[Federal Register Volume 62, Number 109 (Friday, June 6, 1997)]
[Rules and Regulations]
[Pages 30980-30984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14615]


=======================================================================
-----------------------------------------------------------------------

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 416

RIN 0960-AD89


Supplemental Security Income for the Aged, Blind, and Disabled; 
Technical Changes to Title XVI

AGENCY: Social Security Administration.

ACTION: Final rules.

-----------------------------------------------------------------------

SUMMARY: We are amending the supplemental security income (SSI) 
regulations by making technical changes to our rules on income and 
resources. These technical changes update lists of exclusions from 
income and resources under the SSI program that are in statutes other 
than the Social Security Act (the Act) and make an additional technical 
correction. We are also reflecting a statutory provision from the 
Social Security Independence and Program Improvements Act (SSIPIA) of 
1994 concerning optional State supplementary payments.

EFFECTIVE DATE: July 7, 1997.

FOR FURTHER INFORMATION CONTACT: Suzanne DiMarino, 3-A-3 Operations 
Building, 6401 Security Boulevard, Baltimore, MD 21235, (410) 965-1769.

SUPPLEMENTARY INFORMATION: In these final regulations we are making 
technical changes to the SSI regulations as follows: Updating the 
appendix at the end of subpart K which lists exclusions from income in 
statutes other than the Act; updating the lists of statutory exclusions 
from resources contained in subpart L; and making a technical 
correction in subpart L for conformity with prior regulatory changes. 
In addition, we are reflecting, in subpart T, a statutory provision 
which explains that some States which have Federal administration of 
their optional supplementary payments may elect to exclude for pass-
along compliance purposes certain payments made as a result of the 
Sullivan v. Zebley, 493 U.S. 521 (1990) class action. The changes and 
added provision are described below.

Subpart K, Appendix, Changes

    At the end of part 416, subpart K, we maintain an appendix which 
lists types of income excluded under the SSI program as provided by 
Federal laws other than the Act. We update this list periodically. 
However, we apply the law in effect due to changes to Federal statutes 
whether or not the list in the appendix has been amended to reflect the 
statutory changes. We are revising the appendix to subpart K as 
follows:
    1. Under the heading IV. Native Americans, we are updating the list 
to reflect the exclusion from income for SSI purposes of additional 
payments, funds, distributions, and other income provided by Federal 
laws that affect Alaskan Natives and other Indian entities. As 
appropriate, we include a Note-- regarding our treatment of the income 
under the deeming of income from sponsors to aliens provisions.
    We are adding 22 types of payments made to Native American entities 
to the list of income exclusions provided by Federal statutes. We also 
are making

[[Page 30981]]

some minor clarifications, such as correcting statutory citations or 
renumbering, for some of the exclusions already listed in section IV.
    We are dividing the list of Native American exclusions into three 
subsections for ease of reference. The first group, in paragraph (a), 
lists types of payments that are excluded from income without regard to 
specific tribes or Indian groups. These include payments of certain 
Indian judgment funds; per capita distributions of all funds held in 
trust by the Secretary of the Interior; payments excluded pursuant to 
the Alaska Native Claims Settlement Act; and payments up to $2,000 each 
year received by certain Native Americans that are derived from 
individual interests in trust or restricted lands. Only the latter 
exclusion, which was provided by the Omnibus Budget Reconciliation Act 
of 1993, Public Law (Pub. L.) 103-66, is being added to the appendix. 
The other three were in the appendix, but will be renumbered and 
grouped together.
    The second group, in paragraph (b), of Native American exclusions 
lists certain payments to members of specific Native American tribes or 
groups. We are adding 21 payments to this group, and renumbering the 
exclusions already in the appendix, so that the list will be in 
chronological order by public law.
    The third group of exclusions, in paragraph (c), lists receipts 
from land held in trust for specific tribes or groups. We are not 
adding any exclusions to that list, but are renumbering them.
    2. Under the heading V. Other we are adding new paragraph (f) which 
excludes from income child care or reimbursement for child care as 
provided under the Child Care and Development Block Grant Act, as 
amended by section 8(b) of Public Law 102-586. We are also adding a new 
paragraph (g) to reflect the exclusion from income of payments made to 
individuals because of their status as victims of Nazi persecution 
pursuant to section 1(a) of the Victims of Nazi Persecution Act of 
1994, Public Law 103-286.

