APPENDIX 1
FEDERAL STATUTES AND
REGULATIONS
THAT MANDATE OR AUTHORIZE THE
USE OF SOCIAL SECURITY NUMBERS
(Last revised December 31,
2003)
Note: The chart below contains
brief summaries of selected statutes and regulations. It is intended as a reference only and does not necessarily
include all applicable laws and regulations.
The reader is advised to consult with legal counsel.
|
General Purpose |
Authorized or Required
Use |
Statute or Regulation |
|
Blood donation |
Authorizes states and
political subdivisions to require that a blood donor provide his or her
social security number. |
42 U.S.C. §§
405(c)(2)(D)(i), 1320b-11 |
|
Blood donation |
Authorizes states to
require a donor to provide his or her social security number and requires
states to provide the social security number to request data from Blood Donor
Locator Service. |
20 C.F.R. § 401.200 |
|
Charitable contributions |
Requires a donee to
include on the donee’s information return the donor’s social security number
if the donee disposes of a charitable contribution (other than cash or
publicly traded securities) within two years of the gift. |
26 C.F.R. §1.6050L-1 |
|
Classified information |
Requires employers
licensed by the Nuclear Regulatory Commission to obtain authorization form
from NRC in order for employees to access classified information and to
identify employees by name and social security number. |
10 C.F.R. § 25.17 |
|
Contracts and grants |
Requires those doing
business with a federal agency to furnish social security numbers to the
agency (for example, lenders in a federal guaranteed loan program and
applicants for federal grants, licenses, or permits). |
31 U.S.C. § 7701(c) |
|
Contracts and grants |
Department of Defense
regulation regarding pre-award procedures: requires the collection of social
security number from each grant recipient to enable department to check for
delinquent accounts as required by 31 U.S.C. § 7701. |
32 C.F.R. § 22.420 |
|
Contracts and grants |
With respect to certain
federal and federally assisted construction contracts, requires reports to
include employees’ social security numbers for equal employment opportunity
reports. |
41 C.F.R. § 60-4.3 |
|
Employment |
Authorizes an employer to
examine an alien’s social security number for verification of eligibility for
employment. |
8 U.S.C. §1324a(b); 8
C.F.R. § 274a.2 |
|
Employment |
Requires an employer to
furnish for the State Directory of New Hires the social security number of an
employee. |
42 U.S.C. § 653a |
|
Employment |
Requires employer to
include social security number in annual report of wages of individual. |
20 C.F.R. § 404.452 |
|
Employment |
Requires employer to keep
records of remuneration paid to employee and requires social security number
to be included in record. |
20 C.F.R. § 404.1225 |
|
Employment |
Requires an employee to
provide the employer with the employee’s social security number. |
26 C.F.R. § 31.6011(b)-2 |
|
Employment |
Requires the employer to
include the employee’s social security number on the Form W-2. |
26 C.F.R. § 31.6051-1 |
|
Employment |
Requires employers to use
the employee’s social security number on required reports pertaining to
deferred vested retirement programs. |
26 C.F.R. § 301.6057-1 |
|
Explosive materials and
weapons of mass destruction |
Provides that it is a
federal crime to import, manufacture, or deal in explosive materials without
federal license. Requires a person
who purchases, distributes, or receives explosive materials to furnish his or
her social security number to the Secretary of the Treasury. Requires an employer to submit personal
information about employees who will possess explosive materials via federal
license. |
18 U.S.C. § 842(f) |
|
General |
Authorizes states to
collect and use social security numbers in administering any tax, general
public assistance, driver license, or motor vehicle registration law. |
42 U.S.C. §
405(c)(2)(c)(i) |
|
Health care |
Requires that, as a
condition of eligibility for Medicaid benefits, applicants for and recipients
of such benefits furnish their social security numbers to the state
administering the program. |
42 U.S.C. § 1320b-7(1) |
|
Health care |
Requires states to obtain
parents’ social security numbers before issuing a birth certificate, unless
