This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

13217 

Vol. 86, No. 43 

Monday, March 8, 2021 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 849 

RIN 3206–AO08 

Representative Payees Under the Civil 

Service Retirement System and 

Federal Employees’ Retirement 

System 

AGENCY: Office of Personnel 

Management. 

ACTION: Proposed rule. 

SUMMARY: The Office of Personnel 

Management (OPM) is issuing a 

proposed rule to promulgate regulations 

which administer the representative 

payee program authorized by statute. 

This proposed rule is necessary to 

ensure proper procedures for annuity 

payments due minors or individuals 

who are mentally incompetent or under 

other legal disability and are unable to 

manage their respective payments. 

DATES: Send comments on or before 

May 7, 2021. 

ADDRESSES: You may submit comments 

identified by docket number and/or 

Regulatory Information Number (RIN) 

and title, by the following method: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

All submissions received must 

include the agency name and docket 

number or RIN for this document. The 

general policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing at http://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Michael Shipley, (202) 606–0299. 

SUPPLEMENTARY INFORMATION: Under the 

Civil Service Retirement System (CSRS), 

the provisions of Public Law 89–554, 

Sept. 6, 1966, 80 Stat. 582 authorized 

the United States Civil Service 

Commission, precursor to the United 

States Office of Personnel Management 

(OPM), to make payments due a minor 

or an individual mentally incompetent, 

or under other legal disability, to a 

person who is constituted guardian or 

other fiduciary by the law of the State 

of residence of the claimant or any 

person, who in the judgment of the 

Commission, is responsible for the care 

of the claimant. Similarly, the Federal 

Employees’ Retirement System (FERS) 

Act of 1986, Public Law 99–335, Title I, 

section 101(a), June 6, 1986, 100 Stat. 

575, authorized OPM to make the same 

payments under FERS. According to 

these statutes, OPM has historically 

authorized these payments to 

individuals, and in some instances, 

organizations on behalf of the annuitant 

as representative payees. 

On March 18, 2020, Congress enacted 

Public Law 116–126, 134 Stat. 174–177 

(2020), the Representative Payee Fraud 

Prevention Act of 2019 (the Act), which 

made numerous changes to existing 

statutes regarding representative payees. 

First the Act officially defined the term 

representative payee under both CSRS 

and FERS as the ‘‘person (including an 

organization) designated . . . to receive 

payment on behalf of a minor or an 

individual mentally incompetent or 

under other legal disability’’ at 5 U.S.C. 

8331(33) and 5 U.S.C. 8401(39), 

respectively. Ensuring that organization 

was added to the definition recognizes 

that other entities, such as agencies, 

institutions, nursing homes, et al., may 

serve as representative payees. 

Congress also enacted 5 U.S.C. 8345a 

and 8466a to address the embezzlement 

or conversion of payments. Congress 

made it unlawful for a representative 

payee to use the funds received as a 

representative payee for any use other 

than the use and benefit of the 

individual on whose behalf the 

payments were received. OPM was 

given the authority to revoke 

certification as a representative payee, if 

we determine that a representative 

payee has embezzled or converted the 

annuity payments, and to certify 

payments to another representative 

payee or directly to the annuitant. 

Congress set forth the penalty for misuse 

of benefits by a representative payee, 

under title 18 U.S.C., as a fine, 

imprisonment for not more than 5 years, 

or both. 

Furthermore, in selecting a 

representative payee, OPM was granted 

authority to defer or suspend the 

annuity payment until a representative 

payee is located, if we determine that 

paying the annuitant directly would 

cause substantial harm to the annuitant. 

Substantial harm exists if both of the 

following conditions exist: 

(1) Direct payment of benefits can be 

expected to cause serious physical or 

mental injury to the individual; and 

(2) The potential effect of the injury 

outweighs the effect of having no 

income to meet the basic needs of the 

individual. 

We have included this language 

concerning substantial harm to the 

proposed regulations. 

