[Federal Register Volume 65, Number 62 (Thursday, March 30, 2000)]
[Rules and Regulations]
[Pages 16811-16816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7639]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 401, 402, 404, 410, 416, and 422

[Regs. Nos. 1, 2, 4, 10, 16, and 22]
RIN 0960-AF04


Miscellaneous Amendments

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: We are correcting several invalid references and other minor

[[Page 16812]]

problems in parts 401, 402, 404, 410, 416, and 422, chapter III, 
revised as of April 1, 1999.

DATES: Effective March 30, 2000.

FOR FURTHER INFORMATION CONTACT: Daniel T. Bridgewater, Social 
Insurance Specialist, Office of Process and Innovation Management, 
L2109 West Low Rise Building, Social Security Administration, 6401 
Security Boulevard, Baltimore, MD 21235-6401, (410) 965-3298 or TTY 
(410) 966-5609 for information about this rule. For information on 
eligibility or claiming benefits, call our national toll-free numbers, 
1-800-772-1213 or TTY 1-800-325-0778.

SUPPLEMENTARY INFORMATION: We are correcting several references and 
other minor problems found in the following parts under 20 CFR chapter 
III, revised as of April 1, 1999.
    1. Part 401--Privacy and Disclosure of Official Records and 
Information. We are amending Sec. 401.20(b)((1) to show correct cross-
references.
    2. Part 402--Availability of Information and Records to the Public. 
We are amending Sec. 402.35(b)(2) to show correct cross-references.
    3. Part 404--Federal Old-Age, Survivors and Disability Insurance 
(1950-  ). We are correcting a typographical error in Sec. 404.337(a), 
and we are amending Secs. 404.401, 404.403(d)(1), 404.450(d), 
404.456(c), 404.457(a)(3), 404.1275, 404.1408, and 404.1410(a) to show 
correct cross-references. Also, we are revising Sec. 404.1201 to 
restore (a)(1) and (a)(2) which had been inadvertently removed. In 
addition, we are removing duplicate sentences in 
Sec. 404.1597a(b)(3)(ii) and (h)(2)(ii).
    4. Part 410--Federal Coal Mine Health and Safety Act of 1969, Title 
IV--Black Lung Benefits (1969-  ). We are correcting Secs. 410.240(g) 
and 410.601(a) and (b) to show correct cross-references. We are also 
correcting the authority citation for Subpart F to show the correct 
punctuation.
    5. Part 416--Supplemental Security Income for the Aged, Blind, and 
Disabled. We are correcting cross-references in: Secs. 416.428, 
416.702(``Essential person''); 416.929(d)(4); 416.993(a); 
416.994a(g)(4) and (g)(6); 416.1104; 416.1202(a); 416.1323(a); 
416.1336(b); 416.1442(f)(1); 416.1801(c) (``Spouse''); 416.2045(a); and 
416.2096(c)(5).
    6. Part 422--Organization and Procedures. We are correcting 
Secs. 422.125, 422.135, and 422.135 to show correct cross-references.

Regulatory Procedures

    Pursuant to section 702(a)(5) of the Act (42 U.S.C. 902(a)(5)), SSA 
follows the Administrative Procedure Act (APA) rulemaking procedures 
specified in 5 U.S.C. 553 in the development of its regulations. The 
APA provides exceptions to its prior notice 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 and 
public comment procedures in this case. Good cause exists because these 
are minor technical changes which make no substantive change in the 
regulations and have no effect on the public. Therefore, opportunity 
for prior comment is unnecessary, and we are issuing these changes to 
our regulations as a final rule. In addition, SSA is not providing a 
30-day delay in the effective date of this final rule under 5 U.S.C. 
553(d). This is not a substantive rule, and there is no change in 
policy. Accordingly, the requirements of 5 U.S.C. 553(d) are 
inapplicable.

Executive Order 12866

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

Regulatory Flexibility Act

    SSA certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities since it 
makes no changes in policy. Therefore, a regulatory flexibility 
analysis as provided in Public Law 96-354, the Regulatory Flexibility 
Act, as amended, is not required.

Paperwork Reduction Act

    This final rule imposes no additional reporting or recordkeeping 
requirements subject to OMB clearance.