good cause exists for not doing so. |
42 U.S.C. §
405(c)(2)(C)(ii) |
|
Health care |
Requires social security
numbers on death certificates. |
42 U.S.C. § 666(a)(13) |
|
Health care |
Authorizes manufacturers
and distributors to use social security numbers for tracking life sustaining
or life supporting medical devices used outside a medical facility if failure
of the device would result in serious adverse health consequences. |
21 C.F.R. §§ 821.25,
821.60, 821.55 |
|
Health care |
Requires that organ
procurement organizations maintain records of organ donors by obtaining
personal identifying information, including social security number of donor. |
42 C.F.R. § 486.304 |
|
Health care education |
Requires hospitals that
incur indirect costs for graduate medical education programs to furnish the
social security number for each resident. |
42 C.F.R. § 412.105 |
|
Health care education |
Requires that hospitals
that receive Medicare payment for direct graduate medical educational activities
identify residents by social security number. |
42 C.F.R. § 413.86 |
|
Nuclear reactors |
Requires holder of Nuclear
Regulatory Commission license to operate nuclear power reactor to have FBI
perform criminal history check on employees and authorizes holder to obtain
identification information including social security number. |
10 C.F.R. § 73.57 |
|
Radiation safety |
Requires employers
licensed by the Nuclear Regulatory Commission to provide radiation exposure
data and authorizes the employer to use the social security number as
identifying data. |
10 C.F.R. § 19.13 |
|
Radiation safety |
Requires employers with
Nuclear Regulatory Commission license to notify employees regarding
overexposure to radioactive materials and identify employees by social
security number. |
10 C.F.R. § 20.2203 |
|
Radiation safety |
Requires employers
licensed by Nuclear Regulatory Commission to report medical event and
radiation dose to embryo/fetus/nursing child and identify persons by name and
social security number. |
10 C.F.R. §§ 35.3045,
35.3047 |
|
Radiation safety |
Requires Department of
Energy contractors operating sites or facilities licensed by Nuclear
Regulatory Commission to issue reports to employees regarding radiation
exposure at DOE sites or facilities and requires identification of employees
by name and social security number. |
10 C.F.R. § 835.801 |
|
Radiation safety |
Requires employee to
furnish appropriate identifying data, such as the social security number, to
receive reports. |
41 C.F.R. §§ 50-204.33,
50-204.36 |
|
Student loans |
Requires an institution to
verify the borrower’s social security number. Requires the use of a common financial aid form whereby
institutions of higher education collect the information on the form,
including the social security number of parents of dependent children seeking
federal financial assistance.
Requires a student to submit social security number to receive any
grant, loan or work assistance. Requires
institutions of higher education to verify social security number in the national
student loan database and to include the social security number in certain
reports and in loan assignments. |
20 U.S.C. §§ 1078,
1078-2(f), 1090(a)(7), 1091(a)(4)(B), 1092, 1092b; 34 C.F.R. §§ 668.16,
668.33, 668.36, 674.41, 674.42, 674.50, 682.604, 685.304 |
|
Student loans |
Requires social security
number for certain student loan applications for the health professions, such
as doctors and nurses participating in the Health Education Assistance Loan
Program (HEAL). Requires schools to
give notice regarding any change in status of student, to identify students
by social security number, and to maintain current records on students,
including verification of social security number and the student’s
citizenship. |
42 C.F.R. §§ 57.206,
57.306, 60.51, 60.53, 60.56 |
|
Tax matters |
Requires that the social
security number be the taxpayer identification number and requires that a
person who must file a return, statement, or other document under the
Internal Revenue Service Code include the social security number as the
taxpayer number (withholding and annual reporting on Forms W-2 and 1099 are
included in this requirement). |
26 U.S.C. §§ 3402, 6051,
6103, 6109; 26 C.F.R. §§ 301.6109-1, 301.7701-11 |