Finally, the Act created limitations on 

who can be appointed as a 

representative payee. Individuals that 

have been convicted of a violation of: (1) 

5 U.S.C. 8345a or 8466a; (2) section 208 

or 1632 of the Social Security Act (42 

U.S.C. 408, 1383a); or (3) section 6101 

of title 38, are barred from serving as a 

representative payee. 

OPM is promulgating the proposed 

regulations to fully implement and 

administer the representative payee 

program for CSRS and FERS. The 

regulations are required to prevent 

misuse and fraud by representative 

payees. 

Regulatory Impact Analysis 

OPM has examined the impact of this 

proposed rule as required by Executive 

Order 12866 and Executive Order 

13563, which directs agencies to assess 

all costs and benefits of available 

regulatory alternatives and, if regulation 

is necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public, health, and 

safety effects, distributive impacts, and 

equity). A regulatory impact analysis 

must be prepared for major rules with 

economically significant effects of $100 

million or more in any one year. This 

rule was not designated as a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. 

Regulatory Flexibility Act 

The Office of Personnel Management 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Federalism 

We have examined this rule in 

accordance with Executive Order 13132, 


jbell on DSKJLSW7X2PROD with PROPOSALS
13218 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 

Federalism, and have determined that 

this rule will not have any negative 

impact on the rights, roles and 

responsibilities of State, local, or tribal 

governments. 

Civil Justice Reform 

This regulation meets the applicable 

standard set forth in Executive Order 

12988. 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Congressional Review Act 

This action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of 

nonagency parties and, accordingly, is 

not a ‘‘rule’’ as that term is used by the 

Congressional Review Act (Subtitle E of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA)). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

Paperwork Reduction Act 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor shall any person be subject to a 

penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. 

OPM believes the changes proposed 

in this document do not impose 

additional information collection 

requirements to the paperwork burden 

previously approved for the following 

Office of Management and Budget 

Control numbers: 

• 3206–0140—Representative Payee 

Application/Information Necessary for a 

Competency Determination which is 

comprised of 2 forms—an application 

form with a burden of 30 minutes and 

a separate form for a competency 

determination with a burden of 60 

minutes. 

• 3206–0208—Representative Payee 

Survey with a burden of 20 minutes. 

These burden numbers include time 

for reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. The systems of record 

notice for this collection is: https://

www.opm.gov/informationmanagement/privacy-policy/sorn/opmsorn-central-1-civil-service-retirementand-insurance-records.pdf. (OPM SORN 

CENTRAL–1–Civil Service Retirement 

and Insurance Records.) 

List of Subjects in 5 CFR Part 849 

Claims, Disability benefits, Fraud, 

Pensions, Retirement. 

Office of Personnel Management. 

Alexys Stanley, 

Regulatory Affairs Analyst. 

For the reasons stated in the 

preamble, the Office of Personnel 

Management proposes to add 5 CFR part 

849 to read as follows: 

PART 849—REPRESENTATIVE 

PAYEES 

Subpart A—General Provisions 

Sec. 

849.101 Applicability and purpose. 

849.102 Definitions. 

849.103 Implementing directives. 

Subpart B—Determining Whether or Not 

Representative Payment Is Appropriate 

849.201 When to make payment to a 

representative payee. 

849.202 Payment of annuity while finding a 

suitable representative payee. 

849.203 Information considered in 

determining whether to appoint a 

representative payee. 

Subpart C—Selection of a Representative 

Payee 

849.301 Information considered in selecting 

a representative payee. 

849.302 Order of preference in selecting a 

representative payee. 

849.303 Individuals who may not serve as 

a representative payee. 

849.304 Selecting a representative payee. 

849.305 Notice of determination to select a 

representative payee. 

Subpart D—Responsibility and 

Accountability of a Representative Payee 

849.401 Responsibilities of a representative 

payee. 

849.402 Use of payments. 

849.403 Accountability of a representative 

payee. 

Subpart E—Misuse of Annuity by a 

Representative Payee 

849.501 Misuse of benefits by a 

representative payee. 

849.502 Liability for misused funds. 

Subpart F—Changes to the Representative 

Payee 

849.601 When new a representative payee 

will be selected. 

849.602 When representative payments will 

be stopped. 

