Rule2022-23062
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 24, 2022
Effective
October 24, 2022
Issuing agencies
National Science Foundation
Abstract
NSF is adding a section to its Privacy Act regulations to implement restrictions on the use of Social Security numbers in documents mailed by NSF. These restrictions are required by the Social Security Number Fraud Prevention Act of 2017. The rule is intended to help reduce the potential risk of identity theft from fraudulent or other unauthorized acquisition of Social Security numbers from any NSF mailings.
Full Text
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<title>Federal Register, Volume 87 Issue 204 (Monday, October 24, 2022)</title>
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[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Rules and Regulations]
[Pages 64167-64169]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23062]
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NATIONAL SCIENCE FOUNDATION
45 CFR Part 613
RIN 3145-AA66
Social Security Number Fraud Prevention Act of 2017
Implementation
AGENCY: National Science Foundation (NSF).
ACTION: Final rule; request for comments.
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SUMMARY: NSF is adding a section to its Privacy Act regulations to
implement restrictions on the use of Social Security numbers in
documents mailed by NSF. These restrictions are required by the Social
Security Number Fraud Prevention Act of 2017. The rule is intended to
help reduce the potential risk of identity theft from fraudulent or
other unauthorized acquisition of Social Security numbers from any NSF
mailings.
DATES: The rule is effective October 24, 2022. Comments, if any, are
requested by November 23, 2022.
ADDRESSES: Submit comments, if any, through the Federal e-rulemaking
portal, <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the body of your comment,
please indicate that it is in response to ``RIN 3145-AA66-Social
Security Number Fraud Prevention Act of 2017 Implementation.'' If you
are unable to submit your comment through the portal, please see the
FOR FURTHER INFORMATION CONTACT section of this document to obtain
alternate submission instructions. Comments may be made publicly
available for routine viewing, inspection, and copying on <a href="https://www.regulations.gov">https://www.regulations.gov</a> and/or on the NSF website, <a href="https://www.nsf.gov">https://www.nsf.gov</a>, and
are subject to disclosure under NSF's Freedom of Information Act
regulations at 45 CFR part 612. For this reason, do not include in your
comment information of a confidential nature, such as sensitive
personal information or proprietary information, or any other
information that you would not want publicly disclosed.
FOR FURTHER INFORMATION CONTACT: Alex Tang, Assistant General Counsel,
National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA
22314, (703) 292-8547.
SUPPLEMENTARY INFORMATION: The Social Security Number Fraud Prevention
Act of 2017, Public Law 115-59, 131 Stat. 1152 (Sept. 15, 2017),
codified at 42 U.S.C. 405 note, restricts federal agencies from
including Social Security numbers (SSNs) of individuals on documents
sent by mail unless the head of the agency determines that including
the SSN on the mailing is necessary. The Act requires agency heads to
issue regulations, within five years of the Act, specifying the
circumstances under which including an SSN on a document sent by mail
is necessary. The Act requires that the regulations include
instructions for the partial redaction of SSNs where feasible, and
requires that SSNs not be visible on the outside of any package sent by
mail.
To implement these requirements, NSF is amending its existing
Privacy Act regulations (45 CFR part 613) to add a new Sec. 613.7, and
to make a
[[Page 64168]]
conforming amendment to Sec. 613.1, which describes the scope of part
613, to accommodate the new rule. The rule prohibits including an
individual's SSN on any document that NSF sends by mail unless it is
necessary, as determined by the Director of NSF (or other agency
official whom the Director may designate). If so, the rule requires
that the SSN be truncated to display no more than the last four digits
or, if such truncation is not feasible, the document may include
additional SSN digits or the full SSN, as needed, but only under
certain circumstances, i.e.: if required by law (e.g., statute, court
order, or other legal mandate); to identify a specific individual where
no adequate substitute is available; or to fulfill some other
compelling NSF business need. In all cases, the rule prohibits any SSN,
truncated or not, from being visible on the outside of any NSF mailing.
Consistent with the language of the Act, and with the legislative
intent and examples discussed in the House report (H.R. Rep. No. 115-
150, pt. 1) accompanying the Act, the rule is limited to printed
documents or correspondence mailed by NSF, including printed documents
or correspondence mailed by a contractor acting on NSF's behalf. The
rule does not apply to emails or other documents, correspondence, or
communications transmitted by electronic means (e.g., via web portals).
The rule is also not intended to apply to mailings, if any, by NSF
award recipients or other individuals or entities using financial or
other support or assistance from NSF, as their award terms and
conditions do not normally direct or authorize them to send mailings or
otherwise take any actions on NSF's behalf.