(Catalog of Federal Domestic Assistance Program Nos. 96.001 Social 
Security-Disability Insurance; 96.002 Social Security--Retirement 
Insurance; 96.003 Social Security--Special Benefits for Persons Aged 
72 and Over; 96.004 Social Security--Survivors Insurance; 96.005 
Special Benefits for Disabled Coal Miners; 96.006 Supplemental 
Security Income; 96.007 Social Security--Research and Demonstration)

List of Subjects

20 CFR Part 401

    Administrative practice and procedure, Disclosure, Privacy, Social 
Security, Supplemental Security Income (SSI).

20 CFR Part 402

    Administrative practice and procedure, Archives and records, 
Freedom of information.

20 CFR Part 404

    Administrative practice and procedure, Blind, Old-Age, Survivors 
and Disability benefits, Old-Age, Survivors and Disability Insurance, 
Reporting and recordkeeping requirements, Social Security.

20 CFR Part 410

    Administrative practice and procedure, Black lung benefits, Claims, 
Investigations, and Workers' compensation.

20 CFR Part 416

    Administrative practice and procedure, Aged, Blind, Disability 
benefits, Public assistance programs, Supplemental Security Income 
(SSI), Reporting and recordkeeping requirements.

20 CFR Part 422

    Administrative practice and procedure, Freedom of information, 
Organization and functions (Government agencies), Social Security.

    Dated: March 20, 2000.
Kenneth S. Apfel,
Commissioner of Social Security.

PART 401--PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND 
INFORMATION

    1. The authority citation for part 401 continues to read as 
follows:

    Authority: Secs. 205, 702(a)(5), 1106, and 1141 of the Social 
Security Act (42 U.S.C. 405, 902(a)(5), 1306, and 1320b-11); 5 
U.S.C. 552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 30 U.S.C. 923.

    2. Section 401.20 is amended by revising the first sentence of 
paragraph (b)(1) to read as follows:


Sec. 401.20  Scope.

* * * * *
    (b) Disclosure--(1) Program records. Regulations that apply to the 
disclosure of information about an individual contained in SSA's 
program records are set out in Secs. 401.100 through 401.200 of this 
part.
* * * * *

[[Page 16813]]

PART 402--AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC

    1. The authority citation for 20 CFR part 402 is revised to read as 
follows:

    Authority: Secs. 205, 702(a)(5), and 1106 of the Social Security 
Act; (42 U.S.C. 405, 902(a)(5), and 1306); 5 U.S.C. 552 and 552a; 8 
U.S.C. 1360; 18 U.S.C. 1905; 26 U.S.C. 6103; 30 U.S.C. 923b; 31 
U.S.C. 9701; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235.


    2. Section 402.35 is amended by revising the second sentence of 
paragraph (b)(2) to read as follows:


Sec. 402.35  Publication.

* * * * *
    (b) * * *
    (2) * * * They are binding on all components of the Social Security 
Administration, except with respect to claims subject to the 
relitigation procedures established in 20 CFR 404.984, 410.610, and 
416.1484.
* * * * *

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE 
(1950-)

Subpart D--[Amended]

    1. The authority citation for subpart D of part 404 continues to 
read as follows:


    Authority: Secs. 202, 203(a) and (b), 205(a), 216, 223, 225, 
228(a)-(e), and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 
403(a) and (b), 405(a), 416, 423, 425, 428(a)-(e), and 902(a)(5)).


    2. Section 404.337 is amended by revising paragraph (a) to read as 
follows:


Sec. 404.337  When widow's and widower's benefits begin and end.

    (a) You are entitled to widow's or widower's benefits under 
Sec. 404.335 or Sec. 404.336 beginning with the first month covered by 
your application in which you meet all the other requirements for 
entitlement to such benefits.
* * * * *

Subpart E--[Amended]

    3. The authority citation for subpart E of part 404 continues to 
read as follows:


    Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c), 
222(b), 223(e), 224, 225, and 702(a)(5) of the Social Security Act 
(42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c), 422(b), 423(e), 
424a, 425, and 902(a)(5)).

    4. Section 404.401 is amended by revising the first sentence to 
read as follows:


Sec. 404.401  Deduction, reduction, and nonpayment of monthly benefits 
or lump-sum death payments.

