Rule2024-10858
Social Security Number Fraud Prevention Act of 2017
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
May 20, 2024
Effective
June 20, 2024
Issuing agencies
Energy Department
Abstract
The Department of Energy (DOE or Department) revises 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.
Full Text
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<title>Federal Register, Volume 89 Issue 98 (Monday, May 20, 2024)</title>
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[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Rules and Regulations]
[Pages 43733-43737]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10858]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 98 / Monday, May 20, 2024 / Rules and
Regulations
[[Page 43733]]
DEPARTMENT OF ENERGY
10 CFR Part 1008
[DOE-HQ-2023-0058]
RIN 1903-AA14
Social Security Number Fraud Prevention Act of 2017
AGENCY: U.S. Department of Energy.
ACTION: Final rule.
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SUMMARY: The Department of Energy (DOE or Department) revises 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.
DATES: This final rule is effective on June 20, 2024.
FOR FURTHER INFORMATION CONTACT: 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#53382a3f367d3732253a37133b227d373c367d343c25"><span class="__cf_email__" data-cfemail="87ecfeebe2a9e3e6f1eee3c7eff6a9e3e8e2a9e0e8f1">[email protected]</span></a>, telephone:
(240) 686-9485.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Discussion
III. Summary of Public Comments
IV. Section 1008.22 Analysis
V. 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
M. Congressional Notification
VI. 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 rule would
revise 10 CFR 1008.22 (Use and collection of Social Security numbers)
consistent with these requirements in the Act. The revisions 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 regulatory text revises 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 text provides for a
Secretarial 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.
This final 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
[[Page 43734]]
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
final 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 this final rule.
III. Summary of Public Comments
On December 18, 2023, DOE published a notice of proposed rulemaking
seeking comments on its proposition to revise its regulations in
accordance with the previous discussion section. (88 FR 87371) The 30-
day public comment period of this notice of proposed rulemaking ended
on January 17, 2024. No public comments were received.
IV. Section 1008.22 Analysis
This final rule adds new paragraphs (c)(1) through (c)(2), which
prohibit heads of Headquarters Divisions and Offices and heads of other
DOE locations from including a full Social Security number on a form or
document transmitted by physical mail except under the listed
circumstances.
This final rule adds new paragraphs (d)(1) through (d)(5), which
describe the process through which heads of Headquarters Divisions and
Offices and heads of other DOE locations may request a one-time
Secretarial waiver in order to transmit a full Social Security number
on a form or document by physical mail.
This final rule also adds new paragraphs (e)(1) through (e)(5),
which describe the process through which heads of Headquarters
Divisions and Offices and heads of other DOE locations that anticipate
frequent transmission through physical mail of a particular form or
document containing full Social Security numbers not already listed on
the USMDL may request that a new category relevant to the form or
document be added to the USMDL.
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 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 this preamble, this
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 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 (IRFA) and a final regulatory flexibility analysis (FRFA) 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="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>).
DOE reviewed this final rule under the provisions of the Regulatory
Flexibility Act and the procedures and policies published on February
19, 2003. DOE certifies that the final 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 final rule updates DOE's policies and procedures concerning
the disclosure of records held within a System of Records pursuant to
the Privacy Act of 1974. This final 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 final rule on small
businesses. Small businesses, therefore, should not be adversely
impacted by the requirements in this final rule. For these reasons, DOE
certifies that this final rule will not have a significant economic
impact on a substantial number of small entities. Accordingly, DOE has
not prepared a regulatory flexibility analysis for this rulemaking.
DOE's certification and supporting statement of factual basis will be
provided to the Chief Counsel for Advocacy of the Small Business
Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
This final rule does not impose a collection of information
requirement
[[Page 43735]]
subject to review and approval by OMB under the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.).
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act of 1969 (NEPA),
DOE has analyzed this 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 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 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 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 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 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 rule would not have such
effects and concluded that Executive Order 13175 does not apply to this
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 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
``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 final 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 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
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, and that:
[[Page 43736]]
(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 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 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 rule that may affect family well-being.
This 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 rule and will ensure that information
produced under this regulation remains consistent with the applicable
OMB and DOE guidelines.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that the Office of Information and Regulatory Affairs has
determined that the rule does not, meet the criteria set forth in 5
U.S.C. 804(2).
VI. Approval by the Office of the Secretary of Energy
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 1008
Administration practice and procedure, Freedom of information,
Privacy, Reporting and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on May 14,
2024, 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 May 14, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, the Department of Energy
amends 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:
0
a. Revising the section heading;
0
b. Removing ``social security'' and adding in its place ``Social
Security'' wherever it appears in paragraphs (a) and (b); and
0
c. Adding paragraphs (c) through (e).
The revision and additions 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
[[Page 43737]]
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. 2024-10858 Filed 5-17-24; 8:45 am]
BILLING CODE 6450-01-P
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