[Federal Register Volume 63, Number 113 (Friday, June 12, 1998)]
[Proposed Rules]
[Pages 32161-32164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15699]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 416

RIN 0960-AE77


Denial of Supplemental Security Income Benefits for Fugitive 
Felons and Probation and Parole Violators

AGENCY: Social Security Administration.

ACTION: Proposed rules.

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SUMMARY: These proposed regulations would change our rules to reflect 
an amendment to the Social Security Act (the Act) made by Public Law 
104-193, the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996. The amendment prohibits payment of 
Supplemental Security Income (SSI) benefits to certain fugitives and 
probation and parole violators.

DATES: To be sure that your comments are considered, we must receive 
them no later than August 11, 1998.

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 Office of Process and Innovation Management, Social 
Security Administration, L2109 West Low Rise, 6401 Security Boulevard, 
Baltimore, MD 21235, between 8:00 A.M. and 4:30 P.M. on regular 
business days. Comments may be inspected during these same hours by 
making arrangements with the contact person shown below.

FOR FURTHER INFORMATION CONTACT: Teresa Robinson, Policy Analyst, 
Office of Program Benefits Policy, Social Security Administration, 6401 
Security Boulevard, Baltimore, MD 21235, (410) 965-7960 for information 
about these rules. For information on eligibility or claiming benefits, 
call our national toll-free number, 1-800-772-1213.

SUPPLEMENTARY INFORMATION:

Background

    Section 202(a) of Public Law 104-193 added section 1611(e)(5) of 
the Act to preclude eligibility for SSI benefits for certain fugitives 
and probation and parole violators. In general, section 1611(e)(5) of 
the Act provides that a person shall not be considered an eligible 
individual or eligible spouse for purposes of the SSI program for any 
month during which the person is--
     Fleeing to avoid prosecution for a crime, or an attempt to 
commit a crime, which is a felony under the laws of the place from 
which the person flees (or which, in the case of the State of New 
Jersey, is a high misdemeanor under the laws of that State);
     Fleeing to avoid custody or confinement after conviction 
for a crime, or an attempt to commit a crime, which is a felony under 
the laws of the place from which the person flees (or which, in the 
case of the State of New Jersey, is a high misdemeanor under the laws 
of that State); or

[[Page 32162]]

     Violating a condition of probation or parole imposed under 
Federal or State law.
    Section 1611(e)(5) of the Act was effective on August 22, 1996, the 
date of the enactment of Public Law 104-193, and applies with respect 
to eligibility for SSI benefits for months beginning in August 1996.