    Under certain conditions, the amount of a monthly insurance benefit 
(see Secs. 404.380 through 404.384 of this part for provisions 
concerning special payments at age 72) or the lump-sum death payment as 
calculated under the pertinent provisions of sections 202 and 203 of 
the Act (including reduction for age under section 202(q) of a monthly 
benefit) must be increased or decreased to determine the amount to be 
actually paid to a beneficiary.
* * * * *
    5. Section 404.403 is amended by revising the first sentence of 
paragraph (d-1)(1) to read as follows:


Sec. 404.403  Reduction where total monthly benefits exceed maximum 
family benefits payable.

* * * * *
    (d-1) Entitled to disability insurance benefits after June 1980. * 
* *
    (1) We take 85 percent of your average indexed monthly earnings and 
compare that figure with your primary insurance amount (see 
Sec. 404.212 of this part).
* * * * *
    6. Section 404.450 is amended by revising the second sentence in 
paragraph (d) to read as follows:


Sec. 404.450  Required reports of work outside the United States or 
failure to have care of a child.

* * * * *
    (d) * * * (See Sec. 404.614 of this part for procedures concerning 
place of filing and date of receipt of such a report.)
* * * * *
    7. Section 404.456 is amended by revising the last sentence of 
paragraph (c) to read as follows:


Sec. 404.456  Current suspension of benefits because an individual 
works or engages in self-employment.

* * * * *
    (c) * * * Subject to the limitations of this paragraph, a 
determination about deductions may be reopened under the circumstances 
described in Sec. 404.907.
    8. Section 404.457 is amended by revising paragraph (a)(3) to read 
as follows:


Sec. 404.457  Deductions where taxes neither deducted from wages of 
certain maritime employees nor paid.

    (a) * * *
    (3) The services, under the provisions of Sec. 404.1041 of this 
part, constituted employment for the purposes of title II of the Social 
Security Act; and
* * * * *

Subpart M--[Amended]

    9. The authority citation for subpart M of part 404 continues to 
read as follows:

    Authority: Secs. 205, 210, 218, and 702(a)(5) of the Social 
Security Act (42 U.S.C. 405, 410, 418, and 902(a)(5)); sec. 12110, 
Pub. L. 99-272, 100 Stat. 287 (42 U.S.C. 418 note); sec. 9002, Pub. 
L. 99-509, 100 Stat. 1970.

    10. Section 404.1201 is amended by revising paragraph (a) to read 
as follows:


Sec. 404.1201  Scope of this subpart regarding coverage and wage 
reports and adjustments.

* * * * *
    (a) Coverage under section 218 of the Act--
    (1) How a State enters into and modifies an agreement; and
    (2) What groups of employees a State can cover by agreement.
* * * * *
    11. Section 404.1275 is amended by revising the second sentence to 
read as follows:


Sec. 404.1275  Adjustment of employee contributions--for wages paid 
prior to 1987.

    * * * The State shall show any correction of an employee's 
contribution on statements it furnishes the employee under 
Sec. 404.1225 of this part.
* * * * *

Subpart O--[Amended]

    12. The authority citation for subpart O of part 404 continues to 
read as follows:

    Authority: Secs. 202(l), 205(a), (c)(5)(D), (i), and (o), 210 
(a)(9) and (l)(4), 211(c)(3), and 702(a)(5) of the Social Security 
Act (42 U.S.C. 402(l), 405(a), (c)(5)(D), (i), and (o), 410 (a)(9) 
and (l)(4), 411(c)(3), and 902(a)(5)).

    13. Section 404.1408 is revised to read as follows:


Sec. 404.1408  Compensation to be treated as wages.

    (a) General. Where pursuant to the preceding provisions of this 
subpart, services rendered by an individual in the railroad industry 
are considered to be employment as defined in section 210 of the Social 
Security Act (see Sec. 404.1027 of this part). Thus, any compensation 
(as defined in section 1(h) of the Railroad Retirement Act of 1974 or 
prior to the 1974 Act, section 1(h) of the Railroad Retirement Act of 
1937) received by such individual for such services shall constitute 
wages, provided that the provisions of Sec. 404.1406 do not operate to 
bar the payments of benefits under title II of the Social Security Act.
    (b) Military Service Exception. An exception to paragraph (a) of 
this section applies to any compensation

[[Page 16814]]

attributable as having been paid during any month on account of 
military service creditable under section 1 of the Railroad Retirement 
Act of 1974 (or section 4 of the Railroad Retirement Act of 1937 prior 
to the 1974 Act). Such compensation shall not constitute wages for 
purposes of title II of the Social Security Act if, based on such 
services, wages are deemed to have been paid to such individual during 
such month under the provisions described in Secs. 404.1350 through 
404.1352 of this part.
    14. Section 404.1410 is amended by revising paragraph (a) to read 
as follows:


Sec. 404.1410  Presumption on basis of certified compensation record.

