This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

11773 

Vol. 89, No. 32 

Thursday, February 15, 2024 

1See 20 CFR 404.315 for a full list of the OASDI 

disability eligibility requirements. 

2This can include, for example, a child of the 

disabled individual, a child of the disabled 

individual entitled to an adult child disability 

benefit, a spouse caring for a minor or disabled 

child of the disabled individual, or retirement 

benefits for a spouse age 62 or older of the disabled 

individual. See 20 CFR 404.330, 404.350, 404.351. 

3See 20 CFR 416.202 for a full list of the SSI 

eligibility requirements. 

4A requirement for disability for both OASDI 

disability and SSI is that you cannot be engaged in 

SGA, which is defined as work that involves 

significant and productive physical or mental 

duties, and is done, or intended to be done, for pay 

or profit. 20 CFR 404.1510, 404.1520(b), 416.910, 

416.920(b). 

5FY2023 Agency Financial Report, page 180, 

available at https://www.ssa.gov/finance/2023/ 

Full%20FY%202023%20AFR.pdf. Beneficiaries’ 

failure to report earnings in a timely manner 

accounted for 82 percent of SGA-related improper 

payments and our failure to take the proper actions 

Continued 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404, 416, and 422 

[Docket No. SSA–2016–0039] 

RIN 0960–AH88 

Use of Electronic Payroll Data To 

Improve Program Administration 

AGENCY: Social Security Administration. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Section 824 of the Bipartisan 

Budget Act of 2015 (BBA) authorizes the 

Commissioner of Social Security to 

enter into information exchanges with 

payroll data providers to obtain wage 

and employment information. We use 

wage and employment information to 

administer the Old-Age, Survivors, and 

Disability Insurance (OASDI) disability 

and Supplemental Security Income 

(SSI) programs under titles II and XVI of 

the Social Security Act (Act). We are 

proposing these rules pursuant to 

section 824 of the BBA, which requires 

us to prescribe, by regulation, 

procedures for implementing the access 

to and use of the information held by 

payroll data providers. We expect these 

proposed rules will support proper use 

of information exchanges with payroll 

data providers that will help us 

administer our programs more 

efficiently and prevent improper 

payments under titles II and XVI of the 

Act, which can otherwise occur when 

we do not receive timely and accurate 

wage and employment information. 

DATES: To ensure that your comments 

are considered, we must receive them 

no later than April 15, 2024. 

ADDRESSES: You may submit comments 

by any one of three methods—internet, 

fax, or mail. Do not submit the same 

comments multiple times or by more 

than one method. Regardless of which 

method you choose, please state that 

your comments refer to Docket No. 

SSA–2016–0039 so that we may 

associate your comments with the 

correct rule. 

Caution: You should be careful to 

include in your comments only 

information that you wish to make 

publicly available. We strongly urge you 

not to include in your comments any 

personal information, such as Social 

Security numbers or medical 

information. 

1. Internet: We strongly recommend 

that you submit your comments via the 

internet. Please visit the Federal 

eRulemaking portal at https://

www.regulations.gov. Use the Search 

function to find docket number SSA– 

2016–0039. The system will issue a 

tracking number to confirm your 

submission. You will not be able to 

view your comment immediately 

because we must post each comment 

manually. It may take up to a week for 

your comment to be viewable. 

2. Fax: Fax comments to 1–833–410– 

1631. 

3. Mail: Mail your comments to the 

Office of Legislation and Congressional 

Affairs, Regulations and Reports 

Clearance Staff, Social Security 

Administration, Mail Stop 3253 

Altmeyer, 6401 Security Boulevard, 

Baltimore, Maryland 21235–6401. 

Comments are available for public 

viewing on the Federal eRulemaking 

portal at https://www.regulations.gov or 

in person, during regular business 

hours, by arranging with the contact 

person identified below. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Dunham, Policy Analyst, Office 

of Supplemental Security Income and 

Program Integrity Policy, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, Maryland 21235– 

6401, (410) 966–9078. For information 

on eligibility or filing for benefits, call 

our national toll-free number, 1–800– 

772–1213, or TTY 1–800–325–0778, or 

visit our internet site, Social Security 

Online, at https://www.socialsecurity.

gov. 

SUPPLEMENTARY INFORMATION: 

Background 

We administer the OASDI disability 

and SSI programs under titles II and XVI 

of the Act, respectively. The OASDI 

program pays benefits to individuals 

who meet certain requirements, 

including those who are disabled and 

insured for disability.1 OASDI also pays 

benefits to certain members of disabled 

individuals’ families.2 We refer to 

meeting the requirements for OASDI 

disability benefits as OASDI disability 

‘‘entitlement.’’ The SSI program 

provides financial support to: (1) adults 

and children with a disability or 

blindness; and (2) adults aged 65 and 

older. These individuals must meet all 

program eligibility requirements, 

including having resources and income 

below specified amounts.3 We refer to 

meeting the factors of eligibility for SSI 

payments as SSI ‘‘eligibility.’’ 

We take seriously our responsibilities 

to ensure eligible individuals receive 

the benefits to which they are entitled 

and to safeguard the integrity of benefit 

programs to better serve our customers. 

Our commitment includes working to 

ensure we have accurate wage data as 

quickly as practicable to avoid 

overpayments before they occur or 

correct them quickly. 

We use wage and employment 

information to decide who can receive 

OASDI disability benefits and SSI 

payments. We also use it to determine 

SSI payment amounts. Receiving 

complete, accurate, and timely wage 

and employment information allows us 

to administer our programs efficiently 

and to avoid improper payments that 

can occur when we do not have such 

information. Reviews of postentitlement cases show that substantial 

gainful activity (SGA) 4 continues to be 

the leading cause of overpayments in 

the OASDI disability program. In fact, 

SGA-related overpayments in the 

OASDI program averaged approximately 

$500 million annually as of fiscal year 

2022.5 Further, wage discrepancies, 


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to process work reports accounted for the 

remainder. 

6 Id. at 184 and 185. Wage discrepancies occur 

when the recipient or their deemor has actual wages 

that differ from the wage amount we used to 

calculate the SSI payment, either because the 

recipient failed to report a change, or we failed to 

make changes to payments in a timely manner. 

7See 20 CFR 404.1588(a). We require reporting an 

increase in work or earnings because that may 

indicate the beneficiary has performed SGA (see 20 

CFR 404.1572 and 404.1574) and will no longer be 

entitled to an OASDI disability benefit (20 CFR 

404.1520(b)). 

8See 20 CFR 416.988. As with OASDI disability, 

we require these reports because they may indicate 

SGA (see 20 CFR 972 and 416.974), which may 

affect SSI eligibility (20 CFR 416.920(b)). 

9A deemor is any person whose income or 

resources are material to determining the eligibility 

of someone filing for or receiving SSI. 20 CFR 

416.1160; SI 01310.127. 

10See 20 CFR 416.708(c). Income in our SSI 

regulations is a broad term that includes ‘‘anything 

you receive in cash or in kind that you can use to 

meet your daily needs for food and shelter.’’ See 20 

CFR 416.1102. One type of income is wages, which 

are divided into two categories: wages paid in cash 

and wages paid in kind. See 20 CFR 416.1110. 

Wages paid in cash may include salaries, 

commissions, bonuses, severance pay, and any 

other special payments received because of 

employment. Id. 

11See 20 CFR 416.714. 

12When we receive reports by phone, fax, mail, 

or in person, our technicians process them 

manually. Manual processing by technicians 

includes calculating the total wage amount for the 

month, posting the amount to the record, and 

providing a receipt to the customer. Electronic 

methods of reporting accept wage reports on any 

day during the reporting month. Wage reports 

submitted by electronic methods are automatically 

posted to the record and the payment is adjusted 

accordingly. 

13A ‘‘wage report’’ is anytime SSA becomes 

aware of wages, whether through self-reporting 

(mail, fax, office visit, or a self-report through an 

electronic method), third party data provider, IRS 

annual wage data, or State reported wage data. 

14To be considered in time to process a particular 

month’s payment, SSI recipients or their 

representative payees must report income changes 

within the first ten days of the month following the 

month of change (20 CFR 416.714). Receiving this 

information earlier in the month allows us more 

time to calculate the correct payment, send a Notice 

of Planned Action (NOPA) when an adverse action 

applies, and adjust benefits for the following 

month. If a change is reported after the first ten days 

of the month and the change results in a change in 

the recipient’s payment amount, then it is likely 

that we will not be able to adjust benefits for the 

following month, resulting in an overpayment or 

underpayment. 

15Public Law 114–74, 129 Stat. 584, 607. 

16 ‘‘Payroll data providers’’ include payroll 

providers, wage verification companies, and other 

commercial or non-commercial entities that collect 

and maintain information regarding employment 

and wages. 42 U.S.C. 1320e–3(c)(1). 

17Under 42 U.S.C. 1320e–3(a)(1) the information 

exchange is limited to disability insurance 

beneficiaries (those under subsections (d)(1)(B)(ii), 

(d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), and (f)(1)(B)(ii) of 

section 202 and subsection (a)(1) of section 223) 

and supplemental security income benefits under 

title XVI. The law does not allow us to use the 

information exchange to obtain wage information 

for other beneficiaries under Title II (e.g., 

individuals who continue to work while receiving 

old-age benefits). 

18 42 U.S.C. 1320e–3(a). ‘‘Information exchanges’’ 

are the automated comparison of our system(s) of 

records with information of payroll data providers. 

42 U.S.C.. 1320e–3(c)(2). 

19 42 U.S.C. 425, 1320e–3, and 1383(e). 

20 Implementation of the information exchange 

will not affect our quarterly data-matches with the 

National Directory of New Hires (NDNH) or our 

annual match with the Master Earnings File, both 

which supply us with limited wage data. The 

NDNH is a federally mandated national repository 

of employment, unemployment insurance, and 

quarterly wage information submitted by state 

which reached an annual average of 

approximately $1.4 billion in improper 

payments as of fiscal year 2022, have 

been a leading cause of improper 

payments in the SSI program for more 

than a decade.6

Currently, we rely on individuals to 

report certain wage and employment 

information to us. Individuals who are 

entitled to OASDI disability must report 

to us when their condition improves, 

when they return to work, when they 

increase the amount they work, and 

when their earnings increase.7

Individuals who are eligible for SSI 

based on disability or blindness must 

make similar reports.8 All SSI recipients 

and deemors 9 must also report to us any 

change in income 10 as soon as a 

reportable event happens.11 For OASDI 

disability and SSI, they can report these 

changes by phone, fax, mail, in 

person,12 or by using mySocialSecurity. 

In many cases, SSI recipients may also 

report wages through the SSA Mobile 

Wage Reporting (SSAMWR) application 

and the SSI Telephone Wage Reporting 

(SSITWR) system. We may also request 

this information from the employer(s) or 

payroll data providers when the 

information we receive is incomplete or 

we are unable to obtain it from the 

individual. Because many individuals 

work in jobs where earnings may vary 

from week to week, some individuals 

report these changes to us each month 

or more frequently. In FY 2022, we 

received 1.1 million wage reports 13 for 

individuals who received OASDI 

disability or OASDI disability and SSI 

concurrently, and who were in current 

pay status (this does not include SSI 

only wage reports). Though we strive to 

make reporting as easy as possible, 

individuals must keep track of their 

reportable events, report them as soon 

as they happen, and spend time making 

the reports, which can be 

burdensome.14 We estimate that there 

are about 1,100,000 OASDI disability 

beneficiaries, between 200,000 and 

300,000 SSI recipients, and another 

500,000 to 600,000 deemors of SSI 

recipients who work in a given year. 

Despite the many reporting options, we 

do not always receive complete or 

timely reports. Even when we receive 

complete reports, we may still need to 

verify them with independent or 

collateral sources when we do not have 

proper wage evidence to verify the 

report, such as a paystub. Currently, to 

verify wage reports, we conduct a 

manual query, requesting records from 

payroll data providers, and sometimes 

employers, on a case-by-case basis. This 

is time-consuming, prolongs the 

resolution of the case, and adds to our 

workloads. An automated information 

exchange would allow us to obtain this 

information more efficiently because it 

could automatically process large 

numbers of queries at once. 

As we discuss later in this proposed 

rule, when individuals become eligible 

for reduced reporting responsibilities, 

we would no longer burden them with 

frequent reporting of certain wage 

information. They would no longer need 

to keep track of certain reportable 

events, report them as soon as they 

happen, and spend time making the 

reports. Further, we would no longer 

need to burden employers with requests 

for this information. As discussed in the 

regulatory analysis section, we project 

that identifying overpayments more 

quickly will reduce the quantity and 

size of overpayments, benefitting both 

recipients and employers, and better 

fulfill our stewardship obligations. 

