Proposed Rule2023-27616
Social Security Number Fraud Prevention Act
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
December 18, 2023
Issuing agencies
Energy Department
Abstract
The Department of Energy (DOE or Department) proposes to revise its regulations regarding records maintained on individuals under the Privacy Act. The revisions would clarify and update procedural requirements pertaining to the inclusion of a Social Security Number (SSN) on documents that the Department sends by mail. These revisions are necessary to implement the SSN Fraud Prevention Act of 2017's restriction on the inclusion of SSNs on documents sent by mail by the Federal Government. Additionally, the Department proposes to maintain a publicly available list authorizing certain designated documents to include SSNs if: inclusion is necessary; and the documents are requested by individuals outside DOE or other Federal agencies. This Notice of Proposed Rulemaking (NOPR) seeks comment on this proposal.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 241 (Monday, December 18, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Proposed Rules]
[Pages 87371-87375]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27616]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 /
Proposed Rules
[[Page 87371]]
DEPARTMENT OF ENERGY
10 CFR Part 1008
[DOE-HQ-2022-0024]
RIN 1903-AA13
Social Security Number Fraud Prevention Act
AGENCY: U.S. Department of Energy.
ACTION: Notice of proposed rulemaking and request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE or Department) proposes to
revise its regulations regarding records maintained on individuals
under the Privacy Act. The revisions would clarify and update
procedural requirements pertaining to the inclusion of a Social
Security Number (SSN) on documents that the Department sends by mail.
These revisions are necessary to implement the SSN Fraud Prevention Act
of 2017's restriction on the inclusion of SSNs on documents sent by
mail by the Federal Government. Additionally, the Department proposes
to maintain a publicly available list authorizing certain designated
documents to include SSNs if: inclusion is necessary; and the documents
are requested by individuals outside DOE or other Federal agencies.
This Notice of Proposed Rulemaking (NOPR) seeks comment on this
proposal.
DATES: To be assured of consideration, written comments on this
proposed rulemaking must be received at one of the addresses provided
in the ADDRESSES section, on or before January 17, 2024. Comments
received following the aforementioned date will be considered if it is
practical to do so. Please refer to section IV (Public Participation--
Submission of Comments) for additional information on the comment
period.
ADDRESSES: You may submit comments identified by docket number DOE-HQ-
2022-0024, as follows:
Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Enter the docket
ID number in the ``Enter Keyword or ID'' field and click on ``Search.''
On the next web page, click on ``Submit a Comment'' action and follow
the instructions in the portal.
Mail/Hand Delivery/Courier [For paper, disk, or CD-ROM submissions]
to: Ken Hunt, U.S. Department of Energy, 1000 Independence Avenue SW,
Office 8H-085, Washington, DC 20585.
Comments received, including any personal information, will be
posted without change to <a href="http://www.regulations.gov">www.regulations.gov</a>.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the docket are listed
in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, some documents listed in the
index, such as those containing information that is exempt from public
disclosure, may not be publicly available. The <a href="http://www.regulations.gov">www.regulations.gov</a> web
page contains instructions on how to access all documents, including
public comments, in the docket. See section IV of this document for
further information on how to submit comments through
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Mr. Kyle David, U.S. Department of
Energy, 1000 Independence Avenue SW, Office 8H-085, Washington, DC
20585; facsimile: (202) 586-8151; email: <a href="/cdn-cgi/l/email-protection#c0abb9aca5eea4a1b6a9a480a8b1eea4afa5eea7afb6"><span class="__cf_email__" data-cfemail="e98290858cc78d889f808da98198c78d868cc78e869f">[email protected]</span></a>,
telephone: (240) 686-9485.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Discussion
III. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 12988
F. Review Under Executive Order 13132
G. Review Under Executive Order 13175
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Review Under Executive Order 12360
J. Review Under Executive Order 13211
K. Review Under the Treasury and General Government
Appropriations Act, 1999
L. Review Under the Treasury and General Government
Appropriations Act, 2001
IV. Public Participation--Submission of Comments
V. Approval by the Office of the Secretary of Energy
I. Authority and Background
A. Authority
DOE has broad authority to regulate the agency's collection, use,
processing, maintenance, storage, and disclosure of SSNs pursuant to
the following authorities: 42 U.S.C. 7101 et seq., 50 U.S.C. 2401 et
seq., 5 U.S.C. 1104, 5 U.S.C. 293, 5 U.S.C. 552, 5 U.S.C. 552a, 42
U.S.C. 7254, 5 U.S.C. 301, and 42 U.S.C. 405 note.
