.pdf.

    We have, with the assistance of the American Association of Motor 

Vehicle Administrators and the support of the U.S. 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, though not all, have now completed arrangements for alternative 
identifier systems.

Explanation of Proposed Changes

422.107 Evidence Requirements

In-Person Interview
    We propose to amend Sec.  422.107 of our regulations to require an 
individual age 12 or older be present at an in-person interview before 
assignment of an original SSN. Furthermore, we will attempt to 
determine if an SSN had been previously assigned by asking additional 
questions of the applicant and, if a previously assigned SSN cannot be 
located, why an SSN was not obtained at an earlier time.
    We believe that this measure offers necessary additional protection 
against fraud while minimizing the burden on the public because:
    [sbull] At age 12, a child may have picture identification, such as 
a student identification card, which can be used for comparison 
purposes, or alternatively, a child age 12 or older should have other 
convincing documentary evidence of identity available.
    [sbull] Although the parent or another adult will be in attendance, 
and may be the primary respondent, we believe that requiring SSN 
applicants age 12 or older to be interviewed in person will 
significantly reduce opportunities for fraudulent applications.
    [sbull] A 12-year old may be able to provide answers to some 
questions without parental assistance.
    [sbull] This measure will have limited applicability as generally 
it should be rare for a person to obtain an SSN for the first time as 
late as 12 years of age.
    We believe that the proposed age 12 threshold for in-person 
interviews provides a balance between allowing us to screen effectively 
for a prior SSN without being overly burdensome on the children or 
their parents. When considering the age at which to set the in-person 
interview, we felt that it was rare for individuals to obtain an SSN 
for the first time as late as 12 years of age. However, we rejected 
setting the threshold at a younger age because we felt that requiring 
the presence of younger children at in-person interviews would be 
overly burdensome on the children and unproductive for us, even with 
the parent in attendance.
    Section 11111 of the Omnibus Budget Reconciliation Act of 1990 
(Pub. L. 101-508) amended the Internal Revenue Code (IRC) section 32 
(concerning the earned income credit). The amendment requires 
individuals filing tax returns after December 31, 1991 to include the 
taxpayer identification number--usually the SSN--of each qualifying 
child age 1 or older. The Uruguay Round Agreements Act (Pub. L. 103-
465) amended IRC section 6109 to generally require that individuals 
include the taxpayer identification number of each dependent for whom 
an exemption is claimed, regardless of age, for taxable years beginning 
after December 31,

[[Page 14565]]

1994. Additionally, SSNs generally are required for the receipt of 
government aid or assistance. Children who have not been claimed on tax 
returns or have not received any government assistance, may have needed 
SSNs for medical insurance purposes, savings accounts or other 
financial instruments, often within a short time after birth. Because 
most children generally will have an SSN before their first birthday, 
we believe that lowering the age for a mandatory interview is in accord 
with our goals for fraud prevention because an explanation is needed 
when a child does not obtain an SSN at a very early age.
    Furthermore, available SSA data suggest that some individuals 
assigned SSNs prior to age 18 have obtained those SSNs fraudulently 
because we sought no additional development and documentation before 
assigning an SSN. Lowering the age at which additional documentation is 
required should limit further occurrences of fraudulently attained SSNs 
for children. This form of SSN misuse can impact all levels of 
government in the form of illegal employment and fraudulent entitlement 
to government benefits and services. In addition, an SSN improperly 
assigned could be used to defraud creditors and other businesses.

Evidence of Identity

    Evidence of identity is required for all SSN applicants, regardless 
of age. We propose to eliminate the provision to waive the requirement 
for evidence of identity for children under age 7 when an original 
application for an SSN is filed. Thus, an SSN will not be assigned to a 
child under age 7 without all the evidentiary requirements being met. 
Such evidence requirements also have a direct correlation with the 
prevention of fraud. Through convincing documentary evidence of 
identity, the individual's continued existence is established in our 
records, thus limiting opportunities for fraud, such as identity theft.
    We intend to clarify that the identity document should contain 
sufficient biographical or physical information to identify the 
applicant (e.g., contain the applicant's name plus age, date of birth, 
or parents' names and/or a photograph or physical description). 
Identity documents containing biographical or physical data can be used 
for comparison with data SSA already has or with other documents the 
applicant may submit in connection with the application for an SSN 
card. A birth record is not sufficient evidence to establish identity. 
In a 2000 audit, SSA's Inspector General indicated that SSA assigned 
SSNs to individuals whose U.S. birth certificates were counterfeit. 
Individuals typically posed as the mothers of nonexistent children and 
presented counterfeit birth certificates as evidence. This audit can be 
found at http://www.ssa.gov/oig/ADOBEPDF/A-09-98-41009.pdf. Requiring 