Subpart L Changes

    We are updating Sec. 416.1236(a), Exclusions from resources; 
provided by other statutes which lists exclusions from resources under 
the SSI program. We update the list to show that resources derived from 
the conversion of most payments to Native Americans that are types of 
income listed in the appendix to subpart K of part 416--IV. Native 
Americans, are excluded from resources under the SSI program. 
Accordingly, we are revising the resource exclusions specific to Indian 
tribes or groups to reflect the changes made in appendix K.
    We are also adding a new paragraph (a)(18) to Sec. 416.1236 to 
reflect the exclusion from resources of payments made to individuals 
because of their status as victims of Nazi persecution pursuant to 
section 1(a) of the Victims of Nazi Persecution Act of 1994, Public Law 
103-286 (108 Stat. 1450).
    Additionally, we are amending Sec. 416.1245(b)(3)(ii) to conform 
with a change to Sec. 416.1242(a) promulgated on November 15, 1993 at 
58 FR 60103. Under that regulatory change, the Social Security 
Administration's acceptance of the written agreement for conditional 
payments is effective when the applicant/recipient receives our written 
notice. Our change to Sec. 416.1245(b)(3)(ii) states that within 30 
days of receiving our notice accepting the conditional payments 
agreement (instead of within 30 days of signing the agreement), the 
applicant/recipient must take certain steps to sell his or her 
property.

Subpart T Addition

    We are amending Sec. 416.2096(c), Meeting the passalong 
requirement--total expenditures. Exception--, by adding a new paragraph 
(6) to place in regulations the statutory provision of section 209 of 
the SSIPIA of 1994 (Pub. L. 103-296). Section 209 amends section 
1618(b) of the Act. The amendment provides that for purposes of 
determining whether a State's expenditures for supplementary payments 
in the 12-month period beginning on the effective date of any increase 
in the level of SSI benefits are not less than the State's expenditures 
for the payments in the preceding 12-month period, the Commissioner of 
Social Security, in computing the State's expenditures, shall 
disregard, pursuant to a one-time election of the State, all 
expenditures by the State for retroactive supplementary payments that 
are required to be made in connection with the retroactive SSI benefits 
referred to in section 5041 of the Omnibus Budget Reconciliation Act of 
1990 (OBRA '90), Public Law 101-508. This section of OBRA '90 addresses 
only those retroactive SSI benefits paid as a result of Sullivan v. 
Zebley, 493 U.S. 521 (1990). To make clear that these regulations apply 
only to the retroactive SSI benefits as a result of Sullivan v. Zebley, 
we are including this court case reference in the regulations.

Regulatory Procedures

    When developing our regulations, we follow the rulemaking 
procedures specified in the Administrative Procedure Act (APA), 5 
U.S.C. 553. The APA provides exceptions to its notice of proposed 
rulemaking 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 notice of proposed rulemaking and public comment 
procedures in this case. Good cause exists because these rules contain 
only changes which reflect statutory exclusions of income and resources 
in statutes other than the Act and a technical change, and reflect a 
statutory provision from the SSIPIA of 1994, none of which involve the 
setting of policy. Therefore, opportunity for prior comment is 
unnecessary, and we are issuing these changes to our regulations as 
final rules.

Executive Order No. 12866

    We have consulted with the Office of Management and Budget (OMB) 
and determined that these rules do not meet the criteria for a 
significant regulatory action under Executive Order 12866. Thus, they 
were not subject to OMB review.

Regulatory Flexibility Act

    We certify that these final rules will not have a significant 
economic impact on a substantial number of small entities since these 
rules affect only individuals and States. Therefore, a regulatory 
flexibility analysis as provided in Public Law 96-354, the Regulatory 
Flexibility Act, is not required.

Paperwork Reduction Act

    These final regulations impose no additional reporting and 
recordkeeping requirements subject to OMB clearance.

(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 (SSI).

    Dated: May 27, 1997.
John J. Callahan,
Acting Commissioner of Social Security.

