[Federal Register Volume 59, Number 155 (Friday, August 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19711]


[[Page Unknown]]

[Federal Register: August 12, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Social Security Administration

20 CFR Part 416

[Reg. No. 16]
RIN 0960-AD81

 

Supplemental Security Income for the Aged, Blind, and Disabled; 
Eligibility for Children of Armed Forces Personnel Residing Outside the 
United States Other Than in Foreign Countries

AGENCY: Social Security Administration, HHS.

ACTION: Final rule.

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SUMMARY: This final rule reflects the provisions of section 13734 of 
the Omnibus Budget Reconciliation Act of 1993, Public Law (Pub. L.) 
103-66, which amended section 1614(a)(1)(B)(ii) of the Social Security 
Act (the Act). Effective November 1, 1993, these provisions remove the 
restriction that children of armed forces personnel stationed in Puerto 
Rico or the territories or possessions of the United States may not 
continue to be eligible for supplemental security income (SSI) benefits 
while living outside the United States.

EFFECTIVE DATES: This rule is effective on August 12, 1994.

FOR FURTHER INFORMATION CONTACT:
Regarding this Federal Register document--Henry D. Lerner, Legal 
Assistant, Office of Regulations, Social Security Administration, 6401 
Security Boulevard, Baltimore, MD 21235, (410) 965-1762; regarding 
eligibility or filing for benefits--our national toll-free number, 1-
800-772-1213.

SUPPLEMENTARY INFORMATION: This regulation reflects the provisions of 
section 13734 of the Omnibus Budget Reconciliation Act of 1993, Pub. L. 
103-66, which amended section 1614(a)(1)(B)(ii) of the Act. Effective 
November 1, 1993, section 1614(a)(1)(B)(ii) provides that SSI benefits 
may continue to be paid to blind or disabled children who are United 
States citizens and accompany their military parent(s) to assignments 
in Puerto Rico or the territories or possessions of the United States, 
if the children were eligible for SSI benefits for the month before the 
parent reported for duty overseas. Section 13734 expands coverage to 
blind or disabled children whose military parents are assigned to 
permanent duty ashore anywhere outside the United States. Prior 
legislation (sec. 8009 of Pub. L. 101-239) and implementing regulations 
allowed the continuation of SSI payments to children whose parents were 
stationed in foreign countries as of April 1990, but did not permit the 
continuation of SSI payments to the children of military parents who 
were based in Puerto Rico or the United States territories or 
possessions.
    We are amending Sec. 416.215 to reflect that eligibility for SSI 
benefits may continue for a child living outside the United States when 
the child:
     Is a citizen of the United States;
     Is living with a parent who is a member of the armed 
forces of the United States assigned to permanent duty ashore outside 
the United States; and
     Was eligible for an SSI benefit (including any federally 
administered State supplementary payment) for the month before the 
parent reported for such duty.

Regulatory Procedures

    The Department, even when not required by statute, as a matter of 
policy generally follows the Administrative Procedure Act (APA) notice 
of proposed rulemaking (NPRM) and public comment procedures specified 
in 5 U.S.C. 553 in the development of its regulations. The APA provides 
exceptions to its notice and public comment procedures when an agency 
finds there is good cause for dispensing with such procedures on the 
basis that they are impracticable, unnecessary, or contrary to the 
public interest. We have determined that, under 5 U.S.C. 553(b)(B), 
good cause exists for dispensing with the NPRM and public comment 
procedures in this case. Good cause exists because this regulation is 
of a technical nature and involves no discretionary policy. Therefore, 
opportunity for prior comment is unnecessary, and we are issuing these 
changes to our regulations as a final rule.

Executive Order 12866

    This final rule does not meet the criteria for a significant 
regulatory action under section 3(f) of Executive Order (E.O.) 12866 
and, thus, is not subject to Office of Management and Budget (OMB) 
review under E.O. 12866.

Paperwork Reduction Act of 1980

    This regulation imposes no new reporting or recordkeeping 
requirements subject to OMB clearance.

Regulatory Flexibility Act

    We certify that this regulation, if promulgated, will not have a 
significant economic impact on a substantial number of small entities 
because it affects only individuals. Therefore, a regulatory 
flexibility analysis as provided in Pub. L. 96-354, the Regulatory 
Flexibility Act, is not required.

(Catalog of Federal Domestic Assistance Program No. 93.807, 
Supplemental Security Income)

List of Subjects in 20 CFR Part 416

    Administrative practice and procedure, Aged, Blind, Disability 
benefits, Public assistance programs, Reporting and recordkeeping 
requirements, Supplemental Security Income (SSI).

    Dated: June 27, 1994.
Shirley Chater,
Commissioner of Social Security.
    Approved: August 5, 1994.
Donna E. Shalala,
Secretary of Health and Human Services.

    Part 416 of Chapter III of title 20 of the Code of Federal 
Regulations is amended as follows:
    1. The authority citation for subpart B of part 416 continues to 
read as follows:

    Authority: Secs. 1102, 1110(b), 1602, 1611, 1614, 1615(c), 
1619(a), 1631, and 1634 of the Social Security Act; 42 U.S.C. 1302, 
1310(b), 1381a, 1382, 1382c, 1382d(c), 1382h(a), 1383, and 1383c; 
sec. 211 and 212 of Pub. L. 93-66, 87 Stat. 154 and 155; sec. 502(a) 
of Pub. L. 94-241, 90 Stat. 268; sec. 2 of Pub. L. 99-643, 100 Stat. 
3574.

    2. Section 416.215 is amended by revising paragraph (a) to read as 
follows:


Sec. 416.215  You are a child of armed forces personnel living 
overseas.

    (a) General rule. You may be eligible for continuation of SSI 
benefits if you live overseas and if--
    (1) You are a child as described in Sec. 416.1856;
    (2) You are a citizen of the United States;
    (3) You are living with a parent as described in Sec. 416.1881 who 
is a member of the armed forces of the United States assigned to 
permanent duty ashore outside the United States; and
    (4) You were eligible for an SSI benefit (including any federally 
administered State supplementary payment) for the month before your 
parent reported for such duty.
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[FR Doc. 94-19711 Filed 8-11-94; 8:45 am]
BILLING CODE 4190-29-M