[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Proposed Rules]
[Pages 57366-57368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24851]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 401

[Docket No. SSA-2018-0004]
34RIN 0960-AH97


Security and Suitability Files

AGENCY: Social Security Administration.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Social Security Administration (SSA) separately published, 
in today's Federal Register, notice of a new system of records, 
entitled Security and Suitability Files. This rulemaking proposed to 
remove two systems of records listed in our exemptions, but which do 
not exist, and will replace them with a new exemption for this 
specified system of records from specific provisions of the Privacy 
Act, under 5 U.S.C. 552a(k)(5).

DATES: To ensure that your comments are considered, we must receive 
them no later than December 17, 2018.

ADDRESSES: You may submit comments by any one of three methods--
internet,

[[Page 57367]]

fax, or mail. Do not submit the same comments multiple times or by more 
than one method. Regardless of which method you choose, please state 
that your comments refer to Docket No. SSA-2018-0004, so that we may 
associate your comments with the correct regulation.
    Caution: You should be careful to include in your comments only 
information that you wish to make publicly available. We strongly urge 
you not to include in your comments any personal information, such as 
Social Security numbers or medical information.
    1. Internet: We strongly recommend that you submit your comments 
via the internet. Please visit the Federal eRulemaking portal at http://www.regulations.gov. Use the Search function to find docket number 
SSA-2018-0004. The system will issue a tracking number to confirm your 
submission. You will not be able to view your comment immediately 
because we must post each comment manually. It may take up to a week 
for your comment to be viewable.
    2. Fax: Fax comments to (410) 966-2830.
    3. Mail: Address your comments to the Office of Regulations and 
Reports Clearance, Social Security Administration, 3100 West High Rise, 
6401 Security Boulevard, Baltimore, Maryland 21235-6401.
    Comments are available for public viewing on the Federal 
eRulemaking portal at http://www.regulations.gov or in person, during 
regular business hours, by arranging with the contact person identified 
below.

FOR FURTHER INFORMATION CONTACT: Jasson Seiden, Government Information 
Specialist, Privacy Implementation Division, Office of Privacy and 
Disclosure, Office of the General Counsel, SSA, Room G-401 West High 
Rise, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, 
telephone: (410) 597-4307, email: [email protected]. For 
information on eligibility or filing for benefits, call our national 
toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our 
internet site, Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with the Privacy Act (5 U.S.C. 552a) we are issuing 
public notice of our intent to establish a new system of records 
entitled, Security and Suitability Files (60-0377).
    We are establishing the Security and Suitability Files to govern 
the information we generate in conducting personnel security and 
suitability background investigations. With limited exceptions, persons 
appointed to, and under consideration for, Federal service or contract 
employment are required to submit to a suitability background 
investigation. The Deputy Commissioner for Human Resources, Office of 
Personnel, Center for Suitability and Personnel Security (CSPS) 
oversees and is responsible for adjudicating these investigations. 
Information collected as part of the agency's suitability and 
background investigations process that is sent to the Office of 
Personnel Management (OPM) is covered by OPM/Central-9, Personnel 
Investigations Records. The Security and Suitability Files we are 
creating covers any additional security and suitability related 
information generated by SSA that is not sent to OPM. We will use the 
information we collect to conduct background investigations to 
establish that individuals employed by SSA, working for SSA under 
contract, or otherwise granted access to agency facilities and records 
are suitable for such employment or access.
    Due to the investigatory nature of information that will be 
maintained in this system of records, this rule would add the Security 
and Suitability Files to the list of SSA systems that are exempt from 
specific provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(5).

Rulemaking Analyses and Notices

    All comments received on or before the close of business on the 
comment closing date indicated above will be considered and will be 
available for examination in the docket at the above address. Comments 
received after the comment closing date will be filed in the docket and 
will be considered to the extent practicable. A final rule may be 
published at any time after close of the comment period.

Clarity of This Rule

    Executive Order 12866, as supplemented by Executive Order 13563, 
requires each agency to write all rules in plain language. In addition 
to your substantive comments on this interim final rule, we invite your 
comments on how to make the rule easier to understand.
    For example:
     Would more, but shorter, sections be better?
     Are the requirements in the rule clearly stated?
     Have we organized the material to suit your needs?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?
     Does the rule contain technical language or jargon that is 
not clear?
     Would a different format make the rule easier to 
understand, e.g. grouping and order of sections, use of headings, 
paragraphing?

Regulatory Procedures

    SSA will publish a final rule responding to any comments received 
and, if appropriate, will amend provisions of the rule.

Executive Order 12866, as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this proposed rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563.
    We also determined that this proposed rule meets the plain language 
requirement of Executive Order 12866.

Executive Order 13132 (Federalism)

    This proposed rule was analyzed in accordance with the principles 
and criteria established by Executive Order 13132, and SSA determined 
that the proposed rule will not have sufficient Federalism implications 
to warrant the preparation of a Federalism assessment. SSA also 
determined that this proposed rule will not preempt any State law or 
State regulation or affect the States' abilities to discharge 
traditional State governmental functions.

Executive Order 12372 (Intergovernmental Review)

    The regulations effectuating Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities apply 
to this proposed rule.

Regulatory Flexibility Act

    We certify that this proposed rule will not have a significant 
economic impact on a substantial number of small entities because it 
affects individuals only. Therefore, the Regulatory Flexibility Act, as 
amended, does not require us to prepare a regulatory flexibility 
analysis.

Paperwork Reduction Act

    These rules do not create any new or affect any existing 
collections and, therefore, do not require Office of Management and 
Budget approval under the Paperwork Reduction Act.

[[Page 57368]]

List of Subjects in 20 CFR Part 401

    Privacy and disclosure of official records and information.

Nancy A. Berryhill,
Acting Commissioner of Social Security.

    For the reasons stated in the preamble, we propose to amend part 
401 of title 20 of the Code of Federal Regulations as set forth below:

PART 401--PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND 
INFORMATION

0
1. The authority citation for part 401 continues to read as follows:

    Authority: Secs. 205, 702(a)(5), 1106, and 1141 of the Social 
Security Act (42 U.S.C. 405, 902(a)(5), 1306, and 1320b-11); 5 
U.S.C. 552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 30 U.S.C. 923.

0
2. Amend Sec.  401.85 by revising paragraph (b)(2)(iii)(A) and removing 
and reserving paragraph (b)(2)(iii) (B):

* * * * *
    (b) * * *
    (2) * * *
    (iii) * * *
    (A) Security and Suitability Files.
* * * * *
[FR Doc. 2018-24851 Filed 11-14-18; 8:45 am]
 BILLING CODE 4191-02-P