Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules 72411 

DMS to examine the draft economic 

evaluation. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in subtitle VII, 

part A, subpart III, section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration proposes to amend part 

39 of the Federal Aviation Regulations 

(14 CFR part 39) as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. Section 39.13 is amended by 

removing Amendment 39–10463 (63 FR 

17676, April 10, 1998), and by adding 

a new airworthiness directive (AD), to 

read as follows: 

Eurocopter France: Docket No. FAA–2005–

23159; Directorate Identifier 2005–SW–

10–AD. Supersedes AD 98–08–14, 

Amendment 39–10463, Docket No. 97–

SW–21–AD. 

Applicability: Model SA–365N, SA–365N1, 

AS–365N2, and SA–366G1 helicopters with 

a main gearbox (MGB) suspension diagonal 

cross-member (diagonal cross-member) part 

number (P/N) 365A38–3023–20, –21, –22, 

–23, or –24 installed, certificated in any 

category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent failure of the diagonal crossmember, pivoting of the MGB, severe 

vibrations, and subsequent forced landing, do 

the following: 

(a) For Model SA–365N and SA–365N1 

helicopters, before accumulating 15,000 

operating cycles; and for Model AS–365N2 

and SA–366G1 helicopters, before 

accumulating 11,000 operating cycles: 

(1) Inspect the diagonal cross-member for 

a crack in the area of the center borehole. Use 

a borescope with a 90-degree drive, a video 

assembly with optical fiber illumination, or 

any other appropriate device that allows you 

to visually inspect the center area of the part. 

(2) Repeat the inspection required by 

paragraph (a)(1) of this AD at intervals not to 

exceed 250 operating cycles or 50 hours timein-service, whichever occurs first. 

Note 1: ‘‘Operating cycles’’ are defined in 

the Airworthiness Limitations Section of the 

Master Servicing Recommendations. 

(b) If a crack is found as a result of the 

inspections required by this AD, before 

further flight, replace the diagonal crossmember with an airworthy diagonal crossmember. 

(c) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Safety Management Group, 

Rotorcraft Directorate, FAA, for information 

about previously approved alternative 

methods of compliance. 

Note 2: The subject of this AD is addressed 

in Direction Generale De L’Aviation Civile 

(France) AD 1997–093–041(A) R2, dated June 

25, 2003, and 2003–241(A), dated June 25, 

2003. 

Issued in Fort Worth, Texas, on November 

23, 2005. 

Carl F. Mittag, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–23602 Filed 12–2–05; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Regulation Nos. 4 and 16] 

RIN 0960–AG12 

Nonpayment of Benefits to Fugitive 

Felons and Probation or Parole 

Violators 

AGENCY: Social Security Administration. 

ACTION: Proposed rules. 

SUMMARY: To implement section 203 of 

the Social Security Protection Act of 

2004 (SSPA), we propose to revise our 

regulations on the payment of Social 

Security and Supplemental Security 

Income benefits under titles II and XVI 

of the Social Security Act (the Act). 

Section 203 requires that title II benefits 

will not be paid to a person who is a 

fugitive felon or probation or parole 

violator, unless good cause is shown as 

specified in this new law. Section 203 

also added a good cause exception to 

the title XVI fugitive felon ineligibility 

provision. In addition, we propose to 

make other changes in our regulations, 

required by this legislation, such as 

removing the reference to high 

misdemeanors in the state of New 

Jersey. Finally, we propose to clarify our 

interpretation of the statutory language 

‘‘fleeing to avoid’’ for the purposes of 

the title II and title XVI provisions. 

DATES: To be sure that we consider your 

comments, we must receive them by 

February 3, 2006. 

ADDRESSES: You may give us your 

comments by: Using our Internet site 

facility (i.e., Social Security Online) at 

http://policy.ssa.gov/erm/rules.nsf/ 

Rules+Open+To+Comment or the 

Federal eRulemaking Portal at http:// 

www.regulations.gov; e-mail to 

regulations@ssa.gov; telefax to (410) 

966–2830; or letter to the Commissioner 

of Social Security, P.O. Box 17703, 

Baltimore, MD 21235–7703. You may 

also deliver them to the Office of 

Regulations, Social Security 

Administration, 100 Altmeyer Building, 

6401 Security Boulevard, Baltimore, MD 

21235–6401, between 8 a.m. and 4:30 

p.m. on regular business days. 

Comments are posted on our Internet 

site, or you may inspect them physically 

on regular business days by making 

arrangements with the contact person 

shown in this preamble. 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http:// 

www.gpoaccess.gov/fr/index.html. 