Section 824 of the BBA and the 

Proposed Automated Process 

Section 824 of the BBA 15 authorizes 

the Commissioner of Social Security to 

enter into information exchanges with 

payroll data providers 16 to obtain wage 

and employment information. It 

authorizes these information exchanges 

for the purposes of efficient program 

administration and to prevent improper 

OASDI disability and SSI payments 17

without the need for verification by 

independent or collateral sources.18

Section 824 adds a new section 1184 to 

the Act and also adds language to 

sections 225 and 1631(e) of the Act 19 to 

clarify the role that information 

exchanges will play in determining 

payment amount and making eligibility 

and entitlement determinations and 

decisions for the OASDI disability and 

SSI programs. 

As discussed above, we require wage 

and employment information to 

administer the OASDI disability and SSI 

programs. An information exchange 

would allow us to automate the process 

of obtaining and recording the wage and 

employment data we receive from a 

payroll data provider through the 

information exchange to the appropriate 

OASDI disability and SSI systems 

records.20 We will use this information 


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directories of new hires, state workforce agencies, 

and Federal employers. The Master Earnings File 

contains data derived from IRS Form W–2, 

quarterly earnings records, and annual income tax 

forms. These data include regular wages and 

salaries, tips, self-employment income, and 

deferred compensation (contributions or 

distributions). 

21As explained above, a deemor is any person 

whose income or resources are material to 

determining the eligibility of someone filing for or 

receiving SSI. 20 CFR 416.1160; SI 01310.127. 

22 42 U.S.C. 1320a–8a. See also 20 CFR 404.459 

and 416.1340. 

23 In accordance with FAR Subpart 15.101–1(a), a 

trade-off process is appropriate when it may be in 

the best interest of the Government to consider 

award to other than the lowest priced offeror or 

other than the highest rated offeror. The non-price 

factors (listed in descending order of importance) 

used were: 1. Technical approach, 2. Corporate 

experience, and 3. Past performance. The 

solicitation stated factors 1, 2, and 3 when 

combined were approximately equal in importance 

to price. 

24The Technical Evaluation Committee supports 

the source selection for the acquisition. It is 

typically comprised of no more than three 

individuals with the appropriate technical expertise 

to evaluate proposals in accordance with the 

solicited evaluation factors. 

25We published notice of our information 

exchange with Equifax, pursuant to section 824 of 

the BBA, on January 19, 2021. 86 FR 5303. 

26The study, ‘‘Evaluation of Payroll Information 

Exchange (PIE) Wage Data Accuracy,’’ is available 

in the rulemaking record at www.regulations.gov as 

a supporting document for Docket SSA–2016–0039. 

27We performed a limited period of exchanges 

through September 2022 with Equifax. We used this 

data to test systems we created to receive, interpret, 

and incorporate the data Equifax sent. We were also 

able to use this data to perform this accuracy study. 

28The sampling choices limit the types of 

conclusions that can be drawn about the accuracy 

of Equifax’s data across the entire covered 

population. For example, if Equifax reports payroll 

information on an individual who was not working 

during a pay period, such an error would lower the 

true accuracy of using the Equifax database but 

would not be identified in this study. 

to efficiently administer OASDI and SSI 

benefits, including adjusting payment 

amounts and making entitlement or 

eligibility determinations for the OASDI 

disability and SSI programs based on 

the information we receive from a 

payroll data provider. We will also use 

this information to avoid making 

improper payments of those benefits. 

Advantages of Using Information 

Exchanges With Payroll Data Providers 

We expect that receiving monthly 

wage and employment information for 

our claimants, beneficiaries, recipients, 

and deemors 21 automatically through 

an information exchange with a payroll 

data provider who provides sufficiently 

accurate, up-to-date, and complete 

information will improve payment 

accuracy. It will also reduce improper 

payments that occur when we do not 

receive wage or employment reports 

timely (although, as indicated in the 

E.O. 12866 analysis section, we do not 

estimate the reduction in improper 

payments). Further, this process would 

reduce the burden of self-reporting on 

individuals who authorize us to obtain 

wage and employment information from 

a participating payroll data provider and 

we receive their wage and employment 

information from their employer 

through an information exchange. 

Additionally, individuals who provide 

authorization would not be subject to 

certain penalties under section 1129A of 

the Act 22 for any omission or error with 

respect to wages reported by a 

participating payroll data provider (in 

FY 2022 we performed 54 cases of 

administrative sanctions in the SSI 

program and 82 administrative 

sanctions in the Social Security 

Disability Insurance (SSDI) program; in 

FY 2023 it was 59 cases and 24 cases, 

respectively). We define a participating 

payroll data provider as a payroll data 

provider that has an information 

exchange arrangement with us to 

provide wage and employment 

information. 

We anticipate that implementation of 

an information exchange would result 

in more efficient use of our limited 

administrative resources. If we receive 

wage and employment information 

through an information exchange with a 

participating payroll data provider, our 

technicians can reduce the amount of 

time spent manually requesting this 

information from payroll data providers 

and employers, manually entering data 

into our systems from an individual’s 

pay records, contacting individuals, and 

assisting individuals with the results of 

incomplete or untimely reporting. 

Solicitation for Payroll Data Provider 

In May 2019, we solicited proposals 

for payroll providers using full and 

open competition in accordance with 

Federal Acquisition Regulations (FAR) 

Part 15. As stated in our solicitation, we 

based our award decision on a trade-off 

process (best value), considering both 

price and non-price factors.23

Equifax Workforce Solutions (Equifax) 

was the only payroll provider to 

respond to our solicitation. We 

evaluated the proposal against the 

evaluation criteria listed above, which 

consisted of technical approach, 

corporate experience, past performance, 

and price. The Technical Evaluation 

Committee 24 determined the Non-Price 

Proposal to be acceptable and assigned 

favorable ratings for the three non-price 

factors. The Contracting Officer 

evaluated the Business Proposal (i.e., 

price proposal) and determined the 

proposed prices were fair and 

reasonable according to FAR 15.404– 

1(b) and the terms of the solicitation. In 

September 2019, the agency awarded 

the Payroll Information Exchange 

contract to Equifax, as we determined 

Equifax offered the best value to the 

government, all factors considered.25

Accuracy Study 

We conducted an accuracy study 26 of 

data we received from Equifax through 

a database known as The Work 

Number.27 Equifax reports that The 

Work Number covers over two-thirds of 

non-farm payroll, although neither SSA 

nor Equifax has analyzed whether 

working disability benefit recipients are 

represented in a similar proportion in 

the database. This study compared wage 

and employment information we 

received from Equifax to wage and 

employment information we obtained 

from paystubs that users uploaded to 

the SSAMWR application, an online 

wage reporting tool currently available 

to SSI recipients, deemors, and their 

representative payees. We identified 

about 40,000 samples from March 2022 

through September 2022 where both 

Equifax and SSAMWR had information 

on the same paystub for the same 

employee, employer, and time period.28

We then compared the information that 

Equifax and SSAMWR had for these 

paystubs using the following four 

variables: pay period start date, pay 

period end date, pay date, and gross 

earnings amount. 

We evaluated the accuracy through 

two steps. First, we matched seven 

months of information exchange records 

to SSAMWR based on SSN and pay 

periods as identified by the variables 

pay period start date, pay period end 

date, and pay date. Of the roughly 

40,000 records with SSNs in both 

datasets, we found that 80.43% exactly 

matched both gross earning and all date 

fields. In 13.35% of the cases all dates 

matched but gross earnings did not. In 

the remainder of the cases there were 

iterations of partial earnings matches 

but with inaccurate dates. 

To study the cause of the 7,976 cases 

with matching errors, our second step 

was to randomly sample 4% (341) and 

manually review the cases. We first 

found that a large source of gross 

earnings match errors between 

information exchange data and 

SSAMWR were due to optical scanning 

inaccuracies from our SSAMWR file 

compared with the actual photo of the 

paystub the beneficiary had uploaded to 

SSAMWR. To further determine the 

accuracy of information exchangereported data, we compared the 

information exchange data against 

actual images of the paystubs which 


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29The 95 percent confidence interval for this 

estimate had a lower bound of 73.0 percent and an 

upper bound of 81.8 percent. 

30The 95 percent confidence interval for this 

estimate had a lower bound of 94.7 percent and an 

upper bound of 96.5 percent. 

31The pay period start date obtained through this 

exchange is not used for benefit determinations. For 

OASDI disability determinations, we use pay period 

end date, gross earnings, and sometimes pay date. 

For SSI determinations, we use only the pay date 

and gross earnings. When we removed the pay 

period start date variable from the study data, the 

match rate increased from 95.6 percent to 97.1 

percent. 

32Regarding the sample of cases that did not 

match on gross earnings, representing roughly half 

of the 4.4 percent of mismatched data, the study did 

not determine, for example, whether the mismatch 

in gross earnings was a significant difference that 

would result in an incorrect benefit determination. 

Mismatched earnings may not impact benefit 

eligibility or amounts if the earnings are below 

relevant thresholds or not relevant to the 

calculation based on when they are paid (for SSI) 

or earned (for OASDI disability). The study did not 

determine how mismatched cases impacted benefit 

determinations. Also, the study only looked at 

single instances of paystubs and not the full 

monthly earnings amount. Therefore, the study was 

unable to determine the true impact of those 

inaccuracies. 

33Public Law 114–74, 129 Stat. 584, 610. 

34Section 824 of the BBA also permits us to 

obtain wage and employment information from a 

participating payroll data provider for the purpose 

of making OASDI disability benefit amount 

determinations. 42 U.S.C. 1320e–3(b)(1)(A). 

Currently, we do not use wage and employment 

information from a payroll data provider for OASDI 

disability benefit amount determinations. 

35By ‘‘accurate’’ we mean that the exchange 

supplies the correct wage and employment 

information received for the requested individual. 

36By ‘‘complete’’ we mean the wage and 

employment information received from the 

participating payroll data provider contains all the 

required data elements necessary for us to make 

determinations and decisions regarding entitlement 

under title II of the Act. and eligibility and payment 

amounts under title XVI of the Act. We note that, 

in cases in which our current participating payroll 

data provider cannot supply all the wage and 

employment information we require to make benefit 

determinations, we investigate further to gather 

additional information. 

37By ‘‘up-to-date’’ we mean the latest wage and 

employment information received from the payroll 

data provider each month. For example, our current 

participating payroll data provider makes wage and 

employment information available within 24 hours 

of receipt from employers. 

38We have interpreted this to mean before 

implementing an information exchange by data 

sharing, which would occur after establishing an 

arrangement with a payroll data provider (e.g., 

contract) to develop the exchange. 

39On January 19, 2021, we published a notice in 

the Federal Register that provided advance 

notification to the public regarding an information 

exchange we established with Equifax (86 FR 5303). 

To date, that is the only information exchange we 

have established under section 824 of the BBA. 

40The law allows SSA to require the 

authorization. SSA has decided that we will request 

were submitted in SSAMWR. Through 

this process, we determined that in 

77.4% of the sampled cases,29 all dates 

and gross earnings matched between the 

information exchange and the true 

paystub. 

By extrapolating this sample to the 

broader set of 7,976 cases where there 

were initial mismatches between 

information exchange records and 

SSAMWR, we concluded that in 95.6 

percent 30 of the original roughly 40,000 

cases, all four variables matched 

between the actual paystub and the 

information exchange record. Although 

some data differed in 4.4 percent of 

these cases between Equifax and 

SSAMWR, the study did not determine 

whether the differences would have 

affected our benefit determinations. For 

example, one of the pay period variables 

we evaluated, pay period start date, 

would have no discernable impact on 

benefit determinations.31 While some 

other variable inconsistencies likewise 

may have had little or no impact on 

benefit determinations, potential errors 

related to total pay (such as over- or 

under-reporting actual income) could 

result in us initiating an action to 

change benefit amount.32

Based on the results of this accuracy 

study, we are confident the information 

exchange will supply the accurate wage 

and employment information we need 

to make benefit determinations in most 

circumstances. 

Requirements of Section 824 of the BBA 

Section 824(d) of the BBA 33 requires 

us to publish regulations prescribing 

procedures for implementing the access 

and use of the information held by 

payroll data providers, including: (1) 

guidelines for establishing and 

maintaining information exchanges with 

payroll data providers, pursuant to 

section 1184 of the Act; (2) beneficiary 

authorizations; (3) reduced wage 

reporting responsibilities for individuals 

when they authorize us to access 

information held by payroll data 

providers through an information 

exchange; and (4) procedures for 

notifying individuals in writing when 

they become subject to such reduced 

wage reporting requirements and when 

such reduced wage reporting 

requirements no longer apply to them. 