Proposed Regulations

    We are proposing to amend our regulations concerning the SSI 
program under title XVI of the Act to indicate that a person will not 
be eligible for SSI benefits under the circumstances described in 
section 1611(e)(5) of the Act. For this purpose, we propose to make 
changes to the regulations in subparts B, G, and M of 20 CFR part 416, 
the part which contains the regulations for the SSI program.
    Subpart B of 20 CFR part 416 explains the general rules that we 
apply in determining a person's eligibility for SSI benefits. In 
general, a person may be eligible for SSI benefits if he or she is a 
resident of the United States, has limited income and resources, and is 
age 65 or older, blind, or disabled.
    Section 416.202 lists the basic requirements which must be met in 
order for a person to be eligible for SSI benefits. We propose to amend 
Sec. 416.202 to indicate that, in order to be eligible for SSI 
benefits, a person must not be--
    (1) Fleeing to avoid prosecution for a crime, or an attempt to 
commit a crime, which is a felony under the laws of the place from 
which the person flees (or which, in the case of the State of New 
Jersey, is a high misdemeanor under the laws of that State);
    (2) Fleeing to avoid custody or confinement after conviction for a 
crime, or an attempt to commit a crime, which is a felony under the 
laws of the place from which the person flees (or which, in the case of 
the State of New Jersey, is a high misdemeanor under the laws of that 
State); or
    (3) Violating a condition of probation or parole imposed under 
Federal or State law.
    To make this change, we propose to redesignate existing paragraph 
(f) of Sec. 416.202 as paragraph (g) and to add a new paragraph (f) 
which would contain the provisions described above.
    The regulations in subpart G of 20 CFR part 416 require an SSI 
recipient, a representative payee of an SSI recipient, or an applicant 
for SSI benefits to report events that may affect eligibility or 
continued eligibility for SSI benefits or the amount of benefits. The 
regulations explain that a failure to make a timely report of such an 
event may result in the assessment of a penalty deduction against an 
individual's SSI benefits.
    Section 416.708 of the regulations describes events which must be 
reported by an individual receiving SSI benefits, a representative 
payee for an SSI recipient, or an applicant awaiting a final decision 
on an application for SSI benefits. Under section 416.722 of the 
regulations, a penalty deduction will be applied if the SSI applicant, 
recipient or representative payee, without good cause, fails to report 
such events, and received benefits that would have been reduced, 
suspended or terminated if the event had been timely reported. The 
circumstances described in section 1611(e)(5) of the Act would make 
such applicant or recipient ineligible for SSI benefits. Therefore, we 
are proposing to amend Sec. 416.708 by adding a new paragraph (o) to 
the list of events that must be reported, and that if not reported, may 
result in the assessment of a penalty deduction. New paragraph (o) 
would require an SSI applicant or recipient, or a representative for an 
SSI recipient, to report to us the occurrence of any of the 
circumstances specified in section 1611(e)(5) of the Act which would 
make such applicant or recipient ineligible for SSI benefits.
    Of course, we recognize that many SSI applicants or recipients may 
not report their status under section 1611(e)(5) of the Act to us. 
Thus, we will not depend on the reports of the individual recipient or 
applicant for information that he or she is fleeing prosecution, 
custody or confinement or violating a condition of probation or parole. 
We will place heavy emphasis on other sources of such information in 
determining whether someone is ineligible under this provision. Our 
principal source will be records of Federal and State law enforcement 
agencies and penal institutions, but we will continue to explore all 
other avenues of independent sources of information which will help us 
decide whether individuals are ineligible, particularly under the 
provisions of section 1611(e)(5) of the Act.
    Subpart M of 20 CFR part 416 provides rules for suspending or 
terminating an individual's SSI benefit payments when he or she no 
longer meets the requirements for eligibility for SSI benefits. We are 
proposing to add new Sec. 416.1339 to this subpart to explain the 
requirement to suspend payments when an SSI recipient is found to be an 
individual who falls under one of the provisions of section 1611(e)(5) 
of the Act.
    Proposed Sec. 416.1339 provides that suspension of benefit payments 
because an individual is a fugitive or a probation or parole violator, 
as described above, is effective with the first day of whichever of the 
following months is earlier--
     The month in which a warrant or order for the individual's 
arrest or apprehension, an order requiring the individual's appearance 
before a court or other appropriate tribunal (e.g., a parole board), or 
a similar order is issued by a court or other duly authorized tribunal 
on the basis of an appropriate finding that the individual--
    (1) Is fleeing, or has fled, to avoid prosecution for a crime, or 
an attempt to commit a crime, which is a felony under the laws of the 
place from which the person flees (or which, in the case of the State 
of New Jersey, is a high misdemeanor under the laws of that State);
    (2) Is fleeing, or has fled, to avoid custody or confinement after 
conviction for a crime, or an attempt to commit a crime, which is a 
felony under the laws of the place from which the person flees (or 
which, in the case of the State of New Jersey, is a high misdemeanor 
under the laws of that State); or
    (3) Is violating, or has violated, a condition of his or her 
probation or parole imposed under Federal or State law; or
     The first month during which the individual fled to avoid 
such prosecution, fled to avoid such custody or confinement after 
conviction, or violated a condition of his or her probation or parole, 
if indicated in such warrant or order, or in a decision by a court or 
other appropriate tribunal.
    Proposed Sec. 416.1339 explains that an individual will not be 
considered to be ineligible for SSI benefits and benefit payments will 
not be suspended under the provisions of that section for any month 
prior to August 1996.
    Proposed Sec. 416.1339 also explains that benefits will be resumed, 
if otherwise payable, effective with the first month throughout which 
the individual is determined to be no longer fleeing to avoid such 
prosecution, fleeing to avoid such custody or confinement after 
conviction, or violating a condition of his or her probation or parole.
    We also propose to amend the second sentence of 
Sec. 416.1337(b)(3)(ii) which contains a cross-reference to the 
sections of subpart M which describe conditions under which SSI 
benefits are suspended. We propose to revise the cross-reference to 
include a reference to new Sec. 416.1339.