FOR FURTHER INFORMATION CONTACT: 

Richard Bresnick, Social Insurance 

Specialist, Office of Regulations, Social 

Security Administration, 100 Altmeyer 

Building, 6401 Security Boulevard, 

Baltimore, MD 21235–6401, (410) 965–

1758 or TTY (410) 966–5609. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 1–

800–325–0778, or visit our Internet site, 

Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: The 

Personal Responsibility and Work 

Opportunity Reconciliation Act 

(PRWORA) of 1996 (Pub. L. 104–193) 

provided in section 1611(e)(4) of the Act 

that a person is ineligible for payments 

under title XVI for any month he or she 

is avoiding prosecution for a felony, is 

avoiding confinement for conviction of 

a felony, or is violating a condition of 

probation or parole. Prior to the 

enactment of the SSPA (Pub. L. 108–

203) on March 2, 2004, section 

1611(e)(4) of the Act also provided that 

72412 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules 

these provisions apply to high 

misdemeanors in the State of New 

Jersey. Section 203 of the SSPA 

provides for the nonpayment of title II 

benefits to fugitive felons and probation 

or parole violators, by amending section 

202(x) of the Act. Section 203 also 

provides a good cause exception to the 

nonpayment of title II benefits and adds 

a good cause exception to the SSI 

ineligibility provision. Finally, section 

203 removes the reference to New Jersey 

crimes known as high misdemeanors. 

Instead, it provides that, in jurisdictions 

that do not define crimes as felonies, a 

crime that would result in nonpayment 

of title II benefits to or SSI ineligibility 

for fugitive felons and probation or 

parole violators is one that is punishable 

by death or imprisonment for more than 

1 year, regardless of the actual sentence 

imposed. 

Proposed Changes 

We propose to amend subpart E of 

part 404 and subparts B and M of part 

416 of chapter III of title 20 of the Code 

of Federal Regulations (20 CFR) by 

adding a new § 404.471 and revising 

existing §§ 404.401, 416.202 and 

416.1339. In § 404.401(d), we propose to 

add a new paragraph (d)(5) to the 

existing list of reasons for the 

nonpayment of benefits. The new 

paragraph would require nonpayment of 

title II benefits if a person has an 

outstanding arrest warrant for 

prosecution of a crime (or an attempt to 

commit a crime) that is a felony, or is 

avoiding custody or confinement after 

conviction for a crime (or an attempt to 

commit a crime) that is a felony, or is 

violating a condition of Federal or State 

probation or parole. 

In proposed § 404.471, we explain 

that we will not pay title II benefits to 

fugitive felons and probation or parole 

violators beginning in January 2005. We 

also explain that the nonpayment of 

benefits under title II of the Act applies 

in three situations. First, we will not 

pay benefits under title II when the 

person has an outstanding arrest 

warrant if that warrant has been in effect 

for more than 30 days and the warrant 

is for prosecution of a crime (or an 

attempt to commit a crime) that is a 

felony. We will also apply the 

nonpayment or ineligibility provisions 

of section 203 of the SSPA when an 

outstanding arrest warrant has been in 

effect for more than 30 days and the 

warrant is issued because a person is 

avoiding custody or confinement after 

conviction for a crime (or an attempt to 

commit a crime) that is a felony. Finally, 

we will apply the nonpayment or 

ineligibility provisions of section 203 of 

the SSPA when a warrant has been in 

effect for more than 30 days and the 

warrant is issued because the person is 

violating a condition of Federal or State 

probation or parole. We also explain 

that in jurisdictions that do not define 

crimes as felonies, we will apply these 

provisions if the crime or attempt to 

commit a crime is punishable by death 

or imprisonment for more than 1 year, 

regardless of the actual sentence 

imposed. We base the requirement that 

the outstanding arrest warrant must be 

in effect for more than 30 consecutive 

days on the statutory 30-day 

requirement in section 202(x) of the Act. 

Section 1611(e)(1) of the Act has no 

such requirement; consequently, as we 

explain below, our corresponding rules 

for title XVI cases do not contain this 

requirement. 

We also propose in §§ 404.471 and 

416.1339 to establish the rules that we 

will apply in administering the 

mandatory and discretionary good cause 

exceptions to nonpayment of title II 

benefits or title XVI ineligibility. 