We discuss each of these four items 

below. 

1. Guidelines for Establishing and 

Maintaining Information Exchanges 

With Payroll Data Providers 

As discussed above, we need wage 

and employment information to decide 

who can receive OASDI disability 

benefits and SSI payments and to 

determine SSI payment amounts.34

Although individuals are required to 

report this information to us, they do 

not always report it to us timely or 

provide complete information. As 

required by section 824 of the BBA, we 

propose to prescribe guidelines for 

establishing and maintaining an 

information exchange. 

To establish an information exchange, 

we will identify the payroll data 

providers (as defined in proposed 

§§ 404.702 and 416.702) that may be 

interested in participating in an 

information exchange with us. Before 

we establish an information exchange 

with a payroll data provider, we will 

consider such factors as the provider’s 

ability and willingness to: engage in an 

information exchange; provide us with 

wage and employment information that 

includes all necessary data elements 

needed to make program determinations 

and payment amount decisions; and 

provide data that is sufficiently 

accurate,35 complete,36 and up-todate.37 We will also consider and 

evaluate any conditions and limitations 

associated with our receipt of the data. 

Any arrangement with a selected 

payroll data provider will describe: the 

records to be matched; the procedure for 

conducting the match; any requirements 

established relating to ensuring records 

are accurate, complete, and up-to-date; 

procedures for ensuring the 

administrative, technical, and physical 

security of the records matched; and 

such other provisions as are necessary. 

Further, before we enter into an 

information exchange,38 we will publish 

a notice in the Federal Register 

describing the information exchange,39

including our assessment that the 

information received through the 

exchange is relevant and necessary to 

administer our programs and an 

explanation for why the information is 

sufficiently accurate, complete, and upto-date. Receiving accurate, complete, 

and up-to-date, information from an 

information exchange is necessary to 

allow us to decide claims earlier and 

avoid improper payments that may arise 

from untimely, incomplete, or missing 

wage and employment reports. 

Once we enter into an information 

exchange with a payroll data provider, 

we will maintain the information 

exchange by periodically assessing 

whether the data we receive continues 

to be accurate, complete, and up-to-date. 

We will also monitor compliance with 

the requirements of the information 

exchange. 

2. Beneficiary Authorizations 

When an individual applies for 

benefits under OASDI disability or SSI, 

we will request authorization from the 

individual to obtain their wage and 

employment information from a payroll 

data provider.40 We will also ask for 


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this authorization on a voluntary basis, and that 

there will be no automatic assumption of inclusion 

without obtaining prior authorization. Under the 

law, individuals may refuse to provide this 

authorization and may revoke it. We will follow the 

BBA 824 requirements about the specific 

information to be provided with the authorization. 

41Attestation is the action taken by an SSA 

employee of confirming and annotating on record 

the proper individual’s intent to sign an SSA form. 

42For OASDI disability, we request authorization 

at the initial claim, expedited reinstatement (EXR), 

and work continuing disability review (CDR) stages. 

When unsuccessful or if the individual is not 

available to provide authorization at the time we 

request it, we mail the paper SSA–8240 to the 

authorizing person, including a cover letter 

indicating the individual should complete, sign, 

and return the paper SSA–8240 form. 

43For SSI, we request authorization at the full 

and deferred initial claims, and redetermination 

stages. We attempt to collect the authorization 

verbally and record it in our relevant system of 

record. When unsuccessful or if the individual is 

not available to provide authorization at the time 

we request it, we mail the paper SSA–8240 to the 

authorizing person, including a cover letter 

indicating the individual should complete, sign, 

and return the paper SSA–8240 form. 

44 In cases with multiple claims, if one of the 

claims has an adverse determination or decision 

and the appeals period for that determination or 

decision has ended or the benefits terminate, we 

will no longer use the authorization for that specific 

claim. However, we will continue to use the 

authorization for all other current claims under the 

program for which the individual provided 

authorization and there is no other reason to end 

the authorization. 

45Additionally, if a parent or legal guardian gave 

us the initial authorization for an individual who 

is not a legally incompetent adult, the authorization 

will terminate when the individual turns 18 years 

of age. See, e.g., POMS SI 00515.001.C. 

46 20 CFR 404.1588(a). We require reporting an 

increase in work or earnings because that may 

indicate that the beneficiary has performed 

substantial gainful activity (see 20 CFR 404.1572 

and 404.1574) and will no longer be entitled to an 

OASDI disability benefit (20 CFR 404.1520(b)). 

47See 20 CFR 416.988. 

48See 20 CFR 416.708(c). 

authorization during other postentitlement events, such as a 

redetermination for SSI. Although we 

have not started using payroll data, in 

anticipation of implementing the 

information exchange, we began 

collecting authorizations in late 2017 

(which we currently collect via paper 

form or through attestation).41 In the 

future, we could accept authorization 

electronically. For OASDI disability, we 

request authorization from individuals 

who apply for or are entitled to 

benefits.42 For SSI, we request 

authorization from individuals who 

apply for or receive SSI, as well as 

deemors, ineligible children, and 

individuals who turn age 18.43 An 

authorization applies to all pending and 

approved claims under the specific 

program until the authorization is 

revoked or terminated. 

When we request authorization, we 

explain the authorization’s scope and 

duration. With regard to scope, we 

explain that we will use the 

authorization to obtain information from 

a payroll data provider to determine 

initial or ongoing entitlement to 

disability benefits for OASDI, as well as 

eligibility and payment amounts for SSI. 

We also explain that we may use the 

authorization for additional claims 

associated with the claim filed, such as 

an SSI claim by a spouse or child. In 

addition, we explain how we may use 

and disclose records obtained from 

payroll data providers consistent with 

applicable Federal law and any privacy 

notices we provide the individual. For 

example, we may use the individual’s 

wage and employment information to 

decide whether they may be entitled to 

or eligible for benefits under both the 

OASDI disability and SSI programs, 

even if the individual’s authorization 

was given for only one of those 

programs. 

With respect to the duration of an 

authorization, we inform individuals 

that the authorization remains in effect 

until the earliest of the following occurs: 

(a) the individual revokes their 

authorization in writing; 

(b) we terminate all entitlement(s) to 

benefits or eligibility for payments, 

there are no other claims or appeals 

pending, and all periods for appealing 

the determination or decision to 

terminate entitlement or eligibility have 

lapsed; 44

(c) there has been an adverse 

determination or decision under the 

OASDI disability or SSI program, and, 

for that program, the individual is not 

otherwise currently entitled to benefits 

or eligible for payments, there are no 

other claims or appeals pending, and 

the period for appealing the adverse 

determination or decision has lapsed; or 

(d) for SSI deemors, the deeming 

relationship ends.45

Individuals may revoke their 

authorization in writing at any time. If 

they revoke their authorization, we will 

apply the revocation to all pending or 

approved claims under the OASDI 

disability and SSI programs from the 

time we process the revocation, 

including claims involving deemors. If 

the authorization is revoked, we will no 

longer request new information from 

payroll data providers for that 

individual. 

3. Reduced Wage Reporting 

Responsibilities When Individuals 

Authorize Us To Access Information 

Held by Payroll Data Providers Through 

an Information Exchange 

Currently, if individuals become 

entitled to OASDI disability or eligible 

for SSI, they must report certain wage 

and employment information to us. We 

use this information to make program 

determinations. We expect that, once 

implemented, the information 

exchanges will help us reduce the wage 

reporting obligations of some 

individuals. Further explanation 

follows. 

Under section 824 of the BBA and 

these regulations, when individuals 

apply for or become entitled to a benefit 

based on disability under OASDI or any 

type of benefit under SSI and they 

authorize us to obtain information from 

payroll data providers, their reporting 

responsibilities may be reduced. The 

reduced wage reporting responsibilities 

depends on whether we receive their 

wage and employment information for 

their employer(s) through a 

participating payroll data provider. We 

will send a notice to individuals 

whenever their wage reporting 

responsibilities change, as discussed in 

the next section. 

Under our current rules, individuals 

who are entitled to OASDI disability 

must report to us when their condition 

improves, when they return to work, 

when they increase the amount they 

work, or if their earnings increase.46

There are many ways to do this. As 

mentioned above, individuals receiving 

OASDI disability can report changes in 

work activity by phone, fax, mail, in 

person, or online via their 

mySocialSecurity account. Under the 

proposed rules, we would require 

reporting only when their condition 

improves, they return to work, or they 

have a new employer. However, if 

individuals provide authorization and 

we receive their wage and employment 

information from their employer(s) 

through a participating payroll data 

provider, they would no longer have to 

report an increase in the amount of their 

work or an increase in their earnings 

with that employer, because we will 

obtain that information directly from the 

payroll data provider. 

For SSI, wage reporting 

responsibilities may affect both 

eligibility and the payment amount. 

Individuals must report events that 

might change their disability or 

blindness status, including when their 

condition improves, when they return to 

work, when they increase the amount of 

their work, or when their earnings 

increase.47 To determine SSI eligibility 

and payment amount, we require 

individuals to report various events to 

us, among them any change in income 48

and individuals must report to us as 


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49See 20 CFR 416.714. 

50By ‘‘wages paid in cash’’ we are referring to 

wages paid in money or its equivalent, as opposed 

to wages paid ‘‘in kind,’’ which refers to the value 

of food, clothing, shelter, or other items provided 

as wages instead of cash. See 20 CFR 416.1110. 

51 42 U.S.C. 1320a–8a. See 20 CFR 404.459, 

416.1340. The relevant penalty under section 

1129A of the Act and 20 CFR 404.459, 416.1340 is 

the non-payment of OASDI disability benefits and 

ineligibility for SSI cash benefits. Other penalties 

under section 1129A of the Act may apply in 

situations involving false or misleading statements, 

including statements regarding wages and 

employment. 

52 42 U.S.C. 1383(e)(2). See 20 CFR 416.722 to 

416.732. This penalty may be assessed for failure 

or delay in making certain reports to us. 

53This comes directly from the BBA and we 

expect the intent was to provide additional relief 

from reporting obligations for SSI cases with 

authorizations. In section 824(c)(2)(B), the BBA 

added language to section 1631(e)(2)(B) of the Act 

clarifying that if someone authorizes, and there is 

a failure or delay to report a change in employer, 

SSA will find good cause for that failure or delay 

if ‘‘the event or change in circumstance is a change 

in the individual’s employer.’’ We would anticipate 

receiving this information through the information 

exchange. 

soon as a reportable event happens.49 As 

mentioned above, individuals receiving 

SSI can report changes in work activity 

by phone, fax, mail, in person, online 

via their mySocialSecurity account, or 

by using SSAMWR or SSITWR. 

However, if individuals provide 

authorization and we receive their wage 

and employment information from their 

employer(s) through a participating 

payroll data provider, they will no 

longer have to report an increase in the 

amount of their work for that employer, 

an increase in earnings from that 

employer, or changes to wages paid in 

cash 50 from that employer, because we 

will obtain that information directly 

from the payroll data provider. All other 

reporting obligations apply, as detailed 

in the chart. 

Program Reporting responsibilities under current regulations 

Reporting responsibilities under proposed regulations when 

we receive wage and employment information for an 

employer through a payroll data provider 

OASDI disability ...... Individuals must report to us when: Individuals must report to us when: 

• their condition improves: • their condition improves; 

• they return to work; • they return to work; or 

• they increase the amount they work; or • they have a new employer. 

• their earnings increase. 

SSI ........................... Individuals must report to us any change in income as 

soon as a reportable event happens. 

Individuals no longer have to report changes to wages paid 

in cash. 

They must also report to us when: 

• their condition improves; 

• they return to work; 

• they increase the amount they work; or 

• their earnings increase. 

They must report to us when: 

• their condition improves; 

• they return to work; or 

• they have a new employer. 

See § 416.708 for additional reporting requirements. See § 416.708 for additional reporting requirements. 

In addition to the reduced wage 

reporting responsibilities described 

above, individuals may not be subject to 

certain penalties related to reporting if 

they authorize us to obtain information 

from a payroll data provider. 

Individuals who authorize us to obtain 

wage and employment information from 

a payroll data provider will not be 

subject to penalties under section 1129A 

of the Act for omissions or errors in the 

data we receive from a participating 

payroll data provider, excluding 

situations where there may be fraud or 

similar fault.51

Further, if individuals report changes 

in income late or not at all in 

connection with SSI payments, they 

may be subject to penalties under 

section 1631(e)(2) of the Act, unless 

they have good cause for the failure to 

report timely.52 In cases in which an 

individual has authorized us to obtain 

information from a payroll data 

provider, however, we will find good 

cause for a failure of, or delay by, an 

individual reporting a change in 

employer.53 In our notice of a change in 

reporting responsibilities, we will 

include any changes in penalty relief 

that may apply or when we may make 

the good cause finding described above. 

