CFR Title 20 Employees` Benefits

CFR Title 20 – Employees` Benefits

CFR DataTable of FEDERAL REGISTER Activity

PublishedTypeAgencyAgency NameTitleExcerptsFRDocPDFHTMLAbstract
PublishedTypeAgencyAgency NameTitleExcerptsFRDocPDFHTMLAbstract
05/07/2018Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Musculoskeletal DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving musculoskeletal disorders in adults and children under titles II and XVI of the Social Security Act (Act). These proposed revisions...2018-08889FR-Doc-2018-08889Revised-Medical-Criteria-For-Evaluating-Musculoskeletal-DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving musculoskeletal disorders in adults and children under titles II and XVI of the Social Security Act (Act). These proposed revisions reflect our adjudicative experience, advances in medical knowledge and treatment of musculoskeletal disorders, and recommendations from medical experts.
04/20/2018Proposed RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human Subjects: Proposed Six Month Delay of the General Compliance Date While Allowing the Use of Three Burden-Reducing Provisions During the Delay PeriodIn a final rule published on January 19, 2017, federal departments and agencies made revisions to the Federal Policy for the Protection of Human Subjects (hereafter the ``2018 Requirements''). The Consumer Product Safety Commission (CPSC) adopted the...2018-08231FR-Doc-2018-08231Federal-Policy-For-The-Protection-Of-Human-Subjects-Proposed-Six-Month-Delay-Of-The-GeneralIn a final rule published on January 19, 2017, federal departments and agencies made revisions to the Federal Policy for the Protection of Human Subjects (hereafter the ``2018 Requirements''). The Consumer Product Safety Commission (CPSC) adopted the same regulatory changes in a separate final rule published on September 18, 2017. The 2018 Requirements were scheduled to become effective on January 19, 2018, with a general compliance date of January 19, 2018 (with the exception of the revisions to the cooperative research provision). The departments and agencies listed in this document have also published an interim final rule delaying the effective date and general compliance date for the 2018 Requirements for six months, to cover the time period of January 19, 2018 until July 19, 2018. As per the interim final rule, the effective date of the 2018 Requirements is now July 19, 2018. The departments and agencies listed in this document propose delaying the general compliance date for the 2018 Requirements for an additional six months, for the time period of July 19, 2018 until January 21, 2019. This proposed rule is intended to provide additional time to regulated entities for the preparations necessary to implement the 2018 Requirements. This proposed rule, if finalized, would require regulated entities to continue to comply with the requirements of the current Federal Policy for the Protection of Human Subjects (hereafter the ``pre-2018 Requirements'') until January 21, 2019. This proposal also takes comment on whether to permit institutions to implement, for certain research studies, the following provisions in the 2018 Requirements during the period from July 19, 2018, until January 21, 2019, that the general compliance date is delayed. Those three provisions, intended to reduce burdens on regulated entities, are the 2018 Requirements' definition of ``research,'' which deems certain activities not to be research, the allowance for no annual continuing review of certain categories of research, and the elimination of the requirement that institutional review boards (IRBs) review grant applications related to the research. The way that this option is proposed, regulated entities would be required to comply with all pre- 2018 Requirements during the period that the general compliance date is delayed, except for provisions substituted by the three burden-reducing provisions of the 2018 Requirements. As described in section III, below, this flexibility is proposed only for studies for which an institution makes a choice to transition to comply with the 2018 Requirements, beginning on July 19, 2018. In order to clearly describe this proposed flexibility, including how it would impact institutions choosing to transition research to comply with the 2018 Requirements, this document proposes a redrafted transition provision.
04/19/2018RuleDEPARTMENT OF LABORLabor DepartmentLongshore and Harbor Workers' Compensation Act: Maximum and Minimum Compensation RatesThis final rule contains regulations implementing the Longshore and Harbor Workers' Compensation Act's provisions on maximum and minimum amounts of compensation payable. These regulations clarify how the Department interprets and applies these...2018-08133FR-Doc-2018-08133Longshore-And-Harbor-Workers-Compensation-Act-Maximum-And-Minimum-Compensation-RatesThis final rule contains regulations implementing the Longshore and Harbor Workers' Compensation Act's provisions on maximum and minimum amounts of compensation payable. These regulations clarify how the Department interprets and applies these provisions in accordance with several court decisions to ensure injured workers are compensated properly and insurers and employers are aware of their responsibilities. In addition, the rule implements the Act's annual compensation-adjustment mechanism for permanent total disability compensation and death benefits.
04/02/2018RuleSocial Security AdministrationSocial Security AdministrationExtension of Expiration Dates for Two Body System ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Special Senses and Speech and Congenital Disorders That Affect Multiple Body Systems. We are making no other revisions to...2018-06671FR-Doc-2018-06671Extension-Of-Expiration-Dates-For-Two-Body-System-ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Special Senses and Speech and Congenital Disorders That Affect Multiple Body Systems. We are making no other revisions to these body systems in this final rule. This extension ensures that we will continue to have the criteria we need to evaluate impairments in the affected body systems at step three of the sequential evaluation processes for initial claims and continuing disability reviews.
03/14/2018RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Cancer (Malignant Neoplastic Diseases)This rule amends one section of the Benefits Review Board's regulations in order to change the mailing address for notices of appeal and correspondence sent to the Board.2018-05240FR-Doc-2018-05240Revised-Medical-Criteria-For-Evaluating-Cancer-Malignant-Neoplastic-Diseases 
01/26/2018RuleDEPARTMENT OF LABORLabor DepartmentHonoring Investments in Recruiting and Employing American Military Veterans (HIRE Vets) Medallion Program; Agency Information Collection Activities; OMB ApprovalsThis document announces that the Office of Management and Budget (OMB) has approved the information collections associated with the Honoring Investments in Recruiting and Employing American Military Veterans (HIRE Vets) Medallion Program rule under the...2018-01262FR-Doc-2018-01262Honoring-Investments-In-Recruiting-And-Employing-American-Military-Veterans-Hire-Vets-MedallionThis document announces that the Office of Management and Budget (OMB) has approved the information collections associated with the Honoring Investments in Recruiting and Employing American Military Veterans (HIRE Vets) Medallion Program rule under the Paperwork Reduction Act of 1995 (PRA).
01/22/2018RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human Subjects: Delay of the Revisions to the Federal Policy for the Protection of Human SubjectsIn a final rule published on January 19, 2017, federal departments and agencies listed in this document made revisions to the Federal Policy for the Protection of Human Subjects. The Consumer Product Safety Commission (CPSC) adopted the same regulatory...2018-00997FR-Doc-2018-00997Federal-Policy-For-The-Protection-Of-Human-Subjects-Delay-Of-The-Revisions-To-The-Federal-Policy-ForIn a final rule published on January 19, 2017, federal departments and agencies listed in this document made revisions to the Federal Policy for the Protection of Human Subjects. The Consumer Product Safety Commission (CPSC) adopted the same regulatory changes in a separate final rule published on September 18, 2017. The revised policy, reflected in both final rules, is described here as the ``2018 Requirements.'' The 2018 Requirements are scheduled to become effective on January 19, 2018, with a general compliance date of January 19, 2018 (with the exception of the revisions to the cooperative research provision). This interim final rule delays the effective date and general compliance date of the 2018 Requirements to July 19, 2018. The federal departments and agencies listed in this document are in the process of developing a proposed rule to further delay implementation of the 2018 Requirements. The limited implementation delay accomplished by this interim final rule both provides additional time to regulated entities for the preparations necessary to implement the 2018 Requirements, and additional time for the departments and agencies listed in this document to seek input from interested stakeholders through a notice and comment rulemaking process that allows for public engagement on the proposal for a further implementation delay.
01/08/2018RuleSocial Security AdministrationSocial Security AdministrationExtension of Sunset Date for Attorney Advisor ProgramWe are extending for six months our rule authorizing attorney advisors to conduct certain prehearing proceedings and to issue fully favorable decisions. The current rule is scheduled to expire on February 5, 2018. In this final rule, we are extending...2018-00058FR-Doc-2018-00058Extension-Of-Sunset-Date-For-Attorney-Advisor-ProgramWe are extending for six months our rule authorizing attorney advisors to conduct certain prehearing proceedings and to issue fully favorable decisions. The current rule is scheduled to expire on February 5, 2018. In this final rule, we are extending the sunset date to August 3, 2018. We are making no other substantive changes.
01/02/2018RuleDEPARTMENT OF LABORLabor DepartmentDepartment of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2018The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by...2017-28224FR-Doc-2017-28224Department-Of-Labor-Federal-Civil-Penalties-Inflation-Adjustment-Act-Annual-Adjustments-For-2018The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Inflation Adjustment Act requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost- of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the Department's 2018 annual adjustments for inflation to its civil monetary penalties.
12/15/2017RuleSocial Security AdministrationSocial Security AdministrationExtension of Expiration Dates for Four Body System ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Musculoskeletal System, Cardiovascular System, Digestive System, and Skin Disorders. We are making no other revisions to...2017-27086FR-Doc-2017-27086Extension-Of-Expiration-Dates-For-Four-Body-System-ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Musculoskeletal System, Cardiovascular System, Digestive System, and Skin Disorders. We are making no other revisions to these body systems in this final rule. This extension ensures that we will continue to have the criteria we need to evaluate impairments in the affected body systems at step three of the sequential evaluation processes for initial claims and continuing disability reviews.
12/01/2017RuleDEPARTMENT OF LABORLabor DepartmentSenior Community Service Employment Program; Performance AccountabilityThe Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this Interim Final Rule (IFR) revising performance accountability measures for the Senior Community Service Employment Program (SCSEP). Revised measures...2017-25834FR-Doc-2017-25834Senior-Community-Service-Employment-Program-Performance-AccountabilityThe Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this Interim Final Rule (IFR) revising performance accountability measures for the Senior Community Service Employment Program (SCSEP). Revised measures are necessary because the Older Americans Act Reauthorization Act of 2016 (OAA) amended the measures of performance for the SCSEP program in large part to align them with the performance measures mandated for programs under the Workforce Innovation and Opportunity Act (WIOA). This IFR revises the Performance Accountability subpart of the SCSEP regulations to reflect changes necessitated by the passage of the 2016 OAA. In addition, this rule makes minor, non-substantive amendments to other subparts of the SCSEP regulations to reflect the OAA amendments that aligned the SCSEP program statutory language with WIOA, such as updating outdated terminology and outdated references to the Workforce Investment Act of 1998 (WIA), which WIOA superseded. This IFR solicits public comment on this IFR, which the Department will consider when it issues a Final Rule.
11/13/2017RuleDEPARTMENT OF LABORLabor DepartmentHIRE Vets Medallion ProgramVETS published a proposed rule implementing the Honoring Investments in Recruiting and Employing (HIRE) American Military Veterans Act of 2017 (HIRE Vets Act or Act). The HIRE Vets Act requires the Department of Labor (DOL or Department) to establish...2017-24214FR-Doc-2017-24214Hire-Vets-Medallion-ProgramVETS published a proposed rule implementing the Honoring Investments in Recruiting and Employing (HIRE) American Military Veterans Act of 2017 (HIRE Vets Act or Act). The HIRE Vets Act requires the Department of Labor (DOL or Department) to establish by rule a HIRE Vets Medallion Program (Medallion Program) and annually solicit and accept voluntary information from employers for consideration of employers to receive a HIRE Vets Medallion Award (the award). Under the Program, VETS will review applications and notify recipients of their awards, and announce their names at a time that coincides with Veterans Day. This final rule sets out the criteria for the different categories and levels of HIRE Vets Medallion Awards, the award application process, and the award fees. VETS invited written comments on the proposed rule, and any specific issues related to the proposal, from members of the public.
08/22/2017RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Neurological Disorders; CorrectionWe published final rules in the Federal Register on July 1, 2016, that revised the Listing of Impairments (Listings) for the neurological body system. That document inadvertently omitted a reference. This document amends and corrects the final rule.2017-17724FR-Doc-2017-17724Revised-Medical-Criteria-For-Evaluating-Neurological-Disorders-CorrectionWe published final rules in the Federal Register on July 1, 2016, that revised the Listing of Impairments (Listings) for the neurological body system. That document inadvertently omitted a reference. This document amends and corrects the final rule.
08/18/2017Proposed RuleDEPARTMENT OF LABORLabor DepartmentHIRE Vets Medallion ProgramVETS is publishing this Notice of Proposed Rulemaking (NPRM)2017-17249FR-Doc-2017-17249Hire-Vets-Medallion-ProgramVETS is publishing this Notice of Proposed Rulemaking (NPRM)
07/25/2017RuleSocial Security AdministrationSocial Security AdministrationExtension of Sunset Date for Attorney Advisor ProgramWe are extending for six months our rule authorizing attorney advisors to conduct certain prehearing proceedings and to issue fully favorable decisions. The current rule is scheduled to expire on August 4, 2017. In this final rule, we are extending the...2017-15493FR-Doc-2017-15493Extension-Of-Sunset-Date-For-Attorney-Advisor-ProgramWe are extending for six months our rule authorizing attorney advisors to conduct certain prehearing proceedings and to issue fully favorable decisions. The current rule is scheduled to expire on August 4, 2017. In this final rule, we are extending the sunset date to February 5, 2018. We are making no other substantive changes.
07/19/2017RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentExercise of Time-Limited Authority To Increase the Fiscal Year 2017 Numerical Limitation for the H-2B Temporary Nonagricultural Worker ProgramThe Secretary of Homeland Security (``Secretary''), in consultation with the Secretary of Labor, has decided to increase the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of up to an additional 15,000 through the end of...2017-15208FR-Doc-2017-15208Exercise-Of-Time-Limited-Authority-To-Increase-The-Fiscal-Year-2017-Numerical-Limitation-For-TheThe Secretary of Homeland Security (``Secretary''), in consultation with the Secretary of Labor, has decided to increase the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of up to an additional 15,000 through the end of Fiscal Year (FY) 2017. This is a one-time increase based on a time-limited statutory authority and does not affect the H-2B program in future fiscal years. The Departments are promulgating regulations to implement this determination.
05/18/2017RuleSocial Security AdministrationSocial Security AdministrationImplementation of the NICS Improvement Amendments Act of 2007We are removing from the Code of Federal Regulations the final rules, Implementation of the NICS Improvement Amendments Act of 2007 (NIAA), published on December 19, 2016. We are doing so because Congress passed, and the President signed, a joint...2017-10084FR-Doc-2017-10084Implementation-Of-The-Nics-Improvement-Amendments-Act-Of-2007We are removing from the Code of Federal Regulations the final rules, Implementation of the NICS Improvement Amendments Act of 2007 (NIAA), published on December 19, 2016. We are doing so because Congress passed, and the President signed, a joint resolution of disapproval of the final rules under the Congressional Review Act.
05/11/2017RuleDEPARTMENT OF LABORLabor DepartmentFederal State Unemployment Compensation Program; Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation ApplicantsUnder the Congressional Review Act, Congress has passed, and the President has signed a public law disapproving the Employment and Training Administration's (ETA's) final rule establishing appropriate occupations for State drug testing of unemployment...2017-09374FR-Doc-2017-09374Federal-State-Unemployment-Compensation-Program-Middle-Class-Tax-Relief-And-Job-Creation-Act-Of-2012Under the Congressional Review Act, Congress has passed, and the President has signed a public law disapproving the Employment and Training Administration's (ETA's) final rule establishing appropriate occupations for State drug testing of unemployment compensation claimants. ETA published the final rule on August 1, 2016, and the rule became effective on September 30, 2016. Because the public law invalidates the rule, ETA is hereby removing it from the Code of Federal Regulations.
04/27/2017Proposed RuleRAILROAD RETIREMENT BOARDRailroad Retirement BoardGeneral Administration: Designation of Central and Field Organization; Internal OrganizationThe Railroad Retirement Board (Board) proposes to amend its regulations to update the members of the Executive Committee, update the responsibilities of the Executive Committee members, and update office titles.2017-07893FR-Doc-2017-07893General-Administration-Designation-Of-Central-And-Field-Organization-Internal-OrganizationThe Railroad Retirement Board (Board) proposes to amend its regulations to update the members of the Executive Committee, update the responsibilities of the Executive Committee members, and update office titles.
04/05/2017RuleSocial Security AdministrationSocial Security AdministrationAnti-Harassment and Hostile Work Environment Case Tracking and Records SystemThe Social Security Administration (SSA) is issuing a final rule to amend its Privacy Act regulation exempting portions of a system of records from certain provisions of the Privacy Act of 1974, entitled Anti-Harassment & Hostile Work Environment Case...2017-06719FR-Doc-2017-06719Anti-Harassment-And-Hostile-Work-Environment-Case-Tracking-And-Records-SystemThe Social Security Administration (SSA) is issuing a final rule to amend its Privacy Act regulation exempting portions of a system of records from certain provisions of the Privacy Act of 1974, entitled Anti-Harassment & Hostile Work Environment Case Tracking and Records System. Because this system will contain some investigatory material compiled for law enforcement purposes, this rule will exempt those records within this new system of records from specific provisions of the Privacy Act.
03/27/2017RuleSocial Security AdministrationSocial Security AdministrationRevisions to Rules Regarding the Evaluation of Medical Evidence; CorrectionWe published a document in the Federal Register on January 18, 2017, that revises our rules. That document inadvertently contained technical errors. This document amends and corrects the final rules.2017-06023FR-Doc-2017-06023Revisions-To-Rules-Regarding-The-Evaluation-Of-Medical-Evidence-CorrectionWe published a document in the Federal Register on January 18, 2017, that revises our rules. That document inadvertently contained technical errors. This document amends and corrects the final rules.
01/23/2017RuleSocial Security AdministrationSocial Security AdministrationUnsuccessful Work Attempts and Expedited Reinstatement Eligibility; CorrectionWe published a document in the Federal Register revising our rules on October 17, 2016. That document inadvertently omitted a corresponding technical change to Sec. 404.1592f(a) when Sec. 404.1592c(a) was amended with the final rule publication. By...2017-00076FR-Doc-2017-00076Unsuccessful-Work-Attempts-And-Expedited-Reinstatement-Eligibility-CorrectionWe published a document in the Federal Register revising our rules on October 17, 2016. That document inadvertently omitted a corresponding technical change to Sec. 404.1592f(a) when Sec. 404.1592c(a) was amended with the final rule publication. By making this technical correction we will also need to redesignate the amendatory instructions to incorporate the missing section changes to Sec. 404.1592f(a). This document corrects the final regulation by making these technical corrections.
01/19/2017RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human SubjectsThe departments and agencies listed in this document announce revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was originally promulgated as a Common Rule in 1991. This final rule...2017-01058FR-Doc-2017-01058Federal-Policy-For-The-Protection-Of-Human-SubjectsThe departments and agencies listed in this document announce revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was originally promulgated as a Common Rule in 1991. This final rule is intended to better protect human subjects involved in research, while facilitating valuable research and reducing burden, delay, and ambiguity for investigators. These revisions are an effort to modernize, simplify, and enhance the current system of oversight.
01/18/2017RuleDEPARTMENT OF LABORLabor DepartmentDepartment of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2017The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by...2017-00614FR-Doc-2017-00614Department-Of-Labor-Federal-Civil-Penalties-Inflation-Adjustment-Act-Annual-Adjustments-For-2017The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Inflation Adjustment Act requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost- of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the Department's 2017 annual adjustments for inflation to its civil monetary penalties, effective January 13, 2017.
01/18/2017RuleSocial Security AdministrationSocial Security AdministrationRevisions to Rules Regarding the Evaluation of Medical EvidenceWe are revising our medical evidence rules. The revisions include redefining several key terms related to evidence, revising our rules about acceptable medical sources (AMS), revising how we consider and articulate our consideration of medical opinions...2017-00455FR-Doc-2017-00455Revisions-To-Rules-Regarding-The-Evaluation-Of-Medical-EvidenceWe are revising our medical evidence rules. The revisions include redefining several key terms related to evidence, revising our rules about acceptable medical sources (AMS), revising how we consider and articulate our consideration of medical opinions and prior administrative medical findings, revising our rules about medical consultants (MC) and psychological consultants (PC), revising our rules about treating sources, and reorganizing our evidence regulations for ease of use. These revisions conform our rules to the requirements of the Bipartisan Budget Act of 2015 (BBA), reflect changes in the national healthcare workforce and in the manner that individuals receive medical care, and emphasize the need for objective medical evidence in disability and blindness claims. We expect that these changes will simplify our rules to make them easier to understand and apply, and allow us to continue to make accurate and consistent disability determinations and decisions.
01/04/2017Proposed RuleDEPARTMENT OF LABORLabor DepartmentBlack Lung Benefits Act: Medical Benefit PaymentsThe Department is proposing revisions to regulations under the Black Lung Benefits Act (BLBA or Act) governing the payment of medical benefits. The Department is basing these rules on payment formulas that the Centers for Medicare & Medicaid Services...2016-31382FR-Doc-2016-31382Black-Lung-Benefits-Act-Medical-Benefit-PaymentsThe Department is proposing revisions to regulations under the Black Lung Benefits Act (BLBA or Act) governing the payment of medical benefits. The Department is basing these rules on payment formulas that the Centers for Medicare & Medicaid Services (CMS) uses to determine payments under the Medicare program. The Department also intends to make the rules similar to those utilized in the other programs that the Office of Workers' Compensation Programs (OWCP) administers. These rules will determine the amounts payable for covered medical services and treatments provided to entitled miners, when those services or treatments are paid by the Black Lung Disability Trust Fund. In addition, the proposed rule would eliminate two obsolete provisions.
12/19/2016RuleSocial Security AdministrationSocial Security AdministrationImplementation of the NICS Improvement Amendments Act of 2007These final rules implement provisions of the NICS Improvement Amendments Act of 2007 (NIAA) that require Federal agencies to provide relevant records to the Attorney General for inclusion in the National Instant Criminal Background Check System...2016-30407FR-Doc-2016-30407Implementation-Of-The-Nics-Improvement-Amendments-Act-Of-2007These final rules implement provisions of the NICS Improvement Amendments Act of 2007 (NIAA) that require Federal agencies to provide relevant records to the Attorney General for inclusion in the National Instant Criminal Background Check System (NICS). Under these final rules, we will identify, on a prospective basis, individuals who receive Disability Insurance benefits under title II of the Social Security Act (Act) or Supplemental Security Income (SSI) payments under title XVI of the Act and who also meet certain other criteria, including an award of benefits based on a finding that the individual's mental impairment meets or medically equals the requirements of section 12.00 of the Listing of Impairments (Listings) and receipt of benefits through a representative payee. We will provide pertinent information about these individuals to the Attorney General on not less than a quarterly basis. As required by the NIAA, at the commencement of the adjudication process we will also notify individuals, both orally and in writing, of their possible Federal prohibition on possessing or receiving firearms, the consequences of such prohibition, the criminal penalties for violating the Gun Control Act, and the availability of relief from the prohibition on the receipt or possession of firearms imposed by Federal law. Finally, we also establish a program that permits individuals to request relief from the Federal firearms prohibitions based on our adjudication. These changes will allow us to fulfill responsibilities that we have under the NIAA.
12/16/2016RuleSocial Security AdministrationSocial Security AdministrationEnsuring Program Uniformity at the Hearing and Appeals Council Levels of the Administrative Review ProcessWe are revising our rules so that more of our procedures at the hearing and Appeals Council levels of our administrative review process are consistent nationwide. We anticipate that these nationally consistent procedures will enable us to administer...2016-30103FR-Doc-2016-30103Ensuring-Program-Uniformity-At-The-Hearing-And-Appeals-Council-Levels-Of-The-Administrative-ReviewWe are revising our rules so that more of our procedures at the hearing and Appeals Council levels of our administrative review process are consistent nationwide. We anticipate that these nationally consistent procedures will enable us to administer our disability programs more efficiently and better serve the public.
12/09/2016Proposed RuleRAILROAD RETIREMENT BOARDRailroad Retirement BoardPayments Pursuant to Court Decree or Court-Approved Property SettlementThe Railroad Retirement Board (Board) proposes to amend its regulations addressing who may receive a portion of an employee annuity due to a former spouse of a railroad annuitant under a court decree of divorce or court-approved property settlement,...2016-29496FR-Doc-2016-29496Payments-Pursuant-To-Court-Decree-Or-Court-Approved-Property-SettlementThe Railroad Retirement Board (Board) proposes to amend its regulations addressing who may receive a portion of an employee annuity due to a former spouse of a railroad annuitant under a court decree of divorce or court-approved property settlement, but which was unpaid at the time of the former spouse's death. The current regulation states that the Board will follow the priority order provided for employee annuities unpaid at death in Section 234.1 of the Board's regulations. The proper section pertaining to employee annuities due but unpaid at death is located in Section 234.31 of the Board's regulations. This amendment is necessary to insert the correct section reference.
12/02/2016Proposed RuleSocial Security AdministrationSocial Security AdministrationAnti-Harassment and Hostile Work Environment Case Tracking and Records SystemThe Social Security Administration (SSA) separately published, in today's Federal Register, notice of a new system of records, entitled Anti-Harassment & Hostile Work Environment Case Tracking and Records System. Because this system will contain some...2016-28919FR-Doc-2016-28919Anti-Harassment-And-Hostile-Work-Environment-Case-Tracking-And-Records-SystemThe Social Security Administration (SSA) separately published, in today's Federal Register, notice of a new system of records, entitled Anti-Harassment & Hostile Work Environment Case Tracking and Records System. Because this system will contain some investigatory material compiled for law enforcement purposes, the SSA proposes to exempt those records within this new system of records from specific provisions of the Privacy Act.
12/02/2016RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Human Immunodeficiency Virus (HIV) Infection and for Evaluating Functional Limitations in Immune System DisordersWe are revising the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving human immunodeficiency virus (HIV) infection in adults and children under titles II and XVI of the Social Security Act (Act). We also are...2016-28843FR-Doc-2016-28843Revised-Medical-Criteria-For-Evaluating-Human-Immunodeficiency-Virus-Hiv-Infection-And-ForWe are revising the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving human immunodeficiency virus (HIV) infection in adults and children under titles II and XVI of the Social Security Act (Act). We also are revising the introductory text of the listings that we use to evaluate functional limitations resulting from immune system disorders. The revisions reflect our program experience, advances in medical knowledge, our adjudicative experience, recommendations from a commissioned report, and comments from medical experts and the public.
12/02/2016RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Mental Disorders; CorrectionWe published a document in the Federal Register revising our rules on September 26, 2016. That document inadvertently included incorrect amendatory instructions to appendix 1 to subpart P of 20 CFR part 404, removing section 114.00I and redesignating...2016-28845FR-Doc-2016-28845Revised-Medical-Criteria-For-Evaluating-Mental-Disorders-CorrectionWe published a document in the Federal Register revising our rules on September 26, 2016. That document inadvertently included incorrect amendatory instructions to appendix 1 to subpart P of 20 CFR part 404, removing section 114.00I and redesignating section 114.00J as section 114.00I. This document corrects the final regulation by removing that amendatory instruction.
11/09/2016Proposed RuleRAILROAD RETIREMENT BOARDRailroad Retirement BoardProviding Evidence of DisabilityWe propose to amend our regulations regarding the submission of evidence in disability claims to require you to inform us or submit all evidence known to you that ``relates to'' your disability claims with exceptions for privileged communications and...2016-27060FR-Doc-2016-27060Providing-Evidence-Of-DisabilityWe propose to amend our regulations regarding the submission of evidence in disability claims to require you to inform us or submit all evidence known to you that ``relates to'' your disability claims with exceptions for privileged communications and duplicates. This requirement would include the duty to submit all evidence obtained from any source in its entirety, subject to one of these exceptions. These modifications to our regulations would better describe your duty to submit all evidence that relates to your disability claim and will enable us to have a more complete case record which will allow us to make more accurate determinations of your disability status.
10/24/2016RuleSocial Security AdministrationSocial Security AdministrationExtension of the Expiration Date for State Disability Examiner Authority To Make Fully Favorable Quick Disability Determinations and Compassionate Allowance DeterminationsWe are extending, until December 28, 2018, the expiration date of our disability examiner authority (DEA) rule, which authorizes State agency disability examiners to make fully favorable determinations without the approval of a State agency medical or...2016-25565FR-Doc-2016-25565Extension-Of-The-Expiration-Date-For-State-Disability-Examiner-Authority-To-Make-Fully-FavorableWe are extending, until December 28, 2018, the expiration date of our disability examiner authority (DEA) rule, which authorizes State agency disability examiners to make fully favorable determinations without the approval of a State agency medical or psychological consultant in claims that we consider under our quick disability determination (QDD) and compassionate allowance (CAL) processes. This is our last extension of this rule because we will phase out the use of DEA during the extension period under section 832 of the Bipartisan Budget Act of 2015 (BBA). This extension provides us the time necessary to take all of the administrative actions we need to take in order to reinstate uniform use of medical and psychological consultants. The current rule will expire on November 11, 2016. In this final rule, we are changing the November 11, 2016 expiration or ``sunset'' date to December 28, 2018, extending the authority for 2 years and 1 month. This is the final extension of our DEA rule. On December 28, 2018, at the conclusion of this extension, the authority for this test will terminate. We are making no other changes.
10/17/2016RuleSocial Security AdministrationSocial Security AdministrationUnsuccessful Work Attempts and Expedited Reinstatement EligibilityThese rules finalize the rules we proposed in our notice of proposed rulemaking (NPRM), published on May 11, 2016. In these rules, we remove some of the requirements for evaluation of an unsuccessful work attempt (UWA) that lasts between 3 and 6...2016-24873FR-Doc-2016-24873Unsuccessful-Work-Attempts-And-Expedited-Reinstatement-EligibilityThese rules finalize the rules we proposed in our notice of proposed rulemaking (NPRM), published on May 11, 2016. In these rules, we remove some of the requirements for evaluation of an unsuccessful work attempt (UWA) that lasts between 3 and 6 months, allow previously entitled beneficiaries to apply for expedited reinstatement (EXR) in the same month they stop performing substantial gainful activity (SGA), and provide that provisional benefits will begin the month after the request for EXR if the beneficiary stops performing SGA in the month of the EXR request. These changes will simplify our policies and make them easier for the public to understand.
09/26/2016RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Mental DisordersWe are revising the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving mental disorders in adults and children under titles II and XVI of the Social Security Act (Act). The revisions reflect our program...2016-22908FR-Doc-2016-22908Revised-Medical-Criteria-For-Evaluating-Mental-DisordersWe are revising the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving mental disorders in adults and children under titles II and XVI of the Social Security Act (Act). The revisions reflect our program experience, advances in medical knowledge, recommendations from a commissioned report, and public comments we received in response to a Notice of Proposed Rulemaking (NPRM).
09/23/2016RuleSocial Security AdministrationSocial Security AdministrationEvidence From Excluded Medical Sources of EvidenceIn accordance with section 812 of the Bipartisan Budget Act of 2015 (BBA section 812), these rules explain how we will address evidence furnished by medical sources that meet one of BBA section 812's exclusionary categories (excluded medical sources of...2016-22909FR-Doc-2016-22909Evidence-From-Excluded-Medical-Sources-Of-EvidenceIn accordance with section 812 of the Bipartisan Budget Act of 2015 (BBA section 812), these rules explain how we will address evidence furnished by medical sources that meet one of BBA section 812's exclusionary categories (excluded medical sources of evidence) as described below. Under these new rules, we will not consider evidence furnished by an excluded medical source of evidence unless we find good cause to do so. We identify five circumstances in which we may find good cause. In these rules, we also require excluded medical sources of evidence to notify us of their excluded status under section 223(d)(5)(C)(i) of the Social Security Act (Act), as amended, in writing each time they furnish evidence to us that relates to a claim for initial or continuing benefits under titles II or XVI of the Act. These rules will allow us to fulfill obligations that we have under BBA section 812.
09/19/2016RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Respiratory System DisordersWe are proposing several revisions to our medical evidence rules. The proposals include redefining several key terms related to evidence, revising our list of acceptable medical sources (AMS), revising how we consider and articulate our consideration...C1-2016-13275FR-Doc-C1-2016-13275https://www.federalregister.gov/documents/2016/09/19/C1-2016-13275/revised-medical-criteria-for-evaluating-respiratory-system-disorders 
08/26/2016Proposed RuleDEPARTMENT OF LABORLabor DepartmentLongshore and Harbor Workers' Compensation Act: Maximum and Minimum Compensation RatesThe Office of Workers' Compensation Programs is proposing rules to implement the Longshore and Harbor Workers' Compensation Act's maximum and minimum compensation provisions. Some of these provisions, which cap the amounts of compensation and death...2016-20467FR-Doc-2016-20467Longshore-And-Harbor-Workers-Compensation-Act-Maximum-And-Minimum-Compensation-RatesThe Office of Workers' Compensation Programs is proposing rules to implement the Longshore and Harbor Workers' Compensation Act's maximum and minimum compensation provisions. Some of these provisions, which cap the amounts of compensation and death benefits payable to entitled claimants and provide a floor below which compensation may not fall, have become the topic of litigation. The proposed rules would clarify how the Department interprets and applies these provisions. In addition, the proposed rules would implement the Act's annual compensation-adjustment mechanism for permanent total disability compensation and death benefits.