849.603 Transfer of conserved or 

accumulated funds. 

Authority: 5 U.S.C. 8331; 5 U.S.C. 8345(e)– 

(f); 5 U.S.C. 8345a; 5 U.S.C. 8401; 5 U.S.C. 

8461; 5 U.S.C. 8466(c)–(d); 5 U.S.C. 8466a. 

Subpart A—General Provisions 

§ 849.101 Applicability and purpose. 

This part contains regulations of the 

Office of Personnel Management (OPM) 

to implement the provisions 5 U.S.C. 

8345(e)–(f), 8345a, 8466(c)–(d), and 

8466a regarding payment of an annuity 

to a representative payee. This part 

establishes the criteria OPM uses to 

determine if representative payments 

are appropriate, the information OPM 

uses to select a representative payee, the 

responsibilities of a representative 

payee, the accountability of a 

representative payee, the limitations on 

the appointment of a representative 

payee, and the definition of and penalty 

for misuse of benefits by the 

representative payee. 

§ 849.102 Definitions. 

As used in this part: 

Agency means the Office of Personnel 

Management (OPM). 

CSRS means the Civil Service 

Retirement System as described in 

subchapter III of chapter 83 of title 5, 

United States Code. 

FERS means the Federal Employees’ 

Retirement System as described in 

chapter 84 of title 5, United States Code. 

Misuse of benefits means the 

embezzlement or conversion of all or 

any part of the amount received by the 

representative payee for a use other than 

for the use and benefit of the minor or 

individual on whose behalf such 

payments were received. 

Representative payee means a person, 

who is at least 18 years of age, or an 

organization designated to receive 

annuity payments on behalf of a minor 

or an individual mentally incompetent 

or under other legal disability. 

§ 849.103 Implementing directives. 

The Director may prescribe, in the 

form he or she deems appropriate, such 

detailed procedures as are necessary to 

carry out the purpose of this part. 

Subpart B—Determining Whether or 

Not Representative Payment is 

Appropriate 

§ 849.201 When to make payment to a 

representative payee. 

The agency will make payment to a 

representative payee— 

(a) If payments are due to a minor 

under the age of 18; or 

(b) If payments are due to an 

annuitant or survivor who is mentally 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 13219 

incompetent or under other legal 

disability; or 

(c) If payments are due to an 

annuitant when the annuitant is 

physically or mentally incapable of 

managing or directing the management 

of his or her benefit. 

§ 849.202 Payment of annuity while finding 

a suitable representative payee. 

(a) Annuity payments will be made 

directly to the annuitant or survivor 

annuitant while a suitable 

representative payee is located, unless 

the agency determines that direct 

payment would cause substantial harm 

to the individual. 

(b) Substantial harm exists if both of 

the following conditions exist: 

(1) Direct payment of benefits can be 

expected to cause serious physical or 

mental injury to the individual; and 

(2) The potential effect of the injury 

outweighs the effect of having no 

income to meet the basic needs of the 

individual. 

(c) If the agency determines that direct 

payment of benefits would cause 

substantial harm to the annuitant, 

annuity payments may be deferred (in 

the case of initial entitlement to 

benefits) or suspended (in the case of 

existing entitlement to benefits) until 

such time as a representative payee is 

appointed. 

(d) Annuity payments will commence 

or resume as soon as practicable and 

will include all retroactive payments 

due to be paid. 

§ 849.203 Information considered in 

determining whether to appoint a 

representative payee. 

In determining whether to appoint a 

representative payee, the agency will 

consider the following information: 

(a) Evidence of legal guardianship or 

other court determinations. Evidence of 

the appointment of a legal guardian or 

other person legally vested with the care 

of the individual or estate of an 

incompetent or a minor shall be a 

certified copy of the court’s 

determination. 

(b) Medical evidence. The agency will 

use medical evidence to help determine 

whether an annuitant is capable of 

managing or directing the management 

of benefit payments. For example, a 

statement by a physician or other 

medical professional, based upon his or 

her recent examination of the annuitant 

and his or her knowledge of the 

annuitant’s present condition, will be 

used in the agency’s determination, if it 

includes information concerning the 

nature of the annuitant’s illness or 

disability, the annuitant’s chances for 

recovery and the opinion of the 

physician or other medical professional 

as to whether the annuitant is able to 

manage or direct the management of 

benefit payments. 