The Act contains both mandatory and 

discretionary exceptions to the 

requirements that we not pay benefits 

under title II or that we will find that 

a person is ineligible under title XVI if 

he or she is a fugitive felon or probation 

or parole violator. Consistent with the 

statute, we propose that we will find 

mandatory good cause to pay title II 

benefits or to determine that a person is 

eligible for SSI, after January 1, 2005, in 

two situations. First, we will find good 

cause at any time a person can show or 

when we determine that a court or 

equivalent body (such as the United 

States Parole Commission) of competent 

jurisdiction has found the person not 

guilty of the criminal offense, has 

dismissed the underlying charges 

relating to the criminal offense, has 

vacated the warrant for arrest for the 

criminal offense, or issued any similar 

exonerating order or took a similar 

exonerating action. In applying the 

mandatory good cause exception, we 

recognize that terms used by courts or 

an equivalent body to describe actions 

taken to dispose of a warrant may vary 

in different jurisdictions; e.g., instead of 

using the word ‘‘vacated’’ courts or an 

equivalent body may use words such as 

rescinded, recalled, or quashed. Second, 

we will also find good cause at any time 

a person can show or when we 

determine that the person was 

erroneously implicated in connection 

with the criminal offense because 

someone stole his or her identity, or 

because of mistaken identity. 

Section 203 of the SSPA also gives us 

the discretionary authority to find good 

cause based on mitigating circumstances 

if the person establishes that the offense 

underlying the warrant and imposition 

of the probation or parole (as well as 

violating probation or parole) was both 

nonviolent and not drug-related. We 

consider ‘‘violent’’ crimes to be those 

that threaten, attempt to use, or actually 

use physical force against a person; e.g., 

assault, homicide, kidnapping/ 

abduction, robbery, and forcible sex 

offenses. ‘‘Drug-related’’ crimes are 

those involving the unlawful 

cultivation, manufacture, distribution, 

sale, purchase, use, possession, 

transportation, or importation of any 

controlled drug or narcotic substance. In 

identifying these violent and drugrelated crimes we will use selected 

National Crime Information Center 

(NCIC) codes, a list of which is 

published in our operating instructions. 

In the SSPA’s legislative history (149 

Cong. Rec. S16180 (daily ed. Dec. 9, 

2003)), Congress explained that we may 

establish good cause based on mitigating 

factors such as the nature and severity 

of the crime, the length of time that has 

passed since the warrant was issued, 

whether other crimes have been 

committed in the interim, and the 

beneficiary’s mental capacity to resolve 

the issue. We propose to incorporate 

these factors into our regulations that 

discuss the discretionary good cause 

exception. We propose to exercise our 

discretion to find good cause to pay 

benefits based on mitigating 

circumstances after January 1, 2005, 

when the person contacts us within 1 

year after he or she receives our title II 

nonpayment notice or the title XVI 

notice of planned action and supplies 

proof within 90 days of that contact that 

all of the following apply: 

• The crime or violating the probation 

or parole which the warrant is based on 

was both nonviolent and not drugrelated and, if for violating probation or 

parole, the original crime(s) was both 

nonviolent and not drug-related; and 

• The person has neither been 

convicted of nor pled guilty to another 

felony crime since the date of the 

warrant; and 

• The law enforcement agency that 

issued the warrant reports that it will 

not extradite the person for the charges 

on the warrant or that it will not take 

action on the arrest warrant. 

If the first two requirements above 

apply but not the third, we may also 

find good cause if the following two 

criteria apply: 

• The only existing warrant was 

issued 10 or more years ago; and 

• The person’s medical condition 

impairs his or her mental capability to 

resolve the warrant; or he or she is 

incapable of managing his or her 

benefits; or he or she is legally 

Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules 72413 

incompetent; or we have appointed a 

representative payee to handle the 

benefits; or he or she is residing in a 

long-term care facility, such as a nursing 

home or mental treatment/care facility. 

If the person does not contact us 

within 1 year after receipt of the title II 

notice of nonpayment or title XVI notice 

of planned action, we will not find good 

cause for continuing payments based on 

mitigating circumstances. Each time a 

person contacts us within the 1-year 

timeframe with the intent to show good 

cause based on mitigating 

circumstances, the person will have 90 

days to supply the necessary proof. If 

the evidence is not supplied within 90 

days, we will determine that good cause 

has not been shown for that request. 

Although Congress explained in 

SSPA’s legislative history (149 Cong. 

Rec. S16180 (daily ed. Dec. 9, 2003)) 

that ‘‘the length of time that has passed 

since the warrant was issued’’ may be a 

mitigating factor for establishing good 

cause, Congress gave no guidance as to 

how old the warrant should be in order 

to be considered a mitigating 

circumstance. In determining what age 

of a warrant we would use as a 

mitigating factor, we reviewed certain 

statutes of limitations for guidance. For 

example, there is a 6-year statute of 

limitations in sections 1128A(c)(1) and 

1129(b)(1) of the Act, beyond which we 

(or the Secretary of Health and Human 

Services under section 1128A(c)(1)) do 

not refer cases to the Department of 

Justice for civil monetary penalty 

prosecution. Our review gave us a range 

of years to consider when determining 

the age of a warrant that would be 

appropriate to consider as a mitigating 

factor. Based on our review and our 

strong commitment to responsible 

stewardship of the Social Security Trust 

Fund and the General Fund, we decided 

to take a careful approach and propose 

10 years as the age of a warrant that 

would constitute a mitigating factor. We 

may revisit that decision after 

considering public comments on these 

proposed rules. We invite you to 

comment on our proposed use of 10 

years for ‘‘the length of time that has 

passed since the warrant was issued’’

and, if you believe a different length of 

time would be more appropriate, to 

provide your rationale for the different 

length of time. 