Penalties that we may impose for 

failure to report are distinct from any 

attempts we may make to recover 

money that is improperly paid as a 

result of an overpayment. While 

individuals may not be subject to 

penalties for omissions or errors that 

may occur as a result of wage reporting, 

if we discover an overpayment, we will 

still attempt to recover any improperly 

paid funds. Although we do not propose 

it at this time, we are considering 

clarifying that for individuals who are 

exempt from reporting responsibilities 

because we get their wage and income 

information from a payroll data 

provider, any overpayments which 

result from inaccurate reporting of their 

income by the payroll data provider 

would be treated as an overpayment 

which they were ‘‘without fault’’ in 

causing under 20 CFR 404.507 (for 

OASDI) and 20 CFR 416.552 (for SSI). 

While we still initially may seek 

recovery of an overpayment from an 

individual who is considered ‘‘without 

fault’’ in causing the overpayment, these 

individuals may request a waiver of the 

overpayment recovery which we may 

grant if, among other reasons, we 

determine that recovering the 

overpayment would either be ‘‘against 

equity and good conscience’’ or ‘‘defeat 

the purpose’’ of the program. Because 

one benefit of the payroll exchange is to 

facilitate the automatic transmission of 

wage data without the beneficiary 

manually reviewing and reporting this 

information to us, this alternative would 

provide an additional protection for 

participating beneficiaries against 

payroll inaccuracies. As discussed in 

the Solicitation for Public comment 

section below, prior to adopting this 

alternative policy we seek comments on 

if it would lower burdens for our 

beneficiaries or improve administrative 

efficiencies, other improvements we 

might consider related to addressing 

overpayments associated with workers 

who participate in the payroll exchange, 

as well as whether we should consider 

any other consequences of this 

alternative. 


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54There are certain instances where an individual 

may be subject to penalties even though they have 

authorized the use of an information exchange. For 

example, if an individual authorizes the use of an 

information exchange but their employer does not 

actually participate in one, they may be subject to 

penalties for failure to report their income. As 

another example, if an individual’s employer 

participates in the information exchange but the 

individual fails to report a separate stream of selfemployment income, they may be subject to 

penalties for failure to report their income. 

55Following publication of this proposed rule, we 

will submit to OMB a request for a revision to an 

existing information collection under the 

Paperwork Reduction Act (5 CFR 1320.11). 

56As described in this and subsequent 

paragraphs, we will provide adequate notice to 

beneficiaries before adversely adjusting their 

benefits. However, we do not undertake any 

specialized review of payroll data to identify 

potential aberrations or other indicators that a 

reported income may be particularly unlikely to be 

accurate. 

57We note that the monthly information 

exchange only provides us data for the previous 

month but does not provide any updates to 

revisions made for earlier months. For example, if 

during the May 7th, 2024 information exchange we 

received information that a beneficiary earned $500 

in April, but during the month of May the employer 

corrected that amount in their own payroll system 

to $800, the June 7th, 2024 information exchange 

would not alert us to the change in reported income 

for April. 

Program Penalties under current law affected by the BBA Penalty relief when providing authorization 

OASDI disability ...... • Individuals are subject to penalties for omissions or errors in wage and employment information under section 

1129A.

• Individuals are no longer subject to penalties under section 1129A for omissions or errors in wage and employment information that we receive from a payroll data provider through an information exchange. 

SSI ........................... • Individuals are subject to penalties for omissions or errors in wage and employment information under section 

1129A.

• We may impose a penalty under section 1631(e)(2) of 

the Act for a failure or delay in reporting certain events or 

changes in circumstances relevant to SSI eligibility or 

payment amount unless the individual can show good 

cause for the failure or delay.

• Individuals are no longer subject to penalties under section 1129A for omissions or errors in wage and employment information that we receive from a payroll data provider through an information exchange. 

• We will find good cause for a failure of, or delay by, an 

individual reporting a change in employer. This means 

the penalty would not apply. 

4. Procedures for Notifying Individuals 

in Writing When They Become Subject 

to Reduced or Increased Wage Reporting 

Requirements and When Penalty Relief 

Applies 

We will notify individuals in writing 

of changes in their reporting 

responsibilities whenever we start or 

stop receiving their wage and 

employment information from a payroll 

data provider through an information 

exchange. We also explain whether they 

may be subject to penalties under 

section 1129A of the Act at the time 

they provide authorization.54 If they 

receive SSI, we will also explain when 

we will find good cause for a failure or 

delay in reporting a change in employer 

under section 1631(e)(2) of the Act. 

As discussed above, if individuals 

authorize us to obtain information from 

a payroll data provider, and we receive 

their wage and employment information 

for their employer(s) through a 

participating payroll data provider, they 

will not have to report, for that 

employer, changes in earnings for 

OASDI disability and SSI or wages paid 

in cash for SSI. This will continue for 

as long as we continue to receive this 

information through a participating 

payroll data provider for that employer, 

and we will send a notice to the 

individual informing them of the change 

to their reporting responsibilities. We 

will also send notices whenever we start 

and stop receiving information about 

their employer and their reporting 

responsibilities change. All other 

reporting requirements will still apply. 

If individuals work multiple jobs, 

they will not have to report an increase 

in earnings for OASDI disability and SSI 

or wages paid in cash for SSI from any 

employer(s) whose wage and 

employment information we receive 

from a participating payroll data 

provider, as long as we continue to 

receive this information through a 

participating payroll data provider for 

that employer(s). We will send a 

notice 55 to the individual informing 

them of any change to their reporting 

responsibilities. When an individual 

gives us authorization to obtain their 

wage and employment information from 

a payroll data provider, we promptly 

issue them a receipt that includes the 

scope and duration of their 

authorization and explains their wage 

reporting responsibilities related to the 

information exchange. This receipt 

explains they are required to continue to 

report their wage and employment 

information to us until they receive a 

specific notice telling them that they no 

longer must report. The notice will 

identify the employer(s) for whom the 

individual will not need to report wage 

and employment information to us. 

Individuals must still report an increase 

in earnings for OASDI disability and SSI 

and wages paid in cash for SSI from any 

employer(s) whose wage and 

employment information we do not 

receive through a participating payroll 

data provider. They must also tell us if 

they have a new employer. 

If individuals revoke their 

authorization, we will notify them in 

writing to explain that all reporting 

responsibilities apply and that penalties 

relating to reporting may apply. 

When Individuals Disagree With Wage 

and Employment Information Obtained 

From a Payroll Data Provider 

As noted above, wage and 

employment information may affect 

OASDI disability entitlement, SSI 

eligibility, and SSI payment amounts 

because we use that information to 

determine or decide who can receive 

benefits and the amount of the SSI 

payments for eligible individuals. If we 

implement the information exchange, 

we would obtain the payroll data from 

the previous month on or around the 

7th day of the current month. For 

example, on November 7, 2023, we 

would receive the wage and 

employment information for October 

2023. If our use of wage and 

employment information from a payroll 

data provider affects entitlement, 

eligibility, or payment amounts, all of 

our usual procedures apply.56 By 

receiving this information early in a 

month for SSI cases, we should have 

enough time to calculate the correct 

payment, send an advance notice or 

Notice of Planned Action (NOPA) when 

an adverse action applies, and adjust 

benefits accurately for the following 

month (December 2023 in this 

example).57

For OASDI disability, we send a 

notice to the beneficiary before taking 

an adverse action (e.g., reduction, 

suspension, or termination of benefits) if 

we learned of the reason for the action 

from a source other than a first party 

report. We call this an advance notice. 

Once we issue the advance notice, the 

beneficiary has 15 days or 35 days to 

rebut the information in the advance 

notice before the adverse action will 


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58The time frame for rebuttal is 15 days for cases 

that involve adverse actions or adjustments that do 

not involve an automated computer or nonautomated data match and 35 days for cases that 

involve automated computer or non-automated data 

match. See POMS GN 03001.015. Individuals 

whose wage and employment information is 

received through an information exchange will have 

35 days to rebut the information. 

59 Initial determinations are the determinations 

we make that are subject to administrative and 

judicial review. We base our initial determination 

on the preponderance of the evidence. We state the 

important facts and give the reasons for our 

conclusions in the initial determination. See 20 

CFR 404.902, 20 CFR 404.900, 20 CFR 416.1402, 

and 20 CFR 416.1400. We mail a written notice of 

our initial determination to them at their last 

known address. The written notice will explain in 

simple and clear language what we have 

determined and the reasons for and the effect of our 

determination. If our determination involves a 

determination of disability that is in whole or in 

part unfavorable to them, our written notice also 

will contain in understandable language a statement 

of the case setting forth the evidence on which our 

determination is based. The notice also will inform 

them of their right to reconsideration. We will not 

mail a notice if the beneficiary’s entitlement to 

benefits has ended because of their death. See 20 

CFR 404.904 and 20 CFR 416.1404. Initial 

determinations may be appealed within 60 days (or 

longer with good cause). See 20 CFR 404.909, 20 

CFR 404.901, 20 CFR 416.1409, and 20 CFR 

416.1401. To appeal an initial determination, an 

individual may file an SSA–561–U2 

Reconsideration Request available at: https://

www.ssa.gov/forms/ssa-561-u2.pdf. To appeal a 

Reconsideration Determination, an individual can 

file an HA–501–U5 Request for Hearing by 

Administrative Law Judge available at https://

www.ssa.gov/forms/ha-501.pdf. To appeal a hearing 

decision, an individual can file an HA–520 Request 

for Review of Hearing Decision/Order available at 

https://www.ssa.gov/forms/ha-520.html. To appeal 

an Appeals Council Decision or if the Appeals 

Council denies review of the hearing decision, an 

individual can file an action in Federal District 

Court. The SSA–561–U2, HA–501–U5, and HA–520 

can be completed and submitted online via the 

Non-Medical Appeal Page available at https://

secure.ssa.gov/iApplNMD/start. 

60 20 CFR 416.1336(b) and EM 21064REV. 

61POMS SI 02301.301. 

62See subpart J of 20 CFR 404 and subpart N of 

20 CFR 416. 

63See section 205(g) of the Act, 42 U.S.C. 405(g). 

64Section 824 of the BBA allows us to treat the 

wage and employment information we receive from 

the from a payroll data provider through the 

information exchange as verified and does not 

require additional verification. 

occur.58 If we do not hear from the 

beneficiary within the timeframe, we 

assume the information in the advance 

notice is correct and we will take the 

adverse action. When we take the 

adverse action, the beneficiary will 

receive a final (initial determination) 

notice,59 which provides the beneficiary 

with the right to appeal the action taken. 

OASDI DISABILITY

Estimated Date by Which Information Must Be Received for an Adverse Action.For adverse actions that do not involve an automated computer or nonautomated data match: At least 15 days in advance. 

For adverse actions that involve an automated computer or non-automated data match: At least 35 days in advance. 

Note: Individuals whose wage and employment information is received 

through an information exchange will have 35 days to rebut the information. 

For SSI, we send a NOPA to the 

beneficiary before taking an adverse 

action (e.g., reduction, suspension, or 

termination of benefits). This NOPA, 

also referred to as a Goldberg Kelly (GK) 

notice, is a written notice of proposed 

adverse action. The notice includes the 

basis for the adverse action and an 

explanation of appeal rights. It allows a 

recipient the necessary time to appeal 

the planned action and continue to 

receive unreduced benefits pending a 

determination on the appeal. After 

receiving the NOPA, the individual has 

60 days to file an appeal. If an appeal 

is filed within 60 days, the recipient 

will receive, unless waived, continued, 

or reinstated SSI payments until we 

make a determination at the 

reconsideration level.60

Because we must provide a NOPA 

before reducing or terminating benefits, 

we will only take an adverse action if 

we receive information leading to that 

action at least 15 days before the first 

day of the adverse action month. This 

allows time for mailing and for the 

individual to respond. If there is 

insufficient time remaining in the 

month to accommodate the NOPA 

procedures, we will not take the adverse 

action until the following month. For 

example, if we received information 

adversely affecting ongoing benefits on 

March 26, 2024, we would send a NOPA 

that notifies the recipient of the adverse 

action that will occur in May 2024. The 

first month we could reduce or 

terminate benefits would be May 

2024.61 Because the wage and 

employment information from the 

information exchange is always 

requested for the prior month, the pay 

period cycle (i.e., the date the individual 

receives payment) has a minimal effect 

on the information exchange. 

SSI 

Estimated Date by Which Earnings Must Be Received for an Adverse 

Action.

For adverse actions: At least 15 days before the first day of the adverse action month. 