B. Background
The SSN Fraud Prevention Act of 2017 (the Act) (Pub L. 115-59; 42
U.S.C. 405 note), enacted on September 15, 2017, prohibits Federal
agencies from including individuals' full SSN on documents transmitted
by physical mail unless the head of the agency determines that the
inclusion of the full SSN on the document is necessary (section 2(a),
Pub. L. 115-59). The Act requires agency heads to issue regulations
specifying the circumstances under which inclusion of a full SSN on a
document sent by mail is necessary. The Act specifies that these
regulations be issued no later than five years after the date of
enactment, include instructions for the partial redaction of SSNs where
feasible, and require that SSNs not be visible on the outside of any
package sent by mail (section 2(b), Pub. L. 115-59). This proposed rule
would revise 10 CFR 1008.22 (Use and Collection of Social Security
Numbers) consistent with these requirements in the Act. The proposed
revisions would clarify the procedural requirements pertaining to the
inclusion of full SSNs on documents that DOE sends by mail.
II. Discussion
Pursuant to the Act, an agency may not include a SSN on a document
sent by mail unless the Secretary determines that inclusion of the SSN
on the document is necessary. DOE usage of SSNs is necessary in
instances when it is required by law, or fulfills a compelling business
need. The proposed regulatory text would revise 10 CFR 1008.22 to
establish the process by which Departmental Elements may request a
Secretarial waiver of the prohibition on inclusion of SSNs. The
proposed text provides for a Secretarial
[[Page 87372]]
waiver for pre-approved items listed on DOE's ``Un-redacted SSN Mailed
Documents Listing'' (USMDL). This is a list of categories of documents
which the Secretary of Energy, or the Secretary's authorized designee,
has determined to be pre-approved for the inclusion of a full SSN in a
mailed document. The justification for this determination is that the
identified forms are necessary to fulfill a compelling DOE business
need or mission function. DOE developed this list of pre-approved forms
and documents based on responses to annual DOE data calls to assess
which documents (1) contain a full SSN, (2) contain a full SSN that
cannot be redacted, and (3) must be transmitted through physical mail
and include a full SSN. Documents listed on the USMDL include those
related to payroll, human resources, taxes, security, badging, and
Privacy Act and Freedom of Information Act requests. DOE proposes that
forms and documents included on the USMDL will not require a separate
Secretarial waiver to be transmitted by physical mail.
The proposed rule provides that forms and documents not listed on
the USMDL that contain a full SSN and must be transmitted through
physical mail to fulfill a compelling DOE business need will require a
Secretarial waiver in accordance with these regulations. Pursuant to
``Department of Energy Designation Order No. 00-17.00A to the Chief
Information Officer,'' section 1.3, the Chief Information Officer
(CIO), as Senior Agency Official for Privacy (SAOP), has the authority
to implement ``information privacy protection, including compliance
with Federal laws, regulations, and policies that relate to information
privacy and the Privacy Act.'' Pursuant to this authority, for
circumstances where a transmitting DOE Element anticipates the sending
of a particular form or document will be a one-time occurrence, and
under conditions where such transmission is an urgent matter, the
Element may request a conditional, one-time Secretarial waiver from the
DOE SAOP. Similarly, pursuant Designation Order No. 00-17.00A section
1.3, for circumstances where the transmitting element anticipates a
regular and frequent transmission of a particular form or document, the
proposed rule provides that the Element may request that the relevant
form or document be added to the USMDL from the DOE SAOP.
A request by a current or former DOE employee or contractor,
through an internal system, to have a document or form containing that
individual's SSN mailed to the individual will not require a waiver
under the proposed rule.
III. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' 58 FR 51735 (Oct. 4, 1993), as supplemented and reaffirmed by
E.O. 13563, ``Improving Regulation and Regulatory Review,'' 76 FR 3821
(Jan. 21, 2011) and amended by E.O. 14094, ``Modernizing Regulatory
Review,'' 88 FR 21879 (April 11, 2023), requires agencies, to the
extent permitted by law, to (1) propose or adopt a regulation only upon
a reasoned determination that its benefits justify its costs
(recognizing that some benefits and costs are difficult to quantify);
(2) tailor regulations to impose the least burden on society,
consistent with obtaining regulatory objectives, taking into account,
among other things, and to the extent practicable, the costs of
cumulative regulations; (3) select, in choosing among alternative
regulatory approaches, those approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity); (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public. DOE
emphasizes as well that E.O. 13563 requires agencies to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible. In its guidance, the
Office of Information and Regulatory Affairs (OIRA) has emphasized that
such techniques may include identifying changing future compliance
costs that might result from technological innovation or anticipated
behavioral changes. For the reasons stated in the preamble, this
proposed regulatory action is consistent with these principles.