08/24/2016RuleDEPARTMENT OF LABORLabor DepartmentFederal-State Unemployment Compensation Program; Implementing the Total Unemployment Rate as an Extended Benefits Indicator and Amending for Technical Corrections; Final RuleThe Employment and Training Administration (ETA) of the U.S. Department of Labor (Department) issues this final rule to implement statutory amendments to the Extended Benefits (EB) program, which pays extra weeks of unemployment compensation during...2016-18382FR-Doc-2016-18382Federal-State-Unemployment-Compensation-Program-Implementing-The-Total-Unemployment-Rate-As-AnThe Employment and Training Administration (ETA) of the U.S. Department of Labor (Department) issues this final rule to implement statutory amendments to the Extended Benefits (EB) program, which pays extra weeks of unemployment compensation during periods of high unemployment in a State. Specifically, this final rule codifies a methodology for computing the Total Unemployment Rate (TUR) indicator which is an optional indicator used to measure unemployment in a State. Also, the final rule makes technical corrections to the current regulations and corrects minor mistakes.
08/19/2016RuleDEPARTMENT OF LABORLabor DepartmentWorkforce Innovation and Opportunity Act; Joint Rule for Unified and Combined State Plans, Performance Accountability, and the One-Stop System Joint Provisions; Final RuleThe Departments of Education (ED) and Labor (DOL) (or, collectively, Departments) issue this Joint Final Rule to implement jointly administered activities authorized by title I of the Workforce Innovation and Opportunity Act (WIOA) signed into law on...2016-15977FR-Doc-2016-15977Workforce-Innovation-And-Opportunity-Act-Joint-Rule-For-Unified-And-Combined-State-Plans-PerformanceThe Departments of Education (ED) and Labor (DOL) (or, collectively, Departments) issue this Joint Final Rule to implement jointly administered activities authorized by title I of the Workforce Innovation and Opportunity Act (WIOA) signed into law on July 22, 2014 (hereafter ``Joint WIOA Final Rule''). Through these regulations, the Departments implement workforce education and employment system reforms and strengthen the nation's public workforce development system to provide increased economic opportunity and make the United States more competitive in the 21st century evolving labor market. This Joint WIOA Final Rule provides guidance for State and local workforce development systems that increase the skill and credential attainment, employment, retention, and earnings of participants, especially those with significant barriers to employment, thereby improving the quality of the workforce, reducing dependency on public benefits, increasing economic opportunity, and enhancing the productivity and competitiveness of the nation.
08/19/2016RuleDEPARTMENT OF LABORLabor DepartmentWorkforce Innovation and Opportunity ActThe Department of Labor (DOL or the Department) issues this Final Rule to implement titles I and III of the Workforce Innovation and Opportunity Act (WIOA). Through these regulations, the Department reforms and modernizes our nation's workforce...2016-15975FR-Doc-2016-15975Workforce-Innovation-And-Opportunity-ActThe Department of Labor (DOL or the Department) issues this Final Rule to implement titles I and III of the Workforce Innovation and Opportunity Act (WIOA). Through these regulations, the Department reforms and modernizes our nation's workforce development system. This rule provides the framework for changes for statewide and local workforce development systems to increase the employment, retention, earnings, and occupational skill attainment of U.S. workers, particularly those individuals with barriers to employment, so they can move into good jobs and careers and provide businesses with the skilled workforce needed to make the United States more competitive in the 21st Century global economy.
08/16/2016Proposed RuleSocial Security AdministrationSocial Security AdministrationRevisions to Rules of Conduct and Standards of Responsibility for Appointed RepresentativesWe propose to revise our rules of conduct and standards of responsibility for representatives. We also propose to update and clarify procedures we use when we bring charges against a representative for violating our rules of conduct and standards of...2016-19384FR-Doc-2016-19384Revisions-To-Rules-Of-Conduct-And-Standards-Of-Responsibility-For-Appointed-RepresentativesWe propose to revise our rules of conduct and standards of responsibility for representatives. We also propose to update and clarify procedures we use when we bring charges against a representative for violating our rules of conduct and standards of responsibilities for representatives. These changes are necessary to better protect the integrity of our administrative process and further clarify representatives' currently existing responsibilities in their conduct with us. The changes to our rules are not meant to suggest that any specific conduct is permissible under our existing rules; instead, we seek to ensure that our rules of conduct and standards of responsibility are clearer as a whole and directly address a broader range of inappropriate conduct.
08/04/2016Proposed RuleSocial Security AdministrationSocial Security AdministrationEnsuring Program Uniformity at the Hearing and Appeals Council Levels of the Administrative Review ProcessOn July 12, 2016, we published in the Federal Register a notice of proposed rulemaking (NPRM) for Ensuring Program Uniformity at the Hearing and Appeals Council Levels of the Administrative Review Process. We provided a 30-day comment period ending on...2016-18367FR-Doc-2016-18367Ensuring-Program-Uniformity-At-The-Hearing-And-Appeals-Council-Levels-Of-The-Administrative-ReviewOn July 12, 2016, we published in the Federal Register a notice of proposed rulemaking (NPRM) for Ensuring Program Uniformity at the Hearing and Appeals Council Levels of the Administrative Review Process. We provided a 30-day comment period ending on August 11, 2016. We are extending the comment period for 15 days.
08/03/2016RuleSocial Security AdministrationSocial Security AdministrationExtension of Expiration Dates for Four Body System ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Musculoskeletal System, Cardiovascular System, Digestive System, and Skin Disorders. We are making no other revisions to...2016-18051FR-Doc-2016-18051Extension-Of-Expiration-Dates-For-Four-Body-System-ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Musculoskeletal System, Cardiovascular System, Digestive System, and Skin Disorders. We are making no other revisions to these body systems in this final rule. This extension ensures that we will continue to have the criteria we need to evaluate impairments in the affected body systems at step three of the sequential evaluation processes for initial claims and continuing disability reviews.
08/01/2016RuleDEPARTMENT OF LABORLabor DepartmentFederal-State Unemployment Compensation Program; Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation ApplicantsThe Employment and Training Administration (ETA) of the U.S. Department of Labor (Department) is issuing this final rule to establish, for State Unemployment Compensation (UC) program purposes, occupations that regularly conduct drug testing. These...2016-17738FR-Doc-2016-17738Federal-State-Unemployment-Compensation-Program-Middle-Class-Tax-Relief-And-Job-Creation-Act-Of-2012The Employment and Training Administration (ETA) of the U.S. Department of Labor (Department) is issuing this final rule to establish, for State Unemployment Compensation (UC) program purposes, occupations that regularly conduct drug testing. These regulations implement the Middle Class Tax Relief and Job Creation Act of 2012 (the Act) amendments to the Social Security Act (SSA), permitting States to enact legislation that would allow State UC agencies to conduct drug testing on UC applicants for whom suitable work (as defined under the State law) is available only in an occupation that regularly conducts drug testing (as determined under regulations issued by the Secretary of Labor (Secretary)). States may deny UC to an applicant who tests positive for drug use under these circumstances. The Secretary is required under the SSA to issue regulations determining those occupations that regularly conduct drug testing.
07/26/2016RuleDEPARTMENT OF LABORLabor DepartmentDepartment of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments; CorrectionThe U.S. Department of Labor (DOL) is correcting an interim final rule published in the Federal Register on July 1, 2016 (81 FR 43430). The interim final rule adjusts the amounts of civil penalties assessed or enforced in its regulations pursuant to...2016-17552FR-Doc-2016-17552Department-Of-Labor-Federal-Civil-Penalties-Inflation-Adjustment-Act-Catch-Up-Adjustments-CorrectionThe U.S. Department of Labor (DOL) is correcting an interim final rule published in the Federal Register on July 1, 2016 (81 FR 43430). The interim final rule adjusts the amounts of civil penalties assessed or enforced in its regulations pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. That document inadvertently provided an incorrect authority citation when revising the general authority section for 20 CFR part 655. This document corrects the interim final rule by revising the appropriate authority section.
07/12/2016Proposed RuleSocial Security AdministrationSocial Security AdministrationEnsuring Program Uniformity at the Hearing and Appeals Council Levels of the Administrative Review ProcessWe propose to revise our rules so that more of our procedures at the administrative law judge (ALJ) and Appeals Council levels of our administrative review process are consistent nationwide. We anticipate that these nationally consistent procedures...2016-16265FR-Doc-2016-16265Ensuring-Program-Uniformity-At-The-Hearing-And-Appeals-Council-Levels-Of-The-Administrative-ReviewWe propose to revise our rules so that more of our procedures at the administrative law judge (ALJ) and Appeals Council levels of our administrative review process are consistent nationwide. We anticipate that these nationally consistent procedures will enable us to administer our disability programs more efficiently and better serve the public.
07/01/2016RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Neurological DisordersWe are revising the criteria in the Listing of Impairments (listings) that we use to evaluate disability claims involving neurological disorders in adults and children under titles II and XVI of the Social Security Act (Act). These revisions reflect...2016-15306FR-Doc-2016-15306Revised-Medical-Criteria-For-Evaluating-Neurological-DisordersWe are revising the criteria in the Listing of Impairments (listings) that we use to evaluate disability claims involving neurological disorders in adults and children under titles II and XVI of the Social Security Act (Act). These revisions reflect our program experience; advances in medical knowledge, treatment, and methods of evaluating neurological disorders; comments we received from medical experts and the public at an outreach policy conference; responses to an advance notice of proposed rulemaking (ANPRM); and public comments we received in response to a Notice of Proposed Rulemaking (NPRM) and a Federal Register notice that reopened the NPRM comment period.
07/01/2016RuleDEPARTMENT OF LABORLabor DepartmentDepartment of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up AdjustmentsThe U.S. Department of Labor is issuing this interim final rule to adjust the amounts of civil penalties assessed or enforced in its regulations. The Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties...2016-15378FR-Doc-2016-15378Department-Of-Labor-Federal-Civil-Penalties-Inflation-Adjustment-Act-Catch-Up-AdjustmentsThe U.S. Department of Labor is issuing this interim final rule to adjust the amounts of civil penalties assessed or enforced in its regulations. The Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) requires agencies to adjust the levels of civil monetary penalties with an initial catch-up adjustment, followed by annual adjustments for inflation. The Department is required to calculate the catch-up and subsequent annual adjustments based on the Consumer Price Index for all Urban Consumers. The Department must publish the interim final rule by July 1, 2016, and the new penalty levels are effective no later than August 1, 2016.
06/27/2016RuleSocial Security AdministrationSocial Security AdministrationPenalty Inflation Adjustments for Civil Money PenaltiesIn accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, and further amended by the Bipartisan Budget Act of 2015, section 701: Federal Civil Penalties Inflation...2016-13241FR-Doc-2016-13241Penalty-Inflation-Adjustments-For-Civil-Money-PenaltiesIn accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, and further amended by the Bipartisan Budget Act of 2015, section 701: Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this interim final rule incorporates the penalty inflation adjustments for the civil money penalties contained in the Social Security Act.
06/24/2016RuleSocial Security AdministrationSocial Security AdministrationExtension of Effective Date for Temporary Pilot Program Setting the Time and Place for a Hearing Before an Administrative Law JudgeWe are extending for one year our pilot program that authorizes the agency to set the time and place for a hearing before an administrative law judge (ALJ). Extending the pilot program continues our commitment to improve the efficiency of our hearing...2016-14974FR-Doc-2016-14974Extension-Of-Effective-Date-For-Temporary-Pilot-Program-Setting-The-Time-And-Place-For-A-HearingWe are extending for one year our pilot program that authorizes the agency to set the time and place for a hearing before an administrative law judge (ALJ). Extending the pilot program continues our commitment to improve the efficiency of our hearing process and to maintain a hearing process that results in accurate, high-quality decisions for claimants. The current pilot program will expire on August 12, 2016. In this final rule, we are extending the effective date to August 11, 2017. We are making no other changes.
06/10/2016Proposed RuleSocial Security AdministrationSocial Security AdministrationEvidence From Statutorily Excluded Medical SourcesIn accordance with section 812 of the Bipartisan Budget Act of 2015 (BBA section 812), we propose to revise our rules to explain how we would address evidence furnished by medical sources that meet one of BBA section 812's exclusionary categories...2016-13744FR-Doc-2016-13744Evidence-From-Statutorily-Excluded-Medical-SourcesIn accordance with section 812 of the Bipartisan Budget Act of 2015 (BBA section 812), we propose to revise our rules to explain how we would address evidence furnished by medical sources that meet one of BBA section 812's exclusionary categories (statutorily excluded medical sources). Under this proposed rule, we would not consider evidence furnished by a statutorily excluded medical source unless we find good cause to do so. We propose several circumstances in which we would find good cause, and we also propose to require statutorily excluded medical sources to notify us of their excluded status when they furnish evidence to us. These rules would allow us to fulfill obligations that we have under the Bipartisan Budget Act of 2015 (BBA).
06/09/2016RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Respiratory System DisordersWe are revising the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving respiratory disorders in adults and children under titles II and XVI of the Social Security Act (Act). The revisions reflect our program...2016-13275FR-Doc-2016-13275Revised-Medical-Criteria-For-Evaluating-Respiratory-System-DisordersWe are revising the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving respiratory disorders in adults and children under titles II and XVI of the Social Security Act (Act). The revisions reflect our program experience and advances in medical knowledge since we last comprehensively revised this body system in 1993, as well as comments we received from medical experts and the public.
05/24/2016RuleSocial Security AdministrationSocial Security AdministrationExtension of Expiration Dates for Two Body System ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Endocrine Disorders and Immune System Disorders. We are making no other revisions to these body systems in this final rule....2016-12182FR-Doc-2016-12182Extension-Of-Expiration-Dates-For-Two-Body-System-ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Endocrine Disorders and Immune System Disorders. We are making no other revisions to these body systems in this final rule. This extension ensures that we will continue to have the criteria we need to evaluate impairments in the affected body systems at step three of the sequential evaluation processes for initial claims and continuing disability reviews.
05/20/2016RuleDEPARTMENT OF LABORLabor DepartmentBlack Lung Benefits Act: Disclosure of Medical Evidence and Payment of Benefits; Technical AmendmentThe Office of Workers' Compensation Programs is making a technical amendment to its regulation on disclosure of medical information to reflect the Office of Management and Budget's approval under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C....2016-11840FR-Doc-2016-11840Black-Lung-Benefits-Act-Disclosure-Of-Medical-Evidence-And-Payment-Of-Benefits-Technical-AmendmentThe Office of Workers' Compensation Programs is making a technical amendment to its regulation on disclosure of medical information to reflect the Office of Management and Budget's approval under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501-20, of the information collection requirements contained in that regulation.
05/16/2016RuleRAILROAD RETIREMENT BOARDRailroad Retirement BoardRecovery of Debts Owed to the United States Government by Administrative OffsetThe Railroad Retirement Board (Board) amends its regulations by changing from 180 days delinquent to 120 days delinquent debts that are referred to Treasury in compliance with the DATA Act.2016-11445FR-Doc-2016-11445Recovery-Of-Debts-Owed-To-The-United-States-Government-By-Administrative-OffsetThe Railroad Retirement Board (Board) amends its regulations by changing from 180 days delinquent to 120 days delinquent debts that are referred to Treasury in compliance with the DATA Act.
05/11/2016Proposed RuleSocial Security AdministrationSocial Security AdministrationUnsuccessful Work Attempts and Expedited Reinstatement EligibilityWe propose to remove some of the requirements for evaluation of an unsuccessful work attempt (UWA) that lasts between 3 and 6 months. We also propose to allow previously entitled beneficiaries to apply for expedited reinstatement (EXR) in the same...2016-10932FR-Doc-2016-10932Unsuccessful-Work-Attempts-And-Expedited-Reinstatement-EligibilityWe propose to remove some of the requirements for evaluation of an unsuccessful work attempt (UWA) that lasts between 3 and 6 months. We also propose to allow previously entitled beneficiaries to apply for expedited reinstatement (EXR) in the same month they stop performing substantial gainful activity (SGA). Provisional benefits will begin the month after the request for EXR if the beneficiary stops performing SGA in the month of the EXR request. These changes would simplify our policies and make them easier for the public to understand.
05/05/2016Proposed RuleSocial Security AdministrationSocial Security AdministrationImplementation of the NICS Improvement Amendments Act of 2007We propose to implement provisions of the NICS Improvement Amendments Act of 2007 (NIAA) that require Federal agencies to provide relevant records to the Attorney General for inclusion in the National Instant Criminal Background Check System (NICS)....2016-10424FR-Doc-2016-10424Implementation-Of-The-Nics-Improvement-Amendments-Act-Of-2007We propose to implement provisions of the NICS Improvement Amendments Act of 2007 (NIAA) that require Federal agencies to provide relevant records to the Attorney General for inclusion in the National Instant Criminal Background Check System (NICS). Under the proposed rule, we would identify, on a prospective basis, individuals who receive Disability Insurance benefits under title II of the Social Security Act (Act) or Supplemental Security Income (SSI) payments under title XVI of the Act and also meet certain other criteria, including an award of benefits based on a finding that the individual's mental impairment meets or medically equals the requirements of section 12.00 of the Listing of Impairments (Listings) and receipt of benefits through a representative payee. We propose to provide pertinent information about these individuals to the Attorney General on not less than a quarterly basis. As required by the NIAA, at the commencement of the adjudication process we would also notify individuals, both orally and in writing, of their possible Federal prohibition on possessing or receiving firearms, the consequences of such inclusion, the criminal penalties for violating the Gun Control Act, and the availability of relief from the prohibitions imposed by Federal law. Finally, we also propose to establish a program that permits individuals to request relief from the Federal firearms prohibitions based on our adjudication. The proposed rule would allow us to fulfill responsibilities that we have under the NIAA.
05/02/2016RuleRAILROAD RETIREMENT BOARDRailroad Retirement BoardCivil Monetary Penalty Inflation AdjustmentAs required by Section 701 of the Bipartisan Budget Act of 2015, entitled the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the Railroad Retirement Board (Board) hereby amends its regulations to provide for adjustments in...2016-09959FR-Doc-2016-09959Civil-Monetary-Penalty-Inflation-AdjustmentAs required by Section 701 of the Bipartisan Budget Act of 2015, entitled the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the Railroad Retirement Board (Board) hereby amends its regulations to provide for adjustments in the minimum and maximum amounts of civil monetary penalties under the Board's jurisdiction. The amendment will increase the amount of penalties to adjust for inflation since the Board last adjusted its penalty amounts, and will provide the formula to be used for required annual adjustments in the penalty amounts.
04/26/2016RuleDEPARTMENT OF LABORLabor DepartmentBlack Lung Benefits Act: Disclosure of Medical Information and Payment of BenefitsThis final rule revises the regulations implementing the Black Lung Benefits Act to address certain procedural issues that have arisen in claim adjudications and other technical issues. To protect miners' health, assist parties without adequate legal...2016-09525FR-Doc-2016-09525Black-Lung-Benefits-Act-Disclosure-Of-Medical-Information-And-Payment-Of-BenefitsThis final rule revises the regulations implementing the Black Lung Benefits Act to address certain procedural issues that have arisen in claim adjudications and other technical issues. To protect miners' health, assist parties without adequate legal representation, and enhance the accuracy of benefits entitlement decisions, the final rule includes a new provision that requires all parties to exchange with each other any medical information developed in connection with a claim for benefits and allows for the imposition of sanctions for failure to comply with the rule. The final rule also clarifies a liable coal mine operator's obligation to pay effective benefits awards by requiring payment before allowing the operator to challenge the award through the Act's modification procedures. In addition, the final rule resolves an ambiguity regarding how physicians' follow-up reports should be considered under the evidence-limiting rules, and allows the Department to fully participate in claims adjudications after the liable coal mine operator stops participating because of adverse financial developments, such as bankruptcy or insolvency.
04/05/2016Proposed RuleDEPARTMENT OF LABORLabor DepartmentClaims for Compensation Under the Energy Employees Occupational Illness Compensation Program ActThe Department of Labor is reopening and extending the comment period for the notice of proposed rulemaking it published on November 18, 2015 (80 FR 72296). The Department originally allowed a 60-day comment period that was scheduled to close on...2016-07488FR-Doc-2016-07488Claims-For-Compensation-Under-The-Energy-Employees-Occupational-Illness-Compensation-Program-ActThe Department of Labor is reopening and extending the comment period for the notice of proposed rulemaking it published on November 18, 2015 (80 FR 72296). The Department originally allowed a 60-day comment period that was scheduled to close on January 19, 2016, but on that date extended the comment period another 30 days through February 18, 2016 (81 FR 2787). This notice indicates that the comment period is being reopened as of April 5, 2016 and extended for an additional period. The comment period for the information collection requirements in the proposed rule ended on December 18, 2015, and that period is not being reopened.
04/04/2016RuleSocial Security AdministrationSocial Security AdministrationExtension of the Workers' Compensation Offset From Age 65 to Full Retirement Age-Achieving a Better Life Experience (ABLE) ActThis final rule adopts, with one additional change, the notice of proposed rulemaking (NPRM) that we published in the Federal Register on January 4, 2016. This final rule revises our rules by incorporating changes made by the ABLE Act to section 224(a)...2016-07602FR-Doc-2016-07602Extension-Of-The-Workers-Compensation-Offset-From-Age-65-To-Full-Retirement-Age-Achieving-A-BetterThis final rule adopts, with one additional change, the notice of proposed rulemaking (NPRM) that we published in the Federal Register on January 4, 2016. This final rule revises our rules by incorporating changes made by the ABLE Act to section 224(a) of the Social Security Act (Act). Under this final rule, the age at which disability insurance benefits (DIB) are no longer subject to reduction (offset) based on receipt of workers' compensation or public disability benefits (WC/PDB) changes from age 65 to the day the individual attains full retirement age.
02/23/2016RuleJOINT BOARD FOR THE ENROLLMENT OF ACTUARIESJoint Board for Enrollment of ActuariesRegulations Governing Organization of the Joint Board for the Enrollment of ActuariesThis document contains final regulations relating to the organization of the Joint Board for the Enrollment of Actuaries. The regulations are being amended in order to conform one provision of the regulations to the Bylaws of the Joint Board. These...2016-03655FR-Doc-2016-03655Regulations-Governing-Organization-Of-The-Joint-Board-For-The-Enrollment-Of-ActuariesThis document contains final regulations relating to the organization of the Joint Board for the Enrollment of Actuaries. The regulations are being amended in order to conform one provision of the regulations to the Bylaws of the Joint Board. These regulations solely address the internal management of the Joint Board and do not affect pension plans, plan participants, actuaries, or the general public.
02/10/2016Proposed RuleSocial Security AdministrationSocial Security AdministrationRevising the Ticket to Work Program RulesWe are soliciting public input on whether and how we might revise the current Ticket to Work program rules. The Ticket to Work and Work Incentives Improvement Act of 1999 established the Ticket to Work program to allow individuals with disabilities to...2016-02657FR-Doc-2016-02657Revising-The-Ticket-To-Work-Program-RulesWe are soliciting public input on whether and how we might revise the current Ticket to Work program rules. The Ticket to Work and Work Incentives Improvement Act of 1999 established the Ticket to Work program to allow individuals with disabilities to seek services to obtain and retain employment in order to reduce dependency on cash benefit programs. In creating the program, Congress found that eliminating barriers to work and providing individuals with real choice in obtaining services and technology to find, enter, and maintain employment can greatly improve the short and long-term financial independence and personal well-being of our beneficiaries. We want to explore improving our Ticket to Work program as part of our ongoing effort to help our beneficiaries find and maintain employment that leads to increased independence and enhanced productivity. If we propose specific revisions to our regulations, we will publish a notice of proposed rulemaking (NPRM) in the Federal Register.
02/05/2016RuleSocial Security AdministrationSocial Security AdministrationReturning Evidence at the Appeals Council LevelThis final rule adopts the notice of proposed rulemaking (NPRM) that we published in the Federal Register on October 21, 2015. This final rule revises our rules regarding returning evidence at the Appeals Council (AC) level. Under this final rule, the...2016-02267FR-Doc-2016-02267Returning-Evidence-At-The-Appeals-Council-LevelThis final rule adopts the notice of proposed rulemaking (NPRM) that we published in the Federal Register on October 21, 2015. This final rule revises our rules regarding returning evidence at the Appeals Council (AC) level. Under this final rule, the AC will no longer return additional evidence it receives when the AC determines the additional evidence does not relate to the period on or before the date of the administrative law judge (ALJ) decision.
01/19/2016Proposed RuleDEPARTMENT OF LABORLabor DepartmentClaims for Compensation Under the Energy Employees Occupational Illness Compensation Program ActThe Department of Labor is extending the comment period for the notice of proposed rulemaking it published on November 18, 2015 (80 FR 72296). The original deadline to submit comments on the proposed regulations was January 19, 2016. That comment...2016-00835FR-Doc-2016-00835Claims-For-Compensation-Under-The-Energy-Employees-Occupational-Illness-Compensation-Program-ActThe Department of Labor is extending the comment period for the notice of proposed rulemaking it published on November 18, 2015 (80 FR 72296). The original deadline to submit comments on the proposed regulations was January 19, 2016. That comment period is being extended for an additional 30 days. The comment period for the information collection requirements in the proposed rule ended on December 18, 2015, and that period is not being extended.
01/04/2016Proposed RuleSocial Security AdministrationSocial Security AdministrationExtension of the Workers' Compensation Offset From Age 65 to Full Retirement Age-Achieving a Better Life Experience (ABLE) ActWe propose to amend our regulations to incorporate changes made by the ABLE Act to section 224(a) of the Social Security Act. The ABLE Act amends section 224(a) by changing the age at which disability insurance benefits (DIB) are no longer subject to...2015-33036FR-Doc-2015-33036Extension-Of-The-Workers-Compensation-Offset-From-Age-65-To-Full-Retirement-Age-Achieving-A-BetterWe propose to amend our regulations to incorporate changes made by the ABLE Act to section 224(a) of the Social Security Act. The ABLE Act amends section 224(a) by changing the age at which disability insurance benefits (DIB) are no longer subject to reduction (offset) based on receipt of workers' compensation or public disability benefits (WC/PDB), from age 65 to the day the individual attains full retirement age. This change will make our rules consistent with the provisions of the Act, as amended by the ABLE Act.
11/25/2015Proposed RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human SubjectsThe Department of Health and Human Services and the other Federal Departments and Agencies listed in this document are extending the comment period on the Federal Policy for the Protection of Human Subjects notice of proposed rulemaking. The NPRM...2015-30122FR-Doc-2015-30122Federal-Policy-For-The-Protection-Of-Human-SubjectsThe Department of Health and Human Services and the other Federal Departments and Agencies listed in this document are extending the comment period on the Federal Policy for the Protection of Human Subjects notice of proposed rulemaking. The NPRM requests comment on proposed revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 1991. The NPRM was published in the Federal Register on September 8, 2015.
11/18/2015Proposed RuleDEPARTMENT OF LABORLabor DepartmentClaims for Compensation Under the Energy Employees Occupational Illness Compensation Program ActThis document contains the changes to the regulations governing the administration of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (EEOICPA or Act), being proposed by the Department of Labor (Department or...2015-27121FR-Doc-2015-27121Claims-For-Compensation-Under-The-Energy-Employees-Occupational-Illness-Compensation-Program-ActThis document contains the changes to the regulations governing the administration of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (EEOICPA or Act), being proposed by the Department of Labor (Department or DOL). Part B of the Act provides uniform lump-sum payments and medical benefits to covered employees and, where applicable, to survivors of such employees, of the Department of Energy (DOE), its predecessor agencies and certain of its vendors, contractors and subcontractors. Part B of the Act also provides smaller uniform lump-sum payments and medical benefits to individuals found eligible by the Department of Justice (DOJ) for benefits under section 5 of the Radiation Exposure Compensation Act (RECA) and, where applicable, to their survivors. Part E of the Act provides variable lump-sum payments (based on a worker's permanent impairment and/or qualifying calendar years of established wage-loss) and medical benefits for covered DOE contractor employees and, where applicable, provides variable lump-sum payments to survivors of such employees (based on a worker's death due to a covered illness and any qualifying calendar years of established wage-loss). Part E of the Act also provides these same payments and benefits to uranium miners, millers and ore transporters covered by section 5 of RECA and, where applicable, to survivors of such employees. The Office of Workers' Compensation Programs (OWCP) administers the adjudication of claims and the payment of benefits under EEOICPA, with National Institute for Occupational Safety and Health (NIOSH) within the Department of Health and Human Services (HHS) estimating the amounts of radiation received by employees alleged to have sustained cancer as a result of such exposure and establishing guidelines to be followed by OWCP in determining whether such cancers are at least as likely as not related to employment. Both DOE and DOJ are responsible for notifying potential claimants and for submitting evidence necessary for OWCP's adjudication of claims under EEOICPA.
11/10/2015RuleSocial Security AdministrationSocial Security AdministrationFederal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal AwardsThis final rule adopts the joint interim final rule that was published in the Federal Register on December 19, 2014. This final rule implements the final guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal...2015-28432FR-Doc-2015-28432Federal-Awarding-Agency-Regulatory-Implementation-Of-Office-Of-Management-And-Budgets-UniformThis final rule adopts the joint interim final rule that was published in the Federal Register on December 19, 2014. This final rule implements the final guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management and Budget (OMB) on December 26, 2013. This rule brings into effect the Uniform Guidance as required by OMB. Implementation of this guidance by all Federal award- making agencies will reduce administrative burden and risk of waste, fraud, and abuse for the approximately $600 billion per year awarded in Federal financial assistance government wide. The result will be more Federal dollars reprogrammed to support the mission, an increase in the number of new entities able to compete and win awards, and ultimately a stronger framework to provide key services to American citizens and support the basic research that underpins the United States economy.
10/30/2015Proposed RuleSocial Security AdministrationSocial Security AdministrationVocational Factors of Age, Education, and Work Experience in the Adult Disability Determination Process; Extending of the Comment PeriodOn September 14, 2015, we published in the Federal Register an advanced notice of proposed rulemaking (ANPRM) regarding Vocational Factors of Age, Education, and Work Experience in the Adult Disability Determination Process and solicited public...2015-27692FR-Doc-2015-27692Vocational-Factors-Of-Age-Education-And-Work-Experience-In-The-Adult-Disability-DeterminationOn September 14, 2015, we published in the Federal Register an advanced notice of proposed rulemaking (ANPRM) regarding Vocational Factors of Age, Education, and Work Experience in the Adult Disability Determination Process and solicited public comments. We provided a 60- day comment period ending on November 13, 2015. We are extending the comment period to December 14, 2015. Our extension of the comment date accommodates and facilitates public comments we expect in response to the National Disability Forum we are sponsoring on Friday, November 20, 2015. During the forum, we are hosting a moderator-led discussion entitled: The Realities of Work for Individuals with Disabilities: Impact of Age, Education, and Work Experience (for information on the forum see the SUPPLEMENTARY INFORMATION section).
10/21/2015Proposed RuleSocial Security AdministrationSocial Security AdministrationReturning Evidence at the Appeals Council LevelWe propose to amend our regulations by revising our rules regarding the return of evidence at the Appeals Council (AC) level. Our current rules state that the AC will return to the claimant additional evidence it receives when the AC finds the evidence...2015-26747FR-Doc-2015-26747Returning-Evidence-At-The-Appeals-Council-LevelWe propose to amend our regulations by revising our rules regarding the return of evidence at the Appeals Council (AC) level. Our current rules state that the AC will return to the claimant additional evidence it receives when the AC finds the evidence does not relate to the period on or before the date of the administrative law judge's (ALJ) hearing decision. We are proposing these revisions to give the AC discretion in returning additional evidence that it receives when the AC determines the additional evidence does not relate to the period on or before the date of the ALJ decision.
10/19/2015RuleSocial Security AdministrationSocial Security AdministrationExtension of the Expiration Date for State Disability Examiner Authority To Make Fully Favorable Quick Disability Determinations and Compassionate Allowance DeterminationsWe are extending the expiration date of our rule that authorizes State agency disability examiners to make fully favorable determinations without the approval of a State agency medical or psychological consultant in claims that we consider under our...2015-26488FR-Doc-2015-26488Extension-Of-The-Expiration-Date-For-State-Disability-Examiner-Authority-To-Make-Fully-FavorableWe are extending the expiration date of our rule that authorizes State agency disability examiners to make fully favorable determinations without the approval of a State agency medical or psychological consultant in claims that we consider under our quick disability determination (QDD) and compassionate allowance (CAL) processes. The current rule will expire on November 13, 2015. In this final rule, we are changing the November 13, 2015 expiration or ``sunset'' date to November 11, 2016, extending the authority for 1 year. We are making no other substantive changes.