If we find good cause to pay title II 

and/or title XVI benefits we will do so, 

and, if appropriate, repay any benefits 

previously withheld for being a fugitive 

felon beginning with either the month 

the arrest warrant was issued, the month 

of initial title II entitlement or title XVI 

eligibility, or January 2005, whichever is 

later. 

Currently, §§ 416.202 and 416.1339 

specify that a person is ineligible for 

title XVI payments for any month in 

which he or she is ‘‘fleeing to avoid’’

prosecution, or custody or confinement 

after conviction for a crime. We propose 

to clarify how we determine who is a 

fugitive felon. In order to clarify this 

point, we propose to remove the 

references to ‘‘fleeing’’ in §§ 416.202 

and 416.1339. We interpret the statutory 

term ‘‘fleeing to avoid’’ prosecution, or 

custody or confinement, to mean that a 

person has an outstanding warrant for 

his or her arrest. It is the responsibility 

of federal, state, local, and foreign courts 

and law enforcement officials to issue 

warrants and ensure that they are issued 

in appropriate circumstances. Therefore, 

we propose to determine that a person 

is a fugitive felon when an outstanding 

felony warrant for the person’s arrest 

exists, even if that person is unaware 

that an outstanding warrant exists. 

Some courts have found that ‘‘fleeing 

to avoid prosecution’’ requires intent on 

the part of the person to evade the 

criminal justice system. We believe that 

the law enforcement agencies and courts 

that issued the warrant make this intent 

determination. We rely on the 

identification of a person as a fugitive 

felon by federal, state, local, or foreign 

courts and law enforcement officials in 

part because we lack the expertise to 

identify someone as a fugitive within 

the context of the criminal justice 

system. Law enforcement officials have 

identified a person as a fugitive when an 

outstanding arrest warrant exists. 

Therefore, we need not make that 

determination for our program purpose, 

i.e., for the purpose of determining 

whether or not to pay benefits. 

We believe this position is consistent 

with one of the intended results of 

Congress’s actions in section 203 of 

SSPA and section 202 of PRWORA; i.e., 

to encourage persons to resolve 

outstanding warrants against them. 

Further, the legislative history makes 

clear that a person should be considered 

‘‘fleeing’’ if it is reasonable to conclude 

that he or she knew or should have 

known that criminal charges are 

pending (148 Cong. Rec. S16181 (daily 

ed. Dec. 9, 2003). From this, we do not 

believe that Congress intended that we 

be the arbiters of these disputes 

concerning whether or not an individual 

is actually a fugitive; instead, if a person 

wishes to challenge a warrant he or she 

should deal with the appropriate law 

enforcement authority to resolve the 

matter. The position we take here will 

encourage persons to do that. 

Furthermore, interpreting the statute 

to require us to inquire into, and 

possibly adjudicate, the subjective 

intent of felons runs counter to one of 

Congress’s, and our, overriding goals: to 

ensure the efficient administration of 

the largest benefits programs in the 

world, involving millions of 

applications and tens of millions of 

beneficiaries. 

We also propose to remove from the 

revised §§ 416.202 and 416.1339 the 

reference to high misdemeanors in New 

Jersey because the phrase is obsolete, as 

recognized by Congress in section 203 of 

the SSPA. 

Finally, section 103 of the SSPA 

disqualifies persons from serving as 

representative payees if they are 

avoiding prosecution for a felony or are 

avoiding confinement for conviction of 

a felony. We are publishing our 

proposed rules resulting from section 

103 of the SSPA in a separate notice of 

proposed rulemaking. 

Clarity of These Proposed Rules 

Executive Order 12866, as amended 

by Executive Order 13258, requires each 

agency to write all rules in plain 

language. In addition to your 

substantive comments on these 

proposed rules, we invite your 

comments on how to make these rules 

easier to understand. For example: 

• Have we organized the material to 

suit your needs? 

• Are the requirements in the rules 

clearly stated? 

• Do the rules contain technical 

language or jargon that isn’t clear? 

• Would a different format (grouping 

and order of sections, use of headings, 

paragraphing) make the rules easier to 

understand? 

• Would more (but shorter) sections 

be better? 

• What else could we do to make the 

rules easier to understand? 

