[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Proposed Rules]
[Pages 45110-45111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21496]



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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 416

[Regulations No. 16]
RIN 0960-AD90


Evidence of Lawful Admission for Permanent Residence in the 
United States (U.S.)

AGENCY: Social Security Administration.

ACTION: Proposed rule.

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SUMMARY: This proposed regulation sets forth the type of documentation 
required for an alien to establish the status of lawfully admitted for 
permanent residence for eligibility purposes under the Supplemental 
Security Income (SSI) program. The Immigration and Naturalization 
Service (INS), the Agency responsible for determining alien status and 
issuing documents certifying alien status in the U.S., is changing its 
policy with regard to what constitutes definitive evidence of lawful 
permanent resident alien status. In this proposed SSI regulation, we 
are removing references to specific INS form numbers and substituting a 
general reference to an Alien Registration Receipt Card issued under 
current INS regulations. Thus, SSA's regulations will be broad enough 
not only to be consistent with the new INS policy when it becomes 
operational, but also to accommodate future INS regulatory changes 
regarding acceptable documentary evidence of lawful permanent resident 
alien status. In the future, SSA will not have to revise its 
regulations to conform to changes in INS policy unless the form name 
changes. Historically, the form name has remained the same.

DATES: To be sure that your comments are considered, we must receive 
them no later than October 30, 1995.

ADDRESSES: Comments should be submitted in writing to the Commissioner 
of Social Security, P.O. Box 1585, Baltimore, MD 21235, sent by telefax 
to (410) 966-2830, sent by E-Mail to ``[email protected],'' or 
delivered to the Division of Regulations and Rulings, Social Security 
Administration, 3-B-1 Operations Building, 6401 Security Boulevard, 
Baltimore, MD 21235, between 8:00 a.m. and 4:30 p.m. on regular 
business days. Comments received may be inspected during these same 
hours by making arrangements with the contact person shown below. If 
you have any comments or suggestions on the estimate shown for the 
Paperwork Reduction Act, write to the Social Security Administration, 
ATTN: Reports Clearance Officer, 1-A-21 Operations Building, Baltimore, 
MD 21235, and to the Office of Management and Budget, Paperwork 
Reduction Project (0960-0451), Washington, D.C. 20503.
    The electronic file of this document is available on the Federal 
Bulletin Board (FBB) at 9 a.m. on the date of publication in the 
Federal Register. To download the file, modem dial (202) 512-1387. The 
FBB instructions will explain how to download the file and the fee. 
This file is in WordPerfect and will remain on the FBB during the 
comment period.

FOR FURTHER INFORMATION CONTACT: Lois Berg, Legal Assistant, Division 
of Regulations and Rulings, Social Security Administration, 6401 
Security Boulevard, Baltimore, MD 21235, (410) 965-1713.