10/16/2015RuleDEPARTMENT OF LABORLabor DepartmentTemporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range in the United StatesThe Department of Labor is issuing regulations to govern its certification of the employment of nonimmigrant workers in temporary or seasonal agricultural employment under the H-2A program. Specifically, these regulations establish standards and...2015-26252FR-Doc-2015-26252Temporary-Agricultural-Employment-Of-H-2a-Foreign-Workers-In-The-Herding-Or-Production-Of-LivestockThe Department of Labor is issuing regulations to govern its certification of the employment of nonimmigrant workers in temporary or seasonal agricultural employment under the H-2A program. Specifically, these regulations establish standards and procedures for employers seeking to hire foreign temporary agricultural workers for job opportunities in herding and production of livestock on the range. These regulations are consistent with the Secretary of Labor's statutory responsibility to certify that there are not sufficient able, willing, qualified and available U.S. workers to perform these jobs, and that the employment of foreign workers will not adversely affect the wages and working conditions of workers in the United States similarly employed. Among the issues addressed in these regulations are the qualifying criteria for employing foreign workers in the applicable job opportunities, preparing job orders, program obligations of employers, filing of H-2A applications requesting temporary labor certification for range occupations, recruiting U.S. workers, determining the minimum offered wage rate, and the minimum standards for housing used on the range. The regulations establish a single set of standards and procedures applicable to employers seeking to hire foreign temporary agricultural workers for sheep and goat herding and range production of livestock, given the unique characteristics of these job opportunities in their industry.
10/14/2015RuleSocial Security AdministrationSocial Security AdministrationCollection of Administrative DebtsThis final rule adopts the notice of proposed rulemaking (NPRM) that we published in the Federal Register on March 24, 2014. This final rule creates our own administrative debt collection regulations, and it improves our authorities to pursue...2015-25544FR-Doc-2015-25544Collection-Of-Administrative-DebtsThis final rule adopts the notice of proposed rulemaking (NPRM) that we published in the Federal Register on March 24, 2014. This final rule creates our own administrative debt collection regulations, and it improves our authorities to pursue collection of administrative debts from current and separated employees and non- employee debtors as authorized by the Debt Collection Act (DCA) of 1982, amended by the Debt Collection Improvement Act (DCIA) of 1996 and other existing debt collection statutes. We expect that this final rule will have no impact on the public.
09/14/2015Proposed RuleSocial Security AdministrationSocial Security AdministrationVocational Factors of Age, Education, and Work Experience in the Adult Disability Determination ProcessWe are soliciting public input about how we should consider the vocational factors of age, education, and work experience in adult disability claims under titles II and XVI of the Social Security Act (Act). There have been significant changes in...2015-22839FR-Doc-2015-22839Vocational-Factors-Of-Age-Education-And-Work-Experience-In-The-Adult-Disability-DeterminationWe are soliciting public input about how we should consider the vocational factors of age, education, and work experience in adult disability claims under titles II and XVI of the Social Security Act (Act). There have been significant changes in technology use and workforce demographics since we first adopted our vocational factor regulations in 1978. We are requesting public comments, along with any supporting data, to assist in our efforts to streamline, simplify, and ensure the ongoing relevance of our disability determination programs.
09/08/2015Proposed RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentFederal Policy for the Protection of Human SubjectsThe departments and agencies listed in this document propose revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 1991. This NPRM seeks comment on...2015-21756FR-Doc-2015-21756Federal-Policy-For-The-Protection-Of-Human-SubjectsThe departments and agencies listed in this document propose revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 1991. This NPRM seeks comment on proposals to better protect human subjects involved in research, while facilitating valuable research and reducing burden, delay, and ambiguity for investigators. This proposed rule is an effort to modernize, simplify, and enhance the current system of oversight. The participating departments and agencies propose these revisions to the human subjects regulations because they believe these changes would strengthen protections for research subjects while facilitating important research.
08/18/2015Proposed RuleDEPARTMENT OF LABORLabor DepartmentLongshore and Harbor Workers' Compensation Act: Transmission of Documents and InformationThe Office of Workers' Compensation Programs (OWCP) published a notice of proposed rulemaking and companion direct final rule in the Federal Register on March 12, 2015, broadening the acceptable methods by which claimants, employers, and insurers can...2015-20422FR-Doc-2015-20422Longshore-And-Harbor-Workers-Compensation-Act-Transmission-Of-Documents-And-InformationThe Office of Workers' Compensation Programs (OWCP) published a notice of proposed rulemaking and companion direct final rule in the Federal Register on March 12, 2015, broadening the acceptable methods by which claimants, employers, and insurers can communicate with OWCP and each other regarding claims arising under the Longshore and Harbor Workers' Compensation Act and its extensions. The comment period closed on May 11, 2015. OWCP did not receive significant adverse comment and therefore the direct final rule took effect on June 10, 2015. For these reasons, OWCP is withdrawing the notice of proposed rulemaking.
08/12/2015RuleSocial Security AdministrationSocial Security AdministrationRevised Listings for Growth Disorders and Weight Loss in Children; Correcting AmendmentsWe published a document in the Federal Register revising our rules on April 13, 2015. That document inadvertently included incorrect values in table II of listing 105.08(B)(1)(c) of appendix 1 to subpart P of 20 CFR part 404. This document corrects the...2015-19825FR-Doc-2015-19825Revised-Listings-For-Growth-Disorders-And-Weight-Loss-In-Children-Correcting-AmendmentsWe published a document in the Federal Register revising our rules on April 13, 2015. That document inadvertently included incorrect values in table II of listing 105.08(B)(1)(c) of appendix 1 to subpart P of 20 CFR part 404. This document corrects the final regulation by revising this table.
08/10/2015RuleSocial Security AdministrationSocial Security AdministrationSocial Security Number Card ApplicationsThis final rule adopts the notice of proposed rulemaking (NPRM) we published in the Federal Register on February 26, 2015. This rule revises our regulations to allow applicants for a Social Security number (SSN) card to apply by completing a prescribed...2015-19568FR-Doc-2015-19568Social-Security-Number-Card-ApplicationsThis final rule adopts the notice of proposed rulemaking (NPRM) we published in the Federal Register on February 26, 2015. This rule revises our regulations to allow applicants for a Social Security number (SSN) card to apply by completing a prescribed application and submitting the required evidence. We are also removing the word ``documentary'' from our description of certain evidence requirements and replacing ``Immigration and Naturalization Service'' with ``Department of Homeland Security'' to reflect that agency's creation. These changes will provide more flexibility in the ways in which the public may request SSN cards and allow us to implement an online SSN replacement card application system.
07/02/2015RuleSocial Security AdministrationSocial Security AdministrationExtension of Effective Date for Temporary Pilot Program Setting the Time and Place for a Hearing Before an Administrative Law JudgeWe are extending for one year our pilot program that authorizes the agency to set the time and place for a hearing before an administrative law judge (ALJ). Extending of the pilot program continues our commitment to improve the efficiency of our...2015-16397FR-Doc-2015-16397Extension-Of-Effective-Date-For-Temporary-Pilot-Program-Setting-The-Time-And-Place-For-A-HearingWe are extending for one year our pilot program that authorizes the agency to set the time and place for a hearing before an administrative law judge (ALJ). Extending of the pilot program continues our commitment to improve the efficiency of our hearing process and to maintain a hearing process that results in accurate, high-quality decisions for claimants. The current pilot program will expire on August 10, 2015. In this final rule, we are extending the effective date to August 12, 2016. We are making no other substantive changes.
06/15/2015RuleSocial Security AdministrationSocial Security AdministrationSixty-Month Period of Employment Requirement for Government Pension Offset ExemptionThis final rule adopts, with clarifying changes, the proposed rule we previously published in the Federal Register on August 3, 2007. This final rule revises our Government Pension Offset (GPO) regulations to reflect changes to the Social Security Act...2015-14509FR-Doc-2015-14509Sixty-Month-Period-Of-Employment-Requirement-For-Government-Pension-Offset-ExemptionThis final rule adopts, with clarifying changes, the proposed rule we previously published in the Federal Register on August 3, 2007. This final rule revises our Government Pension Offset (GPO) regulations to reflect changes to the Social Security Act (``Act'') made by section 9007 of the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987) and section 418 of the Social Security Protection Act of 2004 (SSPA). These regulations explain how and when we will reduce the Social Security spouse's benefit for some people who receive Federal, State, or local government pensions if Social Security did not cover their government work.
06/05/2015RuleSocial Security AdministrationSocial Security AdministrationExtension of Sunset Date for Attorney Advisor ProgramWe are extending for 2 years our rule authorizing attorney advisors to conduct certain prehearing procedures and to issue fully favorable decisions. The current rule will expire on August 7, 2015. In this final rule, we are extending the sunset date to...2015-13768FR-Doc-2015-13768Extension-Of-Sunset-Date-For-Attorney-Advisor-ProgramWe are extending for 2 years our rule authorizing attorney advisors to conduct certain prehearing procedures and to issue fully favorable decisions. The current rule will expire on August 7, 2015. In this final rule, we are extending the sunset date to August 4, 2017. We are making no other substantive changes.
05/20/2015RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Cancer (Malignant Neoplastic Diseases)We are revising the criteria in parts A and B of the Listing of Impairments (listings) that we use to evaluate claims involving cancer (malignant neoplastic diseases) under titles II and XVI of the Social Security Act (Act). These revisions reflect our...2015-11923FR-Doc-2015-11923Revised-Medical-Criteria-For-Evaluating-Cancer-Malignant-Neoplastic-DiseasesWe are revising the criteria in parts A and B of the Listing of Impairments (listings) that we use to evaluate claims involving cancer (malignant neoplastic diseases) under titles II and XVI of the Social Security Act (Act). These revisions reflect our adjudicative experience, advances in medical knowledge, recommendations from medical experts we consulted, and public comments we received in response to a Notice of Proposed Rulemaking (NPRM).
05/05/2015Proposed RuleDEPARTMENT OF LABORLabor DepartmentTemporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United States; Extension of Comment PeriodThe Department of Labor (Department) issued a proposed rule in the Federal Register of April 15, 2015 [FR Doc. 2015-08505], concerning proposed amendments to its regulations governing certification of the employment of nonimmigrant workers in temporary...2015-10464FR-Doc-2015-10464Temporary-Agricultural-Employment-Of-H-2a-Foreign-Workers-In-The-Herding-Or-Production-Of-LivestockThe Department of Labor (Department) issued a proposed rule in the Federal Register of April 15, 2015 [FR Doc. 2015-08505], concerning proposed amendments to its regulations governing certification of the employment of nonimmigrant workers in temporary or seasonal agricultural employment under the H-2A program to codify certain procedures for employers seeking to hire foreign temporary agricultural workers for job opportunities in sheepherding, goat herding and production of livestock on the open range. This notice extends the comment period for 15 days, from May 15 to June 1, 2015. Multiple commenters requested additional time to develop their comments concerning the proposed rulemaking. The Department is therefore extending the comment period in order to give all interested persons the opportunity to comment fully.
04/29/2015RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentTemporary Non-Agricultural Employment of H-2B Aliens in the United StatesThe Department of Homeland Security (DHS) and the Department of Labor (DOL) are jointly issuing regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement...2015-09694FR-Doc-2015-09694Temporary-Non-Agricultural-Employment-Of-H-2b-Aliens-In-The-United-StatesThe Department of Homeland Security (DHS) and the Department of Labor (DOL) are jointly issuing regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This interim final rule establishes the process by which employers obtain a temporary labor certification from DOL for use in petitioning DHS to employ a nonimmigrant worker in H-2B status. We are also issuing regulations to provide for increased worker protections for both United States (U.S.) and foreign workers. DHS and DOL are issuing simultaneously with this rule a companion rule governing the methodology to set the prevailing wage in the H-2B program.
04/29/2015RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B ProgramThe Department of Homeland Security (DHS) and the Department of Labor (DOL) are issuing final regulations governing certification of the employment of nonimmigrant workers in temporary or seasonal non- agricultural employment. This final rule sets...2015-09692FR-Doc-2015-09692Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-ProgramThe Department of Homeland Security (DHS) and the Department of Labor (DOL) are issuing final regulations governing certification of the employment of nonimmigrant workers in temporary or seasonal non- agricultural employment. This final rule sets forth how DOL provides the consultation that DHS has determined is necessary to adjudicate H- 2B visa petitions by setting the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with applications for temporary labor certification. Specifically, for the purposes of an H-2B temporary labor certification, this final rule establishes that, in the absence of a wage set in a valid and controlling collective bargaining agreement, the prevailing wage will be the mean wage for the occupation in the pertinent geographic area derived from the Bureau of Labor Statistics Occupational Employment Statistics survey, unless the H-2B employer meets the conditions for requesting that the prevailing wage be based on an employer-provided survey. Any such survey submitted must meet the new methodological criteria established in this final rule in order to be used to establish the prevailing wage. The final rule does not permit use of the wage determinations issued under the Service Contract Act or the Davis Bacon Act as sources to set the prevailing wage in the H-2B temporary labor certification context. DHS and DOL are issuing this final rule together because DHS, as the Executive Branch agency charged with administering the H-2B program, has determined that the most effective implementation of the statutory H-2B labor protections requires that DHS consult with DOL for its advice about matters with which DOL has expertise, including questions about the methodology for setting the prevailing wage in the H-2B program. DHS (and the former Immigration and Naturalization Service, Department of Justice, which was charged with administration of the H-2B program prior to enactment of the Homeland Security Act of 2002) has long recognized that DOL is the appropriate agency with which to consult regarding the availability of U.S. workers and for assuring that wages and working conditions of U.S. workers are not adversely affected by the use of H-2B workers. This rule also adopts, without change, certain revisions made to DHS's H-2B regulations, to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classifications, after consulting with DOL for its advice about matters with which DOL has expertise, including questions related to the methodology for setting the prevailing wage in the H-2B program. Finally, DHS and DOL are issuing, simultaneously with this rule, a companion H-2B rule governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers.
04/29/2015Proposed RuleDEPARTMENT OF LABORLabor DepartmentBlack Lung Benefits Act: Disclosure of Medical Information and Payment of BenefitsThe Department is proposing revisions to the Black Lung Benefits Act (BLBA) regulations to address several procedural issues that have arisen in claims processing and adjudications. To protect a miner's health and promote accurate benefit...2015-09573FR-Doc-2015-09573Black-Lung-Benefits-Act-Disclosure-Of-Medical-Information-And-Payment-Of-BenefitsThe Department is proposing revisions to the Black Lung Benefits Act (BLBA) regulations to address several procedural issues that have arisen in claims processing and adjudications. To protect a miner's health and promote accurate benefit determinations, the proposed rule would require parties to disclose all medical information developed in connection with a claim for benefits. The proposed rule also would clarify that a liable coal mine operator is obligated to pay benefits during post-award modification proceedings and that a supplemental report from a physician is considered merely a continuation of the physician's earlier report for purposes of the evidence-limiting rules.
04/28/2015RuleDEPARTMENT OF LABORLabor DepartmentTemporary Employment of Foreign Workers in the United States; CFR CorrectionWe are revising the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving hematological disorders in adults and children under titles II and XVI of the Social Security Act (Act). These revisions reflect our...2015-09948FR-Doc-2015-09948Temporary-Employment-Of-Foreign-Workers-In-The-United-States-Cfr-Correction 
04/16/2015Proposed RuleDEPARTMENT OF LABORLabor DepartmentWorkforce Innovation and Opportunity Act; Joint Rule for Unified and Combined State Plans, Performance Accountability, and the One-Stop System Joint Provisions; Notice of Proposed RulemakingThe Departments of Education (ED) and Labor (DOL) are proposing, through this Notice of Proposed Rulemaking (NPRM), to implement jointly-administered activities authorized by title I of the Workforce Innovation and Opportunity Act (WIOA). Through these...2015-05528FR-Doc-2015-05528Workforce-Innovation-And-Opportunity-Act-Joint-Rule-For-Unified-And-Combined-State-Plans-PerformanceThe Departments of Education (ED) and Labor (DOL) are proposing, through this Notice of Proposed Rulemaking (NPRM), to implement jointly-administered activities authorized by title I of the Workforce Innovation and Opportunity Act (WIOA). Through these regulations, the Departments propose to implement job training system reforms and strengthen the nation's workforce development system to put Americans back to work and make the United States more competitive in the 21st Century. This joint proposed rule provides guidance for State and local workforce development systems that increase the skill and credential attainment, employment, retention, and earnings of participants, especially those with significant barriers to employment, thereby improving the quality of the workforce, reducing welfare dependency, and enhancing the productivity and competitiveness of the nation. WIOA strengthened the alignment of the workforce development system's six core programs by imposing unified strategic planning requirements, common performance accountability measures, and requirements governing the one-stop delivery system. In so doing, WIOA placed heightened emphasis on coordination and collaboration at the Federal, State, and local levels to ensure a streamlined and coordinated service delivery system for job seekers, including those with disabilities, and employers. To that end, the Departments of Education and Labor propose to issue this joint NPRM to implement jointly-administered activities under title I of WIOA. These regulations lay the foundation, through coordination and collaboration at the Federal level, for implementing the vision and goals of WIOA. In addition to this joint NPRM, the Departments have proposed separate NPRMs to implement program-specific requirements of WIOA that fall under each Department's purview. The Department of Labor is proposing a NPRM governing program-specific requirements under titles I and III of WIOA. The Department of Education is proposing three NPRMs: one implementing program-specific requirements of the Adult Education and Family Literacy Act (AEFLA), as reauthorized by title II of WIOA; and two NPRMs implementing all program-specific requirements for all programs authorized under the Rehabilitation Act of 1973, as amended by title IV of WIOA. The Department-specific NPRMs have been simultaneously published in this issue of the Federal Register. Developing and issuing all five WIOA NPRMs in a coordinated manner reinforces WIOA's heightened emphasis on collaboration to ensure an integrated and seamless service delivery system for job seekers and employers.
04/16/2015Proposed RuleDEPARTMENT OF LABORLabor DepartmentWorkforce Innovation and Opportunity Act; Notice of Proposed RulemakingThe Department of Labor (DOL) is proposing, through rulemaking, to implement titles I and III of the Workforce Innovation and Opportunity Act of 2014 (WIOA). Through these regulations, the Department proposes to implement job training system reform and...2015-05530FR-Doc-2015-05530Workforce-Innovation-And-Opportunity-Act-Notice-Of-Proposed-RulemakingThe Department of Labor (DOL) is proposing, through rulemaking, to implement titles I and III of the Workforce Innovation and Opportunity Act of 2014 (WIOA). Through these regulations, the Department proposes to implement job training system reform and strengthen the workforce investment system of the nation to put Americans, particularly those individuals with barriers to employment, back to work and make the United States more competitive in the 21st Century. This proposed rule intends to provide guidance for statewide and local workforce investment systems that increase the employment, retention and earnings of participants, and increase occupational skill attainment by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation.
04/15/2015Proposed RuleDEPARTMENT OF LABORLabor DepartmentTemporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United StatesThe Department of Labor (Department) is proposing to amend its regulations governing certification of the employment of nonimmigrant workers in temporary or seasonal agricultural employment under the H-2A program to codify certain procedures for...2015-08505FR-Doc-2015-08505Temporary-Agricultural-Employment-Of-H-2a-Foreign-Workers-In-The-Herding-Or-Production-Of-LivestockThe Department of Labor (Department) is proposing to amend its regulations governing certification of the employment of nonimmigrant workers in temporary or seasonal agricultural employment under the H-2A program to codify certain procedures for employers seeking to hire foreign temporary agricultural workers for job opportunities in sheepherding, goat herding and production of livestock on the open range. Such procedures must be consistent with the Secretary's statutory responsibility to ensure that there are no able, willing, qualified and available U.S. workers to perform these jobs, and that the employment of foreign workers will not adversely affect the wages and working conditions of workers in the United States similarly employed. Before the current rulemaking, variances from the general H- 2A regulatory requirements were established and revised for these occupations through sub-regulatory guidance, i.e. ``special procedures,'' that were issued in the form of separate Field Memoranda or Training and Employment Guidance Letters. The U.S. Court of Appeals for the District of Columbia Circuit recently ruled that the existing special procedures for sheepherding, goat herding and open range production of livestock are not interpretive rules but rather include substantive departures from established regulatory requirements necessitating notice and comment rulemaking under the Administrative Procedure Act. This proposed rule provides the public with the notice and opportunity to comment on proposed procedures to be followed in the filing and processing of applications involving herding and production of livestock on the open range. Among the issues addressed are the qualifying criteria for employing foreign workers in the applicable job opportunities, preparing job orders, program obligations of employers, filing of H-2A applications requesting temporary labor certification, recruiting U.S. workers, determining the minimum offered wage rate, and the minimum standards for mobile housing on the open range. The Department's goal is to establish a single set of regulations enabling employers seeking to hire foreign temporary agricultural workers for both herding and production of livestock on the open range to comply with their obligations under the H-2A program given the unique characteristics of these job opportunities in their industry.
04/13/2015RuleSocial Security AdministrationSocial Security AdministrationRevised Listings for Growth Disorders and Weight Loss in ChildrenThis rule adopts, with one change, the rule for evaluating growth disorders in children we proposed in a notice of proposed rulemaking (NPRM) published in the Federal Register on May 22, 2013. Several body systems in the Listing of Impairments...2015-08185FR-Doc-2015-08185Revised-Listings-For-Growth-Disorders-And-Weight-Loss-In-ChildrenThis rule adopts, with one change, the rule for evaluating growth disorders in children we proposed in a notice of proposed rulemaking (NPRM) published in the Federal Register on May 22, 2013. Several body systems in the Listing of Impairments (listings) contain listings for children based on impairment of linear growth or weight loss. We are replacing those listings with new listings for low birth weight (LBW) and failure to thrive; a new listing for genitourinary impairments; and revised listings for growth failure in combination with a respiratory, cardiovascular, digestive, or immune system disorder. These revisions reflect our program experience, advances in medical knowledge, and comments we received from medical experts and the public.
03/20/2015RuleSocial Security AdministrationSocial Security AdministrationSubmission of Evidence in Disability ClaimsWe are clarifying our regulations to require you to inform us about or submit all evidence known to you that relates to your disability claim, subject to two exceptions for certain privileged communications. This requirement includes the duty to submit...2015-05921FR-Doc-2015-05921Submission-Of-Evidence-In-Disability-ClaimsWe are clarifying our regulations to require you to inform us about or submit all evidence known to you that relates to your disability claim, subject to two exceptions for certain privileged communications. This requirement includes the duty to submit all evidence that relates to your disability claim received from any source in its entirety, unless you previously submitted the same evidence to us or we instruct you otherwise. We are also requiring your representative to help you obtain the information or evidence that we require you to submit under our regulations. These modifications to our regulations will better describe your duty to submit all evidence that relates to your disability claim and enable us to have more complete case records on which to make more accurate disability determinations and decisions.
03/17/2015RuleRAILROAD RETIREMENT BOARDRailroad Retirement BoardRestructuring of the Office of Programs; Elimination of Regional OfficesThe Railroad Retirement Board (Board) amends its regulations to reflect the restructuring of the Office of Programs and the elimination of the Regional Offices.2015-05888FR-Doc-2015-05888Restructuring-Of-The-Office-Of-Programs-Elimination-Of-Regional-OfficesThe Railroad Retirement Board (Board) amends its regulations to reflect the restructuring of the Office of Programs and the elimination of the Regional Offices.
03/12/2015RuleDEPARTMENT OF LABORLabor DepartmentLongshore and Harbor Workers' Compensation Act: Transmission of Documents and InformationParties to claims arising under the Longshore and Harbor Workers' Compensation Act and its extensions (LHWCA or Act) and entities required to have insurance pursuant to the Act frequently correspond with the Office of Workers' Compensation Programs...2015-05103FR-Doc-2015-05103Longshore-And-Harbor-Workers-Compensation-Act-Transmission-Of-Documents-And-InformationParties to claims arising under the Longshore and Harbor Workers' Compensation Act and its extensions (LHWCA or Act) and entities required to have insurance pursuant to the Act frequently correspond with the Office of Workers' Compensation Programs (OWCP) and each other. The current regulations require that some of these communications be made in paper form via a specific delivery mechanism such as certified mail, U.S. mail or hand delivery. As technologies improve, other means of communication--including electronic methods--may be more efficient and cost-effective. Accordingly, this rule broadens the acceptable methods by which claimants, employers, and insurers can communicate with OWCP and each other.
03/12/2015Proposed RuleDEPARTMENT OF LABORLabor DepartmentLongshore and Harbor Workers' Compensation Act: Transmission of Documents and InformationParties to claims arising under the Longshore and Harbor Workers' Compensation Act and its extensions (LHWCA or Act) and entities required to have insurance pursuant to the Act frequently correspond with the Office of Workers' Compensation Programs...2015-05100FR-Doc-2015-05100Longshore-And-Harbor-Workers-Compensation-Act-Transmission-Of-Documents-And-InformationParties to claims arising under the Longshore and Harbor Workers' Compensation Act and its extensions (LHWCA or Act) and entities required to have insurance pursuant to the Act frequently correspond with the Office of Workers' Compensation Programs (OWCP) and each other. The current regulations require that some of these communications be made in paper form via a specific delivery mechanism such as certified mail, U.S. mail or hand delivery. As technologies improve, other means of communication--including electronic methods-- may be more efficient and cost-effective. Accordingly, this proposed rule would broaden the acceptable methods by which claimants, employers, and insurers can communicate with OWCP and each other.
02/26/2015Proposed RuleSocial Security AdministrationSocial Security AdministrationSocial Security Number Card ApplicationsWe propose to revise our regulations to allow applicants for a Social Security number (SSN) card to apply by completing a prescribed application and submitting the required evidence, rather than completing a paper Form SS-5, Application for a Social...2015-03726FR-Doc-2015-03726Social-Security-Number-Card-ApplicationsWe propose to revise our regulations to allow applicants for a Social Security number (SSN) card to apply by completing a prescribed application and submitting the required evidence, rather than completing a paper Form SS-5, Application for a Social Security Card. We also propose to remove the word ``documentary'' from our description of certain evidence requirements. These changes would provide flexibility in the ways in which the public may request SSN cards and allow us, in the future, to implement an online SSN replacement card application system, which we are currently developing. In addition, we propose to replace ``Immigration and Naturalization Service'' with ``Department of Homeland Security'' to reflect that agency's reorganization.
01/21/2015Proposed RuleRAILROAD RETIREMENT BOARDRailroad Retirement BoardRecovery of Debts Owed to the United States Government by Administrative OffsetThe Railroad Retirement Board (Board) proposes to amend its regulations by changing from 180 days delinquent to 120 days delinquent debts that are referred to Treasury in compliance with the DATA Act.2015-00789FR-Doc-2015-00789Recovery-Of-Debts-Owed-To-The-United-States-Government-By-Administrative-OffsetThe Railroad Retirement Board (Board) proposes to amend its regulations by changing from 180 days delinquent to 120 days delinquent debts that are referred to Treasury in compliance with the DATA Act.
01/06/2015RuleSocial Security AdministrationSocial Security AdministrationRevisions to Direct Fee Payment RulesWe are adopting, with two revisions, our interim final rules that implemented amendments to the Social Security Act (Act) made by the Social Security Disability Applicants' Access to Professional Representation Act of 2010 (PRA). The interim final...2014-30921FR-Doc-2014-30921Revisions-To-Direct-Fee-Payment-RulesWe are adopting, with two revisions, our interim final rules that implemented amendments to the Social Security Act (Act) made by the Social Security Disability Applicants' Access to Professional Representation Act of 2010 (PRA). The interim final rules made permanent the direct fee payment rules for eligible non-attorney representatives under titles II and XVI of the Act and for attorney representatives under title XVI of the Act. They also revised some of our eligibility policies for non-attorney representatives under titles II and XVI of the Act. Based on public comment and subsequent inquiries, we are revising our rules to clarify that an eligible non- attorney representative's liability insurance policy must include malpractice coverage. We are also reaffirming that a business entity legally permitted to provide the required insurance in the States in which the non-attorney representative conducts business must underwrite the policies.
01/02/2015RuleSocial Security AdministrationSocial Security AdministrationExtension of Expiration Dates for Several Body System ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Growth Impairment, Musculoskeletal System, Respiratory System, Cardiovascular System, Digestive System, Hematological...2014-30739FR-Doc-2014-30739Extension-Of-Expiration-Dates-For-Several-Body-System-ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Growth Impairment, Musculoskeletal System, Respiratory System, Cardiovascular System, Digestive System, Hematological Disorders, Skin Disorders, Neurological, and Mental Disorders. We are making no other revisions to these body systems in this final rule. This extension will ensure that we continue to have the criteria we need to evaluate impairments in the affected body systems at step three of the sequential evaluation processes for initial claims and continuing disability reviews.
12/19/2014RuleEXECUTIVE OFFICE OF THE PRESIDENTExecutive Office of the PresidentFederal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal AwardsThis joint interim final rule implements for all Federal award-making agencies the final guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management...2014-28697FR-Doc-2014-28697Federal-Awarding-Agency-Regulatory-Implementation-Of-Office-Of-Management-And-Budgets-UniformThis joint interim final rule implements for all Federal award-making agencies the final guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management and Budget (OMB) on December 26, 2013. This rule is necessary in order to incorporate into regulation and thus bring into effect the Uniform Guidance as required by OMB. Implementation of this guidance will reduce administrative burden and risk of waste, fraud, and abuse for the approximately $600 billion per year awarded in Federal financial assistance. The result will be more Federal dollars reprogrammed to support the mission, new entities able to compete and win awards, and ultimately a stronger framework to provide key services to American citizens and support the basic research that underpins the United States economy.
11/13/2014RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Genitourinary Disorders; CorrectionThis document corrects a misspelling in the regulatory language of our final rulemaking published in the Federal Register on Friday, October 10, 2014, titled Revised Medical Criteria for Evaluating Genitourinary Disorders.2014-26745FR-Doc-2014-26745Revised-Medical-Criteria-For-Evaluating-Genitourinary-Disorders-CorrectionThis document corrects a misspelling in the regulatory language of our final rulemaking published in the Federal Register on Friday, October 10, 2014, titled Revised Medical Criteria for Evaluating Genitourinary Disorders.
10/27/2014Proposed RuleDEPARTMENT OF LABORLabor DepartmentFederal-State Unemployment Compensation Program; Implementing the Total Unemployment Rate as an Extended Benefits Indicator and Amending for Technical Corrections; Notice of Proposed RulemakingThe Employment and Training Administration (ETA) of the U.S. Department of Labor (Department) issues this notice of proposed rulemaking (NPRM) to implement statutory amendments to the Extended Benefits (EB) program, which pays extra weeks of...2014-24314FR-Doc-2014-24314Federal-State-Unemployment-Compensation-Program-Implementing-The-Total-Unemployment-Rate-As-AnThe Employment and Training Administration (ETA) of the U.S. Department of Labor (Department) issues this notice of proposed rulemaking (NPRM) to implement statutory amendments to the Extended Benefits (EB) program, which pays extra weeks of unemployment compensation during periods of high unemployment in a State. Specifically, this NPRM proposes a methodology for computing the Total Unemployment Rate (TUR) indicator which is an optional indicator used to measure unemployment in a state. We also propose amendments to make technical corrections to the current regulations and to correct minor mistakes.
10/10/2014RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Genitourinary DisordersThese final rules revise the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving genitourinary disorders in adults and children under titles II and XVI of the Social Security Act (Act). The revisions reflect our...2014-24114FR-Doc-2014-24114Revised-Medical-Criteria-For-Evaluating-Genitourinary-DisordersThese final rules revise the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving genitourinary disorders in adults and children under titles II and XVI of the Social Security Act (Act). The revisions reflect our program experience and address adjudicator questions we have received since we last comprehensively revised this body system in 2005.
10/09/2014Proposed RuleDEPARTMENT OF LABORLabor DepartmentFederal-State Unemployment Compensation Program; Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation ApplicantsThe Employment and Training Administration (ETA) of the U.S. Department of Labor (Department) proposes to establish in regulation, for State Unemployment Insurance (UI) program purposes, occupations that regularly conduct drug testing. These...2014-24098FR-Doc-2014-24098Federal-State-Unemployment-Compensation-Program-Middle-Class-Tax-Relief-And-Job-Creation-Act-Of-2012The Employment and Training Administration (ETA) of the U.S. Department of Labor (Department) proposes to establish in regulation, for State Unemployment Insurance (UI) program purposes, occupations that regularly conduct drug testing. These regulations would implement the Middle Class Tax Relief and Job Creation Act of 2012 (the Act) amendments to the Social Security Act (SSA), permitting States to enact legislation that would allow State UI agencies to conduct drug testing on unemployment compensation (UC) applicants for whom suitable work (as defined under the State law) is only available in an occupation that regularly conducts drug testing (as determined under regulations issued by the Secretary of Labor (Secretary)). States may deny UC to an applicant who tests positive for drug use under these circumstances. The Secretary is required under the SSA to issue regulations determining those occupations that regularly conduct drug testing.
08/28/2014RuleSocial Security AdministrationSocial Security AdministrationExtension of the Expiration Date for State Disability Examiner Authority To Make Fully Favorable Quick Disability Determinations and Compassionate AllowancesWe are extending the expiration date of our rule that authorizes State agency disability examiners to make fully favorable determinations without the approval of a State agency medical or psychological consultant in claims that we consider under our...2014-20535FR-Doc-2014-20535Extension-Of-The-Expiration-Date-For-State-Disability-Examiner-Authority-To-Make-Fully-FavorableWe are extending the expiration date of our rule that authorizes State agency disability examiners to make fully favorable determinations without the approval of a State agency medical or psychological consultant in claims that we consider under our quick disability determination (QDD) and compassionate allowance (CAL) processes. The current rule will expire on November 14, 2014. In this final rule, we are changing the November 14, 2014 expiration or ``sunset'' date to November 13, 2015, extending the authority for 1 year. We are making no other substantive changes.
