Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Notices 58301

SSA–5665–BK SSA–5665–Sup

Number of Respondents ......................................................................................................................... 475,000 ....................... 125,000.

Frequency of Response .......................................................................................................................... 1 .................................. 1.

Average Burden Per Response .............................................................................................................. 15–20 minutes ............ 5–10 minutes.

Estimated Annual Burden ....................................................................................................................... 158,333 hours ............. 20,833 hours.

2. Beneficiary Recontact Report–

0960–0536. SSA collects the

information on Form SSA–1587 to

ensure that eligibility for benefits

continues after entitlement is

established. SSA asks children ages 15–

17 information about marital status to

detect overpayments and avoid

continuing payment to those no longer

entitled. Studies show that

representative payees of children who

marry fail to report the marriage, which

is a terminating event. The responents

are payees who receive Title II (OldAge, Survivors and Disability Insurance)

benefits on behalf of children ages 15–

17.

Number of Respondents: 982,357.

Frequency of Response: 1.

Average Burden Per Response: 3

minutes.

Estimated Annual Burden: 49,118

hours.

3. Questionnaire About Employment

or Self-Employment Outside the United

States—0960–0050. This information is

used by SSA to determine whether work

performed by beneficiaries outside the

United States (U.S.) is cause for

deductions from their monthly benefits;

to determine which of two work tests

(foreign or regular) is applicable; and to

determine the months, if any, for which

deductions should be imposed. The

respondents are beneficiaries living and

working outside the U.S.

Number of Respondents: 20,000.

Frequency of Response: 1.

Average Burden Per Response: 12

minutes.

Estimated Annual Burden: 4,000

hours.

II. The information collections listed

below have been submitted to OMB for

clearance. Written comments and

recommendations on the information

collections would be most useful if

received within 30 days from the date

of this publication. Comments should be

directed to the SSA Reports Clearance

Officer and the OMB Desk Officer at the

addresses listed at the end of this

publication. You can obtain a copy of

the OMB clearance packages by calling

the SSA Reports Clearance Officer on

(410) 965–4145, or by writing to him.

1. Claimant’s Statement About Loan

of Food or Shelter (SSA–5062), and

Statement About Food or Shelter

Provided to Another (SSA–L5063)—

0960–0529. Forms SSA–5062 and SSA–

L5063 are used to obtain statements

about food and/or shelter provided to an

SSI claimant. SSA uses the information

to determine whether food and/or

shelter are a bona fide loan or should be

counted as income. This determination

can affect eligibility for SSI and the

amount of SSI benefits payable. The

respondents are claimants for SSI

benefits and individuals who provide

(loan) food or shelter to SSI Claimants.

SSA–5062 SSA–L5063

Number of Respondents ......................................................................................................................... 65,540 ......................... 65,540.

Frequency of Response .......................................................................................................................... 1 .................................. 1.

Average Burden Per Response .............................................................................................................. 10 minutes .................. 10 minutes.

Estimated Annual Burden ....................................................................................................................... 10,923 hours ............... 10,923 hours.

(SSA Address) Social Security

Administration, DCFAM, Attn:

Frederick W. Brickenkamp 1–A–21

Operations Bldg., 6401 Security Blvd.,

Baltimore, MD 21235.

(OMB Address) Office of Management

and Budget, OIRA, Attn: Desk Officer

for SSA, New Executive Office

Building, Room 10230, 725 17th St.,

NW, Washington, D.C. 20503.

Dated: September 22, 2000.

Frederick W. Brickenkamp,

Social Security Administration, Reports

Clearance Officer.

[FR Doc. 00–24903 Filed 9–27–00; 8:45 am]

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SOCIAL SECURITY ADMINISTRATION

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

DEPARTMENT OF LABOR

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[HUD No. FR–4610–N–01]

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2070–00]

Responsibility of Certain Entities To

Notify the Immigration and

Naturalization Service of Any Alien

Who the Entity ‘‘Knows’’ Is Not

Lawfully Present in the United States

AGENCIES: Social Security

Administration (SSA); Department of

Health and Human Services (HHS);

Department of Labor (DOL); Department

of Housing and Urban Development

(HUD); Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: Section 404 of the Personal

Responsibility and Work Opportunity

Reconciliation Act of 1996, Public Law

104–193, as amended, requires certain

Federal and State entities, at least four

times annually, to notify the

Immigration and Naturalization Service

(Service) of any alien the entity

‘‘knows’’ is not lawfully present in the

United States. The Federal agencies

responsible for implementing section

404 are providing notice of how this

provision is being implemented. Under

this notice, an entity is not required to

make quarterly reports to the Service

unless it has knowledge of an individual

who is not lawfully present in the

United States, as detailed below.