As noted above, our usual procedures 

apply. This includes our procedures for 

seeking review of an initial 

determination and any related 

procedures. Our administrative review 

process is described in existing 

regulations § 404.900 for OASDI 

disability and § 416.1400 for SSI. As in 

any other case, the process consists of 

several administrative review steps 

which generally must be completed 

within certain time periods, and in the 

following order: (1) initial 

determination, (2) reconsideration, (3) 

hearing held by an administrative law 

judge, and (4) Appeals Council 

review.62 An individual who is 

dissatisfied with our final decision may 

seek judicial review.63

A claimant, recipient, beneficiary, or 

deemor may present us with evidence 

such as pay stubs or we may send 

requests to their employers for this 

information, if the individual believes 

our information is not correct.64 We will 

consider all evidence submitted and use 

it to determine the appropriate action 

for the individual’s record. We will 

prioritize pay stubs over payroll data 

provider information in situations in 

which the individual questions the 

wage and employment information we 

receive from payroll data providers 

through an information exchange. We 

have longstanding policies for resolving 

discrepancies in wage evidence, which 

we would leverage. Individuals are 


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65We are proposing to remove outdated language 

in this section and in § 416.709 (discussed below) 

explaining that the establishment of a centralized 

computer file may cause us to stop issuing receipts 

under certain circumstances. Because we do not use 

the centralized computer file described in the 

regulations, we are removing references to it. We 

will continue to issue receipts whenever we get 

information about the changes described in this 

section or in earned income described in § 416.709. 66 Id. 

generally responsible for providing 

evidence to us, but if a situation arises 

in which it is difficult for them to obtain 

evidence, we may assist them. Our 

policies direct technicians to use other 

acceptable evidence of wages when 

discrepancies are present, and to 

document the discrepancy, resolution, 

and associated evidence. If a technician 

determines based on acceptable 

evidence that the earnings do not belong 

to the individual, those earnings will be 

removed and will not affect SSI 

eligibility or payment determinations. 

In addition, if an individual is not 

satisfied with the wage and employment 

information we are receiving from 

payroll data providers through an 

information exchange, they have the 

option to revoke authorization at any 

time. 

Finally, we are requesting public 

input on expanding the methods which 

are available under our regulations to 

initiate a reconsideration (which is the 

first step of appealing an adverse 

decision). We do not intend to make any 

changes to the appeals filing process at 

this time, but we will consider public 

input for future rulemaking. One such 

option would be removing the 

requirement that reconsideration 

requests must be ‘‘written.’’ Under our 

current regulations, a request for 

reconsideration can only be made as a 

‘‘written request’’ (see 20 CFR 404.909(a) 

and 20 CFR 416.1409(a)). As a result, if 

an individual participating in the 

payroll exchange receives an advanced 

notice or NOPA indicating that their 

benefits may be reduced, they do not 

have the option of calling our 800 

number or a field office to initiate the 

process of requesting a reconsideration 

(currently, available options for 

initiating a reconsideration request 

including completing and mailing paper 

form SSA–561, visiting a field office and 

completing an SSA–561 in-person, or 

completing the i561 through 

www.ssa.gov). This alternative would 

allow individuals, if they desired, to 

submit a request by calling us (which 

may be the preferred option for many of 

our beneficiaries). As discussed in the 

Solicitation for Public comment section 

below, we seek comments on if this 

would lower burdens for our 

beneficiaries as well as whether we 

should consider any other consequences 

of this alternative. 

Summary of Changes 

In § 404.702 and § 416.702, we 

propose to add definitions for 

‘‘Participating payroll data provider’’ 

and ‘‘Payroll data provider.’’ 

In § 404.703, we propose to designate 

the existing text as paragraph (a) and 

add paragraph (b) to explain that we 

will ask individuals for written 

authorization so that we can obtain their 

wage and employment information from 

a payroll data provider when they apply 

for or become entitled to monthly 

insurance benefits. We will also explain 

the scope and duration of the 

authorization and how we will use it. 

In § 404.1588, we propose to clarify in 

paragraph (a) that an individual must 

report if they have a new employer. This 

clarification will more effectively cover 

the situation where an individual starts 

a new job, rather than requiring 

individuals to report all increased work 

when reduced reporting applies. We 

also propose to add a new paragraph (b) 

to explain OASDI disability reporting 

obligations when individuals authorize 

us to obtain their wage and employment 

information from payroll data providers. 

Proposed § 404.1588(b) explains that if 

we have the authorization described in 

§ 404.703, we will reduce reporting 

responsibilities if we receive the 

individuals’ wage and employment 

information from their employer(s) 

through a participating payroll data 

provider, but only for that employer(s). 

We will notify individuals in writing 

whenever there is a change in their 

reporting responsibilities related to the 

authorization, or when they may be 

subject to certain penalties. However, 

the OASDI disability beneficiary will 

always have to report when their 

condition improves, when they return to 

work, and when they have a new 

employer. 

We also explain that individuals may 

revoke their authorization in writing at 

any time and that if they do, we will 

apply the revocation to all pending or 

approved disability claims under 

OASDI and all pending or approved 

claims under SSI from the time we 

process the revocation. If they revoke 

their authorizations, they will be subject 

to all reporting responsibilities and 

possible penalties. Also, we removed 

references to the centralized computer 

file from redesignated paragraph (c) 

because these references were 

outdated.65

We propose to revise § 416.701 to 

explain that subpart G discusses what 

events individuals must report to us. We 

inform individuals what their reports 

must include, when reports are due, and 

when certain reporting requirements 

and penalties relating to reporting 

requirements do not apply. 

We propose to revise § 416.708 to 

explain that individuals must report any 

increase or decrease in their income and 

any increase or decrease in the income 

of certain other individuals, unless the 

circumstances in § 416.709(a) and (c) 

apply. Those circumstances are: 

• they authorize us to obtain 

information from a payroll data 

provider; and 

• we receive their wage and 

employment information from their 

employer(s) through a participating 

payroll data provider. 

Also, we removed references to the 

centralized computer file from 

paragraph (c) because these references 

were outdated.66

We propose to add a new section, 

§ 416.709, to explain the potential for 

reduced reporting responsibilities for 

SSI when an individual authorizes us to 

obtain wage and employment 

information from payroll data providers 

through an information exchange. As 

proposed, § 416.709(a) explains that we 

will ask individuals for written 

authorization to obtain wage and 

employment information about them 

from a payroll data provider whenever 

we determine the information is needed 

in connection with a determination of 

initial or ongoing eligibility for SSI 

benefits. We further explain the scope 

and duration of the authorization, and 

when reporting requirements change in 

proposed paragraphs (b) and (c) of 

§ 416.709. Reporting responsibilities 

will change based on whether we 

receive an individual’s wage and 

employment information from their 

employer(s) through a participating 

payroll data provider. If we receive 

wage and employment information from 

an individual’s employer(s) through a 

participating payroll data provider, they 

will not have to report changes in their 

wages paid in cash from that 

employer(s) only. However, the 

individual will have to comply with all 

other reporting requirements. 

In proposed paragraph (c) in 

§ 416.709, we also explain that when we 

inform individuals about changes in 

their reporting responsibilities, we will 

also inform them whether they may be 

subject to certain penalties, and when 

and how they may revoke their 

authorization. 

We propose to revise § 416.988 to 

explain that, if we receive wage and 

employment information from an 

individual’s employer(s) through a 

participating payroll data provider, they 


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67We do not know why SSI deemors have 

provided authorization at a higher rate than 

beneficiaries. 

68As stated in the preamble, neither SSA nor 

Equifax has analyzed whether working disability 

benefit recipients are represented in a similar 

proportion in the database, but we assume it for the 

purposes of this analysis. 

69We do not have data to specifically support the 

assumption that we will identify 10% more 

overpayments. However, we do know certain small 

overpayments may be currently overlooked through 

our current systems. Through review processes 

such as the Master Earnings File, SSA is generally 

able to identify overpayments from unreported 

wage changes at least on an annual basis. In certain 

circumstances, however, annual earnings as 

identified on the Master Earnings File or on a 

quarterly match may be below the threshold for 

identifying an overpayment even though the 

beneficiary’s monthly earnings in certain months 

would have resulted in changes to the amount they 

were owed. For example, if an OASDI disability 

beneficiary worked at $50 above SGA for 11 months 

of the year, and worked $0 in the 12th month, they 

would generally be passed over in the annual match 

because their total annual wages would be below 

12 times SGA. Having the monthly data would give 

SSA more exact information and the agency would 

be able to compare on a monthly basis whether 

earnings exceeds SGA. As another example, certain 

de minimis changes in benefit payment rates due 

to changes in income may not be assessed under 

current policy because of required efforts under 

current processes; because these processes will be 

automated through PIE, these changes will be made 

in a timely manner. 

will not have to report an increase in the 

amount of work or an earnings increase 

from that employer(s) only. As with 

§ 404.1588, we have clarified that an 

individual must report a new employer. 

This clarification will more effectively 

cover the situation where an individual 

starts a new job, rather than requiring 

individuals to report all increased work 

when reduced reporting applies. 

We also propose to add a new section, 

§ 422.150, to explain our guidelines for 

establishing and maintaining an 

information exchange with payroll data 

providers. We will identify and review 

payroll data providers to determine 

their ability to engage in an information 

exchange with us. We also explain that 

consistent with applicable law and 

regulations, we will establish an 

information exchange with the selected 

payroll data provider. Proposed 

§ 422.150(a) also explains the 

requirements for an information 

exchange, and that we will publish a 

notice in the Federal Register 

describing the information exchange 

and other factors before we receive and 

use information from a payroll data 

provider. Finally, proposed § 422.150(b) 

explains that we will periodically assess 

whether the data we receive under an 

information exchange continues to be 

accurate, complete, and up-to-date, and 

monitor compliance with the 

requirements of the information 

exchange. 

Solicitation for Public Comment 

As discussed elsewhere in this NPRM, 

we are seeking public comment. 

Questions that interested parties may 

wish to consider when evaluating this 

proposed rule: 

1. If we receive someone’s wage and 

employment information through the 

payroll exchange, should we treat any 

overpayments which result from 

inaccurate reporting of their wage and 

employment information by their 

employer or the payroll data provider as 

an overpayment which the individual 

was ‘‘without fault’’ in causing? Would 

this lower burdens for our beneficiaries 

or improve administrative efficiencies, 

are there other improvements we might 

consider related to addressing 

overpayments associated with workers 

who participate in the payroll exchange, 

or are there any other consequences that 

we should consider? 

2. Should we revise our regulations to 

remove the requirement that 

reconsideration be received only via 

‘‘written request’’ to accommodate the 

ability to receive reconsideration 

requests via the phone? Would this 

lower burden for beneficiaries and are 

there any other consequences that we 

should consider? 

Rulemaking Analyses and Notices 

Clarity of These Rules 

Executive Order (E.O.) 12866 as 

supplemented by E.O. 13563 and 

amended by E.O. 14094 require each 

agency to write all rules in plain 

language. In addition to your 

substantive comments on this NPRM, 

we invite your comments on how to 

make rules easier to understand. 

For example: 

• Would more, but shorter, sections 

be better? 

• Are the requirements in the rule 

clearly stated? 

• Have we organized the material to 

suit your needs? 

• Could we improve clarity by adding 

tables, lists, or diagrams? 

• What else could we do to make the 

rule easier to understand? 

• Does the rule contain technical 

language or jargon that is not clear? 

• Would a different format make the 

rule easier to understand, e.g., grouping 

and order of sections, use of headings, 

paragraphing? 

Regulatory Procedures 

E.O. 12866 as Supplemented by E.O. 

13563 and Amended by E.O. 14094 

We consulted with the Office of 

Management and Budget (OMB) and 

OMB has determined that this proposed 

rule meets the criteria for a Section 

3(f)(1) significant regulatory action 

under E.O. 12866, as supplemented by 

E.O. 13563 and amended by E.O. 14094 

and is subject to OMB review. 

Assumptions 

We estimate that, by 2033, 96% of SSI 

recipients will have authorized us to 

obtain this information from payroll 

data providers through information 

exchanges, and about 60% of disabled 

OASDI beneficiaries will have also 

provided this authorization. We base 

this estimate on current rates of 

adoption as we have sought 

authorization from beneficiaries during 

both new enrollment and disability 

review processes since late 2017. Since 

2017, 98% of OASDI disability 

beneficiaries and SSI recipients who 

have been asked have provided 

authorization—this corresponds to 

about 25% of all current OASDI 

disability beneficiaries as of May 2023. 

