[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