Regulatory Procedures 

Executive Order 12866 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that these rules meet the 

requirements for a significant regulatory 

action under Executive Order 12866, as 

amended by Executive Order 13258. 

Thus, they were subject to OMB review. 

Regulatory Flexibility Act 

We certify that these proposed 

regulations will not have a significant 

economic impact on a substantial 

number of small entities because they 

affect only individuals. Therefore, a 

regulatory flexibility analysis, as 

provided in the Regulatory Flexibility 

Act, as amended, is not required. 

72414 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules 

Paperwork Reduction Act 

These proposed rules contain 

reporting requirements as shown in the 

following table. 

Section 

Annual 

number of 

responses 

Frequency of 

response 

Average 

burden per 

response 

(minutes) 

Estimated 

annual 

burden 

(hours) 

§ 404.471 ......................................................................................................... 12,000 1 30 6,000 

§ 416.1339 ....................................................................................................... 12,000 1 30 6,000 

Total .......................................................................................................... 24,000 — — 12,000 

An Information Collection Request 

has been submitted to OMB for 

clearance. We are soliciting comments 

on the burden estimate; the need for the 

information; its practical utility; ways to 

enhance its quality, utility and clarity; 

and ways to minimize the burden on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Comments should be faxed to the Office 

of Management and Budget at the 

following number: 

Office of Management and Budget, 

Attn: Desk Officer for SSA, Fax Number: 

202–395–6974. 

Comments can be received for up to 

60 days after publication of this notice 

and will be most useful if received 

within 30 days of publication. To 

receive a copy of the OMB clearance 

package, you may call the SSA Reports 

Clearance Officer on 410–965–0454. 

(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; 

96.006, Supplemental Security Income.) 

List of Subjects 

20 CFR Part 404 

Administrative practice and 

procedure, Blind, Disability benefits, 

Old-Age, Survivors, and Disability 

Insurance, Reporting and recordkeeping 

requirements, Social Security. 

20 CFR Part 416 

Administrative practice and 

procedure, Aged, Blind, Disability 

benefits, Public assistance programs, 

Reporting and recordkeeping 

requirements, Supplemental Security 

Income. 

Dated: August 25, 2005. 

Jo Anne B. Barnhart, 

Commissioner of Social Security. 

For the reasons set out in the 

preamble, we propose to amend subpart 

E of part 404 and subparts B and M of 

part 416 of chapter III of title 20 of the 

Code of Federal Regulations as set forth 

below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart E—[Amended] 

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), 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), 423(e), 424a, 425, 902(a)(5) 

and 1320a–8a) and 48 U.S.C. 1801. 

2. Amend § 404.401 by adding 

paragraph (d)(5) to read as follows: 

§ 404.401 Deduction, reduction, and 

nonpayment of monthly benefits or lumpsum death payments. 

* * * * * 

(d) * * * 

(5)(i) The individual has an 

outstanding arrest warrant for 

prosecution of a crime (or an attempt to 

commit a crime) that is a felony under 

the laws of the place that issued the 

warrant; or 

(ii) The individual has an outstanding 

arrest warrant for avoiding custody or 

confinement after conviction for a crime 

(or an attempt to commit a crime) that 

is a felony under the laws of the place 

that issued the warrant; or 

(iii) The individual has an 

outstanding arrest warrant for violating 

a condition of Federal or State probation 

or parole. 

(iv) In jurisdictions in the United 

States and abroad that do not define 

crimes as felonies, the provisions of 

paragraph (d)(5) of this section apply if 

the crime (or the attempt to commit a 

crime) is punishable by death or 

imprisonment for more than 1 year, 

regardless of the actual sentence 

imposed. 

* * * * * 

3. Add § 404.471 to read as follows: 

§ 404.471 Nonpayment of benefits to 

fugitive felons and probation or parole 

violators. 

(a) Basis for nonpayment. Beginning 

with the month of January 2005, we will 

not pay you a monthly benefit for any 

month during which you have an 

outstanding warrant if that warrant has 

been in effect for more than 30 days and 

the warrant—

(1) Is for your arrest for a crime (or an 

attempt to commit a crime) that is a 

felony under the laws of the place that 

issued the warrant, or in jurisdictions in 

the United States and abroad that do not 

define crimes as felonies, is punishable 

by death or imprisonment for a term 

exceeding 1 year, regardless of the 

actual sentence imposed, or 

(2) Is for avoiding custody or 

confinement after conviction for a crime 

(or an attempt to commit a crime) that 

is a felony under the laws of the place 

that issued the warrant, or, in 

jurisdictions in the United States and 

abroad that do not define crimes as 

felonies, is punishable by death or 

imprisonment for a term exceeding 1 

year, regardless of the actual sentence 

imposed, or 

(3) Is for violating a condition of 

probation or parole imposed under 

Federal or State law. 