As of July 2022, 56% of all current SSI 

recipients and 67% of SSI deemors have 

provided authorization.67

We estimate that there are about 

1,100,000 OASDI disability 

beneficiaries, between 200,000 and 

300,000 SSI recipients, and another 

500,000 to 600,000 deemors of SSI 

recipients who work in a given year. 

Because employers representing 

approximately two-thirds of the nonfarm payroll of employees will 

automatically provide payroll data to us, 

we expect individuals will submit fewer 

wage reports.68

Additionally, we estimate that there 

are 100,000 OASDI disability 

beneficiaries who are overpaid due to 

working at or above the SGA level. Over 

FYs 2018 through 2022, these 

individuals were overpaid an annual 

average of $1,163 million. We estimate 

that, through the information exchange, 

we will be able to identify both wages 

we otherwise would not have known 

about, as well as wages that will be 

identified timelier than under current 

processes. Additionally, we estimate 

that we will identify and assess 

approximately an additional 10% of 

overpayments due to working at or 

above SGA (OASDI) or having wages 

from employment (SSI) which we never 

would have identified through our 

current processes.69

Anticipated Costs to the Public 

There are minor costs to the public 

associated with this rulemaking. 

Individuals who apply for or are 

receiving OASDI disability, individuals 

who apply for or are receiving SSI, and 

SSI deemors, will need to spend a 


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70When an individual believes the information 

we are receiving from a payroll data provider is 

incorrect, they can correct the information with us. 

A beneficiary may also wish to contact the payroll 

data provider to resolve a recurring issue or if, for 

example, they believe the error may be due to 

potential fraud. We will provide information in the 

advance notice (for OASDI disability) or NOPA (for 

SSI) for how to contact the payroll data provider 

directly. 

71We note these savings are for our staff. They 

do not represent public reporting burden savings. 

minimal amount of time to complete the 

authorization to allow us to obtain wage 

and employment information from 

payroll data providers through an 

information exchange. Similarly, 

individuals who want to revoke their 

authorizations would need to spend a 

minimal amount of time to do so. We 

anticipate this time would be more than 

offset by the time saved by individuals 

who would no longer need to spend 

time reporting certain wage and 

employment information and work 

activity. 

There is a potential for lost benefits to 

the beneficiary or recipient in instances 

where we make an unfavorable or 

partially favorable determination or 

decision based on potentially inaccurate 

information obtained from payroll data 

providers through an information 

exchange. We have not estimated at this 

time the number of additional NOPAs 

which might be due to inaccurate 

payroll information. 

There is a potential burden on the 

public to correct any inaccurate data 

reported to us from a payroll data 

provider if an individual identifies an 

error in the information we receive 

through an information exchange. 

However, the primary burden related to 

these rules is the time it would take for 

the individual to correct information 

with us. Additionally, although 

individuals can give us information that 

we may use to correct our records, they 

may also have to work with the payroll 

data provider directly to correct any 

inaccurate data in its records, because 

we can only update our records.70

We anticipate minimal costs to the 

public associated with reporting 

inaccurate data based on the accuracy 

rate recorded in the accuracy analysis 

study previously discussed and 

included in the rulemaking record. 

Anticipated Benefit to the Public 

An information exchange has many 

benefits. Individuals will have reduced 

wage reporting responsibilities if they 

provide us with authorization to obtain 

their wage and employment information 

from a payroll data provider and we 

obtain that information from a 

participating payroll data provider 

through an information exchange. 

Reducing reporting responsibilities 

relieves the burden placed on 

individuals to report certain wage and 

employment information to us if we are 

already receiving it from a payroll data 

provider through an information 

exchange. This reduced reporting 

responsibility should make it easier for 

individuals to comply with our wage 

reporting rules. It reduces the 

individual’s need to report certain wage 

and employment information to us 

which includes the burden of the time 

it takes the individual to report this 

information and the burden of 

remembering to report it to us within a 

certain timeframe. 

The timely receipt of wage and 

employment information from a payroll 

data provider through an information 

exchange would also help us reduce 

improper payments, which may be a 

source of confusion for the public and 

may cause individuals to spend time 

addressing errors associated with 

improper payments or filing appeals or 

waiver requests. Lastly, authorizing us 

to obtain records from a payroll data 

provider through an information 

exchange may relieve individuals from 

certain penalties under section 1129A of 

the Act for any omission or error with 

respect to wages reported to us by a 

participating payroll data provider. And 

for SSI, we will find good cause for a 

failure or delay in reporting a change in 

employer, which can avoid certain 

additional penalties. 

Anticipated Transfers to Our Program 

Our Office of the Chief Actuary 

estimates that implementation of this 

proposed rule would result in a total net 

reduction in OASDI benefit payments of 

$1.8 billion and a total net reduction in 

Federal SSI payments of $1.9 billion 

over fiscal years 2024 through 2033. The 

estimates assume implementation of 

this rule on October 1, 2023, and that 

SSA will not, during the estimate 

period, contract with any other payroll 

data provider beyond Equifax. We note 

that the increase in the amount of 

overpayments identified or prevented in 

this period would be larger than the 

reduction in actual benefits paid in this 

period. First, regarding overpayments 

newly identified, as discussed in our 

Assumptions section, these estimates 

assume that 50 percent of work-related 

overpayments identified for OASDI 

beneficiaries and 80 percent of earnedincome related overpayments for SSI 

recipients will be recovered within 10 

years after they are identified. Thus, 

much of the overpayments newly 

identified, especially those identified 

late in this 10-year period, will be only 

partially recovered with subsequent 

reductions in payments through fiscal 

year 2033. Second, while potential 

overpayments that would be prevented 

due to implementation of this rule will 

immediately reduce benefit payments, 

such early identification of earnings will 

also avoid subsequent potential 

overpayments through fiscal year 2033 

and beyond. 

Anticipated Administrative Costs to the 

Social Security Administration 

The Office of Budget, Finance, and 

Management estimates that this 

proposal will result in a net 

administrative cost of $419 million for 

the 10-year period from FY 2024 to FY 

2033. The net administrative cost is 

mainly a result of the contract and IT 

costs to administer the information 

exchange. The total costs are offset by 

some administrative savings from a 

shorter wage development process in 

affected cases during title XVI (SSI) preeffectuation reviews, redeterminations, 

post-eligibility actions, and 

overpayments, as well as during title II 

(OASDI) work continuing disability 

reviews. However, we do not attempt to 

estimate these time savings. As 

explained above, under our current 

process, we sometimes conduct a 

manual query to request records from 

payroll data providers or employers. We 

estimate we would save approximately 

20 minutes of our staff’s time each time 

we no longer need to complete this 

query.71

Executive Order 13132 (Federalism) 

We analyzed this proposed rule in 

accordance with the principles and 

criteria established by Executive Order 

13132 and determined that the proposed 

rule will not have sufficient Federalism 

implications to warrant the preparation 

of a Federalism assessment. We also 

determined that this proposed rule will 

not preempt any State law or State 

regulation or affect the States’ abilities 

to discharge traditional State 

governmental functions. 

Regulatory Flexibility Act 

We certify that these proposed rules 

will not have a significant economic 

impact on a substantial number of small 

entities because it primarily affects 

individuals. In some instances, this 

proposed change may reduce the burden 

on employers because we may need to 

contact employers for information less 

frequently when we receive wage and 

employment information from payroll 

data providers through an information 

exchange. Because our contact with 

employers for this reason is limited 

now, we do not expect a significant 


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difference. Therefore, a regulatory 

flexibility analysis is not required under 

the Regulatory Flexibility Act, as 

amended. We discuss the time burden 

savings for employers stemming from 

this proposed rule in the Paperwork 

Reduction Act section of the preamble. 

Paperwork Reduction Act Statement 

SSA already has existing OMBapproved information collection tools 

relating to this proposed rule: the Letter 

to Employer Requesting Information 

About Wages Earned by Beneficiary 

(SSA–L725, OMB Control No. 0960– 

0034); Letter to Employer Requesting 

Wage Information (SSA–L4201, OMB 

Control No. 0960–0138); Monthly SSI 

Wage Reporting (SSA’s Mobile Wage 

Reporting, Telephone Wage Reporting, 

and Internet myWage Report 

application, OMB Control No. 0960– 

0715); the Authorization for the Social 

Security Administration to Obtain Wage 

and Employment Information from 

Payroll Data Providers (Form SSA–8240, 

OMB Control No. 0960–0807); and the 

Notice to Electronic Information 

Exchange Partners to Provide Contractor 

List (SSA–731, OMB Control No. 0960– 

0820). While we previously obtained 

OMB approval for the new form (under 

OMB Control No. 0960–0807) to collect 

the authorization for the wage and 

employment information from payroll 

data providers, SSA has not utilized this 

information through an automated 

information exchange, because those 

exchanges have not yet gone live. The 

proposed rule provides additional 

information on OASDI and SSI reduced 

reporting requirements, as well as the 

effects of beneficiaries, recipients, and 

deemors authorizing us to obtain 

records from payroll data providers. In 

addition, the proposed rule describes 

the establishment of the requirements to 

enter into an information exchange with 

payroll data providers. SSA established 

the information collection for the 

Authorization for the Social Security 

Administration to Obtain Wage and 

Employment Information from Payroll 

Data Providers (0960–0807) prior to the 

creation of this new rule. We will 

include the appropriate CFR citations 

under that OMB approved information 

collection upon publication of the final 

rule. In addition, we will obtain OMB 

approval for revisions to the collection 

instruments as needed simultaneously 

with the publication of the final rule. 

Finally, the implementation of this 

proposed rule would decrease the time 

burden for the public, as it would 

remove the need for individuals or 

employers to submit wages to SSA 

when we receive them from payroll data 

providers through an information 

exchange instead. While we 

acknowledge that there is a burden on 

the public for 20 CFR 422.150(a)(3), we 

did not include it in the chart below 

because fewer than 10 providers submit 

this information to SSA. The following 

chart shows the anticipated burden 

reduction due to the other regulatory 

requirements from this proposed rule: 

OMB #; form #; CFR citations Number of 

respondents 

Frequency 

of 

response 

Current 

average 

burden per 

response 

(minutes) 

Current 

estimated 

total 

burden 

(hours) 

Anticipated 

new 

number of 

respondents 

under 

regulation 

Anticipated 

new burden 

per response 

under 

regulation 

(minutes) 

Anticipated 

estimated 

total burden 

under 

regulation 

(hours) 

Estimated 

burden 

savings 

(hours) 

0960–0034—SSA–L725 ............................ 170,000 1 40 113,333 170,000 40 113,333 * 0 

0960–0138—SSA–L4201 .......................... 133,000 1 30 66,500 133,000 30 66,500 * 0 

0960–0715—Mobile Wage reporting, 

404.703(a), 416.708(c), 416.709 (new) 88,382 12 6 106,058 36,237 6 43,484 62,574 

0960–0715—Telephone Wage reporting, 

404.703(a), 416.708(c), 416.709 (new) 16,341 12 5 16,341 6,700 5 6,700 9,641 

0960–0715—myWage Report, 

404.703(a), 416.708(c), 416.709 (new) 3,557 12 7 4,980 1,458 7 2,041 ** 2,939 

0960–0807—SSA–8240, 404.703(b), 

404.1588(a), 404.1588(b)(3)(iii), 

404.1588(b)(4), 416.988(a) ................... 150,000 1 8 20,000 150,000 8 20,000 * 0 

0960–0807—MCS/SSI Claim System, 

404.703(b), 404.1588(a), 

404.1588(b)(3)(iii), 404.1588(b)(4), 

416.988(a) ............................................. 697,580 1 3 34,879 697,580 3 34,879 * 0 

0960–0807—Internet, 404.703(b), 

404.1588(a), 404.1588(b)(3)(iii), 

404.1588(b)(4), 416.988(a) ................... 147,820 1 3 7,391 147,820 3 7,391 * 0 

Totals ................................................. 1,406,680 .................... .................... 369,482 1,342,795 ...................... 294,328 75,154 

* These proposed rules will not significantly affect the burden for this information collection; therefore, we do not anticipate any burden reduction for this information 

collection due to the implementation of this rule. 

** SSA is providing this figure as a current best estimate for burden reduction under these proposed rules. We will not have accurate data until we implement the 

rule. 