Section 6(a) of E.O. 12866 requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this proposed regulatory action is not a ``significant
regulatory action'' within the scope of E.O. 12866. Accordingly, this
action is not subject to review under E.O. 12866 by OIRA of the Office
of Management and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires that an agency prepare an initial regulatory flexibility
analysis for any regulation for which a general notice of proposed
rulemaking is required, unless the agency certifies that the rule, if
promulgated, will not have a significant economic impact on a
substantial number of small entities (5 U.S.C. 605(b)). As required by
Executive Order 13272, Proper Consideration of Small Entities in Agency
Rulemaking, 67 FR 53461 (Aug. 16, 2002), DOE published procedures and
policies on February 19, 2003, to ensure that the potential impacts of
its rules on small entities are properly considered during the
rulemaking process. 68 FR 7990. DOE has made its procedures and
policies available on the Office of the General Counsel's website
(<a href="https://energy.gov/gc/office-general-counsel">https://energy.gov/gc/office-general-counsel</a>).
DOE reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. DOE certifies that the proposed rule, if adopted,
would not have significant economic impact on a substantial number of
small entities. The factual basis for this certification is set forth
below.
This proposed rule would update DOE's polices and procedures
concerning the transmission by physical mail of documents containing
full SSNs for necessary business purposes. This proposed rule would
apply only to activities conducted by DOE's federal employees and
contractors, who would be responsible for implementing the rule
requirements. DOE does not expect there to be any potential economic
impact of this proposed rule on small businesses. Small businesses,
therefore, should not be adversely impacted by the requirements in this
proposed rule. For these reasons, DOE certifies that this proposed
rule, if promulgated, would not have a significant economic impact on a
substantial number of small entities, and therefore, no regulatory
flexibility analysis has been prepared.
C. Review Under the Paperwork Reduction Act of 1995
This proposed rule does not impose a collection of information
requirement subject to review and approval by OMB under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
[[Page 87373]]
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act of 1969 (NEPA),
DOE has analyzed this proposed action in accordance with NEPA and DOE's
NEPA implementing regulations (10 CFR part 1021). DOE's regulations
include a categorical exclusion (CX) for rulemakings interpreting or
amending an existing rule or regulation that does not change the
environmental effect of the rule or regulation being amended. 10 CFR
part 1021, subpart D, appendix A5. DOE has determined that this
proposed rule is covered under the CX found in DOE's NEPA regulations
at paragraph A.5 of appendix A to subpart D, 10 CFR part 1021, because
it is an amendment to an existing regulation that does not change the
environmental effect of the amended regulation and, therefore, meets
the requirements for the application of this CX. See 10 CFR 1021.410.
Therefore, DOE has determined that this proposed rule is not a major
Federal action significantly affecting the quality of the human
environment within the meaning of NEPA and does not require an
Environmental Assessment or an Environmental Impact Statement.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, Section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Federal agencies the general duty to adhere to the following
requirements: (1) eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; (3) provide a clear legal standard
for affected conduct rather than a general standard; and (4) promote
simplification and burden reduction. Section 3(b) of Executive Order
12988 specifically requires that executive agencies make every
reasonable effort to ensure that the regulation: (1) clearly specifies
the preemptive effect, if any; (2) clearly specifies any effect on
existing Federal law or regulation; (3) provides a clear legal standard
for the affected conduct while promoting simplification and burden
reduction; (4) specifies the retroactive effect, if any; (5) adequately
defines key terms; (6) specifies whether administrative proceedings are
to be required before parties may file suit in court and, if so,
describes those proceedings and requires the exhaustion of
administrative remedies; and (7) addresses other important issues
affecting clarity and general draftsmanship under any guidelines issued
by the Attorney General. Section 3(c) of Executive Order 12988 requires
Executive agencies to review regulations in light of applicable
standards in section 3(a) and section 3(b) to determine whether they
are met or it is unreasonable to meet one or more of the standards. DOE
has completed the required review and determined that, to the extent
permitted by law, this proposed rule meets the relevant standards of
Executive Order 12988.
F. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10,
1999) imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. Agencies are required to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
tentatively determined that it would not preempt State law and would
not have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
No further action is required by Executive Order 13132.