(c) Other evidence. The agency may 

also require statements of relatives, 

friends, or other people in a position to 

know and observe the annuitant, which 

contain information helpful to the 

agency in deciding whether the 

annuitant is able to manage or direct the 

management of benefit payments. 

Subpart C—Selection of a 

Representative Payee 

§ 849.301 Information considered in 

selecting a representative payee. 

The goal in selecting a payee is to 

select the person, organization, or 

institution that will best serve the 

interest of the annuitant. In making the 

selection, the agency considers— 

(a) The age of the representative payee 

applicant. An individual must be over 

the age of 18 to serve as a representative 

payee, except as listed in § 849.303(a); 

(b) The relationship of the person, 

organization, or institution to the 

annuitant; 

(c) Legal authority, in the form of 

conservatorship or guardianship, that 

the person, organization or institution 

has to act on behalf of the annuitant; 

(d) The amount of concern that the 

person or organization shows in the 

annuitant; 

(e) Whether the potential payee has 

custody of the annuitant; 

(f) Whether the potential payee is in 

a position to know of and look after the 

needs of the annuitant; 

(g) Whether the representative payee 

applicant is currently serving, or has 

previously served, as a representative 

payee for other annuitants; and 

(h) The potential representative 

payee’s criminal history. 

§ 849.302 Order of preference in selecting 

a representative payee. 

As a guide in selecting a 

representative payee, categories of 

preferred payees are set out in 

paragraphs (a) through (e) of this 

section. The primary concern of the 

agency is to select the payee who will 

best serve the annuitant’s interest. The 

preferences, in descending order of 

importance, are: 

(a) A legal conservator, guardian, 

spouse, or other relative who has 

custody or guardianship of the 

annuitant or who demonstrates strong 

concern for the personal welfare of the 

annuitant; 

(b) A friend or neighbor who has 

custody or guardianship of the 

annuitant or demonstrates strong 

concern for the personal welfare of the 

annuitant; 

(c) A public or nonprofit agency or 

institution having custody or 

guardianship of the annuitant; 

(d) A private institution operated for 

profit and licensed under State law, 

which has custody or guardianship of 

the annuitant; and 

(e) Persons other than those listed 

above who are qualified to carry out the 

responsibilities of a representative 

payee and who are able and willing to 

serve as a payee for an annuitant; e.g., 

members of community groups or 

organizations who volunteer to serve as 

representative payee for an annuitant. 

§ 849.303 Individuals who may not serve 

as a representative payee. 

A representative payee applicant may 

not serve as a representative payee if he 

or she: 

(a) Is under the age of 18, unless he 

or she is the custodial parent of the 

minor child applying for or receiving 

the annuity; 

(b) Is found by a court to be 

incompetent or receives benefits under 

title II or title XVI of the Social Security 

Act through a representative payee or 

receives a retirement annuity pursuant 

to CSRS or FERS through a 

representative payee; 

(c) Has previously served as a 

representative payee and has been 

found by a court of competent 

jurisdiction to have misused benefits; 

(d) Has been convicted of a violation 

of: 

(1) 5 U.S.C. 8345a or 8466a; 

(2) Section 208 or 1632 of the Social 

Security Act (42 U.S.C. 408, 1383a); or 

(3) 38 U.S.C 6101; or 

(e) Has been convicted of an offense 

resulting in imprisonment for more than 

one year. The agency may make 

exception to the prohibition in this 

paragraph (e) if the nature of the 

conviction is such that selection of the 

applicant poses no risk to the annuitant 

and the exception is in the best interest 

of the annuitant. 

§ 849.304 Selecting a representative 

payee. 

Before selecting an individual or 

organization to serve as a representative 

payee, the agency will conduct an 

investigation. The investigation will: 

(a) Require the applicant to submit 

documented proof of identity. 

(b) Verify the applicant’s social 

security number. 

