News & Information

CCH® UNEMPLOYMENT INSURANCE — 5/23/16

SSA issues proposed regs implementing provisions of the NICS Improvement Amendments Act of 2007 (new Part 421)

The SSA proposes 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, the agency would identify, on a prospective basis, individuals who receive Disability Insurance (DI) benefits under Title II of the Social Security 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 and receipt of benefits through a representative payee.

The SSA proposes 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, the agency also would 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, the SSA also proposes to establish a program that permits individuals to request relief from the federal firearms prohibitions based on its adjudication. The proposed rule would allow the SSA to fulfill responsibilities that it has under the NIAA.

Comments must be submitted no later than July 5, 2016, in order to be considered.

For further information, contact the Social Security Administration at either 410-965-3735 or Regulations@ssa.gov (81 Fed. Reg. 27059, May 5, 2016).