[[Page 32163]]

Electronic Version

    The electronic file of this document is available on the Federal 
Bulletin Board (FBB) at 9:00 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

Executive Order 12866

    We have consulted with the Office of Management and Budget (OMB) 
and determined that these proposed rules do meet the criteria for a 
significant regulatory action under Executive Order 12866.

Regulatory Flexibility Act

    We certify that these proposed regulations, if promulgated, will 
not have a significant economic impact on a substantial number of small 
entities because these rules affect only individuals. Therefore, a 
regulatory flexibility analysis as provided in Public Law 96-354, the 
Regulatory Flexibility Act, as amended by Public Law 104-121, is not 
required.

Paperwork Reduction Act

    These proposed rules contain a reporting requirement in proposed 
Sec. 416.708(o). As required by 44 U.S.C. 3507, as amended by section 2 
of the Paperwork Reduction Act of 1995, we submitted a copy of the 
proposed rules to OMB for its review.
    Section 416.708(o) of the proposed regulations requires an SSI 
applicant or recipient, or a representative payee of an SSI recipient, 
to report to SSA that the applicant or recipient is a fugitive or 
probation or parole violator as described in that section if such event 
occurs. The information reported will be used by SSA to deny 
eligibility for SSI benefits or suspend SSI benefit payments. The 
respondents are SSI applicants, recipients or representative payees. We 
estimate that the public reporting burden will be 1 minute per response 
for 1,000 respondents, resulting in 16.6 annual burden hours. This 
includes the time it will take to read any instructions and provide the 
information. If you have any comments or suggestions on this estimate, 
write to OMB and SSA at the following addresses:

Office of Management and Budget, OIRA, Attention: Laura Oliven, Room 
10230, New Executive Office Building, Washington, D.C. 20503 and
Social Security Administration, DCFAM, Attention: Nicholas E. 
Tagliareni, 1-A-21 Operations Building, 6401 Security Boulevard, 
Baltimore, MD 21235.

    In addition to your comments on the accuracy of the Agency's burden 
estimate, we are soliciting comments on the need for the information; 
its practical utility; ways to enhance its quality, utility and 
clarity; and on ways to minimize burden on respondents, including the 
use of automated collection techniques or other forms of information 
technology.

(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: February 25, 1998.
Kenneth S. Apfel,
Commissioner of Social Security.

    For the reasons set out in the preamble, subparts B, G, and M of 
part 416 of chapter III of title 20 of the Code of Federal Regulations 
are proposed to be amended as follows:

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

Subpart B to Part 416--[Amended]

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

    Authority: Secs. 702(a)(5), 1110(b), 1602, 1611, 1614, 1615(c), 
1619(a), 1631, and 1634 of the Social Security Act (42 U.S.C. 
902(a)(5), 1310(b), 1381a, 1382, 1382c, 1382d(c), 1382h(a), 1383, 
and 1383c); secs. 211 and 212, Pub. L. 93-66, 87 Stat. 154 and 155 
(42 U.S.C. 1382 note); sec. 502(a), Pub. L. 94-241, 90 Stat. 268 (48 
U.S.C. 1681 note); sec. 2, Pub. L. 99-643, 100 Stat. 3574 (42 U.S.C. 
1382h note).

    2. Section 416.202 is amended by redesignating paragraph (f) as 
paragraph (g) and by adding a new paragraph (f) to read as follows:


Sec. 416.202  Who may get SSI benefits.

* * * * *
    (f) You are not--
    (1) Fleeing to avoid prosecution for a crime, or an attempt to 
commit a crime, which is a felony under the laws of the place from 
which you flee (or which, in the case of the State of New Jersey, is a 
high misdemeanor under the laws of that State);
    (2) Fleeing to avoid custody or confinement after conviction for a 
crime, or an attempt to commit a crime, which is a felony under the 
laws of the place from which you flee (or which, in the case of the 
State of New Jersey, is a high misdemeanor under the laws of that 
State); or
    (3) Violating a condition of probation or parole imposed under 
Federal or State law.
* * * * *

Subpart G to Part 416--[Amended]

    3. The authority citation for subpart G of part 416 continues to 
read as follows:

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

    4. Section 416.708 is amended by adding a new paragraph (o) to read 
as follows:


Sec. 416.708  What you must report.