(c) Conduct a background check on 

the applicant to determine if the 

applicant has been convicted of any 

crimes as defined in § 849.303(d) or (e). 

(d) Determine if the applicant has 

previously served as a representative 


jbell on DSKJLSW7X2PROD with PROPOSALS
13220 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 

payee and if any previous appointments 

as representative payee were revoked or 

terminated due to misuse. 

§ 849.305 Notice of the determination to 

select a representative payee. 

(a) If the agency determines that the 

annuitant requires a representative 

payee due to mental incompetence or 

other legal disability or is physically or 

mentally unable to manage or direct the 

management of his or her annuity 

payments, the agency will issue a 

written decision to the annuitant. The 

decision will include a statement of the 

findings and determinations; 

specifically, the individual or 

organization named as the 

representative payee, and an 

explanation of the right to appeal the 

decision under §§ 831.110 and 841.307 

of this chapter. If the annuitant appeals 

the decision, the agency will continue to 

make direct payments to the annuitant 

until the due process rights have been 

exhausted. 

(b) A decision by the agency to not 

select an individual or organization as a 

representative payee is not subject to the 

due process procedures described in 5 

U.S.C. 8347(d) and 8461(e). 

Subpart D—Responsibility and 

Accountability of a Representative 

Payee 

§ 849.401 Responsibilities of a 

representative payee. 

(a) A representative payee shall, 

subject to review by the agency and 

subject to such requirements as it may 

periodically prescribe, apply the 

payments made on behalf of the 

annuitant only for the use and benefit of 

such annuitant, and in a manner or 

purpose that is in the best interest of the 

annuitant. 

(b) A representative payee shall notify 

the agency of any event that will affect 

the amount of benefits the annuitant 

receives or the right of the annuitant to 

receive benefits. 

(c) A representative payee shall notify 

the agency of any change in 

circumstances that would affect 

performance of the payee’s 

responsibilities. 

(d) A representative payee shall keep 

the annuity paid to him or her on behalf 

of the annuitant separate from his or her 

own money in an account that shows 

that the annuitant is still the owner of 

the funds. The applicant must show 

proof of this account when applying to 

be the representative payee and use this 

account for direct deposit. Exceptions to 

this paragraph (d) are joint accounts for 

spouses, when one spouse applies to be 

representative payee for the other 

spouse and they already have an 

existing joint account. 

(e) Any interest earned on the annuity 

will be the annuitant’s property. 

(f) A representative payee shall 

respond to requests, regarding the use of 

annuity payments, from OPM within a 

specified period of time. 

§ 849.402 Use of payments. 

(a) Current maintenance. Payments 

certified to a representative payee on 

behalf of an annuitant shall be 

considered as having been applied for 

the use and benefit of the annuitant 

when they are used for the annuitant’s 

current maintenance. Current 

maintenance includes costs incurred in 

obtaining food, shelter, clothing, 

medical care, and personal comfort 

items. 

(b) Institutional care. If an annuitant 

is receiving care in a Federal, state, or 

private institution because of mental or 

physical incapacity, current 

maintenance includes the customary 

charges made by the institution in 

providing care and maintenance, as well 

as expenditures for those items which 

will aid in the annuitant’s recovery or 

release from the institution or expenses 

for personal needs which will improve 

the annuitant’s conditions while in the 

institution. 

(c) Support of legal dependents. If the 

current maintenance needs of the 

annuitant are met, the representative 

payee may use part of the payments for 

the support of the annuitant’s legally 

dependent spouse, child, and/or parent. 

(d) Claims of creditors. A 

representative payee may satisfy debts 

to creditors out of present benefit 

payments only if the current and 

reasonably foreseeable needs of the 

annuitant are met. 

(e) Conservation and investment. 

After the representative payee has used 

the annuity payments consistent with 

the rules in paragraphs (a) through (d) 

of this section, any remaining annuity 

shall be conserved or invested on behalf 

of the annuitant. Any investment must 

show clearly that the representative 

payee holds the property in trust for the 

annuitant. 

§ 849.403 Accountability of a 

representative payee. 