    For the reasons set out in the preamble, part 416 of chapter III of 
title

[[Page 30982]]

20 of the Code of Federal Regulations is amended as follows:

PART 416--[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. In the appendix following subpart K of part 416, IV. Native 
Americans is revised and in V. Other, paragraphs (f) and (g) are added 
to read as follows:

Appendix to Subpart K of Part 416--List of Types of Income Excluded 
Under the SSI Program as Provided by Federal Laws Other Than the 
Social Security Act

* * * * *

IV. Native Americans

    (a) Types of Payments Excluded Without Regard to Specific Tribes 
or Groups--
    (1) Indian judgment funds that are held in trust by the 
Secretary of the Interior or distributed per capita pursuant to a 
plan prepared by the Secretary of the Interior and not disapproved 
by a joint resolution of the Congress under Public Law 93-134 as 
amended by section 4 of Public Law 97-458 (96 Stat. 2513, 25 U.S.C. 
1408). Indian judgment funds include interest and investment income 
accrued while such funds are so held in trust. This exclusion 
extends to initial purchases made with Indian judgment funds. This 
exclusion does not apply to sales or conversions of initial 
purchases or to subsequent purchases.

    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (2) All funds held in trust by the Secretary of the Interior for 
an Indian tribe and distributed per capita to a member of that tribe 
are excluded from income under Public Law 98-64 (97 Stat. 365, 25 
U.S.C. 117b). Funds held by Alaska Native Regional and Village 
Corporations (ANRVC) are not held in trust by the Secretary of the 
Interior and therefore ANRVC dividend distributions are not excluded 
from countable income under this exclusion. For ANRVC dividend 
distributions, see paragraph IV.(a)(3) of this appendix.

    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (3) Distributions received by an individual Alaska Native or 
descendant of an Alaska Native from an Alaska Native Regional and 
Village Corporation pursuant to the Alaska Native Claims Settlement 
Act, as follows: cash, including cash dividends on stock received 
from a Native Corporation, to the extent that it does not, in the 
aggregate, exceed $2,000 per individual each year; stock, including 
stock issued or distributed by a Native Corporation as a dividend or 
distribution on stock; a partnership interest; land or an interest 
in land, including land or an interest in land received from a 
Native Corporation as a dividend or distribution on stock; and an 
interest in a settlement trust. This exclusion is pursuant to 
section 15 of the Alaska Native Claims Settlement Act Amendments of 
1987, Public Law 100-241 (101 Stat. 1812, 43 U.S.C. 1626(c)), 
effective February 3, 1988.

    Note--This exclusion does not apply in deeming income from 
sponsors to aliens.

    (4) Up to $2,000 per year received by Indians that is derived 
from individual interests in trust or restricted lands under section 
13736 of Public Law 103-66 (107 Stat. 663, 25 U.S.C. 1408, as 
amended).
    (b) Payments to Members of Specific Indian Tribes and Groups--
    (1) Per capita payments to members of the Red Lake Band of 
Chippewa Indians from the proceeds of the sale of timber and lumber 
on the Red Lake Reservation under section 3 of Public Law 85-794 (72 
Stat. 958).
    (2) Per capita distribution payments by the Blackfeet and Gros 
Ventre tribal governments to members which resulted from judgment 
funds to the tribes under section 4 of Public Law 92-254 (86 Stat. 
65) and under section 6 of Public Law 97-408 (96 Stat. 2036).
    (3) Settlement fund payments and the availability of such funds 
to members of the Hopi and Navajo Tribes under section 22 of Public 
Law 93-531 (88 Stat. 1722) as amended by Public Law 96-305 (94 Stat. 
929).
    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.
    (4) Judgment funds distributed per capita to, or held in trust 
for, members of the Sac and Fox Indian Nation, and the availability 
of such funds under section 6 of Public Law 94-189 (89 Stat. 1094).

    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (5) Judgment funds distributed per capita to, or held in trust 
for, members of the Grand River Band of Ottawa Indians, and the 
availability of such funds under section 6 of Public Law 94-540 (90 
Stat. 2504).

