Proposed Rule2021-21373
Social Security Number Fraud Prevention Act of 2017 Implementation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 6, 2021
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs proposes to amend its regulations implementing the Privacy Act. These revisions would clarify and update the language of procedural requirements pertaining to the inclusion of Social Security account numbers (SSN) on documents that the Department sends by mail. These revisions are also required by the Social Security Number Fraud Prevention Act of 2017, which restricts the inclusion of SSNs on documents sent by mail by the Federal Government.
Full Text
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<title>Federal Register, Volume 86 Issue 191 (Wednesday, October 6, 2021)</title>
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[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Proposed Rules]
[Pages 55547-55548]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21373]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 1
RIN 2900-AR19
Social Security Number Fraud Prevention Act of 2017
Implementation
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: The Department of Veterans Affairs proposes to amend its
regulations implementing the Privacy Act. These revisions would clarify
and update the language of procedural requirements pertaining to the
inclusion of Social Security account numbers (SSN) on documents that
the Department sends by mail. These revisions are also required by the
Social Security Number Fraud Prevention Act of 2017, which restricts
the inclusion of
[[Page 55548]]
SSNs on documents sent by mail by the Federal Government.
DATES: Comments must be received on or before December 6, 2021.
ADDRESSES: Comments may be submitted through <a href="http://www.Regulations.gov">www.Regulations.gov</a>.
Comments should indicate that they are submitted in response to RIN
2900-AR19-Social Security Number Fraud Prevention Act of 2017
Implementation. Comments received will be available at
www.regulations.gov for public viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT: Amy L. Rose, Program Analyst, VA
Privacy Service, 005R1A, 811 Vermont Ave. NW, Washington, DC 20420,
(202) 237-5070. (This is not a toll-free telephone number.)
SUPPLEMENTARY INFORMATION: The Social Security Number Fraud Prevention
Act of 2017 (the Act) (Pub L. 115-59; 42 U.S.C. 405 note), which was
signed on September 15, 2017, restricts federal agencies from including
individuals' SSNs on documents sent by mail unless the head of the
agency determines that the inclusion of the SSN on the document is
necessary (section 2(a) of the Act). The Act requires agency heads to
issue regulations specifying the circumstances under which inclusion of
an SSN on a document sent by mail is necessary. These regulations,
which must be issued not later than five years after the date of
enactment, shall include instructions for the partial redaction of SSNs
where feasible, and shall require that SSNs not be visible on the
outside of any package sent by mail (section 2(b) of the Act). This
proposed rule would revise the Department regulations under the Privacy
Act (38 CFR 1.575), consistent with these requirements in the Act. The
proposed revisions would clarify the language of procedural
requirements pertaining to the inclusion of SSNs on documents that the
Department sends by mail.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
The Office of Information and Regulatory Affairs has determined that
this rule is not a significant regulatory action under Executive Order
12866. The Regulatory Impact Analysis associated with this rulemaking
can be found as a supporting document at www.regulations.gov.
Regulatory Flexibility Act
The Secretary hereby certifies that this proposed rule will not
have a significant economic impact on a substantial number of small
entities as they are defined in the Regulatory Flexibility Act (5
U.S.C. 601-612). The factual basis for this certification is that the
regulation only governs the circumstances under which the Department
includes SSNs in mail issued by the Department. The behavior of small
entities is not addressed in the regulation and is therefore not
impacted. Therefore, pursuant to 5 U.S.C. 605(b), the initial and final
regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604 do
not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This proposed rule will have no such effect
on State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
This proposed rule contains no provisions constituting a collection
of information under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3521).
Catalog of Federal Domestic Assistance
There are no Catalog of Federal Domestic Assistance numbers and
titles for this rule.
List of Subjects in 38 CFR Part 1
Disability benefits, Pensions, Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on September 24, 2021, and authorized the undersigned to sign
and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs proposes to amend 38 CFR 1.575, as set forth below:
PART 1--GENERAL PROVISIONS
0
1. Revise the authority citation for part 1 to read as follows:
Authority: 38 U.S.C. 5101, and as noted in specific sections.
0
2. Amend Sec. 1.575 by adding paragraph (d) to read as follows:
Sec. 1.575 Social Security Numbers in Veterans' Benefits Matters.
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(d) A document the Department sends by mail may not include the
social security number of an individual except as provided below:
(1) The social security number must be truncated to no more than
the last four digits; or
(2) If truncation of the social security number is not feasible:
(i) The Senior Agency Official for Privacy, the Chief Privacy
Officer, and the Social Security Number Advisory Board (SSNAB) must
jointly determine that inclusion of the social security number on the
document is necessary as required by law; to comply with another legal
mandate; to identify a specific individual where no adequate substitute
is available; or to fulfill a compelling Department business need;
(ii) The document that includes the complete social security number
of an individual must be listed on the Complete Social Security Number
Mailed Documents Listing on a publicly available website; and
(iii) No portion of the social security number may be visible on
the outside of any mailing.
[FR Doc. 2021-21373 Filed 10-5-21; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on October 6, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.