(a) An individual, or institution, to 

whom payments are made as 

representative payee on behalf of an 

annuitant is accountable for the use of 

the payments and shall submit a written 

report in such form and at such times 

as the agency may require, accounting 

for the payments certified to him or her 

on behalf of the annuitant. 

(b) If, however, such payee is a courtappointed fiduciary and, as such, is 

required to make an annual accounting 

to the court, a true copy of each such 

account filed with the court may be 

submitted in lieu of the accounting form 

prescribed by the agency. 

(c) If any representative payee fails to 

submit the required accounting within 

the specified period of time after it is 

requested, no further payments shall be 

made to the representative payee on 

behalf of the annuitant unless for good 

cause shown, the default of the 

representative payee is excused by the 

agency and the required accounting is 

thereafter submitted. 

(d) At any time after the agency has 

selected a representative payee, the 

agency may ask such payee to submit 

information showing a continuing 

relationship to the annuitant and a 

continuing responsibility for the care of 

the annuitant. If the representative 

payee does not give the agency the 

requested information within the 

specified period of time, the agency may 

stop paying such payee unless the 

agency determines that the payee had a 

good reason for not complying with the 

request, and the agency receives the 

information requested. 

Subpart E—Misuse of Annuity by a 

Representative Payee 

§ 849.501 Misuse of benefits by a 

representative payee. 

(a) It is unlawful for a representative 

payee to misuse the payments received 

on behalf of an annuitant. For purposes 

of this subpart, misuse of benefits by a 

representative payee occurs in any case 

in which the representative payee 

receives payment on behalf of an 

annuitant and embezzles or converts 

such payment, or any part thereof, to a 

use other than for the use and benefit of 

the annuitant. 

(b) The penalty for a representative 

payee found to be in violation of 

paragraph (a) of this section is a fine, 

imprisonment for not more than 5 years, 

or both. 

(c) If the agency determines that a 

representative payee has misused any 

payments as described in paragraph (a) 

of this section, the agency will promptly 

revoke the certification for payment of 

benefits to the representative payee, and 

will make payment to an alternative 

representative payee or, if the interest of 

the annuitant would be served thereby, 

to the annuitant. 

(d) The agency will make the 

annuitant whole by repaying any 

annuity that was misused by the 

representative payee once the misused 

benefits have been repaid to the agency 

by the representative payee. 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 13221 

§ 849.502 Liability for misused funds. 

(a) A representative payee who 

misuses benefits, as determined in 

§ 849.501(a), is responsible for 

repayment of the misused benefits. 

(b) OPM will seek restitution from the 

former representative payee. 

Subpart F—Changes of the 

Representative Payee 

§ 849.601 When a new representative 

payee will be selected. 

(a) When the agency learns that the 

interests of the annuitant are not served 

by continuing payment to the present 

representative payee or that the present 

representative payee is no longer able or 

willing to carry out the payee 

responsibilities, the agency will 

undertake to find a new representative 

payee. 

(b) The agency will select a new 

representative payee if the agency finds 

a preferred payee or if the present 

payee: 

(1) Has been found by the agency or 

a court of competent jurisdiction to have 

misused the benefits; 

(2) Has not used the benefit payments 

on the annuitant’s behalf in accordance 

with the rules in this part; 

(3) Has not carried out the other 

responsibilities described in this 

subpart; 

(4) Dies; 

(5) No longer wishes to be the 

representative payee; 

(6) Is unable to manage the benefit 

payments; or 

(7) Fails to cooperate, within a 

reasonable time, in providing evidence, 

accounting, or other information 

requested by the agency. 

(c) The agency may suspend payment 

as explained in § 849.202(c) if we 

determine that making direct payment 

to the annuitant would cause substantial 

harm. Payments, including all 

retroactive amounts due, will resume 

once a representative payee is located. 

§ 849.602 When representative payments 

will be stopped. 

If an annuitant demonstrates that he 

or she is mentally and physically able 

to manage or direct the management of 

benefit payments, the agency will make 

direct payment to the annuitant. 