FOR FURTHER INFORMATION CONTACT:

58302 Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Notices

SSA

John Watson, Associate General Counsel

for Program Law, Office of the General

Counsel, Social Security

Administration, 6401 Security

Boulevard, Baltimore, MD 21235,

(410) 965–3137.

HHS

Robert Shelbourne, Director, Division of

Policy and Program Development,

Office of Family Assistance,

Administration for Children and

Families, Department of Health and

Human Services, 370 L’Enfant

Promenade, SW., Washington, DC

20447, (202) 401–5150.

DOL

Dennis Lieberman, Director, Division of

Welfare-to-Work, Employment and

Training Administration, Department

of Labor, 200 Constitution Avenue,

NW., Room N–4671, Washington, DC

20210, (202) 219–7694, extension 132.

HUD

Patricia Arnaudo, Senior Program

Manager, Office of Public and Indian

Housing, Department of Housing and

Urban Development, 451 7th St., SW.,

Room 4226, Washington, DC 20410,

(202) 708–0744.

Service

Jacquelyn Bednarz, Special Assistant to

the Acting Executive Associate

Commissioner, Office of Policy and

Planning, Immigration and

Naturalization Service, 425 I Street

NW., Room 7309, Washington, DC

20536, (202) 514–3242.

SUPPLEMENTARY INFORMATION: The

Personal Responsibility and Work

Opportunity Reconciliation Act of 1996,

Public Law 104–193 (hereinafter

PRWORA), and the Illegal Immigration

Reform and Immigrant Responsibility

Act of 1996, Public Law 104–208

(IIRIRA), include significant provisions

affecting the eligibility of aliens in the

United States for public benefits. (See

HHS Notice, Personal Responsibility

and Work Opportunity Reconciliation

Act of 1996 (PRWORA); Interpretation

of ‘‘Federal Public Benefit,’’ 63 FR

41658 (August 4, 1998)). Section 401 of

PRWORA generally provides that, with

some exceptions, only ‘‘qualified

aliens’’ (in addition to U.S. citizens and

nationals) are eligible to receive Federal

public benefits. PRWORA and IIRIRA

also include significant provisions

specifically limiting the eligibility of

qualified aliens for certain specified

Federal programs, including

Supplemental Security Income (SSI)

under Title XVI of the Social Security

Act. Finally, section 403 of PRWORA

limits the eligibility of qualified aliens

for certain ‘‘Federal means-tested public

benefits.’’ (See Department of

Agriculture, Food and Nutrition Service,

Federal Means-Tested Public Benefits,

63 FR 36653 (July 7, 1998); HHS, Office

of the Secretary, Personal Responsibility

and Work Opportunity Reconciliation

Act of 1996 (PRWORA); Interpretation

of ‘‘Federal Means-Tested Public

Benefit,’’ 62 FR 45256 (August 26,

1997); SSA, Personal Responsibility and

Work Opportunity Reconciliation Act of

1996: Federal Means-Tested Public

Benefits Paid by the Social Security

Administration, 62 FR 45284 (August

26, 1997).

Section 404 of PRWORA, as amended

by section 5564 of the Balanced Budget

Act of 1997, Public Law 105–33,

requires each entity or type of entity

specified in that statute to report to the

Service, at least four times annually, any

individual who the entity, under certain

specified programs, ‘‘knows is not

lawfully present in the United States’’

(emphasis supplied). Entities required

to report under this provision in the

course of administering certain

specified programs are as follows: (1)