07/31/2014RuleSocial Security AdministrationSocial Security AdministrationExtension of Expiration Date for Temporary Pilot Program Setting the Time and Place for a Hearing Before an Administrative Law Judge; CorrectionThe Social Security Administration published a final rule document in the Federal Register on July 18, 2014 (79 FR 41881), extending the expiration date for the Temporary Pilot Program Setting the Time and Place for a Hearing Before an Administrative...2014-17976FR-Doc-2014-17976Extension-Of-Expiration-Date-For-Temporary-Pilot-Program-Setting-The-Time-And-Place-For-A-HearingThe Social Security Administration published a final rule document in the Federal Register on July 18, 2014 (79 FR 41881), extending the expiration date for the Temporary Pilot Program Setting the Time and Place for a Hearing Before an Administrative Law Judge. That document inadvertently had a timing issue with Sec. 405.315(e) not being codified by the July 18, 2014 publication. Section 405.315(e) was codified on July 25, 2014. This document corrects the final regulation by revising the now codified Sec. 405.315(e).
07/18/2014RuleSocial Security AdministrationSocial Security AdministrationExtension of Expiration Date for Temporary Pilot Program Setting the Time and Place for a Hearing Before an Administrative Law JudgeWe are extending for one year our pilot program that authorizes the agency to set the time and place for a hearing before an administrative law judge (ALJ). Extending the pilot program continues our commitment to improve the efficiency of our hearing...2014-16782FR-Doc-2014-16782Extension-Of-Expiration-Date-For-Temporary-Pilot-Program-Setting-The-Time-And-Place-For-A-HearingWe are extending for one year our pilot program that authorizes the agency to set the time and place for a hearing before an administrative law judge (ALJ). Extending the pilot program continues our commitment to improve the efficiency of our hearing process and provide accurate, high-quality decisions for claimants. The current pilot program will expire on August 9, 2014. In this final rule, we are extending the expiration date to August 10, 2015. We are making no other substantive changes.
06/26/2014RuleSocial Security AdministrationSocial Security AdministrationElectronic Substitutions for SSA-538This final rule adopts, without change, the final rule with request for comments we published in the Federal Register (76 FR 41685) on July 15, 2011. We are revising our regulations to reflect our use of electronic case processing at the initial and...2014-14914FR-Doc-2014-14914Electronic-Substitutions-For-Ssa-538This final rule adopts, without change, the final rule with request for comments we published in the Federal Register (76 FR 41685) on July 15, 2011. We are revising our regulations to reflect our use of electronic case processing at the initial and reconsideration levels of our administrative review process. We are not changing the requirement that State agency medical and psychological consultants must affirm the accuracy and completeness of their findings of fact and discussion of the supporting evidence, only the manner in which they may provide the required findings and affirmation. This revision will improve our efficiency by increasing our use of electronic resources.
06/25/2014RuleSocial Security AdministrationSocial Security AdministrationChanges to Scheduling and Appearing at HearingsThese final rules explain how a claimant may object to appearing at a hearing via video teleconferencing, or to the time and place of a hearing. These final rules adopt, with further clarification regarding our good cause exception, the notice of...2014-14793FR-Doc-2014-14793Changes-To-Scheduling-And-Appearing-At-HearingsThese final rules explain how a claimant may object to appearing at a hearing via video teleconferencing, or to the time and place of a hearing. These final rules adopt, with further clarification regarding our good cause exception, the notice of proposed rulemaking (NPRM) that we published in the Federal Register on June 27, 2013. We expect that these final rules will have a minimal impact on the public, help ensure the integrity of our programs, and allow us to administer our programs more efficiently.
06/12/2014RuleSocial Security AdministrationSocial Security AdministrationObtaining Evidence Beyond the Current \u201cSpecial Arrangement Sources\u201dWe are amending our regulations to state that we will obtain evidence from any appropriate source. Our current regulations provide that we will obtain information from ``special arrangement sources'' for those infrequent situations when we are in a...2014-13802FR-Doc-2014-13802Obtaining-Evidence-Beyond-The-Current-Special-Arrangement-SourcesWe are amending our regulations to state that we will obtain evidence from any appropriate source. Our current regulations provide that we will obtain information from ``special arrangement sources'' for those infrequent situations when we are in a better position than our State agency partners to obtain evidence. Due to improved evidence collection through our increased use of health information technology (health IT), we are obtaining evidence electronically with increasing frequency. We expect that, over time, the electronic exchange of medical records will become our primary means for obtaining medical evidence. As we increase our use of health IT, the designation of ``special arrangement sources'' will no longer adequately describe from whom we collect evidence.
06/12/2014RuleSocial Security AdministrationSocial Security AdministrationTechnical Corrections to RegulationsWe are making technical corrections to several of our regulations. In some cases, we are correcting outdated cross-references in light of revisions we made to other rules. We are also revising the maximum dollar amount of overpayments subject to...2014-13803FR-Doc-2014-13803Technical-Corrections-To-RegulationsWe are making technical corrections to several of our regulations. In some cases, we are correcting outdated cross-references in light of revisions we made to other rules. We are also revising the maximum dollar amount of overpayments subject to compromise based on other changes in the law, and we are adjusting the formula we use to calculate the maximum benefits payable in the first and second installment payments of large past-due benefits for the same reason. In addition, we are updating references to the coverage status of affected non-temporary employees of the government of the Commonwealth of the Northern Mariana Islands. These changes do not alter the substance of the regulations or effect the rights of claimants or any other parties. We expect that the changes will make our rules more internally consistent and make them easier to use.
05/01/2014Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Neurological Disorders; Reopening of the Comment PeriodOn February 25, 2014, we published in the Federal Register a notice of proposed rulemaking (NPRM) regarding Revised Medical Criteria for Evaluating Neurological Disorders and solicited public comments. We provided a 60-day comment period ending on...2014-09951FR-Doc-2014-09951Revised-Medical-Criteria-For-Evaluating-Neurological-Disorders-Reopening-Of-The-Comment-PeriodOn February 25, 2014, we published in the Federal Register a notice of proposed rulemaking (NPRM) regarding Revised Medical Criteria for Evaluating Neurological Disorders and solicited public comments. We provided a 60-day comment period ending on April 28, 2014. We are reopening the comment period for 30 days.
04/28/2014Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Neurological DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate disability claims involving neurological disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed...2014-09480FR-Doc-2014-09480Revised-Medical-Criteria-For-Evaluating-Neurological-DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate disability claims involving neurological disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect our program experience; advances in medical knowledge, treatment, and methods of evaluating neurological disorders; comments we received from medical experts and the public at an outreach policy conference; and responses to an advance notice of proposed rulemaking (ANPRM). On Monday, May 12, 2014 at 1:00 p.m., EDT, we will conduct an informational teleconference on certain proposed changes to the medical criteria for evaluating neurological disorders in the Listing of Impairments (listings). The teleconference is open to the public and will be strictly informational. Date and Time: The teleconference will take place on Monday, May 12, 2014 at 1:00 p.m., EDT. Teleconference: To join us by teleconference, dial phone number 1- 800-930-7709 and use passcode number 112683.
04/17/2014RuleDEPARTMENT OF LABORLabor DepartmentBlack Lung Benefits Act: Standards for Chest RadiographsPhysicians and adjudicators use chest radiographs (X-rays) as a tool in evaluating whether a coal miner suffers from pneumoconiosis (black lung disease). Accordingly, the Department's regulations implementing the Black Lung Benefits Act allow the...2014-08636FR-Doc-2014-08636Black-Lung-Benefits-Act-Standards-For-Chest-RadiographsPhysicians and adjudicators use chest radiographs (X-rays) as a tool in evaluating whether a coal miner suffers from pneumoconiosis (black lung disease). Accordingly, the Department's regulations implementing the Black Lung Benefits Act allow the submission of radiographs in connection with benefit claims and set out quality standards for administering and interpreting film-based chest radiographs. This final rule updates the Department's existing film- radiograph standards and provides parallel standards for digital radiographs. This rule also updates outdated terminology and removes certain obsolete provisions.
03/25/2014Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Human Immunodeficiency Virus (HIV) Infection and for Evaluating Functional Limitations in Immune System Disorders; Correction and Extension of Comment PeriodThis document corrects and extends the deadline for submitting comments on the notice of proposed rulemaking (NPRM) published in the Federal Register on Wednesday, February 26, 2014, regarding Revised Medical Criteria for Evaluating Human...2014-06524FR-Doc-2014-06524Revised-Medical-Criteria-For-Evaluating-Human-Immunodeficiency-Virus-Hiv-Infection-And-ForThis document corrects and extends the deadline for submitting comments on the notice of proposed rulemaking (NPRM) published in the Federal Register on Wednesday, February 26, 2014, regarding Revised Medical Criteria for Evaluating Human Immunodeficiency Virus (HIV) Infection and for Evaluating Functional Limitations in Immune System Disorders.
03/24/2014Proposed RuleSocial Security AdministrationSocial Security AdministrationCollection of Administrative DebtsWe propose to create our own administrative debt collection regulations. Currently, we collect these debts under the authority of the Department of Health and Human Services regulations from 1995. However, under the regulations issued by the Department...2014-06182FR-Doc-2014-06182Collection-Of-Administrative-DebtsWe propose to create our own administrative debt collection regulations. Currently, we collect these debts under the authority of the Department of Health and Human Services regulations from 1995. However, under the regulations issued by the Department of Justice and Department of the Treasury (Treasury), to perform certain debt collection activities, agencies must publish their own regulations. Therefore, we propose this regulation to improve our authorities to pursue collection of administrative debts from current and separated employees and non-employee debtors as authorized by the Debt Collection Act (DCA) of 1982, amended by the Debt Collection Improvement Act (DCIA) of 1996 and other existing debt collection statutes.
03/14/2014Proposed RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B ProgramThe Department of Labor (DOL) is providing notice to the regulated community of the status of Wage Methodology for the Temporary Non-agricultural Employment H-2B Program, published January 19, 2011 in the Federal Register. DOL intends to publish a...2014-05589FR-Doc-2014-05589Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-ProgramThe Department of Labor (DOL) is providing notice to the regulated community of the status of Wage Methodology for the Temporary Non-agricultural Employment H-2B Program, published January 19, 2011 in the Federal Register. DOL intends to publish a notice of proposed rulemaking on the proper wage methodology for the H-2B program, working off of the 2011 Wage Rule as a starting point.
03/03/2014RuleSocial Security AdministrationSocial Security AdministrationMedicare Determinations and Income-Related Monthly Adjustment Amounts to Medicare Part B Premiums; Conforming Changes to RegulationsThis final rule adopts, without change, the interim final rule with request for comments we published in the Federal Register on September 18, 2013. The interim final rule modified our rules regarding Medicare Part B income-related monthly adjustment...2014-04610FR-Doc-2014-04610Medicare-Determinations-And-Income-Related-Monthly-Adjustment-Amounts-To-Medicare-Part-B-PremiumsThis final rule adopts, without change, the interim final rule with request for comments we published in the Federal Register on September 18, 2013. The interim final rule modified our rules regarding Medicare Part B income-related monthly adjustment amounts to conform to changes made to the Social Security Act (Act) and Internal Revenue Code by the Affordable Care Act. We also removed provisions that phased in income-related monthly adjustment amounts between 2007 and 2009 and updated a citation to reflect the transfer of authority for hearing appeals under title XVIII of the Act from the Social Security Administration to the Department of Health and Human Services.
02/26/2014RuleSocial Security AdministrationSocial Security AdministrationExtension of Expiration Dates for Several Body System ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Growth Impairment, Musculoskeletal System, Respiratory System, Cardiovascular System, Digestive System, Skin Disorders, and...2014-04123FR-Doc-2014-04123Extension-Of-Expiration-Dates-For-Several-Body-System-ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Growth Impairment, Musculoskeletal System, Respiratory System, Cardiovascular System, Digestive System, Skin Disorders, and Neurological. We are making no other revisions to these body systems in this final rule. This extension will ensure that we continue to have the criteria we need to evaluate impairments in the affected body systems at step three of the sequential evaluation processes for initial claims and continuing disability reviews.
02/26/2014Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Human Immunodeficiency Virus (HIV) Infection and for Evaluating Functional Limitations in Immune System DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving human immunodeficiency virus (HIV) infection in adults and children under titles II and XVI of the Social Security Act (Act). We also...2014-04124FR-Doc-2014-04124Revised-Medical-Criteria-For-Evaluating-Human-Immunodeficiency-Virus-Hiv-Infection-And-ForWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving human immunodeficiency virus (HIV) infection in adults and children under titles II and XVI of the Social Security Act (Act). We also propose to revise the introductory text of the listings that we use to evaluate functional limitations resulting from immune system disorders. The proposed revisions reflect our program experience, advances in medical knowledge, recommendations from a commissioned report and comments from medical experts and the public.
02/25/2014Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Neurological DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate disability claims involving neurological disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed...2014-02659FR-Doc-2014-02659Revised-Medical-Criteria-For-Evaluating-Neurological-DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate disability claims involving neurological disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect our program experience; advances in medical knowledge, treatment, and methods of evaluating neurological disorders; comments we received from medical experts and the public at an outreach policy conference; and responses to an advance notice of proposed rulemaking (ANPRM).
02/20/2014Proposed RuleSocial Security AdministrationSocial Security AdministrationSubmission of Evidence in Disability ClaimsWe propose to clarify our regulations to require you to inform us about or submit all evidence known to you that relates to your disability claim, subject to two exceptions for certain privileged communications. This requirement would include the duty...2014-03426FR-Doc-2014-03426Submission-Of-Evidence-In-Disability-ClaimsWe propose to clarify our regulations to require you to inform us about or submit all evidence known to you that relates to your disability claim, subject to two exceptions for certain privileged communications. This requirement would include the duty to submit all evidence obtained from any source in its entirety, unless subject to one of these exceptions. We also propose to require your representative to help you obtain the information or evidence that we would require you to submit under our regulations. These modifications to our regulations would better describe your duty to submit all evidence that relates to your disability claim and enable us to have a more complete case record on which to make more accurate disability determinations and decisions.
02/19/2014RuleDEPARTMENT OF LABORLabor DepartmentFederal-State Unemployment Insurance (UI) Program; Data Exchange Standardization as Required by Section 2104 of the Middle Class Tax Relief and Job Creation Act of 2012The Department of Labor's (Department's) Employment and Training Administration (ETA) issues this final rule to designate in regulation data exchange standards, developed in consultation with an interagency work group established by the Office of...2014-03496FR-Doc-2014-03496Federal-State-Unemployment-Insurance-Ui-Program-Data-Exchange-Standardization-As-Required-By-SectionThe Department of Labor's (Department's) Employment and Training Administration (ETA) issues this final rule to designate in regulation data exchange standards, developed in consultation with an interagency work group established by the Office of Management and Budget (OMB), for Unemployment Insurance (UI) administration, as required by amendments to Title IX of the Social Security Act (SSA) made by the Middle Class Tax Relief and Job Creation Act of 2012 (the Act). These regulations establish data exchange standards for three categories of information: real-time applications on the Interstate Connection Network (ICON); the State Information Data Exchange System (SIDES); and implementation of the standards identified for ICON and SIDES in major Information Technology (IT) modernization projects to upgrade UI Benefits and Tax systems by State Workforce Agencies (SWAs) using Federal funds.
02/10/2014RuleSocial Security AdministrationSocial Security AdministrationChange of Address for Requests: Testimony by Employees and the Production of Records and Information in Legal Proceedings, Claims Against the Government Under the Federal Tort Claims Act of 1948, and Claims Under the Military Personnel and Civilian Employees' Claim Act of 1964This final rule updates the address used to file applications for testimony of a Social Security Administration employee and claims made pursuant to either the Federal Tort Claims Act of 1948 or the Military Personnel and Civilian Employees' Claims Act...2014-02853FR-Doc-2014-02853Change-Of-Address-For-Requests-Testimony-By-Employees-And-The-Production-Of-Records-And-InformationThis final rule updates the address used to file applications for testimony of a Social Security Administration employee and claims made pursuant to either the Federal Tort Claims Act of 1948 or the Military Personnel and Civilian Employees' Claims Act of 1964.
12/17/2013Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Cancer (Malignant Neoplastic Diseases)We propose to revise the criteria in parts A and B of the Listing of Impairments (listings) that we use to evaluate cases involving cancer (malignant neoplastic diseases) in adults and children under titles II and XVI of the Social Security Act (Act)....2013-30088FR-Doc-2013-30088Revised-Medical-Criteria-For-Evaluating-Cancer-Malignant-Neoplastic-DiseasesWe propose to revise the criteria in parts A and B of the Listing of Impairments (listings) that we use to evaluate cases involving cancer (malignant neoplastic diseases) in adults and children under titles II and XVI of the Social Security Act (Act). These proposed revisions reflect our adjudicative experience, advances in medical knowledge, and recommendations from medical experts we consulted, as well as public comments we received on methods of evaluating cancer.
12/09/2013RuleSocial Security AdministrationSocial Security AdministrationExtension of Expiration Date for Mental Disorders Body System Listings; CorrectionIn the Federal Register of December 3, 2013, we published a final rule document extending the expiration date of the Mental Disorders body system in the Listing of Impairments (listings) in our regulations. We inadvertently stated the RIN incorrectly...2013-29264FR-Doc-2013-29264Extension-Of-Expiration-Date-For-Mental-Disorders-Body-System-Listings-CorrectionIn the Federal Register of December 3, 2013, we published a final rule document extending the expiration date of the Mental Disorders body system in the Listing of Impairments (listings) in our regulations. We inadvertently stated the RIN incorrectly as 0960-AH49. This document corrects the RIN to 0960-AH62.
12/03/2013RuleSocial Security AdministrationSocial Security AdministrationExtension of Expiration Date for Mental Disorders Body System ListingsWe are extending the expiration date of the Mental Disorders body system in the Listing of Impairments (listings) in our regulations. We are making no other revisions to this body system in this final rule. This extension will ensure that we continue...2013-28836FR-Doc-2013-28836Extension-Of-Expiration-Date-For-Mental-Disorders-Body-System-ListingsWe are extending the expiration date of the Mental Disorders body system in the Listing of Impairments (listings) in our regulations. We are making no other revisions to this body system in this final rule. This extension will ensure that we continue to have the criteria we need to evaluate mental disorders at step three of the sequential evaluation processes for initial claims and continuing disability reviews.
11/25/2013Proposed RuleSocial Security AdministrationSocial Security AdministrationElectronic Interim Assistance Reimbursement ProgramWe reimburse States that provide interim assistance to Supplemental Security Income (SSI) claimants under our interim assistance reimbursement (IAR) program. We provide this reimbursement from the SSI recipient's initial retroactive SSI payment. On...2013-28034FR-Doc-2013-28034Electronic-Interim-Assistance-Reimbursement-ProgramWe reimburse States that provide interim assistance to Supplemental Security Income (SSI) claimants under our interim assistance reimbursement (IAR) program. We provide this reimbursement from the SSI recipient's initial retroactive SSI payment. On November 20, 2010, we began using an electronic Interim Assistance Reimbursement system (eIAR) to streamline the way we process reimbursements to the States. The eIAR process replaced our prior paper-based process with an electronic one, and greatly reduced our and the State's involvement in manually processing IAR cases. This electronic system did not change the amount of payments we make to States and SSI recipients. We propose to revise our rules about how we administer the IAR process to reflect the electronic process. We also made minor language changes and reorganized the sections for clarity.
11/20/2013RuleDEPARTMENT OF LABORLabor DepartmentAttestation Process for Employers Using F-1 Students in Off-Campus WorkThis final rule rescinds the regulations which provided rules governing employers seeking to hire F-1 foreign students as part-time workers off-campus. These subparts became obsolete after the authorizing statute and its two-year extension expired in...2013-27685FR-Doc-2013-27685Attestation-Process-For-Employers-Using-F-1-Students-In-Off-Campus-WorkThis final rule rescinds the regulations which provided rules governing employers seeking to hire F-1 foreign students as part-time workers off-campus. These subparts became obsolete after the authorizing statute and its two-year extension expired in 1996. Accordingly, the Department of Labor (the Department) is taking this action to remove regulations that no longer have force and effect.
11/20/2013RuleDEPARTMENT OF LABORLabor DepartmentLabor Certification Process for Logging Employment and Non-H-2A Agricultural EmploymentThis final rule rescinds the regulations for employers in the logging industry utilizing foreign workers. The regulations became obsolete after a rulemaking in 2010 reassigned them elsewhere in the Code of Federal Regulations. The Department of Labor...2013-27693FR-Doc-2013-27693Labor-Certification-Process-For-Logging-Employment-And-Non-H-2a-Agricultural-EmploymentThis final rule rescinds the regulations for employers in the logging industry utilizing foreign workers. The regulations became obsolete after a rulemaking in 2010 reassigned them elsewhere in the Code of Federal Regulations. The Department of Labor (``Department'') is issuing this final rule to remove the obsolete regulations.
11/20/2013RuleDEPARTMENT OF LABORLabor DepartmentRemoval of Attestation Process for Facilities Using H-1A Registered NursesThis final rule rescinds the regulations found which provided rules governing health care facilities using nonimmigrant foreign workers as registered nurses under the H-1A visa program. These subparts became obsolete after the authorizing statute and...2013-27683FR-Doc-2013-27683Removal-Of-Attestation-Process-For-Facilities-Using-H-1a-Registered-NursesThis final rule rescinds the regulations found which provided rules governing health care facilities using nonimmigrant foreign workers as registered nurses under the H-1A visa program. These subparts became obsolete after the authorizing statute and all extensions expired. Accordingly, the Department of Labor (the Department) is taking this action to remove regulations that no longer have force and effect.
11/19/2013Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Hematological DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving hematological disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect...2013-27514FR-Doc-2013-27514Revised-Medical-Criteria-For-Evaluating-Hematological-DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving hematological disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect advances in medical knowledge, our adjudicative experience, and information we received from medical experts and the public.
11/06/2013RuleSocial Security AdministrationSocial Security AdministrationExtension of the Expiration Date for State Disability Examiner Authority To Make Fully Favorable Quick Disability Determinations and Compassionate AllowancesWe are extending the expiration date of our rules that authorizes State agency disability examiners to make fully favorable determinations without the approval of a State agency medical or psychological consultant in claims that we consider under our...2013-26524FR-Doc-2013-26524Extension-Of-The-Expiration-Date-For-State-Disability-Examiner-Authority-To-Make-Fully-FavorableWe are extending the expiration date of our rules that authorizes State agency disability examiners to make fully favorable determinations without the approval of a State agency medical or psychological consultant in claims that we consider under our quick disability determination (QDD) and compassionate allowance (CAL) processes. The current rules will expire on November 12, 2013. In this final rule, we are changing the November 12, 2013 expiration or ``sunset'' date to November 14, 2014, extending the authority for 1 year. We are making no other substantive changes, although we are making minor, nonsubstantive editorial changes to the rule for clarity.
10/02/2013RuleDEPARTMENT OF LABORLabor DepartmentRegulations Implementing the Byrd Amendments to the Black Lung Benefits Act: Determining Coal Miners' and Survivors' Entitlement to Benefits; CorrectionThe Office of Workers' Compensation Programs is correcting the preamble to a final rule implementing amendments to the Black Lung Benefits Act that appeared in the Federal Register of September 25, 2013 (78 FR 59102). The preamble incorrectly stated...2013-23928FR-Doc-2013-23928Regulations-Implementing-The-Byrd-Amendments-To-The-Black-Lung-Benefits-Act-Determining-Coal-MinersThe Office of Workers' Compensation Programs is correcting the preamble to a final rule implementing amendments to the Black Lung Benefits Act that appeared in the Federal Register of September 25, 2013 (78 FR 59102). The preamble incorrectly stated that the Office of Information and Regulatory Affairs of the Office of Management and Budget had reviewed the rule under Executive Order 12866. This document corrects that error and changes the contact information.
09/25/2013RuleDEPARTMENT OF LABORLabor DepartmentRegulations Implementing the Byrd Amendments to the Black Lung Benefits Act: Determining Coal Miners' and Survivors' Entitlement to BenefitsThis final rule revises the Black Lung Benefits Act (BLBA or Act) regulations to implement amendments made by the Patient Protection and Affordable Care Act (ACA). The ACA amended the BLBA in two ways. First, it revived a rebuttable presumption of...2013-22874FR-Doc-2013-22874Regulations-Implementing-The-Byrd-Amendments-To-The-Black-Lung-Benefits-Act-Determining-Coal-MinersThis final rule revises the Black Lung Benefits Act (BLBA or Act) regulations to implement amendments made by the Patient Protection and Affordable Care Act (ACA). The ACA amended the BLBA in two ways. First, it revived a rebuttable presumption of total disability or death due to pneumoconiosis for certain claims. Second, it reinstituted automatic entitlement to benefits for certain eligible survivors of coal miners whose lifetime benefit claims were awarded because they were totally disabled due to pneumoconiosis. These regulations clarify how the statutory presumption may be invoked and rebutted and the application and scope of the survivor-entitlement provision. The rule also eliminates several unnecessary or obsolete provisions.
09/18/2013RuleSocial Security AdministrationSocial Security AdministrationMedicare Determinations and Income-Related Monthly Adjustment Amounts to Medicare Part B Premiums; Conforming Changes to RegulationsWe are modifying our regulations regarding Medicare Part B income-related monthly adjustment amounts (IRMAA) in order to conform to changes made to the Social Security Act (Act) by the Affordable Care Act. This rule freezes the modified adjusted gross...2013-22445FR-Doc-2013-22445Medicare-Determinations-And-Income-Related-Monthly-Adjustment-Amounts-To-Medicare-Part-B-PremiumsWe are modifying our regulations regarding Medicare Part B income-related monthly adjustment amounts (IRMAA) in order to conform to changes made to the Social Security Act (Act) by the Affordable Care Act. This rule freezes the modified adjusted gross income threshold and ranges from 2011 through 2019 and removes the requirement that beneficiaries consent to our release of Internal Revenue Service (IRS) information to the U.S. Department of Health and Human Services (HHS) for the purpose of adjudicating any appeal of an IRMAA to the Part B premium subsidy. We are also removing provisions that phased in IRMAA between 2007 and 2009 and updating a citation to reflect the transfer of authority for hearing appeals under Title XVIII of the Act from the Social Security Administration to HHS.
09/06/2013RuleSocial Security AdministrationSocial Security AdministrationExtension of Expiration Dates for Two Body System ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Genitourinary Impairments and Hematological Disorders. We are making no other revisions to these body systems in this final...2013-21845FR-Doc-2013-21845Extension-Of-Expiration-Dates-For-Two-Body-System-ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Genitourinary Impairments and Hematological Disorders. We are making no other revisions to these body systems in this final rule. These extensions will ensure that we continue to have the criteria we need to evaluate impairments in the affected body systems at step three of the sequential evaluation processes for initial claims and continuing disability reviews.
08/30/2013Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Hearing Loss and Disturbances of Labyrinthine-Vestibular FunctionWe are requesting your comments on whether and how we should revise the criteria in our Listing of Impairments (listings) for evaluating hearing loss and disturbances of labyrinthine-vestibular function in adults and children. We are requesting your...2013-21143FR-Doc-2013-21143Revised-Medical-Criteria-For-Evaluating-Hearing-Loss-And-Disturbances-Of-Labyrinthine-VestibularWe are requesting your comments on whether and how we should revise the criteria in our Listing of Impairments (listings) for evaluating hearing loss and disturbances of labyrinthine-vestibular function in adults and children. We are requesting your comments as part of our ongoing effort to ensure that our listings reflect current medical knowledge. If we propose specific revisions, we will publish a notice of proposed rulemaking in the Federal Register.
08/30/2013RuleDEPARTMENT OF LABORLabor DepartmentBlack Lung Benefits Act: Standards for Chest RadiographsThe Office of Workers' Compensation Programs (OWCP) published a direct final rule in the Federal Register on June 13, 2013, updating existing film-radiograph standards and providing parallel standards for submission of digital radiographs in connection...2013-21029FR-Doc-2013-21029Black-Lung-Benefits-Act-Standards-For-Chest-RadiographsThe Office of Workers' Compensation Programs (OWCP) published a direct final rule in the Federal Register on June 13, 2013, updating existing film-radiograph standards and providing parallel standards for submission of digital radiographs in connection with claims filed under the Black Lung Benefits Act. The comment period closed on August 12, 2013. OWCP is withdrawing the direct final rule because the agency received significant adverse comment.
08/30/2013RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective DateThe Department of Labor (Department or we/us) is delaying indefinitely the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule (2011 Wage Rule), in order to comply with recurrent legislation that...2013-21132FR-Doc-2013-21132Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-Program-Delay-Of-Effective-DateThe Department of Labor (Department or we/us) is delaying indefinitely the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule (2011 Wage Rule), in order to comply with recurrent legislation that prohibits us from using any funds to implement it, and to permit time for consideration of public comments sought in conjunction with an interim final rule published April 24, 2013, 78 FR 24047. The 2011 Wage Rule revised the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status. The 2011 Wage Rule was originally scheduled to become effective on January 1, 2012, and the effective date has been extended a number of times, most recently to October 1, 2013. We are now delaying the effective date of the 2011 Wage Rule indefinitely. This rule does not affect the Interim Final Rule, 78 FR 24047, published on April 24, 2013, establishing the current prevailing wage methodology for the H-2B program; that rule remains in effect.
08/01/2013RuleSocial Security AdministrationSocial Security AdministrationChange in Terminology: \u201cMental Retardation\u201d to \u201cIntellectual Disability\u201dThis final rule adopts, without change, the notice of proposed rulemaking (NPRM) we published in the Federal Register on January 28, 2013. We are replacing the term ``mental retardation'' with ``intellectual disability'' in our Listing of Impairments...2013-18552FR-Doc-2013-18552Change-In-Terminology-Mental-Retardation-To-Intellectual-DisabilityThis final rule adopts, without change, the notice of proposed rulemaking (NPRM) we published in the Federal Register on January 28, 2013. We are replacing the term ``mental retardation'' with ``intellectual disability'' in our Listing of Impairments (listings) that we use to evaluate claims involving mental disorders in adults and children under titles II and XVI of the Social Security Act (Act) and in other appropriate sections of our rules. This change reflects the widespread adoption of the term ``intellectual disability'' by Congress, government agencies, and various public and private organizations.
07/31/2013Proposed RuleSocial Security AdministrationSocial Security AdministrationRules of Administrative FinalityWe are requesting information from the public regarding whether and how we should change our rules of administrative finality. These rules govern when we can reopen and revise a determination or decision that has become final and is no longer subject...2013-18360FR-Doc-2013-18360Rules-Of-Administrative-FinalityWe are requesting information from the public regarding whether and how we should change our rules of administrative finality. These rules govern when we can reopen and revise a determination or decision that has become final and is no longer subject to administrative or judicial review. We are requesting information about several possible ways to change various aspects of our administrative finality rules. We are interested in obtaining information about issues such as whether and how we should revise the rules that govern the timeframes in which we can reopen a determination or decision, and whether and how we should revise the rules that govern the diligent pursuit of an investigation. We are also interested in obtaining information about whether we should adopt rules that would address our ability to make prospective changes to the amount of an individual's benefits without making changes for months in which the individual has already received payment. We are requesting your comments on several questions that we address below.
07/29/2013RuleSocial Security AdministrationSocial Security AdministrationExtension of Effective Date for Temporary Pilot Program Setting the Time and Place for a Hearing Before an Administrative Law JudgeWe are extending our pilot program that authorizes the agency to set the time and place for a hearing before an administrative law judge (ALJ). This final rule will extend the pilot program for 1 year. The extension of the pilot program continues our...2013-18143FR-Doc-2013-18143Extension-Of-Effective-Date-For-Temporary-Pilot-Program-Setting-The-Time-And-Place-For-A-HearingWe are extending our pilot program that authorizes the agency to set the time and place for a hearing before an administrative law judge (ALJ). This final rule will extend the pilot program for 1 year. The extension of the pilot program continues our commitment to improve the efficiency of our hearing process and maintain a hearing process that results in accurate, high-quality decisions for claimants. The current pilot program will expire on August 9, 2013. In this final rule, we are extending the effective date to August 9, 2014. We are making no other substantive changes.
07/29/2013RuleSocial Security AdministrationSocial Security AdministrationExtension of Sunset Date for Attorney Advisor ProgramWe are extending for 2 years our rule authorizing attorney advisors to conduct certain prehearing procedures and to issue fully favorable decisions. The current rule will expire on August 9, 2013. In this final rule, we are extending the sunset date to...2013-18145FR-Doc-2013-18145Extension-Of-Sunset-Date-For-Attorney-Advisor-ProgramWe are extending for 2 years our rule authorizing attorney advisors to conduct certain prehearing procedures and to issue fully favorable decisions. The current rule will expire on August 9, 2013. In this final rule, we are extending the sunset date to August 7, 2015. We are making no other substantive changes.