    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (6) Any judgment funds distributed per capita to members of the 
Confederated Tribes and Bands of the Yakima Indian Nation or the 
Apache Tribe of the Mescalero Reservation under section 2 of Public 
Law 95-433 (92 Stat. 1047, 25 U.S.C. 609c-1).
    (7) Any judgment funds distributed per capita or made available 
for programs for members of the Delaware Tribe of Indians and the 
absentee Delaware Tribe of Western Oklahoma under section 8 of 
Public Law 96-318 (94 Stat. 971).
    (8) All funds and distributions to members of the Passamaquoddy 
Tribe, the Penobscot Nation, and the Houlton Band of Maliseet 
Indians under the Maine Indian Claims Settlement Act, and the 
availability of such funds under section 9 of Public Law 96-420 (94 
Stat. 1795, 25 U.S.C. 1728(c)).

    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (9) Any distributions of judgment funds to members of the San 
Carlos Apache Indian Tribe of Arizona under section 7 of Public Law 
93-134 (87 Stat. 468) and Public Law 97-95 (95 Stat. 1206).

    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (10) Any distribution of judgment funds to members of the 
Wyandot Tribe of Indians of Oklahoma under section 6 of Public Law 
97-371 (96 Stat. 1814).
    (11) Distributions of judgment funds to members of the Shawnee 
Tribe of Indians (Absentee Shawnee Tribe of Oklahoma, the Eastern 
Shawnee Tribe of Oklahoma and the Cherokee Band of Shawnee 
descendants) under section 7 of Public Law 97-372 (96 Stat. 1816).
    (12) Judgment funds distributed per capita or made available for 
programs for members of the Miami Tribe of Oklahoma and the Miami 
Indians of Indiana under section 7 of Public Law 97-376 (96 Stat. 
1829).
    (13) Distributions of judgment funds to members of the Clallam 
Tribe of Indians of the State of Washington (Port Gamble Indian 
Community, Lower Elwha Tribal Community and the Jamestown Band of 
Clallam Indians) under section 6 of Public Law 97-402 (96 Stat. 
2021).
    (14) Judgment funds distributed per capita or made available for 
programs for members of the Pembina Chippewa Indians (Turtle 
Mountain Band of Chippewa Indians, Chippewa Cree Tribe of Rocky 
Boy's Reservation, Minnesota Chippewa Tribe, Little Shell Band of 
the Chippewa Indians of Montana, and the nonmember Pembina 
descendants) under section 9 of Public Law 97-403 (96 Stat. 2025).
    (15) Per capita distributions of judgment funds to members of 
the Assiniboine Tribe of Fort Belknap Indian Community and the 
Papago Tribe of Arizona under sections 6 and 8(d) of Public Law 97-
408 (96 Stat. 2036, 2038).
    (16) Up to $2,000 of per capita distributions of judgment funds 
to members of the Confederated Tribes of the Warm Springs 
Reservation under section 4 of Public Law 97-436 (96 Stat. 2284).

    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (17) Judgment funds distributed to the Red Lake Band of Chippewa 
Indians under section 3 of Public Law 98-123 (97 Stat. 816).
    (18) Funds distributed per capita or family interest payments 
for members of the Assiniboine Tribe of Fort Belknap Indian 
Community of Montana and the Assiniboine Tribe of the Fort Peck 
Indian Reservation of Montana under section 5 of Public Law 98-124 
(97 Stat. 818).
    (19) Distributions of judgment funds and income derived 
therefrom to members of the Shoalwater Bay Indian Tribe under 
section 5 of Public Law 98-432 (98 Stat. 1672).
    (20) All distributions to heirs of certain deceased Indians 
under section 8 of the Old Age Assistance Claims Settlement Act, 
Public Law 98-500 (98 Stat. 2319).