G. Review Under Executive Order 13175
Under Executive Order 13175 (65 FR 67249, November 6, 2000) on
``Consultation and Coordination with Indian Tribal Governments,'' DOE
may not issue a discretionary rule that has ``Tribal'' implications and
imposes substantial direct compliance costs on Indian Tribal
governments. DOE has determined that the proposed rule would not have
such effects and concluded that Executive Order 13175 does not apply to
this proposed rule.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub.
L. 104-4) requires each Federal agency to assess the effects of a
Federal regulatory action on State, local, and Tribal governments, and
the private sector. (Pub. L. 104-4, sec. 201 et seq. (codified at 2
U.S.C. 1531 et seq.)). For a proposed regulatory action likely to
result in a rule that may cause the expenditure by State, local, and
Tribal governments, in the aggregate, or by the private sector of $100
million or more in any one year (adjusted annually for inflation),
section 202 of UMRA requires a Federal agency to publish a written
statement that estimates the resulting costs, benefits, and other
effects on the national economy. (2 U.S.C. 1532(a), (b)) UMRA also
requires a Federal agency to develop an effective process to permit
timely input by elected officers of State, local, and Tribal
governments on a proposed ``significant Federal intergovernmental
mandate,'' and requires an agency plan for giving notice and
opportunity for timely input to potentially affected small governments
before establishing any requirements that might significantly or
uniquely affect them. On March 18, 1997, DOE published a statement of
policy on its process for intergovernmental consultation under UMRA.
(62 FR 12820) (This policy is also available at: <a href="http://www.energy.gov/gc/guidance-opinions">www.energy.gov/gc/guidance-opinions</a> under ``Guidance & Opinions'' (Rulemaking)). DOE
examined the proposed rule according to UMRA and its statement of
policy and has determined that the rule contains neither an
intergovernmental mandate, nor a mandate 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 in any year.
Accordingly, no further assessment or analysis is required under UMRA.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
J. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001) requires Federal agencies to prepare and submit to the
OIRA, which is part of OMB, a Statement of Energy Effects for any
proposed significant energy action. A ``significant energy action'' is
defined as any action by an agency that promulgates or is expected to
lead to promulgation of a final rule,
[[Page 87374]]
and that: (1)(i) is a significant regulatory action under Executive
Order 12866, or any successor order; and (ii) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy, or (2) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use. This proposed
regulatory action is not a significant energy action. Accordingly, DOE
has not prepared a Statement of Energy Effects.
K. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any proposed rule that may affect family
well-being. This proposed rule would not have any impact on the
autonomy or integrity of the family as an institution. Accordingly, DOE
has concluded that it is not necessary to prepare a Family Policymaking
Assessment.
L. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516) provides for Federal agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002),
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002).
Pursuant to OMB Memorandum M-19-15, Improving Implementation of the
Information Quality Act (April 24, 2019), DOE published updated
guidelines which are available at: <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>.
DOE has reviewed this proposed rule and will ensure that
information produced under this regulation remains consistent with the
applicable OMB and DOE guidelines.
IV. Public Participation--Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule before or no later than the date provided in the DATES
section at the beginning of this proposed rule. Interested individuals
are invited to participate in this proceeding by submitting data,
views, or arguments with respect to this proposed rule using the method
described in the ADDRESSES section at the beginning of this proposed
rule. To help the Department review the submitted comments, commenters
are requested to reference the paragraph(s), (e.g., Sec. 1008.22(d)),
to which they refer, where possible.
1. Submitting comments on <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable by DOE's
Office of Privacy Management and Compliance staff only. Your contact
information will not be publicly viewable except for your first and
last names, organization name (if any), and submitter representative
name (if any). If your comment is not processed properly because of
technical difficulties, DOE will use this information to contact you.
If DOE cannot read your comment due to technical difficulties and
cannot contact you for clarification, DOE may not be able to consider
your comment. However, your contact information will be publicly
viewable if you include it in the comment itself or in any documents
attached to your comment. Any information that you do not want to be
publicly viewable should not be included in your comment, nor in any
document attached to your comment. Persons viewing comments will see
only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
<a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received through
<a href="http://www.regulations.gov">www.regulations.gov</a> will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and that are free of any
defects or viruses. Documents should not contain special characters or
any form of encryption and, if possible, they should carry the
electronic signature of the author.