Information which the annuitant may 

give to the agency to support his or her 

request for direct payment includes, but 

is not limited to, the following: 

(a) A physician’s statement regarding 

the annuitant’s condition, or a statement 

by a medical officer of the institution 

where the annuitant is or was confined, 

showing that the annuitant is able to 

manage or direct the management of his 

or her funds; 

(b) A certified copy of a court order 

restoring the annuitant’s rights in a case 

where an annuitant was adjudged 

legally incompetent; or 

(c) Other evidence which establishes 

the annuitant’s ability to manage or 

direct the management of benefits. 

§ 849.603 Transfer of conserved or 

accumulated funds. 

A representative payee who has 

conserved or invested annuity payments 

shall transfer these funds and any 

interest earned from the invested funds 

to either a successor payee, to the 

annuitant, or to the agency as we will 

specify. If the funds and the earned 

interest are returned to the agency, we 

will recertify them to the successor 

representative payee or to the annuitant. 

[FR Doc. 2021–04628 Filed 3–5–21; 8:45 am] 

BILLING CODE 6325–38–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Chapter I 

Food Safety and Inspection Service 

9 CFR Chapter III 

[Docket No. APHIS–2020–0079] 

RIN 0579–AE60 

Regulation of the Movement of 

Animals Modified or Developed by 

Genetic Engineering 

AGENCY: Animal and Plant Health 

Inspection Service, Department of 

Agriculture (USDA); Food Safety and 

Inspection Service, USDA. 

ACTION: Advance notice of proposed 

rulemaking; reopening of comment 

period. 

SUMMARY: We are reopening the 

comment period for our advance notice 

of proposed rulemaking on establishing 

regulations for the movement of certain 

animals modified or developed by 

genetic engineering. This action will 

allow interested persons additional time 

to prepare and submit comments. 

DATES: The comment period for the 

advance notice of proposed rulemaking 

published on December 28, 2020 (85 FR 

84269) is reopened. We will consider all 

comments that we receive on or before 

May 7, 2021. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov. Enter APHIS– 

2020–0079 in the Search field. Select 

the Documents tab, then select the 

Comment button in the list of 

documents. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2020–0079, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at regulations.gov or in 

our reading room, which is located in 

Room 1620 of the USDA South 

Building, 14th Street and Independence 

Avenue SW, Washington, DC. Normal 

reading room hours are 8 a.m. to 4:30 

p.m., Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Alan Pearson, Assistant Deputy 

Administrator, Biotechnology 

Regulatory Services; APHIS, 4700 River 

Road, Unit 98, Riverdale, MD 20737– 

1238; (301) 851–3944; Alan.Pearson@

usda.gov. Dr. Kis Robertson Hale, 

Deputy Assistant Administrator, Office 

of Public Health Science, USDA Food 

Safety and Inspection Service, 1400 

Independence Avenue SW, Room 341– 

E. Whitten Building; (202) 720–4819; 

Kis.Robertson1@usda.gov. 

SUPPLEMENTARY INFORMATION: On 

December 28, 2020, we published in the 

Federal Register (85 FR 84269–84275, 

Docket No. APHIS–2020–0079) an 

advance notice of proposed rulemaking 

(ANPR) on establishing regulations for 

the movement of certain animals 

modified or developed by genetic 

engineering. As outlined in the ANPR, 

the United States Department of 

Agriculture would promulgate 

regulations using the authorities granted 

to the Department through the Animal 

Health Protection Act, the Federal Meat 

Inspection Act (FMIA), and the Poultry 

Products Inspection Act (PPIA). 

Pursuant to these authorities, the 

Animal and Plant Health Inspection 

Service would conduct a safety 

assessment of animals subject to the 

FMIA or PPIA that have been modified 

or developed using genetic engineering 

that may increase the animal’s 

susceptibility to pests or diseases of 

livestock, including zoonotic diseases, 

or ability to transmit the same. The 

Food Safety and Inspection Service 

would conduct a pre-slaughter food 

safety assessment to ensure that the 

slaughter and processing of certain 

animals modified or developed using 

genetic engineering would not result in 

a product that is adulterated or 

misbranded. 


jbell on DSKJLSW7X2PROD with PROPOSALS