Administrative Procedure Act
This rule of agency organization, procedure, or practice is exempt
from the prior public notice and comment requirements of the
Administrative Procedure Act. See 5 U.S.C. 553(b)(A). Accordingly, it
is not being published in proposed form before being published as final
and effective. There is also no need to delay the effective date of the
rule by 30 days, as normally required for substantive rules. See 5
U.S.C. 553(d). Instead, there is good cause to make the rule effective
immediately, as it is merely procedural and reflects a statutory
requirement that is already in effect (i.e., documents mailed by the
agency may not include an SSN unless the agency head determines it is
necessary). Id. Nonetheless, NSF will accept comments, if any, on the
rule from interested parties, as provided in the ADDRESSES section of
this document. NSF will consider such comments, if any, and may modify
the rule on the basis of such comments, or as the agency may otherwise
deem necessary or appropriate.
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.
This rule is not a significant regulatory action subject to review by
the Office of Management & Budget (OMB), Office of Information and
Regulatory Affairs (OIRA) under Executive Order 12866, section 6(a).
Executive Order 13132
Executive Order 13132 (Federalism) prohibits an agency from
publishing any rule that has federalism implications if the rule
imposes substantial direct compliance costs on state and local
governments and is not required by statute, or the rule preempts state
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive order. This final rule does not have any
federalism implications, as described above.
Regulatory Flexibility Act
NSF hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as defined in the Regulatory Flexibility Act (5 U.S.C. 601-612). The
factual basis for this certification is that the rule governs only the
circumstances under which NSF includes SSNs in documents mailed by the
NSF. The rule does not apply to mailings by small entities, other than
any contractors who may be engaged to send mailings on NSF's behalf.
Even in those cases, the economic impact would fall on NSF, not on the
contractor, to determine to what extent, if any, a mailing needs to
include an SSN in whole or part, and to pay mailing costs. In any
event, NSF does not expect the volume of such mailings, if any, to be
significant. Accordingly, 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 that agencies
prepare a written statement analyzing and estimating 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. See 2 U.S.C. 1532. The Act further requires
that the agency publish a summary of such statement with the agency's
proposed and final rules. No statement or summary is required, since
the rule will not result in the above-stated expenditure by State,
local, and tribal governments, or by the private sector.
Section 1 of Executive Order 12785 requires the agency to submit a
description of the extent of its prior consultation with
representatives of affected State, local, and tribal governments,
together with the agency's position, to OMB to support the need for any
regulation that is not required by statute, if the direct compliance
costs incurred by such governments will not be funded by the Federal
Government (i.e., an unfunded mandate). The Executive order does not
apply, since the rule is required by statute and, in any event, imposes
no mandate or compliance obligations, unfunded or otherwise, on any
State, local, or tribal government.
Congressional Review Act
A major rule cannot take effect until 60 days after it is published
in the Federal Register. This rule is not a major rule under 5 U.S.C.
801.
Paperwork Reduction Act
This rule contains no information collection, recordkeeping, or
disclosure provisions that would constitute information collection
activities subject to the OMB clearance requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3521).
List of Subjects in 45 CFR Part 613
Personally identifiable information, Privacy, Social security.
For the reasons stated in the preamble, NSF amends part 613, title
45 of the Code of Federal Regulations, as set forth below:
PART 613--PRIVACY ACT REGULATIONS
0
1. Revise the authority citation for part 613 to read as follows:
Authority: 5 U.S.C. 552a; for Sec. 613.7, 42 U.S.C. 405 note,
Pub L. 115-59, 131 Stat. 1152.
[[Page 64169]]
0
2. In Sec. 613.1, add a sentence at the end to read as follows:
Sec. 613.1 General Provisions.
* * * This part also includes regulations required by the Social
Security Fraud Prevention Act of 2017 to limit the use of Social
Security numbers on documents mailed by the National Science Foundation
(NSF or Foundation).
0
3. Add Sec. 613.7 to read as follows:
Sec. 613.7 Social Security numbers on documents mailed by NSF.
(a) A document that NSF sends by mail shall not include the Social
Security number (SSN) of an individual, except where the NSF Director
(or other agency official whom the NSF Director may designate)
determines that it is necessary. If so, the SSN must be truncated to
the extent feasible, as follows--
(1) The document shall include no more than the last four digits of
the SSN; or
(2) If the document needs to include more digits, then only where
they are:
(i) Required by law (including, but not limited to, a statute,
court order, or other legal mandate);
(ii) Needed to identify a specific individual when no adequate
substitute is available; or
(iii) Needed to fulfill some other compelling NSF business need.
(b) No portion of an SSN may be visible on the outside of any NSF
mailing.
(c) For purposes of this section, ``mail'' and ``mailing'' means
printed documents or correspondence, and does not include emails or any
other documents, correspondence, or communications in electronic form.
(d) The requirements of this section shall apply to mail sent by
NSF, including mailings by a contractor on NSF's behalf, on or after
October 24, 2022.
Dated: October 17, 2022.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science Foundation.
[FR Doc. 2022-23062 Filed 10-21-22; 8:45 am]
BILLING CODE 7555-01-P
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</html>Indexed from Federal Register on October 24, 2022.
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