[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Rules and Regulations]
[Pages 48855-48857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22883]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2008-0047]
RIN 0960-AG62
Payments to Beneficiaries Residing in Vietnam and Cambodia and
Other Conforming Changes
AGENCY: Social Security Administration.
ACTION: Final rule.
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SUMMARY: We are revising our regulation to remove Vietnam and
Democratic Kampuchea (now Cambodia) from the list of countries to which
social security benefits may not be sent under restrictions imposed by
the Department of the Treasury (Treasury). This revision reflects
published Treasury regulations that removed the restrictions on sending
Federal payments to beneficiaries living in those countries. In
addition, we are updating the citation for Treasury's authority to
restrict payments to beneficiaries living in certain countries and
correcting a typographical error in one of the section headings.
DATES: This regulation is effective September 25, 2009.
FOR FURTHER INFORMATION CONTACT: Rebecca Tothero, Social Insurance
Specialist, Office of International Programs, 3700 Operations, Social
Security Administration, 6401 Security Boulevard, Baltimore, Maryland
21235-6401, (410) 966-6975.
For information on eligibility or filing for benefits, call our
national toll-free number, 1-800-772-1213 or visit our Internet Web
site, SSA Online, at http://www.ssa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is available on the date of
publication in
[[Page 48856]]
the Federal Register at http://www.gpoaccess.gov/fr/index.html.
Background
We cannot pay monthly title II benefits to any beneficiary for any
month in which he or she resides in a country to which Treasury
prohibits sending benefit checks. 31 U.S.C. 3329. Those countries are
identified in the Treasury regulation which imposes the payment
restriction as well as in a corresponding regulation promulgated by the
Social Security Administration. 31 CFR 211.1 and 20 CFR 404.460(c)(3).
On August 12, 1996, Treasury published a final rule permitting delivery
of Treasury checks to beneficiaries living in Vietnam. 61 FR 41739.
Treasury published a similar final rule on December 10, 2001,
permitting delivery of Treasury checks to beneficiaries living in
Cambodia. 66 FR 63623.
Since the enactment of those rules, we have provided payment to
beneficiaries living in Vietnam and Cambodia. However, our regulations
were not updated to reflect the changes in Treasury's rules. We are
removing Vietnam and Democratic Kampuchea from the list of countries
subject to alien payment restrictions consistent with the change in
policy implemented by Treasury. 20 CFR 404.460(c)(3).
In addition, our current regulation contains an outdated citation
for Treasury's statutory authority to withhold payments to
beneficiaries living in certain countries. We are revising Sec.
404.460(b)(2)(ii), (c)(1), and (c)(2), to refer to the appropriate
statute. Additionally, we are correcting a typographical error in the
heading of Sec. 404.460.
Regulatory Procedures
We follow the Administrative Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553 in the development of our
regulations. The Social Security Act, 702(a)(5); 42 U.S.C. 902(a)(5).
Generally, the APA requires that an agency provide prior notice and
opportunity for public comment before issuing a final regulation. The
APA provides exceptions to the notice and comment requirements when an
agency finds there is good cause for dispensing with such procedures
because they are impracticable, unnecessary, or contrary to the public
interest.
We are issuing this revised regulation as a final rule. We have
determined that good cause exists for dispensing with the notice and
public comment procedures. See 5 U.S.C. 553(b)(B). The revised
regulation merely expands the list of countries to which we can send
benefits checks, consistent with current Treasury regulations. We are
not exercising any discretion. Further delay in revising our regulation
could mislead the public and is, therefore, contrary to the public
interest.
In addition, for the reasons cited above, we also find good cause
for dispensing with the 30-day delay in the effective date of this
final rule. 5 U.S.C. 553(d)(3). As the superseding Treasury rule change
is already in effect, it is contrary to the public interest to delay
the effective date of our conforming rule change. We therefore find it
is in the public interest to make this change effective with the
publication date of this final rule.
Executive Order 12866
The Office of Management and Budget (OMB) has reviewed this final
rule in accordance with Executive Order 12866. We have also determined
that this final rule meets the plain language requirements of the
Executive Order.
Regulatory Flexibility Act
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities as it affects
only individuals. Therefore, a regulatory flexibility analysis as
provided in the Regulatory Flexibility Act, as amended, is not
required.
Paperwork Reduction Act
This final regulation imposes no reporting or recordkeeping
requirements requiring OMB clearance.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security--Disability Insurance; 96.002, Social Security--Retirement
Insurance; 96.004, Social Security--Survivors Insurance)
List of Subjects in 20 CFR Part 404
Administrative practice and procedure, Blind, Disability benefits,
Old-Age, Survivors and Disability Insurance, Reporting and
recordkeeping requirements, Social Security.
Dated: July 30, 2009.
Michael J. Astrue,
Commissioner of Social Security.
0
For the reasons set forth in the preamble, we are amending subpart E of
part 404 of Title 20 of the Code of Federal Regulations as follows:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart E--[Amended]
0
1. 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),
216(l), 222(c), 223(e), 224, 225, 702(a)(5) and 1129A of the Social
Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c),
416(l), 422(c), 423(e), 424a, 425, 902(a)(5), and 1320a-8a and 48
U.S.C. 1801.
0
2. In Sec. 404.460, revise the section heading and paragraphs
(b)(2)(ii), (c)(1), (c)(2) introductory text, and (c)(3) to read as
follows:
Sec. 404.460 Nonpayment of monthly benefits to aliens outside the
United States.
* * * * *
(b) * * *
(2) * * *
(ii) Except that, effective with July 1968, Sec. 404.460(b)(2)(i)
does not apply if:
(A) The beneficiary is a citizen of a country with a social
insurance or pension system meeting the conditions described in
paragraphs (b)(7)(i), (ii), and (iii) of this section but does not meet
the condition described in paragraph (b)(7)(iv) of this section; or
(B) The beneficiary is a citizen of a country with no social
insurance or pension system of general application and at any time
within 5 years before January 1968 (or the first month after December
1967 in which benefits are subject to suspension pursuant to paragraph
(a) of this section) such beneficiary was residing in a country to
which payments were withheld by the Treasury Department pursuant to
Vol. II, 31 U.S.C. 3329. See Sec. 404.460(c).
* * * * *
(c) Nonpayment of monthly benefits to aliens residing in certain
countries--(1) Benefits for months after June 1968. Notwithstanding the
provisions of paragraphs (a) and (b) of this section, we cannot pay
monthly benefits for any month after June 1968 to anyone not a citizen
or national of the United States for any month while residing in a
country to which payments are being withheld by the Treasury Department
pursuant to Vol. II, 31 U.S.C. 3329.
(2) Benefits for months before July 1968. If a person who is not a
United States citizen or national is entitled to receive benefits under
title II of the Social Security Act, and was residing in a country
where the Treasury Department withheld benefits on June 30, 1968
pursuant to Vol. II, 31 U.S.C. 3329, benefits cannot be paid. However,
if the Treasury Department subsequently removes that restriction, a
person who is not a United States citizen or national may be able to be
paid benefits to which they were entitled for months prior to July
1968. Benefits cannot be paid,--
* * * * *
(3) List of countries under Treasury Department alien payment
restriction.
[[Page 48857]]
The Treasury Department is currently withholding payments to persons
residing in the following countries pursuant to Vol. II, 31 U.S.C.
3329. We will publish future additions to or deletions from the list of
countries in the Federal Register: Cuba, North Korea.
* * * * *
[FR Doc. E9-22883 Filed 9-24-09; 8:45 am]
BILLING CODE 4191-02-P