Any State agency that administers a

block grant under part A of Title IV of

the Social Security Act, as amended, 42

U.S.C. 601 et seq. (Temporary

Assistance for Needy Families, Welfareto-Work); (2) SSA (with respect only to

the SSI program under Title XVI of the

Social Security Act, 42 U.S.C. 1381 et

seq.); (3) any State agency responsible

for an SSI Optional State

Supplementation under the SSI program

if the State has entered into an

agreement with SSA for Federal

administration of payments under that

program pursuant to section 1616(a) of

the Social Security Act, as amended, 42

U.S.C. 1382e(a); (4) HUD (with respect

only to the Public and Assisted Housing

Program provided under the United

States Housing Act of 1937, as amended,

42 U.S.C. 1437 et seq.); and, (5) any

public housing agency that enters into a

contract for assistance under section 6

or 8 of Title I of the United States

Housing Act 1937, as amended, 42

U.S.C. 1437 et seq. No other entity is

required to report under the provisions

of Title IV of PRWORA.

Section 404 of PRWORA is not

explicit with respect to the meaning of

the term ‘‘knows.’’ After consultation,

the responsible Federal agencies have

determined that, for purposes of the

requirement under section 404 that an

entity report four times annually, an

entity will ‘‘know’’ that an alien is not

lawfully present in the United States

only when the unlawful presence is a

finding of fact or conclusion of law that

is made by the entity as part of a formal

determination that is subject to

administrative review on an alien’s

claim for any of the statutorily specified

programs set out above. In addition, that

finding or conclusion of unlawful

presence must be supported by a

determination by the Service or the

Executive Office of Immigration Review,

such as a Final Order of Deportation. A

Systematic Alien Verification for

Entitlements (SAVE) response showing

no Service record on an individual or an

immigration status making the

individual ineligible for a benefit is not

a finding of fact or conclusion of law

that the individual is not lawfully

present. Equating ‘‘knowing’’ under

section 404 of PRWORA with the formal

determination described above under

any of the statutorily specified programs

affected by section 404 gives rational

substance to an arguably ambiguous

term and is not inconsistent with the

legislative history of this provision.

This notice is not meant to suggest

that a benefit granting agency is

required to make a determination as to

an applicant’s lawful presence if that

determination is not otherwise

necessary in order to determine whether

the applicant is eligible for the benefit.

Nor is it meant to suggest that a finding

or conclusion as to immigration status

made by a benefit granting agency has

any weight outside the context of the

alien’s eligibility for that particular

benefit. Determinations of status for

purposes of the Immigration and

Nationality Act are the responsibility of

the Department of Justice, not of any

other agency.

At least four times annually, the

reporting entity that knows of the

unlawful presence of any alien as

specified above must make a report to

the Service. The entity will make the

report within 45 days after the close of

the appropriate calendar year quarter.

The report must include the name,

address, and other identifying

information in the entity’s possession

regarding the individual who the

reporting entity knows is not lawfully

present in the United States. In order to

reduce unnecessary administrative

burden, the reporting entity is not

required to submit reports to the Service

unless it has knowledge of an individual

who is not lawfully present in the

United States as specified above. The

reports will be sent to the Service at the

following address: Director, Policy

Directives and Instructions Branch,

Immigration and Naturalization Service,

425 I Street NW, Room 4034,

Washington, DC 20536, Att’n: INS No.

2070–00.

Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Notices 58303

Dated: August 16, 2000.

Susan M. Daniels,

Deputy Commissioner for Disability and

Income, Security Programs, Social Security

Administration.

Dated: August 11, 2000.

Alvin Collins,

Director, Office of Family Assistance.

Dated: August 18, 2000.

Raymond L. Bramucci,

Assistant Secretary for Employment and

Training, Department of Labor.

Dated: August 30, 2000.

Gloria Cousar,

Deputy Assistant Secretary, Public and

Assisted Housing Delivery, Department of

Housing and Urban Development.

Dated: August 28, 2000.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 00–24894 Filed 9–27–00; 8:45 am]

BILLING CODE 4191–02–P

DEPARTMENT OF STATE

[Public Notice No. 3411]

Proposed Convention Sponsored by

Unidroit on International Equipment

Finance and Draft Protocol on Space

Equipment Meeting Notice

AGENCY: Department of State.

ACTION: The International Finance Study

Group of the State Department’s

Advisory Committee on Private

International Law will meet in

Washington, DC on Friday, October 13

from 10 a.m. to 3 p.m. The subject will

be international negotiations on a

multilateral treaty system to promote

secured financing for high-value mobile

equipment, with a particular focus at

this meeting on the space equipment

industry and implications for the

provision of space-based services.