found at http://www.ssa.gov/oig/ADOBEPDF/A-09-98-41009.pdf. Requiring 

an identity document other than a birth certificate will make it harder 
for fraudulent applicants to obtain SSNs under a fictitious identity 
because they must obtain additional evidence. This requirement should 
not unduly burden legitimate applicants because sufficient proof of 
identity, such as a medical record or school record, will normally 
exist, even for the very young.
    The pilot project on providing replacement SSN cards by telephone, 
which we were conducting on the issuance of duplicate SSN cards for 
U.S. citizens, has been completed. Therefore, we propose to remove the 
rules pertaining to this pilot.

422.104 Who Can Be Assigned a Social Security Number

    We also propose to amend Sec.  422.104 of our regulations to define 
what we consider to be a valid ``nonwork reason'' for assigning an SSN 
to an alien who does not have evidence of authority permitting him or 
her to work. This proposal defines the only valid nonwork reasons for 
assigning an SSN to such an alien as:
    [sbull] To satisfy a Federal statute or regulation that requires 
the alien to have an SSN in order to receive a Federally-funded benefit 
(such as Temporary Assistance to Needy Families) to which the alien has 
established entitlement; or
    [sbull] To satisfy a State or local law that requires an alien who 
is legally in the U.S. to have an SSN in order to receive general 
public assistance benefits (such as state-funded General Assistance) to 
which the alien has established entitlement.
    Thus, under the clarification that we are proposing, State and 
local entities would be able to continue to require individuals to 
disclose their already assigned SSNs for purposes of receiving benefits 
or services. However, we would no longer assign an SSN to an alien for 
any nonwork purpose other than to receive Federal, State or local 
benefits as described in the proposed changes to Sec.  422.104.

Advance Notice of Proposed Rulemaking

    We received several comments in response to the ANPRM we published 
on October 12, 1999 (64 FR 55217) regarding SSNs for nonwork purposes. 
Most of the commenters expressed general support for the proposed 
change in regulations contained in the ANPRM. Many of the commenters, 
however, did recommend revisions in the rule.
    The proposed rules in this NPRM incorporate changes made in 
response to these comments.
    Comment: Several commenters expressed concern that the rule change 
proposed in the ANPRM regarding SSNs for nonwork purposes could have a 
potential impact on access to public assistance programs.
    Response: We agree with these commenters. Hence, the changes that 
we are now proposing maintain our policy of issuing SSNs when a State 
or local law requires the alien to have an SSN in order to receive 
general public assistance benefits to which the alien has established 
entitlement.
    Comment: Some commenters indicated that our proposed change did not 
go far enough and that SSNs should only be assigned for SSA 
programmatic purposes.
    Response: Limiting assignment of SSNs for only SSA programmatic 
purposes is not legally permissible. Section 205(c)(2)(B)(i)(II) of the 
Social Security Act requires us to assign an SSN to any individual who 
is an applicant for or recipient of a benefit funded in whole or in 
part with Federal funds.
    Furthermore, there are also State laws that require individuals to 
have SSNs to receive benefits or services. While there is no federal 
mandate for us to assign SSNs for those purposes, the Social Security 
Act does permit the States to use the SSN in the administration of 
their tax, general public assistance, drivers' licenses or motor 
vehicle laws. In the past, we assigned SSNs for those purposes. Once 
the IRS began issuing ITINs, the need for SSNs for State tax purposes 
was eliminated as States accept ITINs in lieu of an SSN. While we could 
also have decided to stop assigning SSNs for general public assistance 
benefits, we propose to continue to assign SSNs when required for State 
public assistance in order to allow States to provide needed assistance 
to non-citizens and because experience shows that SSNs assigned for 
such programs have not resulted in significant SSN misuse.
    Comment: Several commenters expressed concern that the elimination 
of drivers' licenses and motor vehicle registration as valid nonwork 
reasons for assigning an SSN would have a negative impact on the 
ability of States to track problem drivers.
    Response: We recognize that our change in policy may present some 
challenges to State motor vehicle administrations that identify all 
drivers