2. Confidential Business Information. Pursuant to the provisions of
10 CFR 1004.11, anyone submitting information or data he or she
believes to be confidential and exempt by law from public disclosure
should submit two well-marked copies: one copy of the document marked
``CONFIDENTIAL'' including all the information believed to be
confidential, and one copy of the document marked ``NON-CONFIDENTIAL''
with the information believed to be confidential deleted. Submit these
documents via email. DOE will make its own determination as to the
confidentiality of the information and treat it according to its
determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
3. Campaign form letters. Please submit campaign form letters by
the originating organization in batches of between 50 to 500 form
letters per PDF or as one form letter with a list of supporters' names
compiled into one or more PDFs. This reduces comment processing and
posting time.
V. Approval by the Office of the Secretary of Energy
The Secretary of Energy has approved publication of this notice of
proposed rulemaking and request for public comment.
List of Subjects in 10 CFR Part 1008
Administration practice and procedure, Freedom of information,
Privacy, Reporting and recordkeeping requirements.
[[Page 87375]]
Signing Authority
This document of the Department of Energy was signed on November
24, 2023, by Ann Dunkin, Senior Agency Official for Privacy, pursuant
to delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on December 12, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, the Department of Energy
proposes to amend part 1008 of chapter X of title 10 of the Code of
Federal Regulations as set forth below:
PART 1008--RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT)
0
1. The authority citation for part 1008 is revised to read as follows:
Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 5
U.S.C. 552; 5 U.S.C. 552a; 42 U.S.C. 7254; and 5 U.S.C. 301. Section
1008.22(c) also issued under 42 U.S.C. 405 note.
0
2. Amend Sec. 1008.22 by adding paragraphs (c) through (e) to read as
follows:
Sec. 1008.22 Use and collection of social security numbers.
* * * * *
(c) Pursuant to the Social Security Number Fraud and Prevention Act
(Pub. L. 115-59; 42 U.S.C. 405 note), Heads of Headquarters Divisions
and Offices and heads of other DOE locations may not include a full
Social Security number on a form or document transmitted by physical
mail unless:
(1) The form or document belongs to a category of forms and
documents listed on the Department's ``Unredacted SSN Mailed Documents
Listing'' (USMDL) as published on the Department's website; or
(2) The Senior Agency Official for Privacy (SAOP) provides a one-
time waiver for the form or document as provided by paragraph (d) of
this section.
(d) The Heads of Headquarters Divisions and Offices and heads of
other DOE locations who have a compelling business need to include a
full social security number on a form or document that is transmitted
by physical mail and which do not belong to a category of form or
document listed on the USMDL may request a conditional, one-time
Secretarial waiver as follows:
(1) The requesting Head of Departmental Element must prepare a
memorandum for submission to the SAOP that:
(i) Identifies the document that requires transmission via physical
mail;
(ii) Explains with specificity the reasons why a full social
security number is required to be transmitted via physical mail on the
document;
(iii) Provides with specificity details on why the social security
number cannot be a partial social security number; and
(iv) Includes any other justification to support the Element's
request, including any legal requirement that necessitates the
Department sending a full social security number through physical mail
for business or mission purposes.
(2) The Departmental Element must send the completed memorandum to
the Chief Privacy Officer (CPO) for review.
(3) The CPO will review the request and forward its recommendation
to the SAOP.
(4) The SAOP will review and approve or reject the Departmental
Element's request.
(5) If the request is approved, the SAOP will issue a memorandum in
response to the Head of the Departmental Element authorizing the
conditional, one-time transmission of the document.
(e) Under circumstances where the transmitting Departmental Element
anticipates a regular and frequent transmission through physical mail
of a particular form or document containing social security numbers not
already listed on the USDML, the Head of the Departmental Element may
request that a new category relevant to the form or document be added
to the USMDL in accordance with the procedures in paragraphs (e)(1)
through (5) of this section:
(1) The requesting Departmental Element must prepare a memorandum
for submission to the SAOP that:
(i) Identifies the document that requires transmission via physical
mail;
(ii) Explains with specificity the reasons why a full social
security number is required to be transmitted via physical mail on the
form or document;
(iii) Provides with specificity details on why the social security
number cannot be a partial social security number; and
(iv) Includes any other justification to support the Element's
request, including any legal requirement that necessitates the
Department sending a full social security number through physical mail
for business or mission purposes.
(2) The Head of the Departmental Element must send the completed
memorandum to the CPO for review.
(3) The CPO will review the request and forward its recommendation
to the SAOP.
(4) The SAOP will review and approve or reject the Element's
request.
(5) If the request is approved, the SAOP will issue a memorandum in
response to the requestor stating the SAOP's determination and DOE will
update the USDML and publish the updated USDML on the Department's
website.
[FR Doc. 2023-27616 Filed 12-15-23; 8:45 am]
BILLING CODE 6450-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 18, 2023.
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.