The following chart shows the 

reduction in theoretical cost burdens 

associated with the proposed rule: 

OMB #; form #; CFR citations 

Anticipated 

new number of 

respondents 

Estimated 

burden 

per response 

from chart 

above 

(minutes) 

Anticipated 

estimated 

total burden 

under 

regulation 

(hours) 

Average 

theoretical 

hourly cost 

amount 

(dollars) * 

Average 

combined 

wait time in 

field office 

and/or 

teleservice 

centers 

(minutes) ** 

Anticipated 

annual 

opportunity 

cost 

(dollars) *** 

0960–0034—SSA–L725 ............................................................ 170,000 40 113,333 * $25.14 0 *** $2,849,192 

0960–0138—SSA–L4201 .......................................................... 133,000 30 66,500 * 25.14 0 *** 1,671,810 

0960–0715—Mobile Wage reporting, 404.703(a), 416.708(c), 

416.709 (new) ........................................................................ 36,237 6 43,484 * 21.29 0 *** 925,774 


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OMB #; form #; CFR citations 

Anticipated 

new number of 

respondents 

Estimated 

burden 

per response 

from chart 

above 

(minutes) 

Anticipated 

estimated 

total burden 

under 

regulation 

(hours) 

Average 

theoretical 

hourly cost 

amount 

(dollars) * 

Average 

combined 

wait time in 

field office 

and/or 

teleservice 

centers 

(minutes) ** 

Anticipated 

annual 

opportunity 

cost 

(dollars) *** 

0960–0715—Telephone Wage reporting, 404.703(a), 

416.708(c), 416.709 (new) .................................................... 6,700 5 6,700 * 21.29 0 *** 142,643 

0960–0715—myWage Report, 404.703(a), 416.708(c), 

416.709 (new) ........................................................................ 1,458 7 2,041 * 21.29 0 *** 43,453 

0960–0807—SSA–8240, 404.703(b), 404.1588(a), 

404.1588(b)(3)(iii), 404.1588(b)(4), 416.988(a) ..................... 150,000 8 20,000 * 21.29 ** 24 *** 1,703,200 

0960–0807—MCS/SSI Claim System, 404.703(b), 

404.1588(a), 404.1588(b)(3)(iii), 404.1588(b)(4), 416.988(a) 697,580 3 34,879 * 21.29 ** 21 *** 5,940,591 

0960–0807—Internet, 404.703(b), 404.1588(a), 

404.1588(b)(3)(iii), 404.1588(b)(4), 416.988(a) ..................... 147,820 3 7,391 * 21.29 ** 21 *** 1,258,835 

Totals ................................................................................. 1,342,795 ........................ 294,328 ........................ ........................ *** 14,535,498 

* We based this figure on the average Payroll and Timekeeping Clerks hourly salary, as reported by the Bureau of Labor Statistics data (https://www.bls.gov/oes/ 

current/oes433051.htm); as well as the averaging of SSDI payments based on SSA’s current FY 2023 data (https://www.ssa.gov/legislation/2023factsheet.pdf) and 

the average U.S. citizen’s hourly salary, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes_nat.htm). 

** We based this figure on the average FY 2023 wait times for field offices and hearings office, as well as by averaging both the average FY 2023 wait times for 

field offices and teleservice centers, based on SSA’s current management information data. 

*** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the 

application. 

SSA submitted a single new 

Information Collection Request which 

encompasses revisions to information 

collections currently under OMB 

Numbers 0960–0034, 0960–0138, 0960– 

0715, 0960–0807) to OMB for the 

approval of the changes due to the 

proposed rule. After approval at the 

final rule stage, we will adjust the 

figures associated with the current OMB 

numbers for these forms to reflect the 

new burden. 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 ways to 

minimize the burden on respondents, 

including the use of automated 

techniques or other forms of information 

technology. In addition, we are 

specifically seeking comment on 

whether you have any questions or 

suggestions for edits to the forms 

referenced above in the context of this 

proposed regulatory change. If you 

would like to submit comments, please 

send them to the following locations: 

Office of Management and Budget, Attn: 

Desk Officer for SSA, Fax Number: 

202–395–6974 

Social Security Administration, OLCA, 

Attn: Reports Clearance Director, Mail 

Stop 3253 Altmeyer, 6401 Security 

Blvd., Baltimore, MD 21235, Fax: 

410–966–2830, Email address: 

OR.Reports.Clearance@ssa.gov 

You can submit comments until April 

15, 2024, which is 60 days after the 

publication of this notice. To receive a 

copy of the OMB clearance package, 

contact the SSA Reports Clearance 

Officer using any of the above contact 

methods. We prefer to receive 

comments by email or fax. 

(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 

20 CFR Part 404 

Administrative practice and 

procedure; Blind; Disability benefits; 

Old-Age, Survivors, and Disability 

Insurance; Reporting and recordkeeping 

requirements; Social Security. 

20 CFR Part 416 

Administrative practice and 

procedure; Aged, Blind, Disability 

benefits, Public Assistance programs; 

Reporting and recordkeeping 

requirements; Supplemental Security 

Income (SSI). 

20 CFR Part 422 

Administrative practice and 

procedure; Organization and functions 

(Government agencies); Operational 

effectiveness; Social Security. 

The Commissioner of Social Security, 

Martin O’Malley, having reviewed and 

approved this document, is delegating 

the authority to electronically sign this 

document to Faye I. Lipsky, who is the 

primary Federal Register Liaison for 

SSA, for purposes of publication in the 

Federal Register. 

Faye I. Lipsky, 

Federal Register Liaison, Office of Legislation 

and Congressional Affairs, Social Security 

Administration. 

For the reasons set out in the 

preamble, we propose to amend 20 CFR 

chapter III parts 404, 416, and 422 as set 

forth below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE 

Subpart H—Evidence 

■ 1. The authority citation for subpart H 

of part 404 is revised to read as follows: 

Authority: 42 U.S.C. 405(a), 902(a)(5), and 

1320e–3. 

■ 2. Amend § 404.702 by adding, in 

alphabetical order, the definitions of 

‘‘Participating payroll data provider’’ 

and ‘‘Payroll data provider’’ to read as 

follows: 

§ 404.702 Definitions. 

* * * * * 

Participating payroll data provider 

means a payroll data provider that has 

established an information exchange 

with us to provide wage and 

employment information. 

Payroll data provider means payroll 

providers, wage verification companies, 

and other commercial or noncommercial entities that collect and 

maintain information regarding 

employment and wages. 

* * * * * 

■ 3. Revise § 404.703 to read as follows: 

§ 404.703 When evidence is needed. 

(a) Evidence. When you apply for 

benefits, we will ask for evidence that 

you are eligible for them. After you 

become entitled to benefits, we may ask 

for evidence showing whether you 

continue to be entitled to benefits; or 

evidence showing whether your benefit 

payments should be reduced or stopped. 

See § 404.401 for a list showing when 

benefit payments must be reduced or 

stopped. 


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11786 Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Proposed Rules 

(b) Authorization to obtain data from 

a payroll data provider. 

(1) We will ask you for a written 

authorization to obtain information 

about you from a payroll data provider 

whenever we determine the information 

is needed in connection with a 

determination of initial or ongoing 

entitlement to benefits. 

(2) When we ask for your 

authorization, we will explain the 

authorization’s scope and duration. 

(i) We will explain to you that we will 

use the information obtained from a 

payroll data provider when it is needed 

in connection with a determination of 

initial or ongoing entitlement to title II 

benefits based on disability, or for 

eligibility or the amount of benefits 

under the Supplemental Security 

Income program of title XVI of the 

Social Security Act, and to prevent 

improper payments. We will explain to 

you that we may also use the 

authorization to obtain wage and 

employment information from a payroll 

data provider for claims associated with 

the claim filed, such as a claim for 

benefits by a spouse or child. We will 

also explain that we may use and 

disclose your information consistent 

with applicable Federal law (see, e.g., 

part 401 of this chapter) and any privacy 

notices we provide to you. 

(ii) We will also inform you that your 

authorization will remain effective until 

the earliest of one of the following 

occurrences: (A) you revoke your 

authorization in writing (see 

§ 404.1588(b)(4)); (B) we have 

terminated all entitlement for benefits, 

you have no other claims or appeals 

pending under this title, and the period 

for appealing the determination or 

decision terminating entitlement has 

lapsed; or (C) there has been an adverse 

determination or decision on your 

claim, you have no other claims or 

appeals pending under this title, and the 

period for appealing the adverse 

determination or decision has lapsed. 

Subpart P—Determining Disability and 

Blindness 

■ 4. The authority citation for subpart P 

of part 404 is revised to read as follows: 

Authority: 42 U.S.C. 402, 405(a)-(b) and 

(d)–(h), 416(i), 421(a) and (h)–(j), 422(c), 423, 

425, 902(a)(5), and 1320e–3; sec. 211(b), Pub. 

L. 104–193, 110 Stat. 2105, 2189; sec. 202, 

Pub. L. 108–203, 118 Stat. 509 (42 U.S.C. 902 

note). 

■ 5. Amend § 404.1588 by redesignating 

paragraph (b) as paragraph (c) and 

adding a new paragraph (b) and revising 

paragraphs (a) and (c) to read as follows: 

§ 404.1588 Your responsibility to tell us of 

events that may change your disability 

status. 

(a) Your responsibility to report 

changes to us. If you are entitled to cash 

benefits or to a period of disability 

because you are disabled, you should 

promptly tell us if— 

(1) Your condition improves; 

(2) You return to work; 

(3) You have a new employer; 

(4) You increase the amount of your 

work; or 

(5) Your earnings increase. 

(b) Effect of authorizing us to obtain 

your information from payroll data 

providers. 

(1) We will reduce your reporting 

responsibilities as described in 

paragraphs (a)(4) and (a)(5) of this 

section if we have your authorization to 

obtain wage and employment 

information from a payroll data provider 

(see § 404.703), and we receive your 

wage and employment information from 

your employer(s) through a participating 

payroll data provider (see § 404.702). 

(2) We will notify you in writing 

whenever there is a change in your 

reporting responsibilities relating to the 

authorization described in § 404.703. 

When we tell you about changes in your 

reporting responsibilities, we will also 

tell you whether you may be subject to 

a penalty of nonpayment of benefits (see 

§ 404.459) related to information we 

receive from a participating payroll data 

provider. You are always required to 

submit any changes described in 

paragraphs (a)(1), (a)(2), and (a)(3) of 

this section. 

(3) When your reporting requirements 

will change— 

(i) If we have your authorization to 

obtain wage and employment 

information from a payroll data provider 

(see § 404.703), and we receive your 

wage and employment information from 

your employer through a participating 

payroll data provider, you will not have 

to report when your earnings from that 

employer increase. 

(ii) If we have your authorization to 

obtain wage and employment 

information from a payroll data provider 

(see § 404.703), but we do not receive 

your wage and employment information 

from your employer through a 

participating payroll data provider, we 

will not reduce your reporting 

responsibilities. 

(iii) If we have your authorization to 

obtain wage and employment 

information from a payroll data provider 

(see § 404.703) and you have more than 

one employer, 

(A) you do not need to report when 

your earnings increase for an employer 

if we receive your wage and 

employment information for that 

employer through a participating 

payroll data provider, and 

(B) you must still report when your 

earnings increase for an employer if we 

do not receive your wage and 

employment information for that 

employer through a participating 

payroll data provider. 

(4) You may revoke your 

authorization at any time, but you must 

do so in writing. We will apply the 

revocation to all pending or approved 

disability claims under this title, as well 

as all pending or approved claims under 

title XVI, from the time we process your 

revocation. If you revoke your 

authorization, all your reporting 

responsibilities will resume, and you 

will again be subject to all related 

penalties. We will notify you in writing 

of these changes. 

(c) Our responsibility when you report 

your work to us. When you or your 

representative report changes in your 

work activity to us under paragraphs 

(a)(2), (a)(3), (a)(4), and (a)(5) of this 

section, we will issue a receipt to you 

or your representative. 

Part 416—SUPPLEMENTAL SECURITY 

INCOME FOR THE AGED, BLIND, AND 

DISABLED 

Subpart G—Reports Required 

■ 6. The authority citation for subpart G 

of part 416 is revised to read as follows: 

Authority: 42 U.S.C. 902(a)(5), 1320a–8a, 

1320e–3, 1382, 1382a, 1382b, 1382c, and 

1383; sec. 211, Pub. L. 93–66, 87 Stat. 154 (42 

U.S.C. 1382 note); sec. 202, Pub. L. 108–203, 

118 Stat. 509 (42 U.S.C. 902 note). 

■ 7. Amend § 416.701 by revising the 

third sentence of paragraph (a) to read 

as follows: 

§ 416.701 Scope of subpart. 

(a) * * * This subpart tells you what 

events you must report; what your 

reports must include; when reports are 

due; and when certain reporting 

requirements, and penalties relating to 

reporting requirements, do not apply. 

* * * 

* * * * * 

■ 8. Amend 416.702 by adding, in 

alphabetical order, the definitions of 

‘‘Participating payroll data provider’’ 

and ‘‘Payroll data provider’’ to read as 

follows: 

§ 416.702 Definitions. 

