[Federal Register Volume 59, Number 155 (Friday, August 12, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-19711] [[Page Unknown]] [Federal Register: August 12, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Social Security Administration 20 CFR Part 416 [Reg. No. 16] RIN 0960-AD81 Supplemental Security Income for the Aged, Blind, and Disabled; Eligibility for Children of Armed Forces Personnel Residing Outside the United States Other Than in Foreign Countries AGENCY: Social Security Administration, HHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule reflects the provisions of section 13734 of the Omnibus Budget Reconciliation Act of 1993, Public Law (Pub. L.) 103-66, which amended section 1614(a)(1)(B)(ii) of the Social Security Act (the Act). Effective November 1, 1993, these provisions remove the restriction that children of armed forces personnel stationed in Puerto Rico or the territories or possessions of the United States may not continue to be eligible for supplemental security income (SSI) benefits while living outside the United States. EFFECTIVE DATES: This rule is effective on August 12, 1994. FOR FURTHER INFORMATION CONTACT: Regarding this Federal Register document--Henry D. Lerner, Legal Assistant, Office of Regulations, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235, (410) 965-1762; regarding eligibility or filing for benefits--our national toll-free number, 1- 800-772-1213. SUPPLEMENTARY INFORMATION: This regulation reflects the provisions of section 13734 of the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, which amended section 1614(a)(1)(B)(ii) of the Act. Effective November 1, 1993, section 1614(a)(1)(B)(ii) provides that SSI benefits may continue to be paid to blind or disabled children who are United States citizens and accompany their military parent(s) to assignments in Puerto Rico or the territories or possessions of the United States, if the children were eligible for SSI benefits for the month before the parent reported for duty overseas. Section 13734 expands coverage to blind or disabled children whose military parents are assigned to permanent duty ashore anywhere outside the United States. Prior legislation (sec. 8009 of Pub. L. 101-239) and implementing regulations allowed the continuation of SSI payments to children whose parents were stationed in foreign countries as of April 1990, but did not permit the continuation of SSI payments to the children of military parents who were based in Puerto Rico or the United States territories or possessions. We are amending Sec. 416.215 to reflect that eligibility for SSI benefits may continue for a child living outside the United States when the child:Is a citizen of the United States; Is living with a parent who is a member of the armed forces of the United States assigned to permanent duty ashore outside the United States; and Was eligible for an SSI benefit (including any federally administered State supplementary payment) for the month before the parent reported for such duty. Regulatory Procedures The Department, even when not required by statute, as a matter of policy generally follows the Administrative Procedure Act (APA) notice of proposed rulemaking (NPRM) and public comment procedures specified in 5 U.S.C. 553 in the development of its regulations. The APA provides exceptions to its 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 NPRM and public comment procedures in this case. Good cause exists because this regulation is of a technical nature and involves no discretionary policy. Therefore, opportunity for prior comment is unnecessary, and we are issuing these changes to our regulations as a final rule. Executive Order 12866 This final rule does not meet the criteria for a significant regulatory action under section 3(f) of Executive Order (E.O.) 12866 and, thus, is not subject to Office of Management and Budget (OMB) review under E.O. 12866. Paperwork Reduction Act of 1980 This regulation imposes no new reporting or recordkeeping requirements subject to OMB clearance. Regulatory Flexibility Act We certify that this regulation, if promulgated, will not have a significant economic impact on a substantial number of small entities because it affects only individuals. Therefore, a regulatory flexibility analysis as provided in Pub. L. 96-354, the Regulatory Flexibility Act, is not required. (Catalog of Federal Domestic Assistance Program No. 93.807, 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: June 27, 1994. Shirley Chater, Commissioner of Social Security. Approved: August 5, 1994. Donna E. Shalala, Secretary of Health and Human Services. Part 416 of Chapter III of title 20 of the Code of Federal Regulations is amended as follows: 1. The authority citation for subpart B of part 416 continues to read as follows: Authority: Secs. 1102, 1110(b), 1602, 1611, 1614, 1615(c), 1619(a), 1631, and 1634 of the Social Security Act; 42 U.S.C. 1302, 1310(b), 1381a, 1382, 1382c, 1382d(c), 1382h(a), 1383, and 1383c; sec. 211 and 212 of Pub. L. 93-66, 87 Stat. 154 and 155; sec. 502(a) of Pub. L. 94-241, 90 Stat. 268; sec. 2 of Pub. L. 99-643, 100 Stat. 3574. 2. Section 416.215 is amended by revising paragraph (a) to read as follows: Sec. 416.215 You are a child of armed forces personnel living overseas. (a) General rule. You may be eligible for continuation of SSI benefits if you live overseas and if-- (1) You are a child as described in Sec. 416.1856; (2) You are a citizen of the United States; (3) You are living with a parent as described in Sec. 416.1881 who is a member of the armed forces of the United States assigned to permanent duty ashore outside the United States; and (4) You were eligible for an SSI benefit (including any federally administered State supplementary payment) for the month before your parent reported for such duty. * * * * * [FR Doc. 94-19711 Filed 8-11-94; 8:45 am] BILLING CODE 4190-29-M