[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Proposed Rules]
[Pages 17609-17610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9676]



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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 416

[Regulations No. 16]
RIN 0960-AE05


Definition of United States (U.S.) Resident; Religious Record of 
Birth or Baptism as Evidence of Citizenship; Plan to Help Blind and 
Disabled Individuals Achieve Self-Support

AGENCY: Social Security Administration (SSA).

ACTION: Proposed rules.

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SUMMARY: These proposed regulations clarify SSA's policies on the 
definition of a U.S. resident and the acceptable types of evidence for 
proving status as a U.S. citizen or national. They clarify that, for 
purposes of the Supplemental Security Income (SSI) program, ``resident 
of the U.S.'' means the individual has established an actual dwelling 
place in the U.S. and plans to continue living in the U.S. These 
proposed regulations also clarify that, for purposes of the SSI 
program, a religious record of a birth or baptism in the U.S. must have 
been recorded in the U.S. within 3 months of the birth, in addition to 
showing that the individual was born in the U.S., in order to be 
acceptable evidence that the individual is a U.S. citizen or a national 
of the U.S. In addition, these proposed regulations make a minor 
technical correction to clarify wording regarding income that is used 
or set aside to be used under a plan to become self-supporting.

DATES: To be sure that your comments are considered, we must receive 
them no later than June 21, 1996.

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.

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:

Background

    To be eligible for SSI benefits, an individual must be a resident 
of the U.S. (one of the 50 States, the District of Columbia, or the 
Northern Mariana Islands). Generally, a person becomes a resident when 
he or she arrives in the U.S., establishes an actual dwelling place in 
the U.S., and plans to continue living in the U.S.
    Our regulation at Sec. 416.1603(b) currently defines ``resident of 
the U.S.'' as ``a person who is living within the geographical limits 
of the United States.'' This definition is vague because it implies 
that mere presence, such as that of a visitor, is sufficient to 
establish residency. In addition, it does not fully support the 
evidence of residency documents required to establish U.S. residency 
listed in Sec. 416.1603(a).
    Our proposed regulation specifies that an individual must establish 
an actual dwelling place in the U.S. and intend to continue living in 
the U.S. to be considered a U.S. resident. Clarification of this 
regulation is necessary to address problems that have arisen where 
individuals have established U.S. residency under current regulations, 
but do not intend to live in the U.S.
    In evaluating evidence of residency for SSI purposes, the term 
``actual dwelling place'' will encompass different types of living 
situations

[[Page 17610]]

including the situation of a homeless individual.
    Another requirement for eligibility for SSI benefits is that 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. Section 416.1610 of the 
regulations lists the various types of evidence that an individual can 
submit as proof that he or she is a citizen or national. Among the 
acceptable types of evidence for a U.S. citizen or national is a 
religious record of birth or baptism which shows the individual was 
born in the U.S. However, Sec. 416.1610(a)(2) currently does not 
specify that the place of recordation must be in the U.S., nor does it 
set any time limits on when the record must have been established.
    Prior SSA studies have shown that religious records of birth or 
baptism recorded in the U.S. within 3 months of birth are generally 
reliable. Records made after 3 months of birth are more prone to fraud. 
While not a foolproof fraud deterrent, this proposed regulation will 
help to limit fraud by lessening the chance of an individual later 
coming into the U.S. and using a fraudulent record to obtain SSI 
benefits.

Explanation of Revisions

    We propose to revise Sec. 416.1603(b) to define precisely what we 
mean by ``living within the geographical limits of the United States'' 
and to reflect the evidence required by Sec. 416.1603(a). We also 
propose to revise Sec. 416.1610(a)(2) to specify that, in addition to 
showing that the individual was born in the U.S., a religious record of 
birth or baptism must have been recorded in the U.S. within 3 months of 
birth.
    In addition, we propose making a minor technical correction to the 
wording of the second sentence in Sec. 416.1180 concerning income that 
is used or set aside to be used under a plan to become self-supporting 
to correct a typographical error.

Electronic Versions

    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.

Regulatory Procedures

Regulatory Flexibility Act

    We certify that these proposed regulations will not have a 
significant economic impact on a substantial number of small entities 
because they only affect individuals who claim benefits under title XVI 
of the Social Security Act. Therefore, a regulatory flexibility 
analysis as provided in Public Law 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 these proposed regulations do not meet the criteria 
for a significant regulatory action under Executive Order 12866. Thus, 
they were not subject to OMB review.

Paperwork Reduction Act

    These proposed regulations impose no reporting/recordkeeping 
requirements necessitating clearance by OMB.

(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: April 4, 1996.
Shirley S. Chater,
Commissioner of Social Security.

    For the reasons set forth in the preamble, we are proposing to 
amend subparts K and P of part 416 of chapter III of title 20 of the 
Code of Federal Regulations as set forth below.

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

Subpart K--[Amended]

    1. The authority citation for subpart K of part 416 continues to 
read as follows:

    Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f), 
1621, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5), 
1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, and 1383); sec. 211, 
Pub. L. 93-66, 87 Stat 154 (42 U.S.C. 1382 note).

    2. Section 416.1180 is amended by revising the second sentence to 
read as follows:


Sec. 416.1180  General.

    * * * If you are blind or disabled, we will pay you SSI benefits 
and will not count the part of your income that you use or set aside to 
use under a plan to become self-supporting.* * *

Subpart P--[Amended]

    3. The authority citation for subpart P of part 416 continues 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); 8 U.S.C. 1254a; sec. 502, Pub. L. 94-241, 90 Stat. 
268 (48 U.S.C. 1681 note).

    4. Section 416.1603 is amended by revising paragraph (b) to read as 
follows:


Sec. 416.1603  How to prove you are a resident of the United States.

* * * * *
    (b) What ``resident of the United States'' means. We use the term 
``resident of the United States'' to mean a person who has established 
an actual dwelling place within the geographical limits of the United 
States with the intent to continue to live in the United States.
* * * * *
    3. Section 416.1610 is amended by revising paragraph (a)(2) to read 
as follows:


Sec. 416.1610  How to prove you are a citizen or a national of the 
United States.

    (a) * * *
    (2) A certified copy of a religious record of your birth or 
baptism, recorded in the United States within 3 months of your birth, 
which shows you were born in the United States;
* * * * *
[FR Doc. 96-9676 Filed 4-19-96; 8:45 am]
BILLING CODE 4190-29-P