* * * * * 

Participating payroll data provider 

means a payroll data provider that has 

established an information exchange 

with us to provide wage and 

employment information. 


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Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Proposed Rules 11787 

Payroll data provider means payroll 

providers, wage verification companies, 

and other commercial or noncommercial entities that collect and 

maintain information regarding 

employment and wages. 

* * * * * 

■ 9. Amend § 416.708 by revising 

paragraph (c) to read as follows: 

§ 416.708 What you must report. 

* * * * * 

(c) A change in income. Unless the 

circumstances in § 416.709(a) and (c) 

apply, you must report to us any 

increase or decrease in your income and 

any increase or decrease in the income 

of— 

(1) Your ineligible spouse who lives 

with you; 

(2) Your essential person; 

(3) Your parent, if you are an eligible 

child and your parent lives with you; or 

(4) An ineligible child who lives with 

you. 

However, you need not report an 

increase in your Social Security benefits 

if the increase is only a cost-of-living 

adjustment. (For a complete discussion 

of what we consider income, see subpart 

K of this part. See § 416.1323 regarding 

suspension because of excess income.) If 

you receive benefits based on disability, 

when you or your representative report 

changes in your earned income, we will 

issue a receipt to you or your 

representative. 

* * * * * 

■ 10. Add § 416.709 to read as follows: 

§ 416.709 Reduced reporting requirements 

when you authorize us to obtain your 

information from payroll data providers. 

(a) Authorization to obtain data from 

a payroll data provider. We will ask you 

for written authorization to obtain 

information about you from a payroll 

data provider whenever we determine 

the information is needed in connection 

with a determination of initial or 

ongoing eligibility for benefits. 

(b) Scope and duration. When we ask 

for your authorization, we will explain 

the authorization’s scope and duration. 

(1) We will explain to you that we 

will use information obtained from a 

payroll data provider, when it is 

needed, in connection with a 

determination of eligibility or the 

amount of benefits under this title, or 

for the initial or ongoing entitlement to 

disability benefits under title II of the 

Social Security Act, and to prevent 

improper payments. We will explain to 

you that we may also use the 

authorization to obtain wage and 

employment information from a payroll 

data provider for claims associated with 

the claim filed, such as an SSI claim by 

a spouse or child. We will also explain 

that we may use and disclose your 

information consistent with applicable 

Federal law (see part 401 of this 

chapter) and any privacy notices we 

provide to you. 

(2) We will also inform you that your 

authorization will remain effective until 

the earliest of one of the following 

occurrences: (A) you revoke your 

authorization in writing (see paragraph 

(c)(4) of this section); (B) we have 

terminated all eligibility for benefits and 

you have no other claims or appeals 

pending under this title, and the period 

for appealing the determination or 

decision terminating entitlement has 

lapsed; (C) there has been an adverse 

determination or decision on your 

claim, you have no other claims or 

appeals pending under this title, and the 

period for appealing the determination 

or decision terminating eligibility has 

lapsed; or (D) your deeming relationship 

ends. 

(c) When reporting requirements will 

change. We will notify you in writing 

whenever there is a change in your 

reporting responsibilities relating to the 

authorization described in paragraph (a) 

of this section. When we tell you about 

changes in your reporting 

responsibilities, we will also tell you 

whether you may be subject to a penalty 

of ineligibility for cash benefits (see 

§ 416.1340) related to information we 

receive from a participating payroll data 

provider. We will also tell you when we 

will find good cause, under section 

416.732, for a failure or delay in 

reporting a change in employer. 

(1) If we have your authorization to 

obtain wage and employment 

information from a payroll data provider 

as described in paragraph (a) of this 

section, and we receive your wage and 

employment information from your 

employer(s) through a participating 

payroll data provider, you will not have 

to report changes in your wages paid in 

cash, as defined in § 416.1110(a), from 

that employer(s). Also, you will not 

have to report an increase in the amount 

of work from that employer or an 

increase in earnings from that employer, 

as described in § 416.988(a)(4) and 

(a)(5). All other reporting requirements 

still apply. 

(2) If we have your authorization to 

obtain wage and employment 

information from a payroll data provider 

as described in paragraph (a) of this 

section, but we do not receive your 

wage and employment information from 

your employer(s) through a participating 

payroll data provider, we will not 

reduce your reporting responsibilities. 

(3) If we have your authorization to 

obtain wage and employment 

information from a payroll data provider 

as described in paragraph (a) of this 

section, and you have more than one 

employer, 

(i) you do not need to report wages 

paid in cash for an employer if we 

receive your wage and employment 

information for that employer through a 

participating payroll data provider, and 

(ii) you must still report wages paid 

in cash for an employer if we do not 

receive your wage and employment 

information for that employer through a 

participating payroll data provider. 

(4) You may revoke your 

authorization at any time, but you must 

do so in writing. We will apply the 

revocation to all pending or approved 

claims under this title as well as all 

pending or approved disability claims 

under title II from the time we process 

your revocation. If you revoke your 

authorization, all your reporting 

responsibilities will resume; you will 

again be subject to all related penalties; 

and we may not find good cause, under 

§ 416.732, for a failure to report timely 

a change in employer. We will notify 

you in writing of these changes. 

Subpart I—Determining Disability and 

Blindness 

■ 11. The authority citation for subpart 

I of part 416 is revised to read as 

follows: 

Authority: 42 U.S.C. 421(m), 902(a)(5), 

1382, 1382c, 1382h, 1383, and 1383b; secs. 

4(c) and 5, 6(c)–(e), 14(a), and 15, Pub. L. 98– 

460, 98 Stat. 1794, 1801, 1802, and 1808 (42 

U.S.C. 421 note, 423 note, and 1382h note). 

■ 12. Revise § 416.988to read as follows: 

§ 416.988 Your responsibility to tell us of 

events that may change your disability or 

blindness status. 

(a) If you are entitled to payments 

because you are disabled or blind, you 

should promptly tell us if— 

(1) Your condition improves; 

(2) You return to work; 

(3) You have a new employer; 

(4) You increase the amount of your 

work; or 

(5) Your earnings increase. 

(b) If we have your authorization to 

obtain wage and employment 

information (see § 416.709(a)) from a 

payroll data provider (see § 416.702), 

and we receive your wage and 

employment information from your 

employer(s) through a participating 

payroll data provider, your reporting 

requirements under paragraphs (a)(4) 

and (a)(5) will be reduced as described 

in § 416.709(c). 


khammond on DSKJM1Z7X2PROD with PROPOSALS
11788 Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Proposed Rules 

PART 422—ORGANIZATION AND 

FUNCTIONS OF THE SOCIAL 

SECURITY ADMINISTRATION 

Subpart B—General Procedures 

■ 13. The authority citation for subpart 

B of part 422 is revised to read as 

follows: 

Authority: 42 U.S.C. 405, 432, 902(a)(5), 

1320b–1, 1320b–13, and 1320e–3, and sec. 

7213(a)(1)(A) of Pub. L. 108–458. 

■ 14. Add § 422.150 to read as follows: 

§ 422.150 Guidelines for Establishing and 

Maintaining an Information Exchange with 

Payroll Data Providers 

(a) Guidelines for Establishing an 

Information Exchange with Payroll Data 

Providers. In establishing an 

information exchange under section 

1184 of the Social Security Act, we will 

do the following: 

(1) Identify the payroll data providers 

(as defined in §§ 404.702 and 416.702 of 

this chapter) that may be interested in 

participating in an information 

exchange with us. 

(2) Review the payroll data providers 

and consider factors such as: whether a 

payroll data provider is able and willing 

to engage in an information exchange; 

what data the payroll data provider 

could provide; whether the data from 

the payroll data provider is sufficiently 

accurate, complete, and up-to-date; and 

any conditions and limitations 

associated with our receipt of the data. 

(3) Consistent with applicable law 

and regulations, establish an 

information exchange with the selected 

payroll data provider. The arrangement 

between us and the selected payroll data 

provider will describe: 

(i) the records that will be matched; 

(ii) the procedures for the match; 

(iii) any requirements established 

related to accuracy, completeness, and 

up-to-date records; 

(iv) the procedures for ensuring the 

administrative, technical, and physical 

security of the records matched; and 

(v) such other provisions as are 

necessary. 

(4) Prior to receiving payroll data 

provider information, publish a notice 

in the Federal Register that describes 

the information exchange and the extent 

to which the information received 

through such exchange is: 

(i) relevant and necessary to: (A) 

accurately determine initial and ongoing 

entitlement to, and the amount of, 

disability benefits under title II of the 

Social Security Act; (B) accurately 

determine eligibility for, and the 

amount of, benefits under the 

Supplemental Security Income program 

under title XVI of the Social Security 

Act; and (C) prevent improper payments 

of such benefits; and 

(ii) sufficiently accurate, up-to-date, 

and complete. 

(b) Guidelines for Maintaining an 

Information Exchange with Payroll Data 

Providers. We will perform the 

following activities while we maintain 

an established information exchange 

with a payroll data provider described 

in paragraph (a): 

(1) Periodically assess whether the 

data we receive under the information 

exchange continues to be accurate, 

complete, and up-to-date; and 

(2) Monitor compliance with the 

requirements of the information 

exchange described in paragraph (a)(3). 

[FR Doc. 2024–02961 Filed 2–14–24; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 656 

[Docket No. ETA–2023–0006] 

RIN 1205–AC16 

Labor Certification for Permanent 

Employment of Foreign Workers in the 

United States; Modernizing Schedule A 

To Include Consideration of Additional 

Occupations in Science, Technology, 

Engineering, and Mathematics (STEM) 

and Non-STEM Occupations 

AGENCY: Employment and Training 

Administration (ETA), Labor. 

ACTION: Request for information; 

extension of public comment period. 

SUMMARY: On December 21, 2023, ETA 

published a Request for Information 

(RFI), titled ‘‘Labor Certification for 

Permanent Employment of Foreign 

Workers in the United States; 

Modernizing Schedule A To Include 

Consideration of Additional 

Occupations in Science, Technology, 

Engineering, and Mathematics (STEM) 

and Non-STEM Occupations.’’ The 

period for submitting public comments 

is being extended to May 13, 2024, to 

allow stakeholders additional time to 

comment. 

DATES: The comment period for the RFI 

published in the Federal Register on 

December 21, 2023 (88 FR 88290), is 

extended. Submit comments to the RFI 

and other information by May 13, 2024. 

ADDRESSES: You may submit written 

comments electronically by the 

following method: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions on the website for 

submitting comments. 

• Instructions: Include the docket 

number ETA–2023–0006 in your 

comments. All comments received will 

be posted without change to https://

www.regulations.gov. Please do not 

include any personally identifiable or 

confidential business information you 

do not want publicly disclosed. 

FOR FURTHER INFORMATION CONTACT: 

Brian Pasternak, Administrator, Office 

of Foreign Labor Certification, 

Employment and Training 

Administration, Department of Labor, 

200 Constitution Avenue NW, N–5311, 

Washington, DC 20210; Telephone (202) 

513–7350 (this is not a toll-free 

number). For persons with a hearing or 

speech disability who need assistance to 

use the telephone system, please dial 

711 to access telecommunications relay 

services. 

SUPPLEMENTARY INFORMATION: On 

December 21, 2023, ETA published an 

RFI titled, ‘‘Labor Certification for 

Permanent Employment of Foreign 

Workers in the United States; 

Modernizing Schedule A To Include 

Consideration of Additional 

Occupations in Science, Technology, 

Engineering, and Mathematics (STEM) 

and Non-STEM Occupations.’’ 88 FR 

88290. In the RFI, ETA invited public 

comment on ‘‘evaluating the utility of 

expanding Schedule A to include STEM 

occupations, the Department invites the 

public to provide input on the 

appropriate data sources and methods 

for determining whether labor shortages 

exist, whether Schedule A should be 

used to alleviate any labor shortages in 

STEM occupations should it be 

determined from these data sources and 

methods that such shortages exist, and 

if so, how the Department could 

establish a reliable, objective, and 

transparent methodology for identifying 

STEM occupations that are experiencing 

labor shortages.’’ The RFI further invited 

the public to answer a number of 

questions in their responses that would 

assist ETA in making this evaluation. 

The public comment period for this 

RFI was to conclude on February 20, 

2024, 60 days after publication of the 

RFI. To date, ETA has received a very 

limited number of comments, many of 

which do not provide the information 

requested or address the questions 

raised in the RFI. In addition, ETA 

received a request from a stakeholder for 

an extension of the public comment 

period (Document ID ETA–2023–0006– 

0035). ETA agrees to an extension of the 

public comment period and believes 

that an extension until May 13, 2024, is 

sufficient and appropriate to balance the 


khammond on DSKJM1Z7X2PROD with PROPOSALS