    (a) Years prior to 1975. Where the Railroad Retirement Board 
certifies to SSA a report of record of compensation, such compensation 
is treated as wages under Sec. 404.1408. For periods of service which 
do not identify the months or quarters in which such compensation was 
paid, the sum of the compensation quarters of coverage (see 
Sec. 404.1412) will be presumed, in the absence of evidence to the 
contrary, to represent an equivalent number of quarters of coverage 
(see Sec. 404.101). No more than four quarters of coverage shall be 
credited to an individual in a single calendar year.
* * * * *

Subpart P--[Amended]

    15. The authority citation for subpart P of part 404 continues to 
read as follows:

    Authority: Secs. 202, 205(a), (b), and (d)-(h), 216(i), 221(a) 
and (i), 222(c), 223, 225, and 702(a)(5) of the Social Security Act 
(42 U.S.C. 402, 405(a), (b), and (d)-(h), 416(i), 421(a) and (i), 
422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub.L. 104-193, 110 
Stat. 2105, 2189.


Sec. 404.1597a  [Amended]

    16. Section 404.1597a is amended by removing the last sentence 
(duplicates) in paragraphs (b)(3)(ii) and (h)(2)(ii).

PART 410--FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE 
IV--BLACK LUNG BENEFITS (1969-)

Subpart B--[Amended]

    1. The authority citation for subpart B of part 410 continues to 
read as follows:

    Authority: Sec. 702(a)(5) of the Social Security Act (42 U.S.C. 
902(a)(5)); sec. 402, 411, 412, 413, 414, 426(a), and 508, 83 Stat. 
792; 30 U.S.C. 902, 921-924, 936(a), 957.

    2. Section 410.240 is amended by revising paragraphs (g)(1), 
(g)(2), (g)(3), (g)(4), (g)(5), and (g)(6) to read as follows:


Sec. 410.240  Evidence.

* * * * *
    (g) Evidence of matters other than total disability or death due to 
pneumoconiosis. * * *
    (1) Age: Secs. 404.715 through 404.716 of this part;
    (2) Death: Secs. 404.720 through 404.722 of this part;
    (3) Marriage and termination of marriage: Secs. 404.723 through 
404.728 of this part;
    (4) Relationship of parent and child: Secs. 404.730 through 404.750 
of this part;
    (5) Domicile: Sec. 404.770 of this part;
    (6) Living with or member of the same household: Sec. 404.760 of 
this part.
* * * * *

Subpart F--[Amended]

    3. The authority citation for subpart F of part 410 is revised to 
read as follows:

    Authority: Sec. 702(a)(5) of the Social Security Act (42 U.S.C. 
902(a)(5)); 30 U.S.C. 923(b), 936(a), 956, and 957.

    4. Section 410.601 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 410.601  Determinations of disability.

    (a) By State agencies. In any State which has entered into an 
agreement with the Commissioner to provide determinations as to whether 
a miner is under a total disability (as defined in Sec. 410.412) due to 
pneumoconiosis (as defined in Sec. 410.110(n)). Determinations as to 
the date total disability began, and as to the date total disability 
ceases, shall be made by the State agency or agencies designated in 
such agreement on behalf of the Commissioner for all individuals in 
such State, or for such class or classes of individuals in the State as 
may be designated in the agreement.
    (b) By the Administration. Determinations as to whether a miner is 
under a total disability (as defined in Sec. 410.412) due to 
pneumoconiosis (as defined in Sec. 410.110(n)), as to the date the 
total disability began, and as to the date the total disability ceases, 
shall be made by the Administration on behalf of the Commissioner. The 
Administration shall make such determinations for individuals in any 
State which has not entered into an agreement to make such 
determinations, for any class or classes of individuals to which such 
an agreement is not applicable, or for any individuals outside the 
United States. In addition, all other determinations as to entitlement 
to and the amounts of benefits shall be made by the Administration on 
behalf of the Commissioner.
* * * * *

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

Subpart D--[Amended]

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

    Authority: Secs. 702(a)(5), 1611(a), (b), (c), and (e), 1612, 
1617, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5), 
1382(a), (b), (c), and (e), 1382a, 1382f, and 1383).