07/29/2013RuleSocial Security AdministrationSocial Security AdministrationMailing of Tickets Under the Ticket To Work ProgramThis final rule adopts, without change, the interim final rule with request for comments we published in the Federal Register on January 12, 2012, at 77 FR 1862. The interim final rule modified our rules so that we may send a Ticket to Work (Ticket) to...2013-18148FR-Doc-2013-18148Mailing-Of-Tickets-Under-The-Ticket-To-Work-ProgramThis final rule adopts, without change, the interim final rule with request for comments we published in the Federal Register on January 12, 2012, at 77 FR 1862. The interim final rule modified our rules so that we may send a Ticket to Work (Ticket) to Ticket to Work program (Ticket program)-eligible disabled beneficiaries. Under our previous rules, we mailed initial Ticket notices to all Ticket-eligible beneficiaries immediately after they began receiving benefits, regardless of whether they were likely to participate in the program. This change did not affect Ticket eligibility requirements.
07/23/2013Proposed RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Proposed Delay of Effective DateThe Department of Labor (Department) is proposing to delay indefinitely the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule (2011 Wage Rule), in order to comply with recurrent legislation...2013-17676FR-Doc-2013-17676Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-Program-Proposed-Delay-OfThe Department of Labor (Department) is proposing to delay indefinitely the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule (2011 Wage Rule), in order to comply with recurrent legislation that prohibits the Department from using any funds to implement it, and to permit time for consideration of public comments sought in conjunction with an interim final rule published April 24, 2013, 78 FR 24047. The 2011 Wage Rule revised the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status. The 2011 Wage Rule was originally scheduled to become effective on January 1, 2012, and the effective date has been extended a number of times, most recently to October 1, 2013.\\1\\ The Department is now proposing to delay the effective date of the 2011 Wage Rule until such time as Congress no longer prohibits the Department from implementing the 2011 Wage Rule. ---------------------------------------------------------------------------
06/27/2013Proposed RuleSocial Security AdministrationSocial Security AdministrationChanges to Scheduling and Appearing at HearingsWe propose to revise our rules to protect the integrity of our programs and preserve limited resources. Prior to scheduling a hearing, we will notify the claimant that his or her hearing may be held by video teleconferencing. The claimant will have an...2013-14894FR-Doc-2013-14894Changes-To-Scheduling-And-Appearing-At-HearingsWe propose to revise our rules to protect the integrity of our programs and preserve limited resources. Prior to scheduling a hearing, we will notify the claimant that his or her hearing may be held by video teleconferencing. The claimant will have an opportunity to object to appearing by video teleconferencing within 30 days after the date he or she receives the notice. We also propose changes that allow us to determine that a claimant will appear via video teleconferencing if he or she changes residences while his or her request for hearing is pending, regardless of whether or not the claimant previously declined a hearing by video teleconferencing. Additionally, we propose changes that require a claimant to notify us, in writing, of an objection to the time and place of hearing at the earliest opportunity, but not later than 5 days before the date set for the hearing, or, if earlier, 30 days after receiving the notice of the hearing. We also propose to revise our rules so that an administrative law judge (ALJ) can direct a claimant and any other party to a hearing to appear by telephone in extraordinary circumstances. We anticipate that these proposed changes will have a minimal impact on the public, and will help ensure the integrity of our programs and allow us to administer our programs more efficiently.
06/13/2013RuleDEPARTMENT OF LABORLabor DepartmentBlack Lung Benefits Act: Standards for Chest RadiographsPhysicians and adjudicators use chest radiographs (X-rays) as a tool in evaluating whether a coal miner suffers from pneumoconiosis (black lung disease). Accordingly, the Department's regulations implementing the Black Lung Benefits Act allow the...2013-13970FR-Doc-2013-13970Black-Lung-Benefits-Act-Standards-For-Chest-RadiographsPhysicians and adjudicators use chest radiographs (X-rays) as a tool in evaluating whether a coal miner suffers from pneumoconiosis (black lung disease). Accordingly, the Department's regulations implementing the Black Lung Benefits Act allow the submission of radiographs in connection with benefit claims and set out quality standards for their performance. These standards are currently limited to film radiographs. In recent years, many medical facilities have phased out film radiography in favor of digital radiography. This direct final rule updates the existing film-radiograph standards and provides parallel standards for digital radiographs. This rule also updates outdated terminology and removes certain obsolete provisions.
06/13/2013Proposed RuleDEPARTMENT OF LABORLabor DepartmentBlack Lung Benefits Act: Standards for Chest RadiographsPhysicians and adjudicators use chest radiographs (X-rays) as a tool in evaluating whether a coal miner suffers from pneumoconiosis (black lung disease). Accordingly, the Department's regulations implementing the Black Lung Benefits Act allow the...2013-13971FR-Doc-2013-13971Black-Lung-Benefits-Act-Standards-For-Chest-RadiographsPhysicians and adjudicators use chest radiographs (X-rays) as a tool in evaluating whether a coal miner suffers from pneumoconiosis (black lung disease). Accordingly, the Department's regulations implementing the Black Lung Benefits Act allow the submission of radiographs in connection with benefit claims and set out quality standards for their performance. These standards are currently limited to film radiographs. In recent years, many medical facilities have phased out film radiography in favor of digital radiography. This proposed rule would update the existing film-radiograph standards and provide parallel standards for digital radiographs. The proposed rule would also update outdated terminology and remove certain obsolete provisions.
05/29/2013RuleOFFICE OF PERSONNEL MANAGEMENTPersonnel Management OfficeGarnishment of Accounts Containing Federal Benefit PaymentsTreasury, SSA, VA, RRB and OPM (Agencies) are adopting as final an interim rule to amend their regulation governing the garnishment of certain Federal benefit payments that are directly deposited to accounts at financial institutions. The rule...2013-12567FR-Doc-2013-12567Garnishment-Of-Accounts-Containing-Federal-Benefit-PaymentsTreasury, SSA, VA, RRB and OPM (Agencies) are adopting as final an interim rule to amend their regulation governing the garnishment of certain Federal benefit payments that are directly deposited to accounts at financial institutions. The rule establishes procedures that financial institutions must follow when they receive a garnishment order against an account holder who receives certain types of Federal benefit payments by direct deposit. The rule requires financial institutions that receive such a garnishment order to determine the sum of such Federal benefit payments deposited to the account during a two month period, and to ensure that the account holder has access to an amount equal to that sum or to the current balance of the account, whichever is lower.
05/22/2013Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Listings for Growth Disorders and Weight Loss in ChildrenSeveral body systems in our Listing of Impairments (listings) contain listings for children based on impairment of linear growth or weight loss. We propose to replace those listings with new listings, add a listing to the genitourinary body system for...2013-11601FR-Doc-2013-11601Revised-Listings-For-Growth-Disorders-And-Weight-Loss-In-ChildrenSeveral body systems in our Listing of Impairments (listings) contain listings for children based on impairment of linear growth or weight loss. We propose to replace those listings with new listings, add a listing to the genitourinary body system for children, and provide new introductory text for each listing explaining how to apply the new criteria. The proposed revisions to our listings reflect our program experience, advances in medical knowledge, comments we received from medical experts and the public at an outreach policy conference, and comments we received in response to a notice of intent to issue regulations and request for comments (request for comments) and an advance notice of proposed rulemaking (ANPRM). We are also proposing conforming changes in our regulations for title XVI of the Social Security Act (Act).
05/21/2013RuleSocial Security AdministrationSocial Security AdministrationRules on Determining Hearing AppearancesThis final rule is another step in our continual efforts to handle workloads more effectively and efficiently. We are publishing final rules for portions of the rules we proposed in October 2007 that relate to persons, other than the claimant or any...2013-11932FR-Doc-2013-11932Rules-On-Determining-Hearing-AppearancesThis final rule is another step in our continual efforts to handle workloads more effectively and efficiently. We are publishing final rules for portions of the rules we proposed in October 2007 that relate to persons, other than the claimant or any other party to the hearing, appearing by telephone. We are also clarifying that the administrative law judge (ALJ) will allow the claimant or any other party to a hearing to appear by telephone under certain circumstances when the claimant or other party requests to make his or her appearance in that manner. We expect that these final rules will make the hearings process more efficient and help us continue to reduce the hearings backlog. In addition, we made some minor editorial changes to our regulations that do not have any effect on the rights of claimants or any other parties.
04/24/2013RuleDEPARTMENT OF HOMELAND SECURITYHomeland Security DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural...2013-09723FR-Doc-2013-09723Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-Program-Part-2The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This interim final rule revises how DOL provides the consultation that DHS has determined is necessary to adjudicate H-2B petitions by revising the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with the application for certification; the prevailing wage is then used in petitioning DHS to employ nonimmigrant workers in H-2B status. DOL and DHS are jointly issuing this rule in response to the court's order in Comit[eacute] de Apoyo a los Trabajadores Agricolas v. Solis, which vacated portions of DOL's current prevailing wage rate regulation, and to ensure that there is no question that the rule is in effect nationwide in light of other outstanding litigation. This rule also contains certain revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classification, after consulting with DOL for its advice about matters with which DOL has expertise, particularly, in this case, questions about the methodology for setting the prevailing wage in the H-2B program.
04/02/2013Proposed RuleDEPARTMENT OF LABORLabor DepartmentAdministrative Claims Under the Federal Tort Claims Act and Related StatutesWith this document, the Department of Labor (DOL) is withdrawing its proposed rule that accompanied its direct final rule revising the regulations governing administrative claims under the Federal Tort Claims Act and related statutes.2013-07525FR-Doc-2013-07525Administrative-Claims-Under-The-Federal-Tort-Claims-Act-And-Related-StatutesWith this document, the Department of Labor (DOL) is withdrawing its proposed rule that accompanied its direct final rule revising the regulations governing administrative claims under the Federal Tort Claims Act and related statutes.
03/29/2013RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective DateThe Department of Labor is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule (the Wage Rule), in order to address legislation that prohibits any funds from being used to implement...2013-07431FR-Doc-2013-07431Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-Program-Delay-Of-Effective-DateThe Department of Labor is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule (the Wage Rule), in order to address legislation that prohibits any funds from being used to implement the Wage Rule for the remainder of fiscal year (FY) 2013. The Wage Rule revised the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status.
03/28/2013RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Visual DisordersWe are revising and reorganizing the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving visual disorders in adults and children under titles II and XVI of the Social Security Act (Act). The revisions reflect our...2013-06975FR-Doc-2013-06975Revised-Medical-Criteria-For-Evaluating-Visual-DisordersWe are revising and reorganizing the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving visual disorders in adults and children under titles II and XVI of the Social Security Act (Act). The revisions reflect our program experience and guidance we have issued in response to adjudicator questions we have received since we last revised these criteria in 2006. These revisions will provide clarification about how we evaluate visual disorders and ensure more timely adjudication of claims in which we evaluate visual disorders that result in a loss of visual acuity or field.
03/11/2013RuleDEPARTMENT OF LABORLabor DepartmentUniform National Threshold Entered Employment Rate for VeteransThe purpose of this Final Rule is to establish the uniform national threshold entered employment rate (UNTEER) for veterans, as required of the Secretary in 38 U.S.C. 4102A(c)(3)(B), for use in evaluating States' performance in assisting veterans to...2013-05345FR-Doc-2013-05345Uniform-National-Threshold-Entered-Employment-Rate-For-VeteransThe purpose of this Final Rule is to establish the uniform national threshold entered employment rate (UNTEER) for veterans, as required of the Secretary in 38 U.S.C. 4102A(c)(3)(B), for use in evaluating States' performance in assisting veterans to meet their employment needs. The Final Rule also explains how the threshold will be used in the process of identifying those States to be reviewed by comparing the actual entered employment rate (EER) achieved for veterans with the threshold EER, and it identifies certain factors, in addition to the threshold, that will be included in the Department's review to determine whether an EER below the threshold reflects a deficiency in the State's performance, or is attributable to other factors beyond the State's control. Finally, in those cases in which a State's EER is determined to reflect a deficiency in a State's performance, this Final Rule identifies the procedure for the submission and review of a corrective action plan (CAP), the delivery of technical assistance (TA), and the initiation of the necessary steps to implement corrective actions to improve the State's performance in assisting veterans to meet their employment needs.
02/25/2013Proposed RuleDEPARTMENT OF LABORLabor DepartmentFederal-State Unemployment Insurance (UI) Program; Data Exchange Standardization as Required by Section 2104 of the Middle Class Tax Relief and Job Creation Act of 2012The Department of Labor's (Department's) Employment and Training Administration proposes to designate in regulation data exchange standards, developed in consultation with an interagency work group established by the Office of Management and Budget...2013-04332FR-Doc-2013-04332Federal-State-Unemployment-Insurance-Ui-Program-Data-Exchange-Standardization-As-Required-By-SectionThe Department of Labor's (Department's) Employment and Training Administration proposes to designate in regulation data exchange standards, developed in consultation with an interagency work group established by the Office of Management and Budget (OMB), for Unemployment Insurance (UI) administration as required by amendments to Title IX of the Social Security Act (SSA) made by the Middle Class Tax Relief and Job Creation Act of 2012 (the Act). This proposed regulation would establish data exchange standards for three categories of information: real-time applications on the Interstate Connection Network (ICON); the State Information Data Exchange System (SIDES); and implementation of the standards identified for ICON and SIDES in major Information Technology (IT) modernization projects to upgrade UI Benefits and Tax systems by State Workforce Agencies (SWAs) using Federal funds.
02/04/2013RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Congenital Disorders That Affect Multiple Body SystemsWe are revising the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving impairments that affect multiple body systems in adults and children under titles II and XVI of the Social Security Act (Act). The revisions...2013-02169FR-Doc-2013-02169Revised-Medical-Criteria-For-Evaluating-Congenital-Disorders-That-Affect-Multiple-Body-SystemsWe are revising the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving impairments that affect multiple body systems in adults and children under titles II and XVI of the Social Security Act (Act). The revisions reflect our program experience and address adjudicator questions we have received since we last comprehensively revised this body system in 2005. We do not expect any decisional differences due to the revisions in this body system.
02/04/2013Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Respiratory System DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving respiratory disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect...2013-02165FR-Doc-2013-02165Revised-Medical-Criteria-For-Evaluating-Respiratory-System-DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving respiratory disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect our program experience, advances in medical knowledge, and comments we received from medical experts and the public at an outreach policy conference and in response to an Advance Notice of Proposed Rulemaking (ANPRM).
02/04/2013Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Genitourinary DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving genitourinary disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect...2013-02166FR-Doc-2013-02166Revised-Medical-Criteria-For-Evaluating-Genitourinary-DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving genitourinary disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect our program experience, advances in methods of evaluating genitourinary disorders, and comments we received in response to an advance notice of proposed rulemaking (ANPRM).
01/28/2013Proposed RuleSocial Security AdministrationSocial Security AdministrationChange in Terminology: \u201cMental Retardation\u201d to \u201cIntellectual Disability\u201dWe propose to replace the term ``mental retardation'' with ``intellectual disability'' in our Listing of Impairments (listings) that we use to evaluate claims involving mental disorders in adults and children under titles II and XVI of the Social...2013-01522FR-Doc-2013-01522Change-In-Terminology-Mental-Retardation-To-Intellectual-DisabilityWe propose to replace the term ``mental retardation'' with ``intellectual disability'' in our Listing of Impairments (listings) that we use to evaluate claims involving mental disorders in adults and children under titles II and XVI of the Social Security Act (Act) and in other appropriate sections of our rules. This change would reflect the widespread adoption of the term ``intellectual disability'' by Congress, government agencies, and various public and private organizations.
12/31/2012RuleDEPARTMENT OF LABORLabor DepartmentRemoval of Job Training Partnership Act Implementing RegulationsThe Employment and Training Administration (ETA) of the Department of Labor (Department) is removing the regulations at 20 CFR parts 626, 627, 628, 631, 632, 633, 634, 636, 637, and 638, which implemented the Job Training Partnership Act (JTPA or the...2012-31029FR-Doc-2012-31029Removal-Of-Job-Training-Partnership-Act-Implementing-RegulationsThe Employment and Training Administration (ETA) of the Department of Labor (Department) is removing the regulations at 20 CFR parts 626, 627, 628, 631, 632, 633, 634, 636, 637, and 638, which implemented the Job Training Partnership Act (JTPA or the Act). These regulations were designed to improve the employment status of disadvantaged youth, adults, dislocated workers, and other individuals facing barriers to employment. In 1998, Congress passed the Workforce Investment Act (WIA), which required the Secretary of Labor to transition any authority under the JTPA to the system created by WIA. Therefore, the Department is taking this action to remove regulations for a program that is no longer operative.
10/02/2012RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective DateThe Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule, in response to recently enacted legislation that prohibits any funds from being used to...2012-24264FR-Doc-2012-24264Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-Program-Delay-Of-Effective-DateThe Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program final rule, in response to recently enacted legislation that prohibits any funds from being used to implement the Wage Rule for the first 6 months of fiscal year (FY) 2013. The Wage Rule revised the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status.
07/25/2012RuleSocial Security AdministrationSocial Security AdministrationExpedited Vocational Assessment Under the Sequential Evaluation ProcessWe are revising our rules to give adjudicators the discretion to proceed to the fifth step of the sequential evaluation process for assessing disability when we have insufficient information about a claimant's past relevant work history to make the...2012-17934FR-Doc-2012-17934Expedited-Vocational-Assessment-Under-The-Sequential-Evaluation-ProcessWe are revising our rules to give adjudicators the discretion to proceed to the fifth step of the sequential evaluation process for assessing disability when we have insufficient information about a claimant's past relevant work history to make the findings required for step 4. If an adjudicator finds at step 5 that a claimant may be unable to adjust to other work existing in the national economy, the adjudicator will return to the fourth step to develop the claimant's work history and make a finding about whether the claimant can perform his or her past relevant work. We expect that this new expedited process will not disadvantage any claimant or change the ultimate conclusion about whether a claimant is disabled, but it will promote administrative efficiency and help us make more timely disability determinations and decisions.
07/25/2012RuleSocial Security AdministrationSocial Security AdministrationRegulations Regarding Income-Related Monthly Adjustment Amounts to Medicare Beneficiaries' Prescription Drug Coverage PremiumsThis final rule adopts, without change, the interim final rule with request for comments we published in the Federal Register on December 7, 2010, at 75 FR 75884. The interim final rule contained the rules that we apply to determine the income-related...2012-17935FR-Doc-2012-17935Regulations-Regarding-Income-Related-Monthly-Adjustment-Amounts-To-Medicare-BeneficiariesThis final rule adopts, without change, the interim final rule with request for comments we published in the Federal Register on December 7, 2010, at 75 FR 75884. The interim final rule contained the rules that we apply to determine the income-related monthly adjustment amount for Medicare prescription drug coverage (also known as Medicare Part D) premiums. This new subpart implemented changes made to the Social Security Act (Act) by the Affordable Care Act. The interim final rule allowed us to implement the provisions of the Affordable Care Act related to the income-related monthly adjustment amount for Medicare prescription drug coverage premiums when they went into effect on January 1, 2011.
06/21/2012RuleDEPARTMENT OF LABORLabor DepartmentTechnical AmendmentsThe Office of Workers' Compensation Programs is making technical amendments to reflect the dissolution of the Employment Standards Administration and the Secretary's delegation of authority to administer the Longshore and Harbor Workers' Compensation...2012-15029FR-Doc-2012-15029Technical-AmendmentsThe Office of Workers' Compensation Programs is making technical amendments to reflect the dissolution of the Employment Standards Administration and the Secretary's delegation of authority to administer the Longshore and Harbor Workers' Compensation Act (and its extensions) and the Black Lung Benefits Act to the Director, Office of Workers' Compensation Programs. The amendments also add and update Internet addresses, and update cross-references to other regulations.
06/13/2012RuleSocial Security AdministrationSocial Security AdministrationExtension of Expiration Dates for Several Body System ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Growth Impairment, Musculoskeletal System, Respiratory System, Cardiovascular System, Digestive System, Hematological...2012-14407FR-Doc-2012-14407Extension-Of-Expiration-Dates-For-Several-Body-System-ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Growth Impairment, Musculoskeletal System, Respiratory System, Cardiovascular System, Digestive System, Hematological Disorders, Skin Disorders, Neurological, and Mental Disorders. We are making no other revisions to these body system listings in this final rule. This extension will ensure that we continue to have the criteria we need to evaluate impairments in the affected body systems at step three of the sequential evaluation processes for initial claims and continuing disability reviews.
05/16/2012RuleDEPARTMENT OF LABORLabor DepartmentTemporary Non-agricultural Employment of H-2B Aliens in the United StatesThe Department of Labor (the Department) is providing notice of the judicial order enjoining the Department from implementing and enforcing the Temporary Non-agricultural Employment of H-2B Aliens in the United States, published February 21, 2012 (the...2012-11859FR-Doc-2012-11859Temporary-Non-Agricultural-Employment-Of-H-2b-Aliens-In-The-United-StatesThe Department of Labor (the Department) is providing notice of the judicial order enjoining the Department from implementing and enforcing the Temporary Non-agricultural Employment of H-2B Aliens in the United States, published February 21, 2012 (the 2012 H-2B Final Rule). The 2012 H-2B Final Rule revised the requirements by which employers seeking H-2B workers apply for a temporary labor certification for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. The effective date of the 2012 H-2B Final Rule was April 23, 2012. The operative date of the 2012 H-2B Final Rule was April 27, 2012. This document provides guidance to the regulated community of the injunction, by judicial order, of the 2012 H-2B Final Rule and the continuing effectiveness of the 2008 H-2B Rule until such time as further judicial or other action suspends or otherwise  ifies the order in the Bayou II litigation.
04/23/2012RuleDEPARTMENT OF LABORLabor DepartmentChanges to the Labor Certification Process for the Temporary Non-Agricultural Employment of H-2B Aliens in the United States; Revisions to Transition PeriodOn February 21, 2012, the Department of Labor (the Department or DOL) published a Final Rule amending H-2B regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. On...2012-9612FR-Doc-2012-9612Changes-To-The-Labor-Certification-Process-For-The-Temporary-Non-Agricultural-Employment-Of-H-2bOn February 21, 2012, the Department of Labor (the Department or DOL) published a Final Rule amending H-2B regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. On March 20, 2012, the Department published guidance informing employers of the dates by which their H-2B application must be postmarked in order to be governed by the Final Rule. This guidance revises these dates so that the Final Rule will become operative 60 days after it was reported to Congress.
04/13/2012Proposed RuleDEPARTMENT OF LABORLabor DepartmentAdministrative Claims Under the Federal Tort Claims Act and Related StatutesThis amendment revises the Department of Labor's (DOL's) regulations governing administrative claims submitted to DOL pursuant to the Federal Tort Claims Act (FTCA), the Military Personnel and Civilian Employees' Claims Act (MPCECA), and for payment of...2012-8735FR-Doc-2012-8735Administrative-Claims-Under-The-Federal-Tort-Claims-Act-And-Related-StatutesThis amendment revises the Department of Labor's (DOL's) regulations governing administrative claims submitted to DOL pursuant to the Federal Tort Claims Act (FTCA), the Military Personnel and Civilian Employees' Claims Act (MPCECA), and for payment of claims arising out of the operation of the Job Corps. The regulations governing such claims were last revised in 1995. MPCECA has since been amended to allow payment of up to $100,000 if the claim arose from an emergency or extraordinary circumstance. Further, the implementing authority for the Job Corps was changed to the Workforce Investment Act (WIA) since the last time the regulations were updated. These regulations are being amended to reflect those changes, improve the clarity and ease of use of the regulations, and to harmonize the regulations governing these claims between those regulations in titles 20 and 29 of the CFR, which includes deleting the references to these claims in 20 CFR part 638 as these revisions have rendered those sections unnecessary. Finally, the regulations in title 20 have also been updated to reflect the recently revised regulations regarding claims of Job Corps students under the Federal Employees' Compensation Act (FECA).
04/13/2012RuleDEPARTMENT OF LABORLabor DepartmentAdministrative Claims Under the Federal Tort Claims Act and Related StatutesThis amendment revises the Department of Labor's (DOL) regulations governing administrative claims submitted to DOL pursuant to the Federal Tort Claims Act (FTCA), the Military Personnel and Civilian Employees' Claims Act (MPCECA), and for payment of...2012-8741FR-Doc-2012-8741Administrative-Claims-Under-The-Federal-Tort-Claims-Act-And-Related-StatutesThis amendment revises the Department of Labor's (DOL) regulations governing administrative claims submitted to DOL pursuant to the Federal Tort Claims Act (FTCA), the Military Personnel and Civilian Employees' Claims Act (MPCECA), and for payment of claims arising out of the operation of the Job Corps. The regulations governing such claims were last revised in 1995. MPCECA has since been amended to allow payment of up to $100,000 if the claim arose from an emergency or extraordinary circumstance. Further, the implementing authority for the Job Corps was changed to the Workforce Investment Act (WIA) since the last time the regulations were updated. These regulations are being amended to reflect those changes, improve the clarity and ease of use of the regulations, and to harmonize the regulations governing these claims between those regulations in titles 20 and 29 of the CFR, which includes deleting the references to these claims in 20 CFR part 638 as these revisions have rendered those sections unnecessary. Finally, the regulations in title 20 have also been updated to reflect the recently revised regulations regarding claims of Job Corps students under the Federal Employees' Compensation Act (FECA).
03/30/2012Proposed RuleSocial Security AdministrationSocial Security AdministrationNonpayment of Benefits to Fugitive Felons and Probation or Parole ViolatorsWe are withdrawing the proposed rules we published in the Federal Register on December 5, 2005.2012-7684FR-Doc-2012-7684Nonpayment-Of-Benefits-To-Fugitive-Felons-And-Probation-Or-Parole-ViolatorsWe are withdrawing the proposed rules we published in the Federal Register on December 5, 2005.
03/30/2012Proposed RuleDEPARTMENT OF LABORLabor DepartmentRegulations Implementing the Byrd Amendments to the Black Lung Benefits Act: Determining Coal Miners' and Survivors' Entitlement to BenefitsThis document contains proposed regulations implementing amendments to the Black Lung Benefits Act (BLBA or Act) made by the Patient Protection and Affordable Care Act (ACA). The ACA amended the BLBA in two ways. First, it revived a rebuttable...2012-7335FR-Doc-2012-7335Regulations-Implementing-The-Byrd-Amendments-To-The-Black-Lung-Benefits-Act-Determining-Coal-MinersThis document contains proposed regulations implementing amendments to the Black Lung Benefits Act (BLBA or Act) made by the Patient Protection and Affordable Care Act (ACA). The ACA amended the BLBA in two ways. First, it revived a rebuttable presumption of total disability or death due to pneumoconiosis for certain claims. Second, it reinstituted derivative entitlement to benefits for certain eligible survivors of coal miners whose lifetime benefit claims were awarded because they were totally disabled due to pneumoconiosis. These survivors need not also prove that the miner died due to coal workers' pneumoconiosis. The proposed rules would clarify how the statutory presumption may be invoked and rebutted and the application and scope of the derivative-survivor-entitlement provision. The proposed rules also eliminate several unnecessary or obsolete provisions.
03/30/2012RuleSocial Security AdministrationSocial Security AdministrationRemoval of Regulations on Black Lung BenefitsThis final rule removes regulations on the Black Lung program from the Social Security Administration's (SSA) chapter of the Code of Federal Regulations (CFR). The Black Lung Consolidation of Administrative Responsibility Act transferred the...2012-7672FR-Doc-2012-7672Removal-Of-Regulations-On-Black-Lung-BenefitsThis final rule removes regulations on the Black Lung program from the Social Security Administration's (SSA) chapter of the Code of Federal Regulations (CFR). The Black Lung Consolidation of Administrative Responsibility Act transferred the responsibility for administering Part B of the Black Lung benefits program from SSA to the Department of Labor (DOL), and we are removing the regulations in recognition of the fact that we are no longer responsible for administering any aspect of the Part B Black Lung program. DOL concurs with this final rule removing the regulations.
03/20/2012RuleDEPARTMENT OF LABORLabor DepartmentChanges to the Labor Certification Process for the Temporary Non-Agricultural Employment of H-2B Aliens in the United States; Transition PeriodOn February 21, 2012, the Department of Labor (the Department or DOL) published a Final Rule amending H-2B regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. The...2012-6580FR-Doc-2012-6580Changes-To-The-Labor-Certification-Process-For-The-Temporary-Non-Agricultural-Employment-Of-H-2bOn February 21, 2012, the Department of Labor (the Department or DOL) published a Final Rule amending H-2B regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. The Department's H- 2B Final Rule also created new regulations to provide for enhanced enforcement under the H-2B program requirements when employers fail to meet their obligations under the H-2B program. The Department also made changes to the Application for Temporary Employment Certification, ETA Form 9142. The H-2B Final Rule becomes effective on April 23, 2012. All applications filed on or after that date will need to comply with all applicable program requirements. The purpose of this guidance is to provide transition procedures to ensure that employers filing H-2B applications on or after April 23, 2012, have sufficient information to file appropriately.
03/08/2012RuleSocial Security AdministrationSocial Security AdministrationRequiring Electronic Filing of Select Appeals by Certain Claimant RepresentativesWe are revising the Notification of implementation of requirement we published on January 31, 2012 (77 FR 4653). We are clarifying the requirement that appointed representatives file certain appeals using our electronic systems in matters for which the...2012-5673FR-Doc-2012-5673Requiring-Electronic-Filing-Of-Select-Appeals-By-Certain-Claimant-RepresentativesWe are revising the Notification of implementation of requirement we published on January 31, 2012 (77 FR 4653). We are clarifying the requirement that appointed representatives file certain appeals using our electronic systems in matters for which the representatives request direct fee payment. Specifically, we are clarifying that the electronic filing requirement includes both the submission of the forms we require to file the appeal request and the Disability Report--Appeal. This is the first service required under the regulation we published on September 12, 2011 (76 FR 56107), Requiring Use of Electronic Services.
03/02/2012RuleDEPARTMENT OF LABORLabor DepartmentLabor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States; Announcement of Non-Material Change to the Farm Labor Survey Used for Determining the Adverse Effect Wage RateUnder the Department of Labor's (we or the Department) H-2A temporary labor certification program, Adverse Effect Wage Rates (AEWRs) are the minimum wage rates the Department has determined must be offered and paid by employers to H-2A workers and...2012-5201FR-Doc-2012-5201Labor-Certification-Process-For-The-Temporary-Employment-Of-Aliens-In-Agriculture-In-The-UnitedUnder the Department of Labor's (we or the Department) H-2A temporary labor certification program, Adverse Effect Wage Rates (AEWRs) are the minimum wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular occupation and area such that the wages of similarly employed United States (U.S.) workers will not be adversely affected. 20 CFR 655.100(b). AEWRs are derived from the Farm Labor Survey (FLS) issued by the U.S. Department of Agriculture's (USDA) National Agricultural Statistics Service (NASS). In the interest of government transparency, we are publishing this document to announce a non-material change in the frequency of establishment surveys under the FLS (and its accompanying publication) beginning in 2012.
02/23/2012RuleSocial Security AdministrationSocial Security AdministrationProtecting the Public and Our Employees in Our Hearing ProcessWe are clarifying our regulations to ensure the safety of the public and our employees in our hearing process. Due to increasing reports of threats to our hearing office employees, we are taking steps to explicitly increase the level of protection we...2012-4178FR-Doc-2012-4178Protecting-The-Public-And-Our-Employees-In-Our-Hearing-ProcessWe are clarifying our regulations to ensure the safety of the public and our employees in our hearing process. Due to increasing reports of threats to our hearing office employees, we are taking steps to explicitly increase the level of protection we provide to our staff and to the public during the hearing process. We expect these changes to result in a safer work environment for our employees, while at the same time ensuring that our claimants continue to receive a full and fair hearing on their claims for benefits.
02/23/2012RuleSocial Security AdministrationSocial Security AdministrationHow We Collect and Consider Evidence of DisabilityWe are modifying the requirement to recontact your medical source(s) first when we need to resolve an inconsistency or insufficiency in the evidence he or she provided. Depending on the nature of the inconsistency or insufficiency, there may be other,...2012-4177FR-Doc-2012-4177How-We-Collect-And-Consider-Evidence-Of-DisabilityWe are modifying the requirement to recontact your medical source(s) first when we need to resolve an inconsistency or insufficiency in the evidence he or she provided. Depending on the nature of the inconsistency or insufficiency, there may be other, more appropriate sources from whom we could obtain the information we need. By giving adjudicators more flexibility in determining how best to obtain this information, we will be able to make a determination or decision on disability claims more quickly and efficiently in certain situations. Eventually, our need to recontact your medical source(s) in many situations will be significantly reduced as a result of our efforts to improve the evidence collection process through the increased use of Health Information Technology (HIT).
02/21/2012RuleDEPARTMENT OF LABORLabor DepartmentTemporary Non-Agricultural Employment of H-2B Aliens in the United StatesThe Department of Labor (the Department) is amending its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to...2012-3058FR-Doc-2012-3058Temporary-Non-Agricultural-Employment-Of-H-2b-Aliens-In-The-United-StatesThe Department of Labor (the Department) is amending its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Final Rule revises the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. We have also created new regulations to provide for increased worker protections for both United States (U.S.) and foreign workers.