SUPPLEMENTARY INFORMATION: To be eligible for SSI benefits, an 
individual must be either a citizen or national of the U.S. or an alien 
lawfully admitted for permanent residence or otherwise permanently 
residing in the U.S. under color of law. Our regulation at 
Sec. 416.1615(a)(1) sets forth the types of alien registration 
documents issued by INS which constitute valid evidence of lawful 
permanent residence status.
    INS is responsible for determining alien status and issuing 
documents certifying alien status within the U.S. INS does, when 
necessary, revise its regulations specifying acceptable documentation 
of alien status.
    Aliens who are lawfully admitted for permanent residence and who 
apply for SSI benefits are required to submit evidence of lawful 
permanent residence status to be eligible for benefits. Such evidence 
must be a valid document issued by INS under current INS policy.
    On September 20, 1993, INS published a final rule at 58 FR 48775 to 
terminate the validity of several older versions of the Alien 
Registration Receipt Card and to establish the Alien Registration 
Receipt Card, I-551, as the exclusive alien registration card for the 
use of permanent resident aliens. This INS rule originally was to have 
been effective on September 20, 1994. However, INS subsequently 
published two notices in the Federal Register (on September 14, 1994 at 
59 FR 47063 and on March 17, 1995 at 60 FR 14353, to delay the 
effective date of this rule. The rule is now scheduled to become 
effective on March 20, 1996. As a result of the INS regulatory change, 
lawful permanent resident aliens must replace previously issued 
obsolete forms, such as the I-151, AR-3, AR-3a and AR-103, with the 
current Alien Registration Receipt Card, Form I-551 by March 20, 1996.
    SSA's current regulation on evidence of lawful permanent resident 
status specifies the form numbers of all currently acceptable versions 
of the INS Alien Registration Receipt Card. Thus, any INS policy which 
changes acceptable documentation of alien status, such as the change 
presently effective March 20, 1996, requires SSA to revise its 
regulation to conform to those changes. We want to ensure that our 
regulation not only reflects current INS policy on alien status 
documentation but is broad enough to encompass changes INS might make 
in the future.
    Therefore, in this proposed regulation, we are removing references 
in Sec. 416.1615(a)(1) to specific INS form numbers which will be 
obsolete as of the effective date of INS' new regulatory change, and 
substituting a single reference to the Alien Registration Receipt Card 
issued under current INS regulations. As revised, our regulation simply 
indicates that the individual must submit an Alien Registration Receipt 
Card which is issued by INS in accordance with that Agency's current 
regulations.

Regulatory Procedures

Regulatory Flexibility Act

    We certify that this proposed regulation will not have a 
significant economic impact on a substantial number of small entities 
because it only affects individuals who claim benefits under title XVI 
of the Social Security Act. Therefore, a regulatory flexibility 
analysis as provided in Pub. L. 96-354, the Regulatory Flexibility Act, 
is not required.

Executive Order 12866

    We have consulted with the Office of Management and Budget (OMB) 
and determined that this proposed rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866. Thus, it was 
not subject to OMB review. 

[[Page 45111]]


Paperwork Reduction Act

    This proposed regulation revises paragraph (a)(1) of Sec. 416.1615. 
Section 416.1615 of the regulations contains reporting requirements. We 
would normally seek approval of these requirements (under the Paperwork 
Reduction Act) from OMB. We are not doing so because we already have 
clearance from OMB to collect this information under OMB No. 0960-0451.
    Public reporting burden for this collection of information is 
estimated to average 5 minutes per response. This includes the time it 
will take to read the instructions, gather the necessary facts, and 
provide the information. We expect approximately 234,800 claimants per 
year will be responding, and estimate the total burden to be 19,567 
hours. If you have any comments or suggestions on this estimate, see 
the Addresses section of this document.


(Catalog of Federal Domestic Assistance Program No. 96.006, 
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.


    Dated: August 23, 1995.

Shirley S. Chater,
Commissioner of Social Security.
    For the reasons set forth in the preamble, subpart P of part 416 of 
chapter III of title 20 of the Code of Federal Regulations is amended 
as set forth below.

PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND AND 
DISABLED

    1. The authority citation for subpart P of part 416 is revised to 
read as follows:

    Authority: Secs. 702(a)(5), 1614 (a)(1)(B) and (e), and 1631 of 
the Social Security Act; 42 U.S.C. 902(a)(5), 1382c (a)(1)(B) and 
(e), and 1383; sec. 502 of Pub. L. 94-241, 90 Stat. 268; sec. 302 of 
Pub. L. 101-649, 104 Stat. 4978.


    2. Section 416.1615 is amended by revising paragraph (a)(1) to read 
as follows:


Sec. 416.1615  How to prove you are lawfully admitted for permanent 
residence in the United States.

    (a) * * *
    (1) An Alien Registration Receipt Card issued by the Immigration 
and Naturalization Service (INS) in accordance with that Agency's 
current regulations;
* * * * *
[FR Doc. 95-21496 Filed 8-29-95; 8:45 am]
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