View Rule

Section 814 of the BBA clarifies that electronic and internet communications are included in the prohibitions against misusing SSA’s names, symbols and emblems to convey the false impression that such items are approved, endorsed, or authorized by SSA, as stated in Section 1140 of the Social Security Act. In addition, it treats each dissemination, viewing, or accessing of a communication as a separate violation.

Statement of Need:

Section 814 of the BBA took effect upon enactment. However, our regulations do not currently reflect this statutory change. Imposing penalties against individuals in a position of trust assists in deterring fraud and maintaining the integrity of SSA’s disability programs. The regulations at 20 CFR 498 should be updated to reflect the BBA’s provisions.

Summary of the Legal Basis:

The legal basis for this action is section 814 of the Bipartisan Budget Act of 2015, which went into effect on November 2, 2015.

42 U.S.C. 1320b-10

Alternatives:

None

Anticipated Costs and Benefits:

There are no anticipated costs associated with this regulatory action. However, the benefit of this regulatory action is that it will clarify the applicability of section 1140 to electronic and internet communications and minimize unnecessary litigation as to the applicability of the section 1140 statute.

Risks:

None.