02/15/2012RuleDEPARTMENT OF LABORLabor DepartmentYouthBuild ProgramThe Employment and Training Administration (ETA) of the U.S. Department of Labor (Department) issues this final rule to implement the YouthBuild Transfer Act of 2006 (Transfer Act), which establishes the YouthBuild program in the Department under...2012-2373FR-Doc-2012-2373Youthbuild-ProgramThe Employment and Training Administration (ETA) of the U.S. Department of Labor (Department) issues this final rule to implement the YouthBuild Transfer Act of 2006 (Transfer Act), which establishes the YouthBuild program in the Department under subtitle D of Title I of the Workforce Investment Act of 1998 (WIA) as amended. The final rule clarifies the requirements of the Transfer Act for YouthBuild program providers and participants. The final rule sets the standards under which YouthBuild program providers can carry out the goals of the program, which are to assist at-risk youth in obtaining a High School diploma or General Educational Development (GED) diploma and acquiring occupational skills training that leads to employment through the construction/rehabilitation of housing for low-income or homeless individuals and families in the community.
02/14/2012Proposed RuleRAILROAD RETIREMENT BOARDRailroad Retirement BoardRestructuring of the Office of Programs; Elimination of Regional OfficesThe Railroad Retirement Board (Board) proposes to amend its regulations to reflect the restructuring of the Office of Programs and the elimination of the Regional Offices.2012-2808FR-Doc-2012-2808Restructuring-Of-The-Office-Of-Programs-Elimination-Of-Regional-OfficesThe Railroad Retirement Board (Board) proposes to amend its regulations to reflect the restructuring of the Office of Programs and the elimination of the Regional Offices.
02/13/2012Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Visual DisordersWe propose to revise and reorganize the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving visual disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions...2012-3226FR-Doc-2012-3226Revised-Medical-Criteria-For-Evaluating-Visual-DisordersWe propose to revise and reorganize the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving visual disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect our program experience and address adjudicator questions we have received since we last revised these criteria in 2006. These proposed revisions reflect guidance we have issued in response to adjudicator questions and will ensure more timely adjudication of claims in which we evaluate visual impairments that involve a loss of visual acuity or loss of visual fields.
02/06/2012Proposed RuleSocial Security AdministrationSocial Security AdministrationNew Medical Criteria for Evaluating Language and Speech DisordersWe are considering whether to propose new rules for evaluating language and speech disorders. The new rules would apply to disability claims involving language and speech disorders in adults and children under titles II and XVI of the Social Security...2012-2498FR-Doc-2012-2498New-Medical-Criteria-For-Evaluating-Language-And-Speech-DisordersWe are considering whether to propose new rules for evaluating language and speech disorders. The new rules would apply to disability claims involving language and speech disorders in adults and children under titles II and XVI of the Social Security Act (Act). Specifically, we are considering whether to add a new body system in the Listing of Impairments in appendix 1 to subpart P of part 404 of our regulations (listings) for these disorders. We are requesting your comments about whether we should establish these new rules, as well as suggestions about what the proposed rules should include. If we decide to propose specific listings, we will publish a Notice of Proposed Rulemaking (NPRM) in the Federal Register.
01/31/2012RuleDEPARTMENT OF LABORLabor DepartmentSenior Community Service Employment Program; Final Rule, Additional Indicator on Volunteer WorkThe Employment and Training Administration (ETA) of the Department of Labor (Department) issues this final rule to implement an additional indicator for volunteer work in the Senior Community Service Employment Program (SCSEP). Specifically, this rule...2012-1324FR-Doc-2012-1324Senior-Community-Service-Employment-Program-Final-Rule-Additional-Indicator-On-Volunteer-WorkThe Employment and Training Administration (ETA) of the Department of Labor (Department) issues this final rule to implement an additional indicator for volunteer work in the Senior Community Service Employment Program (SCSEP). Specifically, this rule amends our regulations regarding Performance Accountability for title V of the Older Americans Act (OAA) and corresponding definitions. These regulations provide administrative and programmatic guidance and requirements for the implementation of the SCSEP.
01/31/2012RuleSocial Security AdministrationSocial Security AdministrationRequiring Electronic Filing of Select Appeals by Certain Claimant RepresentativesWe are announcing the requirement that appointed representatives file certain appeals using our electronic systems in matters for which the representatives request direct fee payment. This is the first service required under the regulation we published...2012-1597FR-Doc-2012-1597Requiring-Electronic-Filing-Of-Select-Appeals-By-Certain-Claimant-RepresentativesWe are announcing the requirement that appointed representatives file certain appeals using our electronic systems in matters for which the representatives request direct fee payment. This is the first service required under the regulation we published on September 12, 2011 (76 FR 56107), Requiring Use of Electronic Services.
01/18/2012RuleSocial Security AdministrationSocial Security AdministrationAmendments to Regulations Regarding Eligibility for a Medicare Prescription Drug SubsidyThis final rule adopts, without change, the interim final rule with request for comments we published in the Federal Register on December 29, 2010. The interim final rule incorporated changes to the Medicare prescription drug coverage low-income...2012-827FR-Doc-2012-827Amendments-To-Regulations-Regarding-Eligibility-For-A-Medicare-Prescription-Drug-SubsidyThis final rule adopts, without change, the interim final rule with request for comments we published in the Federal Register on December 29, 2010. The interim final rule incorporated changes to the Medicare prescription drug coverage low-income subsidy (Extra Help) program made by the Patient Protection and Affordable Care Act (Affordable Care Act) enacted in March 2010. Under our interpretation of section 3304 of the Affordable Care Act, if the death of a beneficiary's spouse would decrease or eliminate the subsidy provided by the Extra Help program, we will extend the effective period of eligibility for the most recent determination or redetermination until one year after the month following the month we are notified of the death of the spouse. The effective date of this provision was January 1, 2011. We also revised our regulations to incorporate changes made by the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) which affect the way we account for income and resources when determining eligibility for the Extra Help program. The statute provides that we no longer count the value of any life insurance policy as a resource for Extra Help effective on and after January 1, 2010. As of that date, we also no longer count as income the help a beneficiary receives when someone else provides food and shelter, or pays household bills for food, mortgage, rent, electricity, water, property taxes, or heating fuel or gas. These revisions updated our rules to reflect these statutory changes.
01/12/2012RuleSocial Security AdministrationSocial Security AdministrationMailing of Tickets Under the Ticket to Work ProgramThe Social Security Act (Act) states that we may issue a Ticket to Work (Ticket) to disabled beneficiaries for participation in the Ticket to Work program (Ticket program). Under our current rules, however, we mail initial Ticket notices to all...2012-405FR-Doc-2012-405Mailing-Of-Tickets-Under-The-Ticket-To-Work-ProgramThe Social Security Act (Act) states that we may issue a Ticket to Work (Ticket) to disabled beneficiaries for participation in the Ticket to Work program (Ticket program). Under our current rules, however, we mail initial Ticket notices to all Ticket-eligible beneficiaries, regardless of whether they are likely to participate in the program, immediately after they begin receiving benefits. We are modifying our rules so that we may send a Ticket to eligible disabled beneficiaries. We will inform all newly eligible and current beneficiaries of the availability of the program via routine correspondence. In addition, we will conduct Ticket outreach to those disabled beneficiaries who are most likely to return to work. We will send a Ticket to any eligible disabled beneficiary upon request, regardless of whether we have identified the beneficiary through our outreach efforts. We expect this change will make the Ticket program more effective. This change does not affect Ticket eligibility requirements.
12/30/2011RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective DateThe Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program (the Wage Rule) to October 1, 2012 in response to recently enacted legislation that prohibits any...2011-33521FR-Doc-2011-33521Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-Program-Delay-Of-Effective-DateThe Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program (the Wage Rule) to October 1, 2012 in response to recently enacted legislation that prohibits any funds from being used to implement the Wage Rule for the remainder of fiscal year (FY) 2012. The Wage Rule revised the methodology by which we calculate the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status.
12/30/2011RuleDEPARTMENT OF LABORLabor DepartmentRegulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational VesselsThis final rule contains regulations implementing amendments to the Longshore and Harbor Workers' Compensation Act (LHWCA) by the American Recovery and Reinvestment Act of 2009 (ARRA), relating to the exclusion of certain recreational-vessel workers...2011-32880FR-Doc-2011-32880Regulations-Implementing-The-Longshore-And-Harbor-Workers-Compensation-Act-Recreational-VesselsThis final rule contains regulations implementing amendments to the Longshore and Harbor Workers' Compensation Act (LHWCA) by the American Recovery and Reinvestment Act of 2009 (ARRA), relating to the exclusion of certain recreational-vessel workers from the LHWCA's definition of ``employee.'' These regulations clarify both the definition of ``recreational vessel'' and those circumstances under which workers are excluded from LHWCA coverage when working on those vessels. The final rule also withdraws a proposed rule that would have codified current case law and the Department's longstanding view that employees are covered under the LHWCA so long as some of their work constitutes ``maritime employment'' within the meaning of the statute.
12/30/2011RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date; Impact on Prevailing Wage DeterminationsThe Department of Labor (we or the Department), as a result of Congressional appropriations language, recently delayed the effective date of the Wage Methodology for Temporary Non-agricultural Employment H-2B Program Final Rule (the Wage Rule) to...2011-33523FR-Doc-2011-33523Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-Program-Delay-Of-Effective-DateThe Department of Labor (we or the Department), as a result of Congressional appropriations language, recently delayed the effective date of the Wage Methodology for Temporary Non-agricultural Employment H-2B Program Final Rule (the Wage Rule) to January 1, 2012. This Notice provides additional guidance to those employers who have received from the Department either a supplemental or dual prevailing wage determinations based on a previous effective date of the new prevailing wage methodology. This guidance provides additional clarification regarding the wage payment requirements for employers participating in the H-2B Temporary Non-agricultural program.
12/28/2011RuleJOINT BOARD FOR THE ENROLLMENT OF ACTUARIESJoint Board for Enrollment of ActuariesRegulations Governing the Performance of Actuarial Services Under the Employee Retirement Income Security Act of 1974; CorrectionThis document describes correcting amendments to final regulations (TD 9517) relating to the enrollment of actuaries. These regulations were published in the Federal Register on Thursday, March 31, 2011 (76 FR 17762).2011-33200FR-Doc-2011-33200Regulations-Governing-The-Performance-Of-Actuarial-Services-Under-The-Employee-Retirement-IncomeThis document describes correcting amendments to final regulations (TD 9517) relating to the enrollment of actuaries. These regulations were published in the Federal Register on Thursday, March 31, 2011 (76 FR 17762).
12/28/2011RuleJOINT BOARD FOR THE ENROLLMENT OF ACTUARIESJoint Board for Enrollment of ActuariesRegulations Governing the Performance of Actuarial Services Under the Employee Retirement Income Security Act of 1974; CorrectionThis document contains corrections to final regulations (TD 9517) that were published in the Federal Register on Thursday, March 31, 2011 (76 FR 17762) relating to the enrollment of actuaries.2011-33197FR-Doc-2011-33197Regulations-Governing-The-Performance-Of-Actuarial-Services-Under-The-Employee-Retirement-IncomeThis document contains corrections to final regulations (TD 9517) that were published in the Federal Register on Thursday, March 31, 2011 (76 FR 17762) relating to the enrollment of actuaries.
12/23/2011RuleSocial Security AdministrationSocial Security AdministrationRevisions to Rules of Conduct and Standards of Responsibility for RepresentativesWe are revising our rules of conduct and standards of responsibility for representatives. These revisions further clarify our expectations regarding representatives' obligations to competently represent their clients and constitute official notice...2011-32923FR-Doc-2011-32923Revisions-To-Rules-Of-Conduct-And-Standards-Of-Responsibility-For-RepresentativesWe are revising our rules of conduct and standards of responsibility for representatives. These revisions further clarify our expectations regarding representatives' obligations to competently represent their clients and constitute official notice concerning our requirements and procedures. We are also updating other rules about the representation of parties. These changes are necessary because our current regulations are insufficient to address some representative conduct that is inappropriate, but has technically fallen outside the scope of our regulations. These changes will allow us to better protect the integrity of our administrative process, ensure that claimants receive competent and effective representation, and further clarify representatives' responsibilities in their dealings with us and with claimants.
11/29/2011RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date; Impact on Prevailing Wage DeterminationsThe Department of Labor (Department) recently delayed the effective date of the Wage Methodology for Temporary Non-agricultural Employment H-2B Program Final Rule, 76 FR 3452, Jan. 19, 2011 (the Wage Rule) to January 1, 2012. This notice provides...2011-30745FR-Doc-2011-30745Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-Program-Delay-Of-Effective-DateThe Department of Labor (Department) recently delayed the effective date of the Wage Methodology for Temporary Non-agricultural Employment H-2B Program Final Rule, 76 FR 3452, Jan. 19, 2011 (the Wage Rule) to January 1, 2012. This notice provides guidance to those employers who have received from the Department either a supplemental or dual prevailing wage determinations based on a previous effective date of the new prevailing wage methodology. This guidance is intended to clarify the wage payment requirements for employers participating in the H-2B Temporary Non-agricultural program.
11/29/2011RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective DateThe Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program; Final Rule, 76 FR 3452, Jan. 19, 2011, (the Wage Rule) to January 1, 2012 in response to recently...2011-30781FR-Doc-2011-30781Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-Program-Delay-Of-Effective-DateThe Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H-2B Program; Final Rule, 76 FR 3452, Jan. 19, 2011, (the Wage Rule) to January 1, 2012 in response to recently enacted legislation that prohibits any funds from being used to implement administer, or enforce the Wage Rule before January 1, 2012. The Wage Rule revised the methodology by which we calculate the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status.
10/25/2011Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Congenital Disorders That Affect Multiple Body SystemsWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving impairments that affect multiple body systems in adults and children under titles II and XVI of the Social Security Act (Act). The...2011-27357FR-Doc-2011-27357Revised-Medical-Criteria-For-Evaluating-Congenital-Disorders-That-Affect-Multiple-Body-SystemsWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate cases involving impairments that affect multiple body systems in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect our program experience and address adjudicator questions we have received since we last comprehensively revised this body system in 2005. We do not expect any decisional differences due the revisions in this body system.
10/21/2011RuleSocial Security AdministrationSocial Security AdministrationAmendments to Procedures for Certain Determinations and DecisionsWe are revising the procedures for how claimants who receive fully favorable revised determinations based on prehearing case reviews or fully favorable attorney advisor decisions may seek further review. We are also revising our procedure to provide...2011-27236FR-Doc-2011-27236Amendments-To-Procedures-For-Certain-Determinations-And-DecisionsWe are revising the procedures for how claimants who receive fully favorable revised determinations based on prehearing case reviews or fully favorable attorney advisor decisions may seek further review. We are also revising our procedure to provide that we will notify claimants who receive partially favorable determinations based on prehearing case reviews that an administrative law judge (ALJ) will still hold a hearing unless all parties to the hearing tell us in writing that we should dismiss the hearing request. These changes will simplify our administrative review process and free up scarce administrative resources that we can better use to reduce the hearings- level case backlog.
10/20/2011RuleSocial Security AdministrationSocial Security AdministrationRecovery of Delinquent Debts-Treasury Offset Program EnhancementsWe are amending our Tax Refund Offset (TRO) and Administrative Offset regulations. We are conforming our regulations to those of the Department of the Treasury (Treasury) for the following reasons: Treasury removed the 10-year limitation to collect...2011-27221FR-Doc-2011-27221Recovery-Of-Delinquent-Debts-Treasury-Offset-Program-EnhancementsWe are amending our Tax Refund Offset (TRO) and Administrative Offset regulations. We are conforming our regulations to those of the Department of the Treasury (Treasury) for the following reasons: Treasury removed the 10-year limitation to collect delinquent debts owed the United States by reducing eligible Federal payments, and more States are participating in reciprocal agreements with Treasury to offset State payments, including tax refunds to reduce or extinguish a federally owed debt. These changes will allow us to collect additional Federal debt.
09/30/2011RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Postponement of Effective Date; Impact on Prevailing Wage DeterminationsThe Department of Labor (Department) recently postponed the effective date of the Wage Methodology for the Temporary Non- agricultural Employment H-2B Program Final Rule, January 19, 2011 (the Wage Rule), to November 30, 2011, due to pending legal...2011-25302FR-Doc-2011-25302Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-Program-Postponement-OfThe Department of Labor (Department) recently postponed the effective date of the Wage Methodology for the Temporary Non- agricultural Employment H-2B Program Final Rule, January 19, 2011 (the Wage Rule), to November 30, 2011, due to pending legal challenges, pursuant to the Administrative Procedure Act. This document provides guidance to the employers who have received supplemental wage determinations based on the new prevailing wage methodology set forth in the Wage Rule, as to the prevailing wages that would apply before and after the new effective date of November 30, 2011.
09/29/2011RuleRAILROAD RETIREMENT BOARDRailroad Retirement BoardApplication for Annuity or Lump SumThe Railroad Retirement Board (Board) amends its regulations to allow alternative signature methods in addition to the traditional pen-and-ink or ``wet'' signature in order to implement an electronic application process which will eventually eliminate...2011-25108FR-Doc-2011-25108Application-For-Annuity-Or-Lump-SumThe Railroad Retirement Board (Board) amends its regulations to allow alternative signature methods in addition to the traditional pen-and-ink or ``wet'' signature in order to implement an electronic application process which will eventually eliminate the need to retain paper applications and make the application process more convenient for the individuals filing applications.
09/28/2011RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Postponement of Effective DateThe Department of Labor (Department) is postponing the effective date of the Wage Methodology for the Temporary Non- Agricultural Employment H-2B Program; Final Rule, 76 FR 3452, Jan. 19, 2011, (the Wage Rule). The Wage Rule revised the methodology by...2011-24969FR-Doc-2011-24969Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-Program-Postponement-OfThe Department of Labor (Department) is postponing the effective date of the Wage Methodology for the Temporary Non- Agricultural Employment H-2B Program; Final Rule, 76 FR 3452, Jan. 19, 2011, (the Wage Rule). The Wage Rule revised the methodology by which we calculate the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status. The effective date of the Wage Rule was set at January 1, 2012. However, the Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Amendment of Effective Date; Final Rule, 76 FR 45667, August 1, 2011 revised the effective date to September 30, 2011. Due to pending legal challenges, we are postponing the effective date of the Wage Rule to November 30, 2011, pursuant to the Administrative Procedure Act, 5 U.S.C. 705.
09/13/2011Proposed RuleSocial Security AdministrationSocial Security AdministrationExpedited Vocational Assessment Under the Sequential Evaluation ProcessWe propose to give adjudicators the discretion to proceed to the fifth step of the sequential evaluation process for assessing disability when we have insufficient information about a claimant's past relevant work history to make the findings required...2011-23396FR-Doc-2011-23396Expedited-Vocational-Assessment-Under-The-Sequential-Evaluation-ProcessWe propose to give adjudicators the discretion to proceed to the fifth step of the sequential evaluation process for assessing disability when we have insufficient information about a claimant's past relevant work history to make the findings required for step 4. If an adjudicator finds at step 5 that a claimant may be unable to adjust to other work existing in the national economy, the adjudicator would return to the fourth step to develop the claimant's work history and make a finding about whether the claimant can perform his or her past relevant work. This proposed new process would not disadvantage any claimant or change the ultimate conclusion about whether a claimant is disabled, but it would promote administrative efficiency and help us make more timely disability determinations and decisions.
09/12/2011RuleSocial Security AdministrationSocial Security AdministrationRequiring Use of Electronic Services by Certain Claimant RepresentativesWe are revising our rules to require that claimant representatives use our electronic services as they become available on matters for which the representatives request direct fee payment. In the future, we will publish a notice in the Federal Register...2011-23232FR-Doc-2011-23232Requiring-Use-Of-Electronic-Services-By-Certain-Claimant-RepresentativesWe are revising our rules to require that claimant representatives use our electronic services as they become available on matters for which the representatives request direct fee payment. In the future, we will publish a notice in the Federal Register when we require representatives who request direct fee payment on a matter to use our available electronic services. We are also adding the requirement to use our available electronic services on matters for which the representative requests direct fee payment as an affirmative duty in our representative conduct rules. These revisions reflect the increased use of technology in representatives' business practices. We expect that the use of electronic services will improve our efficiency by allowing us to manage our workloads more effectively. These rules do not require claimants to use our available electronic services directly; they only require their representatives to use the services on matters for which the representatives request direct fee payment.
09/02/2011RuleSocial Security AdministrationSocial Security AdministrationProtecting the Public and Our Personnel to Ensure Operational EffectivenessWe are publishing the process we follow when we ban an individual from entering our field offices. Due to escalating reports of threats to our personnel and our customers in our offices, we are taking steps to increase the level of protection we...2011-22492FR-Doc-2011-22492Protecting-The-Public-And-Our-Personnel-To-Ensure-Operational-EffectivenessWe are publishing the process we follow when we ban an individual from entering our field offices. Due to escalating reports of threats to our personnel and our customers in our offices, we are taking steps to increase the level of protection we provide. We expect that this rule will result in a safer environment for our personnel and members of the public who use our facilities, while ensuring that we continue to serve the American people with as little disruption to our operations as possible.
08/01/2011RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Amendment of Effective DateThe Department of Labor (we or us) is amending the effective date of Wage Methodology for the Temporary Non-agricultural Employment H-2B Program; Final Rule, 76 FR 3452, Jan. 19, 2011 (the Wage Rule). The Wage Rule revised the methodology by which we...2011-19319FR-Doc-2011-19319Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-Program-Amendment-Of-EffectiveThe Department of Labor (we or us) is amending the effective date of Wage Methodology for the Temporary Non-agricultural Employment H-2B Program; Final Rule, 76 FR 3452, Jan. 19, 2011 (the Wage Rule). The Wage Rule revised the methodology by which we calculate the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status. The effective date of the Wage Rule was set at January 1, 2012. This Final Rule revises the effective date of the Wage Rule to 60 days after the publication date of this Final Rule.
07/28/2011RuleSocial Security AdministrationSocial Security AdministrationRevisions to Direct Fee Payment RulesWe are revising our rules to implement amendments to the Social Security Act (Act) made by the Social Security Disability Applicants' Access to Professional Representation Act of 2010 (PRA). We are making permanent the direct fee payment rules for...2011-19026FR-Doc-2011-19026Revisions-To-Direct-Fee-Payment-RulesWe are revising our rules to implement amendments to the Social Security Act (Act) made by the Social Security Disability Applicants' Access to Professional Representation Act of 2010 (PRA). We are making permanent the direct fee payment rules for eligible non- attorney representatives under titles II and XVI of the Act and for attorney representatives under title XVI of the Act. We also are revising some of our eligibility policies for non-attorney representatives under titles II and XVI of the Act.
07/15/2011RuleSocial Security AdministrationSocial Security AdministrationElectronic Substitutions for Form SSA-538We are revising our regulations to reflect our use of electronic case processing at the initial and reconsideration levels of our administrative review process. Our prior rule required adjudicators at these levels to complete a Form SSA-538, Childhood...2011-17859FR-Doc-2011-17859Electronic-Substitutions-For-Form-Ssa-538We are revising our regulations to reflect our use of electronic case processing at the initial and reconsideration levels of our administrative review process. Our prior rule required adjudicators at these levels to complete a Form SSA-538, Childhood Disability Evaluation Form, in all cases of children alleging disability or continuing disability under title XVI of the Social Security Act (Act). However, we developed and now use a Web-based tool that assists our adjudicators in making disability determinations in several States, and we plan to expand its use to other States. We are revising our regulation to reflect the new tool. We are not changing the requirement that State agency medical and psychological consultants must affirm the accuracy and completeness of their findings of fact and discussion of the supporting evidence, only the manner in which they may provide the required findings and affirmation. We expect that this revision will improve our efficiency by increasing our use of electronic resources.
07/01/2011RuleSocial Security AdministrationSocial Security AdministrationAmendments to Regulations Regarding Major Life-Changing Events Affecting Income-Related Monthly Adjustment Amounts to Medicare Part B PremiumsThis final rule adopts, without change, the interim final rule with request for comments we published in the Federal Register on July 15, 2010 at 75 FR 41084. The interim final rule concerned what we consider major life-changing events for the Medicare...2011-16526FR-Doc-2011-16526Amendments-To-Regulations-Regarding-Major-Life-Changing-Events-Affecting-Income-Related-MonthlyThis final rule adopts, without change, the interim final rule with request for comments we published in the Federal Register on July 15, 2010 at 75 FR 41084. The interim final rule concerned what we consider major life-changing events for the Medicare Part B income- related monthly adjustment amount (IRMAA) and what evidence we require to support a claim of a major life-changing event. This final rule allows us to respond appropriately to circumstances brought about by the current economic climate and other unforeseen events, as described below.
06/28/2011Proposed RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Amendment of Effective DateThe Department of Labor (the Department or DOL) proposes to amend the effective date of Wage Methodology for the Temporary Non- agricultural Employment H-2B Program; Final Rule, 76 FR 3452, January 19, 2011, (the Wage Rule). The Wage Rule revised the...2011-16310FR-Doc-2011-16310Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-Program-Amendment-Of-EffectiveThe Department of Labor (the Department or DOL) proposes to amend the effective date of Wage Methodology for the Temporary Non- agricultural Employment H-2B Program; Final Rule, 76 FR 3452, January 19, 2011, (the Wage Rule). The Wage Rule revised the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H-2B status. The effective date of the Wage Rule was set at January 1, 2012.
06/28/2011RuleDEPARTMENT OF LABORLabor DepartmentPerformance of Functions; Claims for Compensation Under the Federal Employees' Compensation Act; Compensation for Disability and Death of Noncitizen Federal Employees Outside the United StatesOn August 13, 2010, the Department of Labor (DOL) proposed revisions to the regulations governing the administration of the Federal Employees' Compensation Act (FECA). The FECA provides benefits to all civilian Federal employees and certain other...2011-14915FR-Doc-2011-14915Performance-Of-Functions-Claims-For-Compensation-Under-The-Federal-Employees-Compensation-ActOn August 13, 2010, the Department of Labor (DOL) proposed revisions to the regulations governing the administration of the Federal Employees' Compensation Act (FECA). The FECA provides benefits to all civilian Federal employees and certain other groups of employees and individuals who are injured or killed while performing their jobs. At that time, DOL also proposed revisions to the regulations establishing the authority of the Office of Workers' Compensation Programs (OWCP) which administers the FECA. The proposed changes were summarized in that publication. The existing rules have been amended to acknowledge a change in the organization of the OWCP and amendments to the FECA which have occurred since the last time the regulations were amended in 1999. These changes also update the regulations by taking into account changes in technology and other changes to improve administrative efficiency. As many FECA claimants are not represented, the regulations are revised to insert FECA statutory references as a frame of reference for clarity and ease of use. The regulations include adding the skin as an organ pursuant to 5 U.S.C. 8107(c)(22). The regulations also create a new special schedule covering injuries to non-citizen non-resident Federal employees outside the United States. Finally, the regulations covering the processing of medical bills have been updated to provide for greater use of technology in that process to reduce costs and to clarify requirements for such submissions.
05/31/2011Proposed RuleRAILROAD RETIREMENT BOARDRailroad Retirement BoardApplication for Annuity or Lump SumThe Railroad Retirement Board (Board) proposes to amend its regulations to allow alternative signature methods in addition to the traditional pen-and-ink or '' wet'' signature in order to implement an electronic application process which will...2011-13056FR-Doc-2011-13056Application-For-Annuity-Or-Lump-SumThe Railroad Retirement Board (Board) proposes to amend its regulations to allow alternative signature methods in addition to the traditional pen-and-ink or '' wet'' signature in order to implement an electronic application process which will eventually eliminate the need to retain paper applications and make the application process more convenient for the individuals filing applications.
05/03/2011RuleSocial Security AdministrationSocial Security AdministrationEliminating the Decision Review BoardWe are eliminating the Decision Review Board (DRB) portions of part 405 of our rules, which we currently use as the final step in our administrative review process for adjudicating initial disability claims in our Boston region. As of the effective...2011-10486FR-Doc-2011-10486Eliminating-The-Decision-Review-BoardWe are eliminating the Decision Review Board (DRB) portions of part 405 of our rules, which we currently use as the final step in our administrative review process for adjudicating initial disability claims in our Boston region. As of the effective date of this regulation, we will replace the DRB step with review by the Appeals Council. The Appeals Council will follow most of the rules in parts 404 and 416 that we use in the rest of the country to adjudicate disability claims at the Appeals Council level, with some differences needed to accommodate the rules that govern administrative law judge (ALJ) hearings in the Boston region. We will also authorize attorney advisors in the Boston region to conduct certain prehearing proceedings and make fully favorable decisions as they do in the rest of the country. We are making these changes to improve service to claimants and to increase consistency in our program rules.
04/12/2011Proposed RuleSocial Security AdministrationSocial Security AdministrationHow We Collect and Consider Evidence of DisabilityWe propose to modify the requirement to recontact your medical source(s) first when we need to resolve an inconsistency or insufficiency in the evidence he or she provided. Depending on the nature of the inconsistency or insufficiency, there may be...2011-8388FR-Doc-2011-8388How-We-Collect-And-Consider-Evidence-Of-DisabilityWe propose to modify the requirement to recontact your medical source(s) first when we need to resolve an inconsistency or insufficiency in the evidence he or she provided. Depending on the nature of the inconsistency or insufficiency, there may be other, more appropriate sources from whom we could obtain the information we need. By giving adjudicators more flexibility in determining how best to obtain this information, we will be able to make a determination or decision on disability claims more quickly and efficiently in certain situations. Eventually, our need to recontact your medical source(s) in many situations will be significantly reduced as a result of our efforts to improve the evidence collection process through the increased utilization of Health Information Technology (HIT).
04/08/2011RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Endocrine DisordersWe are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims under titles II and XVI of the Social Security Act (Act) involving endocrine disorders in adults and children. The revisions reflect our...2011-8389FR-Doc-2011-8389Revised-Medical-Criteria-For-Evaluating-Endocrine-DisordersWe are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims under titles II and XVI of the Social Security Act (Act) involving endocrine disorders in adults and children. The revisions reflect our adjudicative experience, advances in medical knowledge, information from medical experts, and comments we received from the public in response to an advance notice of proposed rulemaking (ANPRM), a notice of proposed rulemaking (NPRM), and at an outreach policy conference.
04/04/2011RuleSocial Security AdministrationSocial Security AdministrationExtension of Sunset Date for Attorney Advisor ProgramWe are extending for 2 years our rule authorizing attorney advisors to conduct certain prehearing procedures and to issue fully favorable decisions. The current rule will expire on August 10, 2011. In this final rule, we are extending the sunset date...2011-7898FR-Doc-2011-7898Extension-Of-Sunset-Date-For-Attorney-Advisor-ProgramWe are extending for 2 years our rule authorizing attorney advisors to conduct certain prehearing procedures and to issue fully favorable decisions. The current rule will expire on August 10, 2011. In this final rule, we are extending the sunset date to August 9, 2013. We are making no other substantive changes.
03/31/2011RuleJOINT BOARD FOR THE ENROLLMENT OF ACTUARIESJoint Board for Enrollment of ActuariesRegulations Governing the Performance of Actuarial Services Under the Employee Retirement Income Security Act of 1974This document contains final regulations under section 3042 of the Employee Retirement Income Security Act of 1974 (ERISA) relating to the enrollment of actuaries. These regulations update the eligibility requirements for performing actuarial services...2011-7573FR-Doc-2011-7573Regulations-Governing-The-Performance-Of-Actuarial-Services-Under-The-Employee-Retirement-IncomeThis document contains final regulations under section 3042 of the Employee Retirement Income Security Act of 1974 (ERISA) relating to the enrollment of actuaries. These regulations update the eligibility requirements for performing actuarial services for ERISA-covered employee pension benefit plans, including the continuing professional education requirements, and the standards for performing such actuarial services. These regulations will affect employee pension benefit plans and the actuaries providing actuarial services to those plans.
03/24/2011RuleSocial Security AdministrationSocial Security AdministrationTechnical Correction for Neurological Listing Cross-ReferenceWe are making a technical correction to a listing in the neurological body system in the Listing of Impairments. We are correcting a cross-reference that became outdated when we published revisions elsewhere in the Listing of Impairments in 2010. This...2011-6983FR-Doc-2011-6983Technical-Correction-For-Neurological-Listing-Cross-ReferenceWe are making a technical correction to a listing in the neurological body system in the Listing of Impairments. We are correcting a cross-reference that became outdated when we published revisions elsewhere in the Listing of Impairments in 2010. This technical correction will provide an updated cross-reference to conform to the 2010 revisions.
03/18/2011Proposed RuleDEPARTMENT OF LABORLabor DepartmentTemporary Non-Agricultural Employment of H-2B Aliens in the United StatesThe Department of Labor (the Department or DOL) proposes to amend its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations...2011-6152FR-Doc-2011-6152Temporary-Non-Agricultural-Employment-Of-H-2b-Aliens-In-The-United-StatesThe Department of Labor (the Department or DOL) proposes to amend its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Notice of Proposed Rulemaking (NPRM or proposed rule) proposes to revise and solicits comments on the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. The Department also proposes to create new regulations to provide for increased worker protections for both U.S. and foreign workers and enhanced enforcement under the H-2B program.