[[Page 30983]]


    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (21) Judgment funds distributed per capita or made available for 
any tribal program for members of the Wyandotte Tribe of Oklahoma 
and the Absentee Wyandottes under section 106 of Public Law 98-602 
(98 Stat. 3151).
    (22) Per capita and dividend payment distributions of judgment 
funds to members of the Santee Sioux Tribe of Nebraska, the 
Flandreau Santee Sioux Tribe, the Prairie Island Sioux, Lower Sioux, 
and Shakopee Mdewakanton Sioux Communities of Minnesota under 
section 8 of Public Law 99-130 (99 Stat. 552) and section 7 of 
Public Law 93-134 (87 Stat. 468), as amended by Public Law 97-458 
(96 Stat. 2513; 25 U.S.C. 1407).
    (23) Funds distributed per capita or held in trust for members 
of the Chippewas of Lake Superior and the Chippewas of the 
Mississippi under section 6 of Public Law 99-146 (99 Stat. 782).
    (24) Distributions of claims settlement funds to members of the 
White Earth Band of Chippewa Indians as allottees, or their heirs, 
under section 16 of Public Law 99-264 (100 Stat. 70).
    (25) Payments or distributions of judgment funds, and the 
availability of any amount for such payments or distributions, to 
members of the Saginaw Chippewa Indian Tribe of Michigan under 
section 6 of Public Law 99-346 (100 Stat. 677).

    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (26) Judgment funds distributed per capita or held in trust for 
members of the Chippewas of Lake Superior and the Chippewas of the 
Mississippi under section 4 of Public Law 99-377 (100 Stat. 805).
    (27) Judgment funds distributed to members of the Cow Creek Band 
of Umpqua Tribe of Indians under section 4 of Public Law 100-139 
(101 Stat. 822).
    (28) Per capita payments of claims settlement funds to members 
of the Coushatta Tribe of Louisiana under section 2 of Public Law 
100-411 (102 Stat. 1097) and section 7 of Public Law 93-134 (87 
Stat. 468), as amended by Public Law 97-458 (96 Stat. 2513; 25 
U.S.C. 1407).

    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (29) Funds distributed per capita for members of the Hoopa 
Valley Indian Tribe and the Yurok Indian Tribe under sections 4, 6 
and 7 of Public Law 100-580 (102 Stat. 2929, 2930, 2931) and section 
3 of Public Law 98-64 (97 Stat. 365; 25 U.S.C. 117b).

    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (30) Judgment funds held in trust by the United States, 
including interest and investment income accruing on such funds, and 
judgment funds made available for programs or distributed to members 
of the Wisconsin Band of Potawatomi (Hannahville Indian Community 
and Forest County Potawatomi) under section 503 of Public Law 100-
581 (102 Stat. 2945).

    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (31) All funds, assets, and income from the trust fund 
transferred to the members of the Puyallup Tribe under section 10 of 
the Puyallup Tribe of Indians Settlement Act of 1989, Public Law 
101-41 (103 Stat. 88, 25 U.S.C. 1773h(c)).

    Note--This exclusion does not apply in deeming income from 
sponsors to aliens.

    (32) Judgment funds distributed per capita, or held in trust, or 
made available for programs, for members of the Seminole Nation of 
Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of 
Indians of Florida and the independent Seminole Indians of Florida 
under section 8 of Public Law 101-277 (104 Stat. 145).

    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (33) Payments, funds, distributions, or income derived from them 
to members of the Seneca Nation of New York under section 8(b) of 
the Seneca Nation Settlement Act of 1990, Public Law 101-503 (104 
Stat. 1297, 25 U.S.C. 1774f).

    Note--This exclusion does not apply in deeming income from 
sponsors to aliens.

    (34) Per capita distributions of settlement funds under section 
102 of the Fallon Paiute Shoshone Indian Tribes Water Rights 
Settlement Act of 1990, Public Law 101-618 (104 Stat. 3289) and 
section 7 of Public Law 93-134 (87 Stat. 468), as amended by Public 
Law 97-458 (96 Stat. 2513; 25 U.S.C. 1407).
    (35) Settlement funds, assets, income, payments, or 
distributions from Trust Funds to members of the Catawba Indian 
Tribe of South Carolina under section 11(m) of Public Law 103-116 
(107 Stat. 1133).
    (36) Settlement funds held in trust (including interest and 
investment income accruing on such funds) for, and payments made to, 
members of the Confederated Tribes of the Colville Reservation under 
section 7(b) of Public Law 103-436 (108 Stat. 4579).

    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (c) Receipts from Lands Held in Trust for Certain Tribes or 
Groups--
    (1) Receipts from land held in trust by the federal government 
and distributed to members of certain Indian tribes under section 6 
of Public Law 94-114 (89 Stat. 579, 25 U.S.C. 459e).