    2. Section 416.428 is amended by revising the first sentence to 
read as follows:


Sec. 416.428  Eligible individual without an eligible spouse has an 
essential person in his home.

    When an eligible individual without an eligible spouse has an 
essential person (as defined in Sec. 416.222 of this part) in his home, 
the amount by which his rate of payment is increased is determined in 
accordance with Secs. 416.220 through 416.223 and with 416.413 of this 
part.
* * * * *

Subpart G--[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 416.702 is amended by revising the second sentence of 
the definition for ``Essential person'' to read as follows:


Sec. 416.702  Definitions.

* * * * *
    Essential person means  * * * (See Secs. 416.220 through 416.223 of 
this part.)
* * * * *

Subpart I--[Amended]

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

    Authority: Secs. 702(a)(5), 1611, 1614, 1619, 1631(a), (c), and 
(d)(1), and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 
1382, 1382c, 1382h, 1383(a), (c), and (d)(1), and 1383b); secs. 4(c) 
and 5, 6(c)-(e), 14(a), and 15, Pub. L. 98-460, 98 Stat. 1794, 1801, 
1802, and 1808 (42 U.S.C. 421 note, 423 note, 1382h note).


    6. Section 416.929 is amended by revising the last sentence of 
paragraph (d)(4) to read as follows:

[[Page 16815]]

Sec. 416.929  How we evaluate symptoms, including pain.

* * * * *
    (d) * * *
    (4) * * * (See Sec. 416.945 and Secs. 416.924a through 416.924c.)
    7. Section 416.993 is amended by revising the last sentence of 
paragraph (a) to read as follows:


Sec. 416.993  Medical evidence in continuing disability review cases.

    (a) * * * See Secs. 416.987 and 416.994.
* * * * *
    8. Section 416.994a is amended by revising paragraph (g)(4) and 
(g)(6) to read as follows:


Sec. 416.994a  How we will determine whether your disability continues 
or ends, and whether you are and have been receiving treatment that is 
medically necessary and available, disabled children.

* * * * *
    (g) * * *
    (4) The first month in which you fail without good cause to follow 
prescribed treatment, when the rule set out in paragraph (f)(4) of this 
section applies;
* * * * *
    (6) The first month in which you failed without good cause to do 
what we asked, when the rule set out in paragraph (f)(2) of this 
section applies.
* * * * *

Subpart K--[Amended]

    9. 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).


    10. Section 416.1104 is amended by revising the sixth sentence to 
read as follows:


Sec. 416.1104  Income we count.

    * * * These rules are described in Secs. 416.1130 through 416.1148 
of this part.
* * * * *

Subpart L--[Amended]

    11. 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, 
Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).


    12. Section 416.1202 is amended by revising the first sentence of 
paragraph (a) to read as follows:


Sec. 416.1202  Deeming of resources.

    (a) Married individual. In the case of an individual who is living 
with a person not eligible under this part and who is considered to be 
the husband or wife of such individual under the criteria in 
Secs. 416.1802 through 416.1835 of this part, such individual's 
resources shall be deemed to include any resources, not otherwise 
excluded under this subpart, of such spouse whether or not such 
resources are available to such individual.
* * * * *

Subpart M--[Amended]

    13. 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).

    14. Section 416.1323 is amended by revising the first sentence of 
paragraph (a) to read as follows:


Sec. 416.1323  Suspension due to excess income.

    (a) Effective date. Suspension of payments due to ineligibility for 
benefits because of excess income is effective with the first month in 
which ``countable income'' (see Secs. 416.1100 through 416.1124 of this 
part) equals or exceeds the amount of benefits otherwise payable for 
such month (see subpart D of this part).
* * * * *
    15. Section 416.1336 is amended by revising the fourth sentence in 
paragraph (b) to read as follows:


Sec. 416.1336  Notice of intended action affecting recipient's payment 
status.