[[Page 14566]]

by only the SSN, but this change was not made without consideration of 
those challenges. As indicated in our 1999 ANPRM related to this 
matter, we have encouraged States to develop an alternative identifier 
for several years. As stated above, we have, with the assistance of the 
American Association of Motor Vehicle Administrators and the support of 
the U.S. Department of Transportation, combined efforts to assist 
States that require SSNs for driver licensing and motor vehicle 
registration purposes in the development of alternative identifier 
systems to accommodate individuals not authorized to work in the U.S.
    Additionally, we must do all we can to protect the integrity of the 
SSN processes. One aspect of our stewardship responsibilities is to 
ensure that our enumeration processes prevent those who have lawfully 
entered this country, but without work authorization, from improperly 
obtaining an SSN and subsequently committing fraud and misuse. We 
always try to strike an appropriate balance between minimizing public 
burden and protecting the public interest, and in this instance we 
believe that balance is best achieved by eliminating drivers' licensing 
as a valid nonwork reason for the assignment of SSNs for nonwork 
purposes.

Clarity of These Regulations

    Executive Order 12866 requires each agency to write all rules in 
plain language. In addition to your substantive comments on these 
proposed rules, we invite your comments on how to make these proposed 
rules easier to understand. For example:
    [sbull] Have we organized the material to suit your needs?
    [sbull] Are the requirements in the rules clearly stated?
    [sbull] Do the rules contain technical language or jargon that is 
unclear?
    [sbull] Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the rules easier to understand?
    [sbull] Would more (but shorter) sections be better?
    [sbull] Could we improve clarity by adding tables, lists or 
diagrams?
    [sbull] What else could we do to make the rules easier to 
understand?

Regulatory Procedures

Executive Order 12866, as Amended by Executive Order 13258

    The Office of Management and Budget (OMB) has reviewed these rules 
in accordance with Executive Order 12866 as amended. We have also 
determined that these rules meet the plain language requirement of 
Executive Order 12866.

Regulatory Flexibility Act

    We certify that these proposed rules would not have a significant 
economic impact on a substantial number of small entities because they 
would affect only individuals. Thus, a regulatory flexibility analysis 
as provided in the Regulatory Flexibility Act, as amended, is not 
required.

Federalism

    We have reviewed these proposed regulations under the threshold 
criteria of Executive Order 13132 and have determined that they would 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
As noted above, we propose to continue assigning SSNs for State-related 
purposes when we believe it does not conflict with our stewardship 
responsibilities. The impact is limited to those States that have not 
developed an alternative system for identifying individuals not 
eligible for SSNs and who are seeking drivers' licenses.

Paperwork Reduction Act

    These proposed rules contain reporting requirements in section 
422.107. We have been collecting this information under Office of 
Management and Budget (OMB) Number 0960-0066, using form SS-5, 
Application for SSN Card and from State Bureaus of Vital Statistics 
(BVS) through the enumeration at birth process. However, the changed 
reporting requirements in section 422.107, described above, and the 
revised form will require clearance from OMB under the Paperwork 
Reduction Act of 1995. Below is the estimated public reporting burden:

----------------------------------------------------------------------------------------------------------------
                                          Form SS-5                             State BVSs
----------------------------------------------------------------------------------------------------------------
Number of Respondents.............  14,000,000..........  53.
Frequency of Response: (daily/      1...................  Varies.
 weekly/monthly).
Average Burden Per Respondent/Cost  8.5-9.5 minutes.....  $1.94 per record for 4,096,000 records.
 Per Response.
Estimated Annual Burden...........  1,987,533 hours.....  $7,951,080.
----------------------------------------------------------------------------------------------------------------

    An Information Collection Request is being submitted to OMB for 
clearance. We are soliciting comments on the burden estimate; the need 
for the information; its practical utility; ways to enhance its 
quality, utility and clarity; and on ways to minimize the burden on 
respondents, including the use of automated collection techniques or 
other forms of information technology. Comments may be mailed or faxed 
to OMB and SSA at the following addresses/fax numbers:

Office of Management and Budget, Attn: OMB Desk Officer, Rm. 10235, New 
Executive Office Building, 725 17th St., NW., Washington, DC 20503, Fax 
No. 202-395-6974.
Social Security Administration, Attn: SSA Reports Clearance Officer, 
1338 Annex Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, 
Fax No. 410-965-6400.