    Note--This exclusion applies to the income of sponsors of aliens 
only if the alien lives in the sponsor's household.

    (2) Receipts derived from trust lands awarded to the Pueblo of 
Santa Ana and distributed to members of that tribe under section 6 
of Public Law 95-498 (92 Stat. 1677).
    (3) Receipts derived from trust lands awarded to the Pueblo of 
Zia of New Mexico and distributed to members of that tribe under 
section 6 of Public Law 95-499 (92 Stat. 1680).

V. Other

* * * * *
    (f) The value of any child care provided or arranged (or any 
payment for such care or reimbursement for costs incurred for such 
care) under the Child Care and Development Block Grant Act, as 
amended by section 8(b) of Public Law 102-586 (106 Stat. 5035).
    (g) Payments made to individuals because of their status as 
victims of Nazi persecution excluded pursuant to section 1(a) of the 
Victims of Nazi Persecution Act of 1994, Public Law 103-286 (108 
Stat. 1450).

    3. The authority citation for subpart L 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, 
Public Law 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).

    4. In Sec. 416.1236, paragraph (a)(2) is revised; the last sentence 
of paragraph (a)(12) is revised; paragraphs (a)(13), (a)(16), and 
(a)(19) are removed; paragraphs (a)(14), (a)(15), (a)(17), (a)(18), and 
(a)(20) are redesignated as paragraph (a)(13), (a)(14), (a)(15), 
(a)(16), and (a)(17), respectively; and a new paragraph (a)(18) is 
added to read as follows:


Sec. 416.1236  Exclusions from resources; provided by other statutes.

    (a) * * *
    (2) Payments made to Native Americans as listed in paragraphs (b) 
and (c) of section IV of the appendix to subpart K of part 416, as 
provided by Federal statutes other than the Social Security Act.
* * * * *
    (12) * * * For the treatment of ANRVC dividend distributions, see 
paragraph (a)(10) of this section.
* * * * *
    (18) Payments made to individuals because of their status as 
victims of Nazi persecution excluded pursuant to section 1(a) of the 
Victims of Nazi Persecution Act of 1994, Public Law 103-286 (108 Stat. 
1450).
    5. In Sec. 416.1245, the introductory text of paragraph (b)(3)(ii), 
is revised to read as follows:


Sec. 416.1245  Exceptions to required disposition of real property.

* * * * *
    (b) * * *
    (3) * * *
    (ii) Within 30 days of receiving notice that we have accepted the 
individual's signed written agreement to dispose of the property, and 
absent good cause for not doing so, the individual must:
* * * * *
    6. The authority citation for subpart T of part 416 continues to 
read as follows:

    Authority: Secs. 702(a)(5), 1616, 1618, and 1631 of the Social 
Security Act (42 U.S.C.

[[Page 30984]]

902(a)(5), 1382e, 1382g, and 1383); sec. 212, Public Law 93-66, 87 
Stat. 155 (42 U.S.C. 1382 note); sec. 8(a), (b)(1)-(b)(3), Public 
Law 93-233, 87 Stat. 956 (7 U.S.C. 612c note, 1431 note and 42 
U.S.C. 1382e note); secs. 1(a)-(c) and 2(a), 2(b)(1), 2(b)(2), 
Public Law 93-335, 88 Stat. 291 (42 U.S.C. 1382 note, 1382e note).

    7. Section 416.2096 is amended by adding a new paragraph (c)(6) to 
read as follows:


Sec. 416.2096  Basic pass-along rules.

* * * * *
    (c) * * *
    (6) To determine whether a State's expenditures for supplementary 
payments in the 12-month period beginning on the effective date of any 
increase in the level of SSI benefits are not less than the State's 
expenditures for the payments in the preceding 12-month period, in 
computing the State's expenditures, we disregard, pursuant to a one-
time election of the State, all expenditures by the State for the 
retroactive supplementary payments that are required to be made under 
the Sullivan v. Zebley, 493 U.S. 521 (1990) class action.
* * * * *
[FR Doc. 97-14615 Filed 6-5-97; 8:45 am]
BILLING CODE 4190-29-U