* * * * *
    (b) * * * Where the request for the appropriate appellate review is 
filed more than 10 days after the notice is received but within the 60-
day period specified in Sec. 416.1413 or Sec. 416.1425 of this part, 
there shall be no right to continuation or reinstatement of payment at 
the previously established level unless good cause is established under 
the criteria specified in Sec. 416.1411 of this part for failure to 
appeal within 10 days after receipt of the notice.
* * * * *

Subpart N--[Amended]

    16. The authority citation for subpart N of part 416 continues to 
read as follows:

    Authority: Secs. 702(a)(5), 1631, and 1633 of the Social 
Security Act (42 U.S.C. 902(a)(5), 1383, and 1383b); 31 U.S.C. 
3720A.

    17. Section 416.1442 is amended by revising paragraph (f)(1) to 
read as follows:


Sec. 416.1442  Prehearing proceedings and decisions by attorney 
advisors.

* * * * *
    (f) * * *
    (1) Authorize an attorney advisor to exercise the functions 
performed by an administrative law judge under Secs. 416.920a, 416.927, 
and 416.946;
* * * * *

Subpart R--[Amended]

    18. The authority citation for subpart R of part 416 continues to 
read as follows:

    Authority: Secs. 702(a)(5), 1614(b), (c), and (d), and 
1631(d)(1) and (e) of the Social Security Act (42 U.S.C. 902(a)(5), 
1382c(b), (c), and (d), and 1383(d)(1) and (e)).

    19. Section 416.1801 is amended by revising the definition of 
``Spouse'' in paragraph (c) to read as follows:


Sec. 416.1801  Introduction.

* * * * *
    (c) * * *
    Spouse means a person's husband or wife under the rules of 
Secs. 416.1806 through 416.1835 of this part.
* * * * *

Subpart T--[Amended]

    20. 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. 902(a)(5), 1382e, 1382g, and 1383); sec. 
212, Pub. L. 93-66, 87 Stat. 155 (42 U.S.C. 1382 note); sec. 8(a), 
(b)(1)-(b)(3), Pub. L. 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), Pub. L. 93-335, 88 Stat. 291 (42 U.S.C. 1382 note, 
1382e note).

    21. Section 416.2045 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec. 416.2045  Overpayments and underpayments; federally administered 
supplementation.

    (a) * * * Rules and requirements (see Secs. 416.550 through 
416.586) in effect for recovery (or waiver) of supplemental security 
income benefit overpayments shall also apply to the recovery (or 
waiver) of federally administered State supplementary overpaid amounts.
* * * * *
    22. Section 416.2096 is amended by revising the second sentence of 
paragraph (c)(5) to read as follows:


Sec. 416.2096  Basic pass-along rules.

* * * * *

[[Page 16816]]

    (c) * * *
    (5) * * * For purposes of Sec. 416.2090 of this part, which 
discusses the rules for limitation on fiscal liability of States (hold 
harmless), these retroactive adjustments are State expenditures when 
made and shall be counted as a State expenditure in the fiscal year in 
which the adjustments are made.
* * * * *

PART 422--ORGANIZATION AND PROCEDURES

Subpart B--[Amended]

    1. The authority citation for subpart B of part 422 continues to 
read as follows:

    Authority: Secs. 205, 232, 702(a)(5), 1131, and 1143 of the 
Social Security Act (42 U.S.C. 405, 432, 902(a)(5), 1320b-1, and 
1320b-13).

    2. Section 422.125 is amended by revising paragraph (c) to read as 
follows:


Sec. 422.125  Statements of earnings; resolving earnings discrepancies.

* * * * *
    (c) Detailed earnings statements. A more detailed earnings 
statement will be furnished upon request, generally without charge, 
where the request is program related under Sec. 402.170 of this part. 
If the request for a more detailed statement is not program related 
under Sec. 402.170 of this part, a charge will be imposed according to 
the guidelines set out in Sec. 402.175 of this part.
* * * * *
    3. Section 422.130 is amended by revising the third sentence of 
paragraph (a) to read as follows:


Sec. 422.130  Claim procedure.

    (a) * * * See Sec. 404.614 of this chapter for offices at which 
applications may be filed.
* * * * *
    4. Section 422.135 is amended by revising the last sentence of 
paragraph (a) to read as follows:


Sec. 422.135  Reports by beneficiaries.

    (a) * * * (See Secs. 404.415 et seq. and 404.1571 of this chapter.)
* * * * *
[FR Doc. 00-7639 Filed 3-29-00; 8:45 am]
BILLING CODE 4191-02-U