[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Rules and Regulations]
[Pages 59812-59813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29187]


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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: Final rules.

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SUMMARY: These final 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 final 
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 final regulations correct a 
typographical error in the wording regarding income that is used or set 
aside to be used under a plan to become self-supporting.

EFFECTIVE DATE: These regulations are effective December 5, 1997.

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. For 
information on eligibility, claiming benefits, or coverage of earnings, 
call our national toll-free number, 1-800-772-1213.

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 could be read 
to imply 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).
    Section 416.1603(b) of these final regulations 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 section of the regulations is necessary to 
address problems that have arisen where individuals have established 
U.S.

[[Page 59813]]

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 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 a 
qualified alien as defined in 8 U.S.C. 1641(b) who meets one of the 
exceptions in 8 U.S.C. 1612(a)(2). 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, these final regulations will 
help to limit fraud by lessening the chance of an individual later 
coming into the U.S. and using a fraudulent religious record of birth 
or baptism to obtain SSI benefits.

Explanation of Revisions

    In these final regulations, we are revising 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 are also revising 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 are correcting a typographical error in 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.
    On April 22, 1996, we published proposed rules in the Federal 
Register at 61 FR 17609 and provided a 60-day period for interested 
individuals to comment. We received no comments. We are, therefore, 
publishing these final rules unchanged.

Regulatory Procedures

Regulatory Flexibility Act

    We certify that these final 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 final 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 final 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 (SSI).

    Dated: October 27, 1997.
Kenneth S. Apfel,
Commissioner of Social Security.

     For the reasons set forth in the preamble, we are amending 
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. 97-29187 Filed 11-4-97; 8:45 am]
BILLING CODE 4190-29-P