[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Proposed Rules]
[Pages 45110-45111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21496]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Regulations No. 16]
RIN 0960-AD90
Evidence of Lawful Admission for Permanent Residence in the
United States (U.S.)
AGENCY: Social Security Administration.
ACTION: Proposed rule.
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SUMMARY: This proposed regulation sets forth the type of documentation
required for an alien to establish the status of lawfully admitted for
permanent residence for eligibility purposes under the Supplemental
Security Income (SSI) program. The Immigration and Naturalization
Service (INS), the Agency responsible for determining alien status and
issuing documents certifying alien status in the U.S., is changing its
policy with regard to what constitutes definitive evidence of lawful
permanent resident alien status. In this proposed SSI regulation, we
are removing references to specific INS form numbers and substituting a
general reference to an Alien Registration Receipt Card issued under
current INS regulations. Thus, SSA's regulations will be broad enough
not only to be consistent with the new INS policy when it becomes
operational, but also to accommodate future INS regulatory changes
regarding acceptable documentary evidence of lawful permanent resident
alien status. In the future, SSA will not have to revise its
regulations to conform to changes in INS policy unless the form name
changes. Historically, the form name has remained the same.
DATES: To be sure that your comments are considered, we must receive
them no later than October 30, 1995.
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 regulations@ssa.gov,'' 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. If
you have any comments or suggestions on the estimate shown for the
Paperwork Reduction Act, write to the Social Security Administration,
ATTN: Reports Clearance Officer, 1-A-21 Operations Building, Baltimore,
MD 21235, and to the Office of Management and Budget, Paperwork
Reduction Project (0960-0451), Washington, D.C. 20503.
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.
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: To be eligible for SSI benefits, 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. Our regulation at
Sec. 416.1615(a)(1) sets forth the types of alien registration
documents issued by INS which constitute valid evidence of lawful
permanent residence status.
INS is responsible for determining alien status and issuing
documents certifying alien status within the U.S. INS does, when
necessary, revise its regulations specifying acceptable documentation
of alien status.
Aliens who are lawfully admitted for permanent residence and who
apply for SSI benefits are required to submit evidence of lawful
permanent residence status to be eligible for benefits. Such evidence
must be a valid document issued by INS under current INS policy.
On September 20, 1993, INS published a final rule at 58 FR 48775 to
terminate the validity of several older versions of the Alien
Registration Receipt Card and to establish the Alien Registration
Receipt Card, I-551, as the exclusive alien registration card for the
use of permanent resident aliens. This INS rule originally was to have
been effective on September 20, 1994. However, INS subsequently
published two notices in the Federal Register (on September 14, 1994 at
59 FR 47063 and on March 17, 1995 at 60 FR 14353, to delay the
effective date of this rule. The rule is now scheduled to become
effective on March 20, 1996. As a result of the INS regulatory change,
lawful permanent resident aliens must replace previously issued
obsolete forms, such as the I-151, AR-3, AR-3a and AR-103, with the
current Alien Registration Receipt Card, Form I-551 by March 20, 1996.
SSA's current regulation on evidence of lawful permanent resident
status specifies the form numbers of all currently acceptable versions
of the INS Alien Registration Receipt Card. Thus, any INS policy which
changes acceptable documentation of alien status, such as the change
presently effective March 20, 1996, requires SSA to revise its
regulation to conform to those changes. We want to ensure that our
regulation not only reflects current INS policy on alien status
documentation but is broad enough to encompass changes INS might make
in the future.
Therefore, in this proposed regulation, we are removing references
in Sec. 416.1615(a)(1) to specific INS form numbers which will be
obsolete as of the effective date of INS' new regulatory change, and
substituting a single reference to the Alien Registration Receipt Card
issued under current INS regulations. As revised, our regulation simply
indicates that the individual must submit an Alien Registration Receipt
Card which is issued by INS in accordance with that Agency's current
regulations.
Regulatory Procedures
Regulatory Flexibility Act
We certify that this proposed regulation will not have a
significant economic impact on a substantial number of small entities
because it only affects individuals who claim benefits under title XVI
of the Social Security Act. Therefore, a regulatory flexibility
analysis as provided in Pub. L. 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 this proposed rule does not meet the criteria for a
significant regulatory action under Executive Order 12866. Thus, it was
not subject to OMB review.
[[Page 45111]]
Paperwork Reduction Act
This proposed regulation revises paragraph (a)(1) of Sec. 416.1615.
Section 416.1615 of the regulations contains reporting requirements. We
would normally seek approval of these requirements (under the Paperwork
Reduction Act) from OMB. We are not doing so because we already have
clearance from OMB to collect this information under OMB No. 0960-0451.
Public reporting burden for this collection of information is
estimated to average 5 minutes per response. This includes the time it
will take to read the instructions, gather the necessary facts, and
provide the information. We expect approximately 234,800 claimants per
year will be responding, and estimate the total burden to be 19,567
hours. If you have any comments or suggestions on this estimate, see
the Addresses section of this document.
(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: August 23, 1995.
Shirley S. Chater,
Commissioner of Social Security.
For the reasons set forth in the preamble, subpart P of part 416 of
chapter III of title 20 of the Code of Federal Regulations is amended
as set forth below.
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND AND
DISABLED
1. The authority citation for subpart P of part 416 is revised 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; sec. 502 of Pub. L. 94-241, 90 Stat. 268; sec. 302 of
Pub. L. 101-649, 104 Stat. 4978.
2. Section 416.1615 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 416.1615 How to prove you are lawfully admitted for permanent
residence in the United States.
(a) * * *
(1) An Alien Registration Receipt Card issued by the Immigration
and Naturalization Service (INS) in accordance with that Agency's
current regulations;
* * * * *
[FR Doc. 95-21496 Filed 8-29-95; 8:45 am]
BILLING CODE 4190-29-P