(b) Good cause exception to 

nonpayment. (1) We will not apply the 

provisions of paragraph (a) of this 

section if you contact us at any time and 

supply proof within 90 days of the date 

that you contact us that: 

(i) A court or equivalent body (such 

as the United States Parole Commission) 

of competent jurisdiction: 

(A) Found you not guilty of the 

criminal offense which is the basis for 

the issuance of the warrant, or 

(B) Dismissed the underlying charges 

relating to the criminal offense which is 

the basis for the issuance of the warrant, 

or 

(C) Vacated the warrant for your arrest 

for the criminal offense, or 

(D) Issued any similar exonerating 

order or took a similar exonerating 

action, or 

Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules 72415 

(ii) You were erroneously implicated 

in connection with the criminal offense 

by reason of identity fraud or mistaken 

identity. 

(2) If none of the criteria in paragraph 

(b)(1) of this section are met, we may 

pay you benefits if you contact us 

within 1 year of the date you receive our 

notice of nonpayment and supply proof 

within 90 days after the date that you 

contact us that all of the following 

apply: 

(i) The crime, attempt to commit a 

crime, or violating a condition of 

probation or parole which the warrant is 

based on was both nonviolent and not 

drug-related and, if violating probation 

or parole, the original crime(s) for which 

you were paroled or put on probation 

was both nonviolent and not drugrelated. Violent crimes are those that 

threaten, attempt to use, or actually use 

physical force against a person; e.g., 

assault, homicide, kidnapping/ 

abduction, robbery, and forcible sex 

offenses. Drug-related crimes are those 

involving the unlawful cultivation, 

manufacture, distribution, sale, 

purchase, use, possession, 

transportation, or importation of any 

controlled drug or narcotic substance, 

and 

(ii) You have neither been convicted 

of nor pled guilty to another felony (or, 

in jurisdictions in the United States and 

abroad that do not define crimes as 

felonies, is punishable by death or 

imprisonment for more than 1 year, 

regardless of the actual sentence 

imposed) since the date of the warrant, 

and 

(iii) The law enforcement agency that 

issued the warrant reports that it will 

not extradite you for the charges on the 

warrant, or that it will not take action 

on the warrant for your arrest. 

(3) If paragraphs (b)(1) and (2) of this 

section do not apply, we will pay you 

benefits if you contact us within 1 year 

of the date you receive our notice of 

nonpayment and supply proof within 90 

days after the date that you contact us 

that all of the following apply: 

(i) The crime, attempt to commit a 

crime, or violating a condition of 

probation or parole on which the 

warrant is based was both nonviolent 

and not drug-related and, if violating 

probation or parole, the original crime(s) 

for which you were paroled or put on 

probation was both nonviolent and not 

drug-related, as defined in paragraph 

(b)(2)(i), and 

(ii) You have neither been convicted 

of nor pled guilty to another felony 

crime (or, in jurisdictions in the United 

States and abroad that do not define 

crimes as felonies, is punishable by 

death or imprisonment for more than 1 

year, regardless of the actual sentence 

imposed) since the date of the warrant, 

and 

(iii) The warrant was issued 10 or 

more years ago, and 

(iv) Your medical condition impairs 

your mental capability to resolve the 

warrant; or you are incapable of 

managing your benefits; or you are 

legally incompetent; or we have 

appointed a representative payee to 

handle your benefits; or you are residing 

in a long-term care facility, such as a 

nursing home or mental treatment/care 

facility. 

(c) Resumption of payments. If 

benefits are otherwise payable, they will 

be resumed effective with the first 

month throughout which you no longer 

have an outstanding warrant, or are no 

longer violating a condition of probation 

or parole. If we determine that you meet 

the requirements in paragraph (b) of this 

section, we will pay you benefits, and 

repay any benefits previously withheld 

under paragraph (a) of this section, 

beginning with either the month the 

arrest warrant was issued, the month of 

initial title II entitlement, or January 

2005, whichever is later. 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart B—[Amended] 

4. The authority citation for subpart B 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1110(b), 1602, 

1611, 1614, 1619(a), 1631, and 1634 of the 

Social Security Act (42 U.S.C. 902(a)(5), 

1310(b), 1381a, 1382, 1382c, 1382h(a), 1383, 

and 1383c); secs. 211 and 212, Pub. L. 93–

66, 87 Stat. 154 and 155 (42 U.S.C. 1382 

note); sec. 502(a), Pub. L. 94–241, 90 Stat. 

268 (48 U.S.C. 1681 note); sec. 2, Pub. L. 99–

643, 100 Stat. 3574 (42 U.S.C. 1382h note). 