    Comments can be received between 30 and 60 days after publication 
of this notice and will be most useful if received by SSA within 30 
days of publication. You can obtain a copy of the collection instrument 
by calling the SSA Reports Clearance Officer at 410-965-0454.

(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; and 96.006, 
Supplemental Security Income)

List of Subjects in 20 CFR Part 422

    Administrative practice and procedure, Organization and functions 
(Government agencies) Reporting and recordkeeping requirements, Social 
Security.

    Dated: March 17, 2003.
Jo Anne B. Barnhart,
Commissioner of Social Security.

    For the reasons set out in the preamble, we propose to amend part 
422, subpart B, chapter III of title 20, Code of Federal Regulations as 
follows:

[[Page 14567]]

PART 422--ORGANIZATION AND PROCEDURES

Subpart B--[Amended]

    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).

    2. Revise Sec.  422.104 to read as follows:


Sec.  422.104  Who can be assigned a social security number.

    (a) Persons eligible for SSN assignment. We can assign you a social 
security number if you meet the evidence requirements in Sec.  422.107 
and you are:
    (1) A United States citizen; or
    (2) An alien lawfully admitted to the United States for permanent 
residence or under other authority of law permitting you to work in the 
United States (Sec.  422.105 describes how we determine if a 
nonimmigrant alien is permitted to work in the United States); or
    (3) An alien who cannot provide the evidence of alien status 
showing the alien has been lawfully admitted to the U.S., or an alien 
who has evidence of having been lawfully admitted but who does not have 
evidence of authority to work in the U.S., as required by Sec.  
422.107(e), if the evidence described in that paragraph does not exist, 
but only for a valid nonwork reason. We consider a valid nonwork reason 
to be:
    (i) You need a social security number to satisfy a Federal statute 
or regulation that requires you to have a social security number in 
order to receive a Federally-funded benefit to which you have 
established entitlement and you reside either in or outside the U. S.; 
or
    (ii) You need a social security number to satisfy a state or local 
law that requires you to have a social security number in order to 
receive general public assistance benefits to which you have 
established entitlement, and you are legally in the United States.
    (b) Annotation for a nonwork purpose. If we assign you a social 
security number as an alien for a nonwork purpose, we will indicate in 
our records that you are not authorized to work. We will also mark your 
social security card with a legend that reads ``NOT VALID FOR 
EMPLOYMENT.'' If earnings are reported to us on your number, we will 
inform the Immigration and Naturalization Service of the reported 
earnings.
    3. Amend Sec.  422.107, to revise paragraphs (a) and (c), to read 
as follows:


Sec.  422.107  Evidence requirements.

    (a) General. An applicant for an original social security number 
card must submit documentary evidence which the Commissioner of Social 
Security regards as convincing evidence of age, U.S. citizenship or 
alien status, and true identity. An applicant for a duplicate or 
corrected social security number card must submit convincing 
documentary evidence of identity and may also be required to submit 
convincing documentary evidence of age and U.S. citizenship or alien 
status. An applicant for an original, duplicate, or corrected social 
security number card is also required to submit evidence to assist us 
in determining the existence and identity of any previously assigned 
number(s). A social security number will not be assigned, or an 
original, duplicate, or corrected card issued, unless all the evidence 
requirements are met. An in-person interview is required of an 
applicant who is age 12 or older applying for an original social 
security number except for an alien who requests a social security 
number as part of the immigration process as described in Sec.  
422.103(b)(3). An in-person interview may also be required of other 
applicants. All 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.
* * * * *
    (c) Evidence of identity. An applicant for an original social 
security number or a duplicate or corrected social security number card 
is required to submit convincing documentary evidence of identity. 
Documentary evidence of identity may consist of a driver's license, 
identity card, school record, medical record, marriage record, 
passport, Immigration and Naturalization Service document, or other 
similar document serving to identify the individual. The document must 
contain sufficient information to identify the applicant, including the 
applicant's name and the applicant's age, date of birth, or parents' 
names; and/or a photograph or physical description of the individual. A 
birth record is not sufficient evidence to establish identity for these 
purposes.
* * * * *
[FR Doc. 03-7188 Filed 3-25-03; 8:45 am]
BILLING CODE 4191-02-P




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