* * * * *
    (o) Fleeing to avoid criminal prosecution or custody or confinement 
after conviction, or violating probation or parole. You must report to 
us that you are--
    (1) Fleeing to avoid prosecution for a crime, or an attempt to 
commit a crime, which is a felony under the laws of the place from 
which you flee (or which, in the case of the State of New Jersey, is a 
high misdemeanor under the laws of that State);
    (2) Fleeing to avoid custody or confinement after conviction for a 
crime, or an attempt to commit a crime, which is a felony under the 
laws of the place from which you flee (or which, in the case of the 
State of New Jersey, is a high misdemeanor under the laws of that 
State); or
    (3) Violating a condition of probation or parole imposed under 
Federal or State law.

Subpart M to Part 416--[Amended]

    5. The authority citation for subpart M of part 416 continues to 
read as follows:

    Authority: Secs. 702(a)(5), 1611-1615, 1619, and 1631 of the 
Social Security Act (42 U.S.C. 902(a)(5), 1382-1382d, 1382h, and 
1383).

    6. In Sec. 416.1337, the second sentence of paragraph (b)(3)(ii) is 
revised to read as follows:


Sec. 416.1337  Exceptions to the continuation of previously established 
payment level.

* * * * *
    (b) * * *
    (3) * * *
    (ii) * * * However, if the individual's benefits had been correctly 
suspended as provided in Secs. 416.1321 through

[[Page 32164]]

416.1330 or Sec. 416.1339 and they should have remained suspended but a 
benefit that exceeded the dollar limitation was paid, no further 
payment shall be made to him at this time and notice of the planned 
action shall not contain any provision regarding continuation of 
payment pending appeal. * * *
* * * * *
    7. New Sec. 416.1339 is added to subpart M to read as follows:


Sec. 416.1339  Suspension due to flight to avoid criminal prosecution 
or custody or confinement after conviction, or due to violation of 
probation or parole.

    (a) Basis for suspension. An individual is ineligible for SSI 
benefits for any month during which he or she is--
    (1) Fleeing to avoid prosecution for a crime, or an attempt to 
commit a crime, which is a felony under the laws of the place from 
which the individual flees (or which, in the case of the State of New 
Jersey, is a high misdemeanor under the laws of that State); or
    (2) Fleeing to avoid custody or confinement after conviction for a 
crime, or an attempt to commit a crime, which is a felony under the 
laws of the place from which the individual flees (or which, in the 
case of the State of New Jersey, is a high misdemeanor under the laws 
of that State); or
    (3) Violating a condition of probation or parole imposed under 
Federal or State law.
    (b) Suspension Effective date. (1) Suspension of benefit payments 
because an individual is a fugitive as described in paragraph (a)(1) or 
(a)(2) of this section or a probation or parole violator as described 
in paragraph (a)(3) of this section is effective with the first day of 
whichever of the following months is earlier--
    (i) The month in which a warrant or order for the individual's 
arrest or apprehension, an order requiring the individual's appearance 
before a court or other appropriate tribunal (e.g., a parole board), or 
similar order is issued by a court or other duly authorized tribunal on 
the basis of an appropriate finding that the individual--
    (A) Is fleeing, or has fled, to avoid prosecution as described in 
paragraph (a)(1) of this section;
    (B) Is fleeing, or has fled, to avoid custody or confinement after 
conviction as described in paragraph (a)(2) of this section; or
    (C) Is violating, or has violated, a condition of his or her 
probation or parole as described in paragraph (a)(3) of this section; 
or
    (ii) The first month during which the individual fled to avoid such 
prosecution, fled to avoid such custody or confinement after 
conviction, or violated a condition of his or her probation or parole, 
if indicated in such warrant or order, or in a decision by a court or 
other appropriate tribunal.
    (2) An individual will not be considered to be ineligible for SSI 
benefits and benefit payments will not be suspended under this section 
for any month prior to August 1996.
    (c) Resumption of payments. If benefits are otherwise payable, they 
will be resumed effective with the first month throughout which the 
individual is determined to be no longer fleeing to avoid such 
prosecution, fleeing to avoid such custody or confinement after 
conviction, or violating a condition of his or her probation or parole.

[FR Doc. 98-15699 Filed 6-11-98; 8:45 am]
BILLING CODE 4190-29-P