5. Amend § 416.202 by revising 

paragraph (f) to read as follows: 

§ 416.202 Who may get SSI benefits. 

* * * * * 

(f) You do not have an outstanding 

warrant for—

(1) Your arrest for a crime (or an 

attempt to commit a crime) that is a 

felony under the laws of the place that 

issued the warrant, or in jurisdictions in 

the United States and abroad that do not 

define crimes as felonies, is punishable 

by death or imprisonment for a term 

exceeding 1 year regardless of the actual 

sentence imposed, or 

(2) Avoiding custody or confinement 

after conviction for a crime (or an 

attempt to commit a crime) that is a 

felony under the laws of the place that 

issued the warrant, or, in jurisdictions 

in the United States and abroad that do 

not define crimes as felonies, is 

punishable by death or imprisonment 

for a term exceeding 1 year regardless of 

the actual sentence imposed, or 

(3) Violating a condition of probation 

or parole imposed under Federal or 

State law. 

* * * * * 

Subpart M—[Amended] 

6. The authority citation for subpart M 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1129A, 1611–

1614, 1619, and 1631 of the Social Security 

Act (42 U.S.C. 902(a)(5), 1320a–8a, 1382–

1382c, 1382h, and 1383). 

7. Revise § 416.1339 to read as 

follows: 

§ 416.1339 Suspension of benefits for 

fugitive felons and probation or parole 

violators. 

(a) Basis for suspension. Beginning 

with the month of August 1996, you 

will be ineligible for SSI benefits for any 

month during which you have an 

outstanding warrant if that warrant—

(1) Is for your arrest for a crime (or an 

attempt to commit a crime) that is a 

felony under the laws of the place that 

issued the warrant, or in jurisdictions in 

the United States and abroad that do not 

define crimes as felonies, is punishable 

by death or imprisonment for a term 

exceeding 1 year regardless of the actual 

sentence imposed, or 

(2) Is for avoiding custody or 

confinement after conviction for a crime 

(or an attempt to commit a crime) that 

is a felony under the laws of the place 

that issued the warrant, or, in 

jurisdictions in the United States and 

abroad that do not define crimes as 

felonies, is punishable by death or 

imprisonment for a term exceeding 1 

year regardless of the actual sentence 

imposed, or 

(3) Is for violating a condition of 

probation or parole imposed under 

Federal or State law. 

(b) Good cause exception to 

ineligibility. Beginning with the month 

of January 2005: 

(1) We will not apply the provisions 

of paragraph (a) of this section if you 

contact us at any time and supply proof 

within 90 days of the date that you 

contact us that: 

(i) A court or equivalent body (such 

as the United States Parole Commission) 

of competent jurisdiction: 

(A) Found you not guilty of the 

criminal offense which is the basis for 

the issuance of the warrant, or 

(B) Dismissed the underlying charges 

relating to the criminal offense which is 

the basis for the issuance of the warrant, 

or 

72416 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Proposed Rules 

(C) Vacated the warrant for your arrest 

for the criminal offense, or 

(D) Issued any similar exonerating 

order or took a similar exonerating 

action, or 

(ii) You were erroneously implicated 

in connection with the criminal offense 

by reason of identity fraud or mistaken 

identity. 

(2) If none of the actions in paragraph 

(b)(1) of this section are met, we may 

find you eligible and pay you benefits 

if you contact us within 1 year of the 

date you receive our notice of planned 

action and supply proof within 90 days 

after the date you contact us that all of 

the following apply: 

(i) The crime, attempt to commit a 

crime, or violating a condition of 

probation or parole which the warrant is 

based on was both nonviolent and not 

drug-related and, if violating probation 

or parole, the original crime(s) for which 

you were paroled or put on probation 

was both nonviolent and not drugrelated. Violent crimes are those that 

threaten, attempt to use, or actually use 

physical force against a person; e.g., 

assault, homicide, kidnapping/ 

abduction, robbery, and forcible sex 

offenses. Drug-related crimes are those 

involving the unlawful cultivation, 

manufacture, distribution, sale, 

purchase, use, possession, 

transportation, or importation of any 

controlled drug or narcotic substance, 

and 

(ii) You have neither been convicted 

of nor pled guilty to another felony 

crime (or, in jurisdictions in the United 

States and abroad that do not define 

crimes as felonies, is punishable by 

death or imprisonment for more than 1 

year regardless of the actual sentence 

imposed) since the date of the warrant, 

and 

(iii) The law enforcement agency that 

issued the warrant reports that it will 

not extradite you for the charges on the 

warrant, or that it will not take action 

on the warrant for your arrest. 