03/14/2011RuleSocial Security AdministrationSocial Security AdministrationProtecting the Public and Our Employees in Our Hearing ProcessWe are clarifying our regulatory procedures to ensure the safety of the public and our employees in our hearing process. Due to increasing reports of threats to our hearing office employees, we are taking steps to explicitly increase the level of...2011-5750FR-Doc-2011-5750Protecting-The-Public-And-Our-Employees-In-Our-Hearing-ProcessWe are clarifying our regulatory procedures to ensure the safety of the public and our employees in our hearing process. Due to increasing reports of threats to our hearing office employees, we are taking steps to explicitly increase the level of protection we provide to our staff and to the public during the hearing process. We expect these changes to result in a safer work environment for our employees, while at the same time ensuring that our claimants continue to receive a full and fair hearing on their claims for benefits.
03/10/2011Proposed RuleSocial Security AdministrationSocial Security AdministrationCompassionate Allowances for Autoimmune Disease, Office of the Commissioner; HearingWe developed ``Compassionate Allowances'' to provide benefits quickly to applicants whose medical conditions obviously meet the definition of disability under the Social Security Act (Act) and can be identified with minimal objective medical...2011-5464FR-Doc-2011-5464Compassionate-Allowances-For-Autoimmune-Disease-Office-Of-The-Commissioner-HearingWe developed ``Compassionate Allowances'' to provide benefits quickly to applicants whose medical conditions obviously meet the definition of disability under the Social Security Act (Act) and can be identified with minimal objective medical information. In December 2007, April 2008, November 2008, July 2009, November 2009, and November 2010, we held Compassionate Allowance public hearings to help us identify the diseases and other serious medical conditions that we should consider under the Compassionate Allowance process. These hearings concerned rare diseases, cancers, traumatic brain injury and stroke, early-onset Alzheimer's disease and related dementias, schizophrenia, and cardiovascular disease and multiple organ transplants, respectively. We will hold our next hearing on March 16 to address the advisability and possible methods of identifying and implementing compassionate allowances for both adults and children with autoimmune diseases. While the public is welcome to attend the hearing, only scheduled witnesses will present testimony. We plan to address other medical conditions at subsequent hearings.
03/02/2011Proposed RuleSocial Security AdministrationSocial Security AdministrationRecovery of Delinquent Debts-Treasury Offset Program EnhancementsWe propose to amend our Tax Refund Offset (TRO) and Administrative Offset regulations. We are conforming our regulations to those of the Department of the Treasury (Treasury) for the following reasons: (1) Treasury removed the 10-year limitation to...2011-4586FR-Doc-2011-4586Recovery-Of-Delinquent-Debts-Treasury-Offset-Program-EnhancementsWe propose to amend our Tax Refund Offset (TRO) and Administrative Offset regulations. We are conforming our regulations to those of the Department of the Treasury (Treasury) for the following reasons: (1) Treasury removed the 10-year limitation to collect delinquent debts owed the United States by reducing eligible Federal payments, and (2) more States are participating in reciprocal agreements with Treasury to offset State payments, including tax refunds to reduce or extinguish a federally owed debt. The potential exists to increase collection of Federal debts for two reasons: (1) We are authorized to collect debts indefinitely by offsetting eligible Federal payments through the Treasury Offset Program (TOP), and (2) States that have reciprocal agreements with Treasury are authorized to offset payments to reduce or extinguish debts owed to the Federal agencies.
02/23/2011RuleOFFICE OF PERSONNEL MANAGEMENTPersonnel Management OfficeGarnishment of Accounts Containing Federal Benefit PaymentsTreasury, SSA, VA, RRB and OPM (Agencies) are issuing an interim final rule to implement statutory restrictions on the garnishment of Federal benefit payments. The rule establishes procedures that financial institutions must follow when they receive a...2011-3782FR-Doc-2011-3782Garnishment-Of-Accounts-Containing-Federal-Benefit-PaymentsTreasury, SSA, VA, RRB and OPM (Agencies) are issuing an interim final rule to implement statutory restrictions on the garnishment of Federal benefit payments. The rule establishes procedures that financial institutions must follow when they receive a garnishment order against an account holder who receives certain types of Federal benefit payments by direct deposit. The rule requires financial institutions that receive such a garnishment order to determine the sum of such Federal benefit payments deposited to the account during a two month period, and to ensure that the account holder has access to an amount equal to that sum or to the current balance of the account, whichever is lower.
02/18/2011Proposed RuleDEPARTMENT OF LABORLabor DepartmentUniform National Threshold Entered Employment Rate for VeteransThe Veterans' Employment and Training Service (VETS) of the Department of Labor (the Department) is proposing a rule to implement a uniform national threshold entered employment rate for veterans applicable to State employment service delivery systems....2011-3536FR-Doc-2011-3536Uniform-National-Threshold-Entered-Employment-Rate-For-VeteransThe Veterans' Employment and Training Service (VETS) of the Department of Labor (the Department) is proposing a rule to implement a uniform national threshold entered employment rate for veterans applicable to State employment service delivery systems. The Department undertakes this rulemaking in accordance with the Jobs for Veterans Act, which requires the Department to implement that threshold rate by regulation.
01/19/2011RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-agricultural Employment H-2B ProgramThe Department of Labor (the Department or DOL) is amending its regulations governing the certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This Final Rule revises the methodology by which...2011-1117FR-Doc-2011-1117Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-ProgramThe Department of Labor (the Department or DOL) is amending its regulations governing the certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This Final Rule revises the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status.
01/05/2011RuleSocial Security AdministrationSocial Security AdministrationSupplemental Security Income (SSI) for the Aged, Blind, and Disabled; Dedicated Accounts and Installment Payments for Certain Past-Due SSI BenefitsThese final rules adopt, with some minor changes, the interim final rules with request for comment we published in the Federal Register on December 20, 1996. 61 FR 67203. The interim final rules concerned dedicated accounts and installment payments for...2010-33272FR-Doc-2010-33272Supplemental-Security-Income-Ssi-For-The-Aged-Blind-And-Disabled-Dedicated-Accounts-And-InstallmentThese final rules adopt, with some minor changes, the interim final rules with request for comment we published in the Federal Register on December 20, 1996. 61 FR 67203. The interim final rules concerned dedicated accounts and installment payments for certain past- due SSI benefits and reflected amendments to the Social Security Act (Act) made by sections 213 and 221 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). These final rules reflect these provisions, as well as subsequent changes to these provisions made by the Balanced Budget Act of 1997 (BBA), the Social Security Protection Act of 2004 (SSPA), and the Deficit Reduction Act of 2005 (DRA). The changes we are making in these final rules will ensure that our rules accurately reflect the statutory provisions on which they are based.
12/29/2010RuleSocial Security AdministrationSocial Security AdministrationAmendments to Regulations Regarding Eligibility for a Medicare Prescription Drug SubsidyWe are revising our regulations to incorporate changes to the Medicare prescription drug coverage low-income subsidy (Extra Help) program made by the Affordable Care Act which was enacted on March 23, 2010. Under our interpretation of section 3304 of...2010-32848FR-Doc-2010-32848Amendments-To-Regulations-Regarding-Eligibility-For-A-Medicare-Prescription-Drug-SubsidyWe are revising our regulations to incorporate changes to the Medicare prescription drug coverage low-income subsidy (Extra Help) program made by the Affordable Care Act which was enacted on March 23, 2010. Under our interpretation of section 3304 of the Affordable Care Act and this interim final rule, if the death of a beneficiary's spouse would decrease or eliminate the subsidy provided by the Extra Help program, we will, based on a determination, or redetermination, extend the effective period of eligibility for the most recent determination or redetermination until 1 year after the month following the month we are notified of the death of the spouse. These regulatory changes will allow us to implement this provision of the Affordable Care Act when it goes into effect on January 1, 2011. We are also revising our regulations to incorporate changes made by the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA), which affect the way we account for income and resources when determining eligibility for the Extra Help program. The statute provides that we no longer count as a resource the value of any life insurance policy for Extra Help applications filed, or redeterminations that are effective, on or after January 1, 2010. In addition, we will no longer count as income the help a beneficiary receives when someone else provides food and shelter, or pays household bills for food, mortgage, rent, electricity, water, property taxes, or heating fuel or gas. These revisions will update our rules to reflect these statutory changes.
12/28/2010RuleJOINT BOARD FOR ENROLLMENT OF ACTUARIESJoint Board for Enrollment of ActuariesPrivacy Act of 1974; ImplementationIn accordance with the requirements of the Privacy Act of 1974, as amended, the Joint Board for the Enrollment of Actuaries (Joint Board) is amending the requirements regarding access to records to revise the listing of the Joint Board's systems of...2010-32165FR-Doc-2010-32165Privacy-Act-Of-1974-ImplementationIn accordance with the requirements of the Privacy Act of 1974, as amended, the Joint Board for the Enrollment of Actuaries (Joint Board) is amending the requirements regarding access to records to revise the listing of the Joint Board's systems of records for which the Joint Board has claimed exemptions, under section (k)(2) of the Privacy Act, from certain of the Privacy Act's provisions, to revise language that incorrectly implies that the Joint Board has yet to seek such exemptions or that incorrectly implies that the Joint Board's claims for exemption are still pending, and to correct internal references.
12/17/2010Proposed RuleDEPARTMENT OF LABORLabor DepartmentSenior Community Service Employment Program; Notice of Proposed Rulemaking, Additional Indicator on Volunteer Work; CorrectionThis document corrects an expiration date cited in the Notice of Proposed Rulemaking (NPRM) of the Senior Community Service Employment Program (SCSEP), Additional Indicator on Volunteer Work that was published on November 23, 2010. The NPRM updates the...2010-31680FR-Doc-2010-31680Senior-Community-Service-Employment-Program-Notice-Of-Proposed-Rulemaking-Additional-Indicator-OnThis document corrects an expiration date cited in the Notice of Proposed Rulemaking (NPRM) of the Senior Community Service Employment Program (SCSEP), Additional Indicator on Volunteer Work that was published on November 23, 2010. The NPRM updates the SCSEP regulations to add an indicator to measure the number of exiting participants who enter volunteer work. The relevant Office of Management and Budget (OMB) Control Number for SCSEP's approved information collection is 1205-0040. The NPRM stated that the expiration date for 1205-0040 was October 31, 2010. However, that date is incorrect. The information collection is now pending with OMB, as the Department has requested a 3-year extension on the expiration of the approval date for it. Therefore 1205-0040 remains current on a month-by-month basis until OMB acts on the current information collection extension request. For more information on this request, see http://www.reginfo.gov.
12/08/2010RuleSocial Security AdministrationSocial Security AdministrationAmendments to Regulations Regarding Withdrawal of Applications and Voluntary Suspension of BenefitsWe are modifying our regulations to establish a 12-month time limit for the withdrawal of old-age benefits applications, allow one withdrawal per lifetime, and limit the voluntary suspension of benefits for purposes of receiving delayed retirement...2010-30868FR-Doc-2010-30868Amendments-To-Regulations-Regarding-Withdrawal-Of-Applications-And-Voluntary-Suspension-Of-BenefitsWe are modifying our regulations to establish a 12-month time limit for the withdrawal of old-age benefits applications, allow one withdrawal per lifetime, and limit the voluntary suspension of benefits for purposes of receiving delayed retirement credits to months for which you have not received a payment. We are making these changes to revise current policies that have the potential for misuse.
12/07/2010RuleSocial Security AdministrationSocial Security AdministrationRegulations Regarding Income-Related Monthly Adjustment Amounts to Medicare Beneficiaries' Prescription Drug Coverage PremiumsWe are adding a new subpart to our regulations, which contains the rules we will apply to determine the income-related monthly adjustment amount for Medicare prescription drug coverage premiums. This new subpart implements changes made to the Social...2010-30276FR-Doc-2010-30276Regulations-Regarding-Income-Related-Monthly-Adjustment-Amounts-To-Medicare-BeneficiariesWe are adding a new subpart to our regulations, which contains the rules we will apply to determine the income-related monthly adjustment amount for Medicare prescription drug coverage premiums. This new subpart implements changes made to the Social Security Act (Act) by the Affordable Care Act. These rules parallel the rules in subpart B of this part, which describes the rules we apply when we determine the income-related monthly adjustment amount for certain Medicare Part B (medical insurance) beneficiaries. These rules describe the new subpart; what information we will use to determine whether you will pay an income-related monthly adjustment amount and the amount of the adjustment when applicable; when we will consider a major life- changing event that results in a significant reduction in your modified adjusted gross income; and how you can appeal our determination about your income-related monthly adjustment amount. These rules will allow us to implement the provisions of the Affordable Care Act on time that relate to the income-related monthly adjustment amount for Medicare prescription drug coverage premiums, when they go into effect on January 1, 2011.
11/24/2010Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Mental DisordersWe are reopening for a limited purpose the comment period for the notice of proposed rulemaking (NPRM) that we published in the Federal Register on August 19, 2010 (75 FR 51336). We are reopening the comment period for 15 days to clarify and to seek...2010-29577FR-Doc-2010-29577Revised-Medical-Criteria-For-Evaluating-Mental-DisordersWe are reopening for a limited purpose the comment period for the notice of proposed rulemaking (NPRM) that we published in the Federal Register on August 19, 2010 (75 FR 51336). We are reopening the comment period for 15 days to clarify and to seek additional public comment about an aspect of the proposed definitions of the terms ``marked'' and ``extreme'' in sections 12.00 and 112.00 of our Listing of Impairments (listings). We are reopening the comment period to accept comments about that issue only. We will not consider comments on any other aspects of the proposed listings for mental disorders that we receive during this reopened comment period.
11/23/2010Proposed RuleDEPARTMENT OF LABORLabor DepartmentSenior Community Service Employment Program; Notice of Proposed Rulemaking, Additional Indicator on Volunteer WorkThe Employment and Training Administration (ETA) of the Department of Labor (Department) issues this notice of proposed rulemaking (NPRM) to seek feedback on a potential additional performance measure for volunteer work in the Senior Community Service...2010-29424FR-Doc-2010-29424Senior-Community-Service-Employment-Program-Notice-Of-Proposed-Rulemaking-Additional-Indicator-OnThe Employment and Training Administration (ETA) of the Department of Labor (Department) issues this notice of proposed rulemaking (NPRM) to seek feedback on a potential additional performance measure for volunteer work in the Senior Community Service Employment Program (SCSEP). Specifically, this rule proposes to amend regulations concerning performance accountability under title V of the Older American Act and corresponding definitions. These regulations provide administrative and programmatic guidance and requirements for the implementation of the SCSEP.
11/03/2010Proposed RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Extension of the Comment PeriodOn October 5, 2010, the Employment and Training Administration (ETA) issued a Notice of Proposed Rulemaking (NPRM) to amend its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural...2010-27602FR-Doc-2010-27602Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-Program-Extension-Of-The-CommentOn October 5, 2010, the Employment and Training Administration (ETA) issued a Notice of Proposed Rulemaking (NPRM) to amend its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. The proposed rule provided a comment period for the regulatory text through November 4, 2010. The agency has received several requests to extend the comment period and has decided to extend the comment period for an additional 8 days, to November 12, 2010.
10/15/2010Proposed RuleDEPARTMENT OF LABORLabor DepartmentRegulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational VesselsThe Office of Workers' Compensation Programs (OWCP) is republishing the Notice of Proposed Rulemaking entitled Longshore and Harbor Workers' Compensation Act: Recreational Vessels, published on August 17, 2010 (75 FR 50718), and affording the public an...2010-25895FR-Doc-2010-25895Regulations-Implementing-The-Longshore-And-Harbor-Workers-Compensation-Act-Recreational-VesselsThe Office of Workers' Compensation Programs (OWCP) is republishing the Notice of Proposed Rulemaking entitled Longshore and Harbor Workers' Compensation Act: Recreational Vessels, published on August 17, 2010 (75 FR 50718), and affording the public an additional period for submitting comments. This document contains proposed regulations implementing amendments to the Longshore and Harbor Workers' Compensation Act (LHWCA) by the American Recovery and Reinvestment Act of 2009 (ARRA), relating to the exclusion of certain recreational- vessel workers from the LHWCA's definition of ``employee.'' These regulations would clarify both the definition of ``recreational vessel'' and those circumstances under which workers are excluded from LHWCA coverage when working on those vessels. The proposed rules also codify the Department's longstanding view that employees are covered under the LHWCA so long as some of their work constitutes ``maritime employment'' within the meaning of the statute.
10/13/2010RuleSocial Security AdministrationSocial Security AdministrationDisability Determinations by State Agency Disability ExaminersWe are revising our rules on a temporary basis to permit State agency disability examiners to make fully favorable determinations in certain claims for disability benefits under titles II and XVI of the Social Security Act (Act) without the approval of...2010-25502FR-Doc-2010-25502Disability-Determinations-By-State-Agency-Disability-ExaminersWe are revising our rules on a temporary basis to permit State agency disability examiners to make fully favorable determinations in certain claims for disability benefits under titles II and XVI of the Social Security Act (Act) without the approval of a State agency medical or psychological consultant. These changes apply only to claims we consider under our rules for quick disability determinations (QDD) or under our compassionate allowance initiative.
10/12/2010Proposed RuleSocial Security AdministrationSocial Security AdministrationCompassionate Allowances for Cardiovascular Disease and Multiple Organ Transplants, Office of the Commissioner, HearingWe are considering ways to quickly identify diseases and other serious medical conditions that obviously meet the definition of disability under the Social Security Act (Act) and can be identified with minimal objective medical information. We are...2010-25503FR-Doc-2010-25503Compassionate-Allowances-For-Cardiovascular-Disease-And-Multiple-Organ-Transplants-Office-Of-TheWe are considering ways to quickly identify diseases and other serious medical conditions that obviously meet the definition of disability under the Social Security Act (Act) and can be identified with minimal objective medical information. We are calling this method ``Compassionate Allowances.'' In December 2007, April 2008, November 2008, July 2009, and November 2009, we held Compassionate Allowance public hearings. These hearings concerned rare diseases, cancers, traumatic brain injury and stroke, early-onset Alzheimer's disease and related dementias, and schizophrenia, respectively. This hearing is the sixth in the series. The purpose of this hearing is to obtain your views about the advisability and possible methods of identifying and implementing compassionate allowances for both adults and children with cardiovascular diseases and multiple organ transplants. We plan to address other medical conditions at subsequent hearings.
10/05/2010Proposed RuleDEPARTMENT OF LABORLabor DepartmentWage Methodology for the Temporary Non-Agricultural Employment H-2B ProgramThe Department of Labor (the Department or DOL) proposes to amend its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations...2010-25142FR-Doc-2010-25142Wage-Methodology-For-The-Temporary-Non-Agricultural-Employment-H-2b-ProgramThe Department of Labor (the Department or DOL) proposes to amend its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Notice of Proposed Rulemaking (NPRM or proposed rule) proposes to revise and solicits comments on the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status.
09/17/2010RuleSocial Security AdministrationSocial Security AdministrationImprovements to the Supplemental Security Income Program-Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act)In the Federal Register of September 7, 2010, we published a final rule document revising our regulations to incorporate improvements to the Supplemental Security Income (SSI) program made by the HEART Act. We inadvertently stated the RIN incorrectly...2010-23183FR-Doc-2010-23183Improvements-To-The-Supplemental-Security-Income-Program-Heroes-Earnings-Assistance-And-Relief-TaxIn the Federal Register of September 7, 2010, we published a final rule document revising our regulations to incorporate improvements to the Supplemental Security Income (SSI) program made by the HEART Act. We inadvertently stated the RIN incorrectly as 0960- AD78. This document corrects the RIN to 0960-AH00.
09/17/2010RuleDEPARTMENT OF LABORLabor DepartmentFederal-State Unemployment Compensation Program; Funding Goals for Interest-Free AdvancesThe Employment and Training Administration (ETA) of the United States Department of Labor (Department) issues this final rule to implement Federal requirements conditioning a State's receipt of interest-free advances from the Federal Government for the...2010-22926FR-Doc-2010-22926Federal-State-Unemployment-Compensation-Program-Funding-Goals-For-Interest-Free-AdvancesThe Employment and Training Administration (ETA) of the United States Department of Labor (Department) issues this final rule to implement Federal requirements conditioning a State's receipt of interest-free advances from the Federal Government for the payment of unemployment compensation (UC) upon the State meeting ``funding goals, established under regulations issued by the Secretary of Labor.'' This final rule requires that States meet a solvency criterion in one of the 5 calendar years preceding the year in which advances are taken; and to meet two tax effort criteria for each calendar year after the solvency criterion is met up to the year in which an advance is taken.
09/07/2010RuleSocial Security AdministrationSocial Security AdministrationImprovements to the Supplemental Security Income Program-Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act)We are revising our regulations to incorporate improvements to the Supplemental Security Income (SSI) program made by the HEART Act. The HEART Act changes the way we treat certain cash payments to members of the uniformed services and veterans and the...2010-22179FR-Doc-2010-22179Improvements-To-The-Supplemental-Security-Income-Program-Heroes-Earnings-Assistance-And-Relief-TaxWe are revising our regulations to incorporate improvements to the Supplemental Security Income (SSI) program made by the HEART Act. The HEART Act changes the way we treat certain cash payments to members of the uniformed services and veterans and the way we treat cash and in-kind payments to AmeriCorps volunteers. In addition, we are making a technical change to our rules to reflect the correct section of the Internal Revenue Code.
09/01/2010RuleDEPARTMENT OF LABORLabor DepartmentSenior Community Service Employment Program; Final RuleThe Employment and Training Administration (ETA) of the Department of Labor (Department) issues this final rule to implement changes in the Senior Community Service Employment Program (SCSEP) resulting from the 2006 Amendments to title V of the Older...2010-21139FR-Doc-2010-21139Senior-Community-Service-Employment-Program-Final-RuleThe Employment and Training Administration (ETA) of the Department of Labor (Department) issues this final rule to implement changes in the Senior Community Service Employment Program (SCSEP) resulting from the 2006 Amendments to title V of the Older Americans Act, and to clarify various policies. These regulations provide administrative and programmatic guidance and requirements for the implementation of the SCSEP. The Department issued an interim final rule (IFR) implementing changes in the SCSEP performance accountability regulations. We issued a notice of proposed rulemaking (NPRM) proposing changes to the remainder of the SCSEP regulations on August 14, 2008. This final rule takes into consideration comments received on the IFR and the NPRM.
08/27/2010RuleSocial Security AdministrationSocial Security AdministrationEntitlement and Termination Requirements for StepchildrenWe are revising our regulations to reflect changes made in the Contract with America Advancement Act of 1996 (CAAA) to the entitlement and termination requirements for Social Security child's benefits to stepchildren. Under the CAAA, we consider a...2010-21341FR-Doc-2010-21341Entitlement-And-Termination-Requirements-For-StepchildrenWe are revising our regulations to reflect changes made in the Contract with America Advancement Act of 1996 (CAAA) to the entitlement and termination requirements for Social Security child's benefits to stepchildren. Under the CAAA, we consider a stepchild as dependent on a stepparent to receive child's benefits based on the stepparent's earnings only if the stepchild receives at least one-half support from the stepparent. Also, we terminate a stepchild's benefits that are based on the stepparent's earnings if the stepchild's parent or adoptive parent and the stepparent divorce, unless the stepparent adopted the stepchild and the stepchild can qualify for benefits as the stepparent's adopted child.
08/27/2010Proposed RuleDEPARTMENT OF LABORLabor DepartmentYouthBuild ProgramThe Employment and Training Administration (ETA) of the U.S. Department of Labor (Department) is issuing this Notice of Proposed Rulemaking (NPRM) to implement the YouthBuild Transfer Act of 2006 (Transfer Act), which establishes the YouthBuild program...2010-21097FR-Doc-2010-21097Youthbuild-ProgramThe Employment and Training Administration (ETA) of the U.S. Department of Labor (Department) is issuing this Notice of Proposed Rulemaking (NPRM) to implement the YouthBuild Transfer Act of 2006 (Transfer Act), which establishes the YouthBuild program in the Department under subtitle D of Title I of the Workforce Investment Act of 1998 (WIA) as amended. The proposed rule clarifies the requirements of the Transfer Act for YouthBuild program providers and participants. The proposed rule would set standards under which YouthBuild program providers would carry out the goals of the program, which are to assist at-risk youth in obtaining a High School diploma or GED and acquiring occupational skills training that leads to employment through the construction/rehabilitation of housing for low-income or homeless individuals and families in the community.
08/19/2010Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Mental DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving mental disorders in adults and children under titles II and XVI of the Social Security Act (Act). We also propose to remove certain...2010-20247FR-Doc-2010-20247Revised-Medical-Criteria-For-Evaluating-Mental-DisordersWe propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving mental disorders in adults and children under titles II and XVI of the Social Security Act (Act). We also propose to remove certain sections of our regulations and incorporate some of their provisions into other sections of our regulations. The proposed revisions reflect our adjudicative experience, advances in medical knowledge, recommendations from a report we commissioned, and comments we received from experts and the public in response to an advance notice of proposed rulemaking (ANPRM) and at an outreach policy conference.
08/17/2010Proposed RuleDEPARTMENT OF LABORLabor DepartmentRegulations Implementing the Longshore and Harbor Workers' Compensation Act: Recreational VesselsThis document contains proposed regulations implementing amendments to the Longshore and Harbor Workers' Compensation Act (LHWCA) by the American Recovery and Reinvestment Act of 2009 (ARRA), relating to the exclusion of certain recreational-vessel...2010-20080FR-Doc-2010-20080Regulations-Implementing-The-Longshore-And-Harbor-Workers-Compensation-Act-Recreational-VesselsThis document contains proposed regulations implementing amendments to the Longshore and Harbor Workers' Compensation Act (LHWCA) by the American Recovery and Reinvestment Act of 2009 (ARRA), relating to the exclusion of certain recreational-vessel workers from the LHWCA's definition of ``employee.'' These regulations would clarify both the definition of ``recreational vessel'' and those circumstances under which workers are excluded from LHWCA coverage when working on those vessels. The proposed rules also codify the Department's longstanding view that employees are covered under the LHWCA so long as some of their work constitutes ``maritime employment'' within the meaning of the statute.
08/13/2010Proposed RuleDEPARTMENT OF LABORLabor DepartmentPerformance of Functions; Claims for Compensation Under the Federal Employees' Compensation Act; Compensation for Disability and Death of Noncitizen Federal Employees Outside the United StatesThe Department of Labor proposes to amend the regulations governing the administration of the Federal Employees' Compensation Act (FECA), which provides benefits to all civilian Federal employees and certain other groups of employees and individuals...2010-18965FR-Doc-2010-18965Performance-Of-Functions-Claims-For-Compensation-Under-The-Federal-Employees-Compensation-ActThe Department of Labor proposes to amend the regulations governing the administration of the Federal Employees' Compensation Act (FECA), which provides benefits to all civilian Federal employees and certain other groups of employees and individuals who are injured or killed while performing their jobs. The Department of Labor also proposes to revise the regulations establishing the authority of the Office of Workers' Compensation Programs (OWCP) which administers the FECA. The existing rules have been amended to acknowledge a change in the organization of the OWCP and amendments to the FECA which have occurred since the last time the regulations were amended in 1999. These changes also update the regulations by taking into account changes in technology and other changes to improve administrative efficiency. As many FECA claimants are not represented, the regulations are revised to insert FECA statutory references as a frame of reference for clarity and ease of use. The regulations include adding the skin as an organ pursuant to 5 U.S.C. 8107(c)(22). The regulations also create a new special schedule covering injuries to non-citizen non-resident Federal employees outside the United States. Finally, the regulations covering the processing of medical bills have been updated to provide for greater use of technology in that process to reduce costs and to clarify requirements for such submissions.
07/29/2010RuleDEPARTMENT OF LABORLabor DepartmentTrade Adjustment Assistance; Merit Staffing of State Administration and Allocation of Training Funds to States; Clarification for the Rulemaking RecordThis notice provides, for the rulemaking record, information that was inadvertently omitted from the final rule in the Federal Register on April 2, 2010 (75 FR 16988) promulgating Trade Adjustment Assistance (TAA) regulations requiring States to use...2010-18603FR-Doc-2010-18603Trade-Adjustment-Assistance-Merit-Staffing-Of-State-Administration-And-Allocation-Of-Training-FundsThis notice provides, for the rulemaking record, information that was inadvertently omitted from the final rule in the Federal Register on April 2, 2010 (75 FR 16988) promulgating Trade Adjustment Assistance (TAA) regulations requiring States to use merit personnel systems in their administration of the TAA program, and prescribing a formula for allocating TAA training funds to the States.
07/28/2010RuleSocial Security AdministrationSocial Security AdministrationTechnical Amendment Language Change From \u201cWholly\u201d to \u201cFully\u201d; CorrectionIn the Federal Register of June 11, 2010, we published a final rules document replacing the word ``wholly'' with the word ``fully'' in a number of sections of our regulations when we describe the favorable and unfavorable nature of determinations or...2010-18426FR-Doc-2010-18426Technical-Amendment-Language-Change-From-Wholly-To-Fully-CorrectionIn the Federal Register of June 11, 2010, we published a final rules document replacing the word ``wholly'' with the word ``fully'' in a number of sections of our regulations when we describe the favorable and unfavorable nature of determinations or decisions we make on claims on benefits. We inadvertently amended Sec. 408.1070 incorrectly. This document corrects the wording in this section.
07/22/2010Proposed RuleSocial Security AdministrationSocial Security AdministrationAmendments to Procedures for Certain Determinations and DecisionsWe propose to revise the procedures for how claimants who request hearings before administrative law judges (ALJs) may seek further review of their fully favorable revised determinations based on prehearing case reviews or fully favorable attorney...2010-17896FR-Doc-2010-17896Amendments-To-Procedures-For-Certain-Determinations-And-DecisionsWe propose to revise the procedures for how claimants who request hearings before administrative law judges (ALJs) may seek further review of their fully favorable revised determinations based on prehearing case reviews or fully favorable attorney advisor decisions. We also propose to notify claimants who receive partially favorable determinations based on prehearing case reviews that an ALJ will still hold a hearing unless all parties to the hearing tell us in writing that we should dismiss the hearing requests. We expect that these changes will simplify the process and free up scarce administrative resources that we can better use to reduce the hearings level case backlog.
07/15/2010RuleSocial Security AdministrationSocial Security AdministrationAmendments to Regulations Regarding Major Life-Changing Events Affecting Income-Related Monthly Adjustment Amounts to Medicare Part B PremiumsWe are modifying our regulations to clarify and revise what we consider major life-changing events for the Medicare Part B income- related monthly adjustment amount (IRMAA) and what evidence we require to support a claim of a major life-changing event....2010-17198FR-Doc-2010-17198Amendments-To-Regulations-Regarding-Major-Life-Changing-Events-Affecting-Income-Related-MonthlyWe are modifying our regulations to clarify and revise what we consider major life-changing events for the Medicare Part B income- related monthly adjustment amount (IRMAA) and what evidence we require to support a claim of a major life-changing event. Recent changes in the economy and other unforeseen events have had a significant effect on many Medicare Part B beneficiaries. The changes we are making in this interim final rule will allow us to respond appropriately to circumstances brought about by the current economic climate and other unforeseen events, as described below.
07/08/2010RuleSocial Security AdministrationSocial Security AdministrationSetting the Time and Place for a Hearing Before an Administrative Law JudgeWe are amending our rules to state that our agency is responsible for setting the time and place for a hearing before an administrative law judge (ALJ). This change creates a 3-year pilot program that will allow us to test this new authority. Our use...2010-16549FR-Doc-2010-16549Setting-The-Time-And-Place-For-A-Hearing-Before-An-Administrative-Law-JudgeWe are amending our rules to state that our agency is responsible for setting the time and place for a hearing before an administrative law judge (ALJ). This change creates a 3-year pilot program that will allow us to test this new authority. Our use of this authority, consistent with due process rights of claimants, may provide us with greater flexibility in scheduling both in-person and video hearings, lead to improved efficiency in our hearing process, and reduce the number of pending hearing requests. This change is a part of our broader commitment to maintaining a hearing process that results in accurate, high-quality decisions for claimants.
06/11/2010RuleSocial Security AdministrationSocial Security AdministrationTechnical Amendment Language Change From \u201cWholly\u201d to \u201cFully\u201dThese final rules amend our regulations to replace the word ``wholly'' with the word ``fully'' when we describe the favorable or unfavorable nature of determinations or decisions we make on claims for benefits. This change does not alter the substance...2010-13987FR-Doc-2010-13987Technical-Amendment-Language-Change-From-Wholly-To-FullyThese final rules amend our regulations to replace the word ``wholly'' with the word ``fully'' when we describe the favorable or unfavorable nature of determinations or decisions we make on claims for benefits. This change does not alter the substance of the regulations or have any effect on the rights of claimants or any other parties.