Agenda

The meeting will cover the purpose

and concepts of the proposed

Convention on international interests in

mobile equipment; the application of

asset-based financing to space

equipment; the recent meeting of the

ICAO Legal Committee at Montreal on

the proposed Convention in relation to

aircraft and the draft Aircraft Equipment

Protocol; the upcoming UNIDROIT

meeting on a draft Space Equipment

Protocol; and the relationship between

these developments and the United

Nations Committee on the Peaceful Uses

of Outer Space (UNCOPOUS) and the

outer space treaty system.

Comments will be requested on draft

provisions of the proposed Space

Equipment Protocol. The intersection

with the Uniform Commercial Code in

the United States will be considered,

along with personal property laws of

Canada and other countries, as time

permits, as well as related draft

conventions and model national laws on

secured financing, including work

underway at UNCITRAL (the United

Nations Commission on International

Trade Law) on receivables financing and

the OAS (Organization of American

States) on a model Inter-American

national law on secured financing.

The intersection between the

foregoing and the outer space treaty

system will be reviewed, with particular

attention to provisions on national

control and liability. In addition,

differences between the international

‘‘notice filing’’ registry for financial

interests contemplated by the new treaty

system, and the existing registration of

space objects at UNCOPOUS will be

examined.

Background

The United States has been an active

participant in negotiations on a

proposed multilateral convention

(UNIDROIT Convention) to provide for

the creation and enforceability of

international secured finance interests

in mobile equipment, specifically

including at this stage aircraft, space

and satellite equipment, and railroad

rolling stock. A Space Working Group

authorized by UNIDROIT has prepared

the current draft protocol on provisions

specific to space equipment financing.

Provision may be made at a future

date for protocols on other categories of

equipment, such as containers,

construction and agricultural

equipment, certain types of vessels, etc.

Other international organizations

participate as appropriate, such as ICAO

and IATA with respect to aircraft and

airline issues, as embodied in the draft

Aircraft Equipment Protocol or

otherwise reflected in the basic

convention. Completion of the basic

Convention and Aircraft Protocol is

expected by mid-2001. Completion of

protocols on space and rail equipment

is expected to follow.

The proposed Convention and

equipment specific protocols together

will provide comprehensive

international rules on financing

interests in such equipment and thus

stimulate the development of these

industries as well as the capacity of

many countries to finance such

equipment, and related services,

through private sector capital markets.

This can enhance infrastructure growth,

as well as reduce reliance on direct

government funding or use of sovereign

debt, which in turn facilitates

privatization and market development.

Key features of the draft Convention

include the creation of internationally

enforceable interests pursuant to the

Convention; establishment of an

international computer-based registry

system for notice of finance interests;

provisions on assignments of such

interests; priorities based on filing;

default remedies; and optional

provisions on key finance issues such as

certain remedies, timeliness of

remedies, insolvency, etc. The proposed

registration system would not effect

national registration and recordation

systems under the Chicago Convention

for aircraft nor the object registry

functions of UNCOPOUS under the

space treaty system.

Attendance

The meeting will be held at

Conference Room H–1500, State

Department Annex 1 (Columbia Plaza),

2401 E Street NW, at the intersection of

23d Street and Virginia Ave.,

Washington, D.C. The meeting is open

to the public, subject to rulings of the

Chair. Persons wishing to attend should

contact Kenneth Hodgkins, Space and

Advanced Technology, Bureau of

Oceans, Environmental and Scientific

Affairs (OES/SAT), 202–663–2398, fax

663–2404, email k.hodgkins@state.gov,

or Harold Burman, Office of Legal

Adviser (L/PIL), at 202–776–8421, fax

776–8482, email pildb@his.com.

Documents

Drafts of the basic Convention on

mobile equipment and Aircraft Protocol

are available at www.UNIDROIT.org,

scroll to ‘‘news’’; revised versions will

be available shortly which reflect recent

changes. The draft Space Equipment

Protocol will be available via email or

regular mail upon request.

September 25, 2000.

Harold S. Burman,

Executive Director, Secretary of State’s

Advisory Committee on Private International

Law, Department of State.

[FR Doc. 00–24930 Filed 9–27–00; 8:45 am]

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