(3) If paragraphs (b)(1) and (2) of this 

section do not apply, we will find you 

eligible and pay you benefits if you 

contact us within 1 year of the date you 

receive our notice of planned action and 

supply proof within 90 days after the 

date that you contact us that all of the 

following apply: 

(i) The crime, attempt to commit a 

crime, or violating a condition of 

probation or parole which the warrant is 

based on was both nonviolent and not 

drug-related and, if violating probation 

or parole, the original crime(s) for which 

you were paroled or put on probation 

was both nonviolent and not drugrelated, as defined in paragraph (b)(2)(i) 

of this section, and 

(ii) You have neither been convicted 

of nor pled guilty to another felony 

crime (or, in jurisdictions in the United 

States and abroad that do not define 

crimes as felonies, is punishable by 

death or imprisonment for more than 1 

year, regardless of the actual sentence 

imposed) since the date of the warrant, 

and 

(iii) The warrant was issued 10 or 

more years ago, and 

(iv) Your medical condition impairs 

your mental capability to resolve the 

warrant; or you are incapable of 

managing your benefits; or you are 

legally incompetent; or we have 

appointed a representative payee to 

handle your benefits; or you are residing 

in a long-term care facility, such as a 

nursing home or mental treatment/care 

facility. 

(c) Resumption of payments. If 

benefits are otherwise payable, they will 

be resumed effective with the first 

month throughout which you no longer 

have an outstanding warrant, or are no 

longer violating a condition of probation 

or parole. If we determine that you meet 

the requirements in paragraph (b) of this 

section, we will pay you benefits and 

repay any benefits previously withheld 

under paragraph (a) of this section, 

beginning with either the month the 

arrest warrant was issued, the month of 

initial title XVI eligibility, or January 

2005, whichever is later. 

[FR Doc. 05–23618 Filed 12–2–05; 8:45 am] 

BILLING CODE 4191–02–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Regulation Nos. 4 and 16] 

RIN 0960–AG19 

Continuing Disability Review Failure 

To Cooperate Process 

AGENCY: Social Security Administration. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: We propose to amend our 

regulations to provide that we will 

suspend your disability benefits before 

we make a determination during a 

continuing disability review (CDR) 

under title II and title XVI of the Social 

Security Act (the Act) when you fail to 

comply with our request for necessary 

information. Should you remain noncompliant for a period of one year 

following your suspension, we will then 

terminate your disability benefits. 

Although our current title XVI 

regulations generally provide for the 

termination of payments after 12 

months of suspension, we are proposing 

to amend our regulations by adding this 

policy to our title II regulations and by 

restating it in the title XVI CDR 

regulatory provisions. 

DATES: To be sure that your comments 

are considered, we must receive them 

no later than February 3, 2006. 

ADDRESSES: You may give us your 

comments by: using our Internet site 

facility (i.e., Social Security Online) at 

http://policy.ssa.gov/erm/rules.nsf/ 

Rules+Open+To+Comment or the 

Federal eRulemaking Portal at http:// 

www.regulations.gov; e-mail to 

regulations@ssa.gov; by telefax to (410) 

966–2830; or by letter to the 

Commissioner of Social Security, P.O. 

Box 17703, Baltimore, MD 21235–7703. 

You may also deliver them to the Office 

of Regulations, Social Security 

Administration, 100 Altmeyer Building, 

6401 Security Boulevard, Baltimore, MD 

21235–6401, between 8 a.m. and 4:30 

p.m. on regular business days. 

Comments are posted on our Internet 

site, at http://policy.ssa.gov/erm/ 

rules.nsf/Rules+Open+To+Comment, or 

you may inspect them on regular 

business days by making arrangements 

with the contact person shown in this 

preamble. 

Electronic Version: The electronic file 

of this document is available on the date 

of publication in the Federal Register at 

http://www.gpoaccess.gov/fr/ 

index.html. It is also available on the 

Internet site for SSA (i.e., Social 

Security Online) at http:// 

www.policy.ssa.gov/erm/rules.nsf/ 

Rules+Open+To+Comment. 

FOR FURTHER INFORMATION CONTACT: Don 

Harvey, Social Insurance Specialist, 

Office of Program Development and 

Research, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 597–1026 or TTY (410) 966–5609. 

For information on eligibility or filing 

for benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 1–

800–325–0778 or visit our Internet Web 

site, Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Statutory Background 

Sections 221(i) and 1614(a)(3)(H)(ii)(I) 

of the Act and §§ 404.1589, 416.987 and 

416.989 of our regulations require that 

after we find that you are disabled, we 

evaluate your impairment(s) from time 

to time to determine if you remain 

disabled. We call this evaluation a 

continuing disability review (CDR). If 

the medical and other evidence shows 

that you are not disabled under the 

standards set out in sections 223(f) and 

1614(a)(4) of the Act, we will end the