06/11/2010Proposed RuleDEPARTMENT OF LABORLabor DepartmentFunding Formula for Grants to StatesIn this advance notice of proposed rulemaking (ANPRM), VETS is requesting comments, including data and other information, on issues related to the funding formula applicable to the Jobs for Veterans State Grants that are administered by VETS as...2010-13870FR-Doc-2010-13870Funding-Formula-For-Grants-To-StatesIn this advance notice of proposed rulemaking (ANPRM), VETS is requesting comments, including data and other information, on issues related to the funding formula applicable to the Jobs for Veterans State Grants that are administered by VETS as authorized by 38 U.S.C. 4102A(b)(5). The funding formula for these grants is governed by 38 U.S.C. 4102A(c) (2) (B) and 20 CFR part 1001, subpart F. VETS plans to consider the information received in response to this notice in deciding whether or not to propose changes to those aspects of the funding formula that are within the Secretary's discretion.
06/11/2010RuleSocial Security AdministrationSocial Security AdministrationExtension of Expiration Dates for Several Body System ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Cardiovascular System, Endocrine System, Growth Impairment, Hematological Disorders, Musculoskeletal System, Mental...2010-13988FR-Doc-2010-13988Extension-Of-Expiration-Dates-For-Several-Body-System-ListingsWe are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Cardiovascular System, Endocrine System, Growth Impairment, Hematological Disorders, Musculoskeletal System, Mental Disorders, Neurological, and Respiratory System. We are making no other revisions to these body system listings. This extension will ensure that we continue to have in the listings the criteria we need to evaluate impairments in the affected body systems at the appropriate steps of the sequential evaluation processes for initial claims and continuing disability reviews.
06/10/2010RuleSocial Security AdministrationSocial Security AdministrationConsultative Examination-Annual Onsite Review of Medical ProvidersWe are revising the threshold billing amount that triggers annual on-site reviews of medical providers who conduct consultative examinations (CEs) for our disability programs under titles II and XVI of the Social Security Act (Act). The revision will...2010-14070FR-Doc-2010-14070Consultative-Examination-Annual-Onsite-Review-Of-Medical-ProvidersWe are revising the threshold billing amount that triggers annual on-site reviews of medical providers who conduct consultative examinations (CEs) for our disability programs under titles II and XVI of the Social Security Act (Act). The revision will raise the threshold amount to reflect the increase in billing amounts since we first established the threshold amount in 1991. We expect the revised threshold amount will reestablish the level of oversight activity we required under our original rules.
06/02/2010RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Hearing LossWe are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving hearing loss under titles II and XVI of the Social Security Act (Act). The revisions reflect our adjudicative experience, advances in...2010-13094FR-Doc-2010-13094Revised-Medical-Criteria-For-Evaluating-Hearing-LossWe are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving hearing loss under titles II and XVI of the Social Security Act (Act). The revisions reflect our adjudicative experience, advances in medical knowledge, treatment, and methods of evaluating hearing loss, and public comments we received in response to a Notice of Proposed Rulemaking (NPRM).
04/26/2010Proposed RuleDEPARTMENT OF LABORLabor DepartmentSemiannual Agenda of RegulationsThis document sets forth the Department's semiannual agenda of regulations that have been selected for review or development during the coming year. The Department's agencies have carefully assessed their available resources and what they can...2010-8938FR-Doc-2010-8938Semiannual-Agenda-Of-RegulationsThis document sets forth the Department's semiannual agenda of regulations that have been selected for review or development during the coming year. The Department's agencies have carefully assessed their available resources and what they can accomplish in the next 12 months and have adjusted their agendas accordingly.
04/19/2010Proposed RuleOFFICE OF PERSONNEL MANAGEMENTPersonnel Management OfficeGarnishment of Accounts Containing Federal Benefit PaymentsTreasury, SSA, VA, RRB and OPM (Agencies) are publishing for comment a proposed rule to implement statutory restrictions on the garnishment of Federal benefit payments. The Agencies are taking this action in response to recent developments in...2010-8899FR-Doc-2010-8899Garnishment-Of-Accounts-Containing-Federal-Benefit-PaymentsTreasury, SSA, VA, RRB and OPM (Agencies) are publishing for comment a proposed rule to implement statutory restrictions on the garnishment of Federal benefit payments. The Agencies are taking this action in response to recent developments in technology and debt collection practices that have led to an increase in the freezing of accounts containing Federal benefit payments. The proposed rule would establish procedures that financial institutions must follow when a garnishment order is received for an account into which Federal benefit payments have been directly deposited. The proposed rule would require financial institutions that receive a garnishment order for an account to determine whether any Federal benefit payments were deposited to the account within 60 calendar days prior to receipt of the order and, if so, would require the financial institution to ensure that the account holder has access to an amount equal to the sum of such payments in the account or to the current balance of the account, whichever is lower.
04/02/2010RuleDEPARTMENT OF LABORLabor DepartmentTrade Adjustment Assistance; Merit Staffing of State Administration and Allocation of Training Funds to StatesThe Employment and Training Administration (ETA) of the Department of Labor (Department) issues this final rule to implement changes to the regulations for the Trade Adjustment Assistance for Workers (TAA) program under the Trade Act of 1974, as...2010-6697FR-Doc-2010-6697Trade-Adjustment-Assistance-Merit-Staffing-Of-State-Administration-And-Allocation-Of-Training-FundsThe Employment and Training Administration (ETA) of the Department of Labor (Department) issues this final rule to implement changes to the regulations for the Trade Adjustment Assistance for Workers (TAA) program under the Trade Act of 1974, as amended (Trade Act). This rule requires that personnel engaged in TAA-funded functions undertaken to carry out the worker adjustment assistance provisions must be State employees covered by a merit system of personnel administration. This rule also prescribes the system for allocating training funds to the States, as required by amendments to the Trade Act contained in the American Recovery and Reinvestment Act of 2009, commonly called the Recovery Act. The Recovery Act included provisions which reauthorized and significantly amended the TAA program.
03/31/2010RuleDEPARTMENT OF LABORLabor DepartmentTemporary Employment of Foreign Workers in the United StatesThe Employment and Training Administration (ETA) and the Wage and Hour Division of the Department of Labor (the Department or DOL) are publishing a Final Rule to implement the Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005 (NRDARA),...2010-7380FR-Doc-2010-7380Temporary-Employment-Of-Foreign-Workers-In-The-United-States 
03/04/2010Proposed RuleSocial Security AdministrationSocial Security AdministrationDisability Determinations by State Agency Disability ExaminersWe propose to amend our rules to permit disability examiners in the State agencies to make fully favorable determinations in certain claims for disability benefits under titles II and XVI of the Social Security Act (Act) without the approval of a...2010-4283FR-Doc-2010-4283Disability-Determinations-By-State-Agency-Disability-ExaminersWe propose to amend our rules to permit disability examiners in the State agencies to make fully favorable determinations in certain claims for disability benefits under titles II and XVI of the Social Security Act (Act) without the approval of a medical or psychological consultant. The proposed changes would apply on a temporary basis only to claims we consider under our rules for Quick Disability Determinations (QDD) or under our compassionate allowance initiative.
02/22/2010RuleSocial Security AdministrationSocial Security AdministrationExclusion of Certain Military Pay From Deemed Income and ResourcesWe are revising our rules to clarify that, for Supplemental Security Income (SSI) purposes, we do not consider any combat-related military pay as income when we determine whether spouses and children of members of the uniformed services are eligible...2010-3383FR-Doc-2010-3383Exclusion-Of-Certain-Military-Pay-From-Deemed-Income-And-ResourcesWe are revising our rules to clarify that, for Supplemental Security Income (SSI) purposes, we do not consider any combat-related military pay as income when we determine whether spouses and children of members of the uniformed services are eligible for SSI. The rules also clarify that we do not consider combat-related military pay as income when we determine the spouse's or child's proper payment amount. These rules also provide that, when we determine whether spouses and children are eligible for SSI, we do not consider retroactive payments of certain military pay as resources for 9 months following receipt. These final rules protect spouses and children of members of the uniformed services from a reduction in, or loss of, benefits because their spouse or parent serves in a combat zone.
02/22/2010RuleSocial Security AdministrationSocial Security AdministrationTransfer of Accumulated Benefit PaymentsWe are revising our regulations to allow a representative payee who will no longer be serving in that capacity to transfer accumulated benefit payments and interest directly to a beneficiary if we determine that it would be in the best interest of the...2010-3380FR-Doc-2010-3380Transfer-Of-Accumulated-Benefit-PaymentsWe are revising our regulations to allow a representative payee who will no longer be serving in that capacity to transfer accumulated benefit payments and interest directly to a beneficiary if we determine that it would be in the best interest of the beneficiary. This change will give us more flexibility in deciding how conserved funds should be handled in these circumstances. The change will also reduce or eliminate delays in the delivery of conserved funds to some beneficiaries.
02/19/2010RuleDEPARTMENT OF LABORLabor DepartmentAnnouncement of Public Briefings on the Changes to the Labor Certification Process for the Temporary Agricultural Employment of H-2A Aliens in the United StatesOn February 12, 2010, the Department of Labor (the Department or DOL) amended the H-2A regulations at 20 CFR part 655 governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment. See,...2010-3282FR-Doc-2010-3282Announcement-Of-Public-Briefings-On-The-Changes-To-The-Labor-Certification-Process-For-The-TemporaryOn February 12, 2010, the Department of Labor (the Department or DOL) amended the H-2A regulations at 20 CFR part 655 governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment. See, Temporary Agricultural Employment of H-2A Aliens in the United States, Final Rule, 75 FR 6884, Feb. 12, 2010 (the Final Rule). The Department's Final Rule also amended the regulations at 29 CFR part 501 to provide for enhanced enforcement under the H-2A program requirements when employers fail to meet their obligations under the H-2A program. The Department has also made changes to the Application for Temporary Employment Certification, ETA Form 9142. The Final Rule will become effective on March 15, 2010. All H-2A program users will be required to file their applications under the new regulations, and to comply with all applicable program requirements. The Department is issuing this notice to announce that it has scheduled three public briefings to educate stakeholders, program users, and other interested members of the public on changes to the H- 2A program made by the Final Rule and on applying for H-2A temporary labor certifications under the new regulations using the ETA Form 9142. As currently planned, the three briefings will take place in late February and early March of 2010 in San Diego, California; Dallas, Texas; and Raleigh, North Carolina. This notice provides the public with locations, dates, and registration information regarding the briefings. These briefings are subject to change and/or cancellation without further notice in the Federal Register. However, the Department will notify registered participants of any changes to the briefings.
02/12/2010RuleDEPARTMENT OF LABORLabor DepartmentTemporary Agricultural Employment of H-2A Aliens in the United StatesThe Department of Labor (the Department or DOL) is amending its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual obligations...2010-2731FR-Doc-2010-2731Temporary-Agricultural-Employment-Of-H-2a-Aliens-In-The-United-StatesThe Department of Labor (the Department or DOL) is amending its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. The Department is also amending the regulations at 29 CFR part 501 to provide for enhanced enforcement under the H-2A program requirements so that workers are appropriately protected when employers fail to meet their obligations under the H-2A program.
02/03/2010RuleDEPARTMENT OF LABORLabor DepartmentClaims for Compensation; Death Gratuity Under the Federal Employees' Compensation ActOn August 18, 2009, the Department of Labor (DOL) published an interim final rule in order to administer the death gratuity created by section 1105 of the National Defense Authorization Act for Fiscal Year 2008, Public Law 110-181. Section 1105...2010-1925FR-Doc-2010-1925Claims-For-Compensation-Death-Gratuity-Under-The-Federal-Employees-Compensation-ActOn August 18, 2009, the Department of Labor (DOL) published an interim final rule in order to administer the death gratuity created by section 1105 of the National Defense Authorization Act for Fiscal Year 2008, Public Law 110-181. Section 1105 provides a death gratuity payment to eligible survivors of federal employees and non-appropriated fund instrumentality employees (NAFI employees) who die of injuries incurred in connection with service with an Armed Force in a contingency operation. Section 1105 amended the Federal Employees' Compensation Act (FECA) to add a new section, designated as section 8102a. The Secretary of Labor has the authority to administer and to decide all questions arising under FECA. 5 U.S.C. 8145. FECA authorizes the Secretary to prescribe rules and regulations necessary for the administration and enforcement of the Act. 5 U.S.C. 8149. The Secretary has delegated the authority provided by 5 U.S.C. 8145 and 8149 to the Director of the Office of Workers' Compensation Programs (OWCP), who is responsible for the administration and implementation of FECA. 20 CFR 1.1. Thus OWCP will administer the adjudication of claims and the payment of the death gratuity under new section 8102a. At the same time the DOL published the interim final rule, it also invited written comments and advice from interested parties regarding possible changes to those regulations. This document amends the interim final rule based on the single comment received by the DOL.
01/11/2010RuleSocial Security AdministrationSocial Security AdministrationTechnical Revisions to the Supplemental Security Income (SSI) Regulations on Income and ResourcesWe are amending our Supplemental Security Income (SSI) regulations by making technical revisions to our rules on income and resources. Many of these revisions reflect legislative changes found in the Consolidated Appropriations Act of 2001 (CAA), the...2010-241FR-Doc-2010-241Technical-Revisions-To-The-Supplemental-Security-Income-Ssi-Regulations-On-Income-And-ResourcesWe are amending our Supplemental Security Income (SSI) regulations by making technical revisions to our rules on income and resources. Many of these revisions reflect legislative changes found in the Consolidated Appropriations Act of 2001 (CAA), the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), an amendment to the National Flood Insurance Act of 1968 (NFIA), the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA), and the Social Security Protection Act of 2004 (SSPA). We are also amending our SSI rules to extend the home exclusion to beneficiaries who, because of domestic abuse, leave a home that had otherwise been an excludable resource. Finally, we are updating our ``conditional- payment'' rule to eliminate the liquid-resource requirement as a prerequisite to receiving conditional-benefit payments.
12/15/2009Proposed RuleDEPARTMENT OF THE TREASURYTreasury DepartmentPerformance of Actuarial Services Under the Employee Retirement Income Security Act of 1974; HearingThis document provides notice of a public hearing on proposed regulations relating to the enrollment of actuaries under section 3042 of the Employee Retirement Income Security Act of 1974.E9-29752FR-Doc-E9-29752https://www.federalregister.gov/documents/2009/12/15/E9-29752/performance-of-actuarial-services-under-the-employee-retirement-income-security-act-of-1974-hearingThis document provides notice of a public hearing on proposed regulations relating to the enrollment of actuaries under section 3042 of the Employee Retirement Income Security Act of 1974.
12/14/2009Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Procedures and Criteria for Payment of Vocational Rehabilitation Services Under the Cost Reimbursement ProgramWe are requesting your comments on whether and how we should revise our rules governing payment for vocational rehabilitation (VR) services under the cost reimbursement program. Our current regulations do not reflect programmatic changes resulting from...E9-29669FR-Doc-E9-29669https://www.federalregister.gov/documents/2009/12/14/E9-29669/revised-procedures-and-criteria-for-payment-of-vocational-rehabilitation-services-under-the-costWe are requesting your comments on whether and how we should revise our rules governing payment for vocational rehabilitation (VR) services under the cost reimbursement program. Our current regulations do not reflect programmatic changes resulting from the new regulations we issued in May of 2008 for the Ticket to Work and Self-Sufficiency Program (Ticket to Work program). We are requesting your comments as part of our ongoing effort to ensure that the regulations governing cost reimbursement for VR services are current and support our other return to work programs, specifically the Ticket to Work and Work Incentive programs. If we propose specific revisions, we will publish a Notice of Proposed Rulemaking in the Federal Register.
12/14/2009Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Endocrine DisordersWe propose to revise the criteria in the Listing of Impairments (the listings) that we use to evaluate claims under titles II and XVI of the Social Security Act (Act) involving endocrine disorders in adults and children. The proposed revisions reflect...E9-29671FR-Doc-E9-29671https://www.federalregister.gov/documents/2009/12/14/E9-29671/revised-medical-criteria-for-evaluating-endocrine-disordersWe propose to revise the criteria in the Listing of Impairments (the listings) that we use to evaluate claims under titles II and XVI of the Social Security Act (Act) involving endocrine disorders in adults and children. The proposed revisions reflect advances in medical knowledge, information we received from medical experts, comments we received from the public in response to an Advance Notice of Proposed Rulemaking (ANPRM) and at an outreach policy conference, and our adjudicative experience.
12/04/2009RuleRAILROAD RETIREMENT BOARDRailroad Retirement BoardRemoval of Listing of Impairments and Related AmendmentsThe Railroad Retirement Board removes the Listing of Impairments from its regulations. The Board's Listing of Impairments (the Listings) is out of date and no longer reflects advances in medical knowledge, treatments, and methods of evaluation. These...E9-28453FR-Doc-E9-28453https://www.federalregister.gov/documents/2009/12/04/E9-28453/removal-of-listing-of-impairments-and-related-amendmentsThe Railroad Retirement Board removes the Listing of Impairments from its regulations. The Board's Listing of Impairments (the Listings) is out of date and no longer reflects advances in medical knowledge, treatments, and methods of evaluation. These amendments provide public notice as to how the Railroad Retirement Board will determine disability after removal of the Listings.
12/04/2009Proposed RuleSocial Security AdministrationSocial Security AdministrationReestablishing Uniform National Disability Adjudication ProvisionsWe propose to eliminate the remaining portions of part 405 of our rules, which we now use for initial disability claims in our Boston region. We propose to use the same rules for disability claims in the Boston region that we use for disability...E9-28993FR-Doc-E9-28993https://www.federalregister.gov/documents/2009/12/04/E9-28993/reestablishing-uniform-national-disability-adjudication-provisionsWe propose to eliminate the remaining portions of part 405 of our rules, which we now use for initial disability claims in our Boston region. We propose to use the same rules for disability claims in the Boston region that we use for disability adjudications in the rest of the country, including those rules that apply to the administrative law judge (ALJ) and Appeals Council (AC) levels of our administrative review process in parts 404 and 416 of our rules.
11/30/2009Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Skin DisordersThis document corrects the Docket No. to the Advance Notice of Proposed rulemaking that published in the Federal Register on November 10, 2009, regarding the request for comments on whether and how we should revise the criteria in our Listing of...E9-28367FR-Doc-E9-28367https://www.federalregister.gov/documents/2009/11/30/E9-28367/revised-medical-criteria-for-evaluating-skin-disordersThis document corrects the Docket No. to the Advance Notice of Proposed rulemaking that published in the Federal Register on November 10, 2009, regarding the request for comments on whether and how we should revise the criteria in our Listing of Impairments for evaluating skin disorders in adults and children. In that document, we cited the incorrect docket number for the Advance Notice of Proposed Rulemaking.
11/24/2009Proposed RuleSocial Security AdministrationSocial Security AdministrationWithdrawal of Certain Proposed RulesWe are withdrawing seven proposed rules we published in the Federal Register that we no longer plan to pursue.E9-28140FR-Doc-E9-28140https://www.federalregister.gov/documents/2009/11/24/E9-28140/withdrawal-of-certain-proposed-rulesWe are withdrawing seven proposed rules we published in the Federal Register that we no longer plan to pursue.
11/17/2009RuleDEPARTMENT OF LABORLabor DepartmentTemporary Agricultural Employment of H-2A Aliens in the United StatesThe Department of Labor (Department or DOL) is further amending its regulations to extend the transition period of the application filing procedures currently in effect for all H-2A employers with a date of need before January 1, 2010, as established...E9-27496FR-Doc-E9-27496https://www.federalregister.gov/documents/2009/11/17/E9-27496/temporary-agricultural-employment-of-h-2a-aliens-in-the-united-statesThe Department of Labor (Department or DOL) is further amending its regulations to extend the transition period of the application filing procedures currently in effect for all H-2A employers with a date of need before January 1, 2010, as established in the H-2A Interim Final Rule (IFR) published on April 16, 2009. The transition period is hereby extended to include all employers with a date of need before June 1, 2010.
11/10/2009RuleDEPARTMENT OF LABORLabor DepartmentRevising Standards Referenced in the Acetylene StandardOSHA is confirming the effective date of its direct final rule that revises the Acetylene Standard for general industry by updating references to standards published by standards-developing organizations. The direct final rule stated that it would...E9-27004FR-Doc-E9-27004https://www.federalregister.gov/documents/2009/11/10/E9-27004/revising-standards-referenced-in-the-acetylene-standardOSHA is confirming the effective date of its direct final rule that revises the Acetylene Standard for general industry by updating references to standards published by standards-developing organizations. The direct final rule stated that it would become effective on November 9, 2009, unless OSHA received no significant adverse comments on the direct final rule by September 10, 2009. OSHA received eight comments on the direct final rule by that date, which it determined were not significant adverse comments. Therefore, OSHA is confirming that the direct final rule became effective on November 9, 2009.
11/10/2009Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Genitourinary ImpairmentsWe are requesting your comments on whether and how we should revise the criteria in our Listing of Impairments (the listings) for evaluating genitourinary impairments in adults and children. We are requesting your comments as part of our ongoing effort...E9-27032FR-Doc-E9-27032https://www.federalregister.gov/documents/2009/11/10/E9-27032/revised-medical-criteria-for-evaluating-genitourinary-impairmentsWe are requesting your comments on whether and how we should revise the criteria in our Listing of Impairments (the listings) for evaluating genitourinary impairments in adults and children. We are requesting your comments as part of our ongoing effort to ensure that our listings reflect current medical knowledge. If we propose specific revisions, we will publish a Notice of Proposed Rulemaking in the Federal Register.
11/10/2009Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Skin DisordersWe are requesting your comments on whether and how we should revise the criteria in our Listing of Impairments (the listings) for evaluating skin disorders in adults and children. We are requesting your comments as part of our ongoing effort to ensure...E9-27033FR-Doc-E9-27033https://www.federalregister.gov/documents/2009/11/10/E9-27033/revised-medical-criteria-for-evaluating-skin-disordersWe are requesting your comments on whether and how we should revise the criteria in our Listing of Impairments (the listings) for evaluating skin disorders in adults and children. We are requesting your comments as part of our ongoing effort to ensure that our listings reflect current medical knowledge. If we propose specific revisions, we will publish a Notice of Proposed Rulemaking in the Federal Register.
11/10/2009Proposed RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Impairments That Affect Multiple Body SystemsWe are requesting your comments on whether and how we should revise the criteria in our Listings of Impairments (the listings) for evaluating impairments that affect multiple body systems in adults and children. We are requesting your comments as part...E9-27031FR-Doc-E9-27031https://www.federalregister.gov/documents/2009/11/10/E9-27031/revised-medical-criteria-for-evaluating-impairments-that-affect-multiple-body-systemsWe are requesting your comments on whether and how we should revise the criteria in our Listings of Impairments (the listings) for evaluating impairments that affect multiple body systems in adults and children. We are requesting your comments as part of our ongoing effort to ensure that our listings reflect current medical knowledge. If we propose specific revisions; we will publish a Notice of Proposed Rulemaking in the Federal Register.
10/30/2009Proposed RuleSocial Security AdministrationSocial Security AdministrationCompassionate Allowances for Schizophrenia; Office of the Commissioner, HearingWe are considering ways to quickly identify diseases and other serious medical conditions that obviously meet the definition of disability under the Social Security Act (Act) and can be identified with minimal objective medical information. We are...E9-26194FR-Doc-E9-26194https://www.federalregister.gov/documents/2009/10/30/E9-26194/compassionate-allowances-for-schizophrenia-office-of-the-commissioner-hearingWe are considering ways to quickly identify diseases and other serious medical conditions that obviously meet the definition of disability under the Social Security Act (Act) and can be identified with minimal objective medical information. We are calling this method ``Compassionate Allowances.'' In December 2007, April 2008, November 2008, and July 2009, we held Compassionate Allowance public hearings. These hearings concerned rare diseases, cancers, traumatic brain injury and stroke, early-onset alzheimer's and related dementias, respectively. This hearing is the fifth in the series. The purpose of this hearing is to obtain your views about the advisability and possible methods of identifying and implementing compassionate allowances for young adults with Schizophrenia. We plan to address other medical conditions at subsequent hearings.
10/22/2009RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Malignant Neoplastic DiseasesThis document corrects the preamble to a final rule published in the Federal Register on October 6, 2009, regarding a revision of a medical listing for malignant neoplastic diseases. In that preamble, we cited an incorrect date of publication for the...E9-25424FR-Doc-E9-25424https://www.federalregister.gov/documents/2009/10/22/E9-25424/revised-medical-criteria-for-evaluating-malignant-neoplastic-diseasesThis document corrects the preamble to a final rule published in the Federal Register on October 6, 2009, regarding a revision of a medical listing for malignant neoplastic diseases. In that preamble, we cited an incorrect date of publication for the Notice of Proposed Rule Making (NPRM) that had preceded the final rule.
10/14/2009Proposed RuleSocial Security AdministrationSocial Security AdministrationTransfer of Accumulated Benefit PaymentsWe propose to amend our regulations to allow a representative payee who will no longer be serving in that capacity to transfer accumulated benefit payments and interest directly to a beneficiary if we determine that it would be in the best interest of...E9-24648FR-Doc-E9-24648https://www.federalregister.gov/documents/2009/10/14/E9-24648/transfer-of-accumulated-benefit-paymentsWe propose to amend our regulations to allow a representative payee who will no longer be serving in that capacity to transfer accumulated benefit payments and interest directly to a beneficiary if we determine that it would be in the best interest of the beneficiary. This change would give us more flexibility in deciding how conserved funds should be handled in these circumstances. The change would also reduce or eliminate delays in the delivery of conserved funds to some beneficiaries.
10/06/2009RuleSocial Security AdministrationSocial Security AdministrationRevised Medical Criteria for Evaluating Malignant Neoplastic DiseasesWe are revising some of the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving malignant neoplastic diseases (cancer) \\1\\ under titles II and XVI of the Social Security Act (Act). The revisions reflect our...E9-23896FR-Doc-E9-23896https://www.federalregister.gov/documents/2009/10/06/E9-23896/revised-medical-criteria-for-evaluating-malignant-neoplastic-diseasesWe are revising some of the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving malignant neoplastic diseases (cancer) \\1\\ under titles II and XVI of the Social Security Act (Act). The revisions reflect our adjudicative experience, advances in medical knowledge, diagnosis, and treatment, and public comments we received in response to a Notice of Proposed Rulemaking (NPRM). ---------------------------------------------------------------------------
10/02/2009Proposed RuleDEPARTMENT OF LABORLabor DepartmentTemporary Agricultural Employment of H-2A Aliens in the United States; Extension of Comment PeriodThe Employment and Training Administration and the Employment Standards Administration issued a proposed rule on September 4, 2009, to amend its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or...E9-23806FR-Doc-E9-23806https://www.federalregister.gov/documents/2009/10/02/E9-23806/temporary-agricultural-employment-of-h-2a-aliens-in-the-united-states-extension-of-comment-periodThe Employment and Training Administration and the Employment Standards Administration issued a proposed rule on September 4, 2009, to amend its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural (H-2A) employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. The proposed rule provided a comment period for the regulatory text through October 5, 2009. The agencies have received several requests to extend the comment period and have decided to extend the comment period for an additional 15 days, to October 20, 2009. The comment period for the Paperwork Reduction Act portion remains the same as published, i.e. November 5, 2009.
09/25/2009RuleSocial Security AdministrationSocial Security AdministrationPayments to Beneficiaries Residing in Vietnam and Cambodia and Other Conforming ChangesWe 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...E9-22883FR-Doc-E9-22883https://www.federalregister.gov/documents/2009/09/25/E9-22883/payments-to-beneficiaries-residing-in-vietnam-and-cambodia-and-other-conforming-changesWe 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.
09/23/2009RuleSocial Security AdministrationSocial Security AdministrationAuthorization of Representative FeesWe are revising our rules to allow representatives, in certain instances, to charge and receive a fee from third-party entities without requiring our authorization. We are also eliminating the requirement that we authorize fees for legal guardians or...E9-22842FR-Doc-E9-22842https://www.federalregister.gov/documents/2009/09/23/E9-22842/authorization-of-representative-feesWe are revising our rules to allow representatives, in certain instances, to charge and receive a fee from third-party entities without requiring our authorization. We are also eliminating the requirement that we authorize fees for legal guardians or court- appointed representatives who represent claimants before us if a court has already authorized the fees. We are revising our rules to reflect changes in representatives' business practices and in the ways claimants obtain representation, and to improve the efficiency of our representative fee process.
09/21/2009Proposed RuleJOINT BOARD FOR THE ENROLLMENT OF ACTUARIESJoint Board for Enrollment of ActuariesPerformance of Actuarial Services Under the Employee Retirement Income Security Act of 1974This document contains proposed amendments to 20 CFR part 901 relating to the enrollment of actuaries under section 3042 of the Employee Retirement Income Security Act of 1974 (ERISA). The proposed amendments would update the eligibility requirements...E9-22454FR-Doc-E9-22454https://www.federalregister.gov/documents/2009/09/21/E9-22454/performance-of-actuarial-services-under-the-employee-retirement-income-security-act-of-1974This document contains proposed amendments to 20 CFR part 901 relating to the enrollment of actuaries under section 3042 of the Employee Retirement Income Security Act of 1974 (ERISA). The proposed amendments would update the eligibility requirements for performing actuarial services for ERISA-covered employee pension benefit plans, including the continuing education requirements, and the standards for performing such actuarial services. The proposed amendments would affect employee pension benefit plans and the actuaries providing actuarial services to those plans.
09/04/2009Proposed RuleDEPARTMENT OF LABORLabor DepartmentTemporary Agricultural Employment of H-2A Aliens in the United StatesThe Department of Labor (the Department or DOL) is proposing to amend its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual...E9-21017FR-Doc-E9-21017https://www.federalregister.gov/documents/2009/09/04/E9-21017/temporary-agricultural-employment-of-h-2a-aliens-in-the-united-statesThe Department of Labor (the Department or DOL) is proposing to amend its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. This Notice of Proposed Rulemaking (NPRM or Proposed Rule) reexamines the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2A status. The Department also proposes to amend the regulations at 29 CFR part 501 to provide for sufficient enforcement under the H-2A program so that workers are appropriately protected when employers fail to meet the requirements of the H-2A program.
09/03/2009RuleDEPARTMENT OF LABORLabor DepartmentLabor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes; CorrectionThis document contains a correction to the Final Rule of the H-2B program that was published on December 19, 2008. The Final Rule re-engineers the application filing and review process by centralizing processing and by enabling employers to conduct...E9-21274FR-Doc-E9-21274https://www.federalregister.gov/documents/2009/09/03/E9-21274/labor-certification-process-and-enforcement-for-temporary-employment-in-occupations-other-thanThis document contains a correction to the Final Rule of the H-2B program that was published on December 19, 2008. The Final Rule re-engineers the application filing and review process by centralizing processing and by enabling employers to conduct pre-filing recruitment of United States (U.S.) workers. In addition, the rule enhances the integrity of the H-2B program through the introduction of post- adjudication audits and procedures for penalizing employers who fail to meet program requirements. This rule also makes technical changes to both the H-1B and the permanent labor certification program regulations to reflect operational changes stemming from this regulation.
08/19/2009Proposed RuleDEPARTMENT OF LABORLabor DepartmentWorkforce Investment Act AmendmentsThe Department of Labor (DOL or Department) is announcing the withdrawal of the proposed rule that was published in the Federal Register on December 20, 2006 (71 FR 76558) relating to policy changes to the Workforce Investment Act and Wagner-Peyser Act...E9-19801FR-Doc-E9-19801https://www.federalregister.gov/documents/2009/08/19/E9-19801/workforce-investment-act-amendmentsThe Department of Labor (DOL or Department) is announcing the withdrawal of the proposed rule that was published in the Federal Register on December 20, 2006 (71 FR 76558) relating to policy changes to the Workforce Investment Act and Wagner-Peyser Act Regulations. The Department no longer considers this proposed rule viable for final action at this time.
08/18/2009RuleDEPARTMENT OF LABORLabor DepartmentClaims for Compensation; Death Gratuity Under the Federal Employees' Compensation ActThis document contains the interim final regulations governing the administration of the death gratuity created by section 1105 of the National Defense Authorization Act for Fiscal Year 2008, Public Law 110-181, by the Department of Labor (Department...E9-18523FR-Doc-E9-18523https://www.federalregister.gov/documents/2009/08/18/E9-18523/claims-for-compensation-death-gratuity-under-the-federal-employees-compensation-actThis document contains the interim final regulations governing the administration of the death gratuity created by section 1105 of the National Defense Authorization Act for Fiscal Year 2008, Public Law 110-181, by the Department of Labor (Department or DOL). Section 1105 provides a death gratuity payment to eligible survivors of Federal employees and non-appropriated fund instrumentality employees (NAFI employees) who die of injuries incurred in connection with service with an Armed Force in a contingency operation. Section 1105 amended the Federal Employees' Compensation Act (FECA) to add a new section, designated as section 8102a. The Secretary of Labor has the authority to administer and to decide all questions arising under FECA. 5 U.S.C. 8145. FECA authorizes the Secretary to prescribe rules and regulations necessary for the administration and enforcement of the Act. 5 U.S.C. 8149. The Secretary has delegated the authority provided by 5 U.S.C. 8145 and 8149 to the Assistant Secretary for Employment Standards who then delegated that authority to the Director of the Office of Workers' Compensation Programs (OWCP), who is responsible for the administration and implementation of FECA. 20 CFR 1.1. Thus OWCP will administer the adjudication of claims and the payment of the death gratuity under new section 8102a.
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