[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Proposed Rules]
[Pages 18481-18483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06490]


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DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Part 4

[Docket No. 200117-0024]
RIN 0605-AA49


Social Security Number Fraud Prevention Act of 2017 
Implementation

AGENCY: Office of the Secretary, Department of Commerce.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed rule would revise the Department of Commerce 
(Department) regulations under the Freedom of Information Act (FOIA) 
and the Privacy Act. The revisions would clarify and update the 
language of procedural requirements pertaining to the inclusion of 
Social Security account numbers (SSNs) on documents that the Department 
sends by mail. These revisions are necessary to implement the Social 
Security Number Fraud Prevention Act of 2017, which restricts the 
inclusion of Social Security Numbers (SSNs) on documents sent by mail 
by the Federal Government.

DATES: Submit comments on or before April 24, 2020. Comments received 
by mail will be considered timely if they are postmarked on or before 
that date. The electronic Federal Docket Management System (FDMS) will 
accept comments until Midnight Eastern Time at the end of that day.

ADDRESSES: You may submit comments, identified by Regulatory 
Information Number (RIN) 0605-AA49, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Departmental Privacy Act Officer, Office of Privacy 
and Open

[[Page 18482]]

Government, Department of Commerce, 1401 Constitution Ave. NW, Mail 
Stop 61025, Washington, DC 20230.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this rulemaking. All comments received 
will be posted without change to regulations.gov, including any 
personal information provided. Comments sent by any other method, to 
any other address or individual, or received after the end of the 
comment period, may not be considered by the Department.

FOR FURTHER INFORMATION CONTACT: Departmental Privacy Act Officer, 
Office of Privacy and Open Government, United States Department of 
Commerce, (202) 482-1190.

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 
a 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 Freedom of 
Information Act (FOIA) (subpart A, 15 CFR part 4) and the Privacy Act 
(subpart B, 15 CFR part 4), 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. The proposed rule also makes clarifying 
updates by changing the term ``Privacy Officer'' to ``Privacy Act 
Officer'' where it occurs in Subpart B of 15 CFR part 4, and by 
changing the term ``FOI Officer'' to ``FOIA Officer'' in several places 
in Appendix B, The proposed rule also updates an office name by 
changing the phrase ``Assistant General Counsel for Employment, 
Litigation, and Oversight'' to ``Assistant General Counsel for 
Employment, Litigation, and Information'' where it occurs in part 4.

Classification

    This proposed rule has been determined to be significant for 
purposes of review under Executive Order 12866. This proposed rule is 
not subject to the requirements of Executive Order 13771 because it is 
expected to result in no more than de minimis costs to citizens and 
residents of the United States. In accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), the Chief Counsel for Regulation has 
reviewed this rule and certifies that this regulation, if implemented, 
will not have a significant economic impact on a substantial number of 
small entities. This rule is largely procedural in nature, and, 
therefore, will not affect requesters. This regulation does not contain 
a collection of information as defined by the Paperwork Reduction Act, 
44 U.S.C. 3501, et seq.

List of Subjects in 15 CFR Part 4

    Appeals, Freedom of Information Act, Information, Privacy, Privacy 
Act.

Catrina D. Purvis,
Chief Privacy Officer, and Director of Open Government.

    For the reasons stated in the preamble, the Department of Commerce 
proposes to amend Subpart B of 15 CFR part 4 as follows:

PART 4--DISCLOSURE OF GOVERNMENT INFORMATION

0
1. The authority citation for part 4 continues to read as follows:

    Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.SC. 
553; 31 U.S.C. 3717; 44 U.S.C. 3101; Reorganization Plan No. 5 of 
1950; Pub. L. 115-59, 131 Stat. 1152 (42 U.S.C. 405, note).

Subpart A--Freedom of Information Act

0
2. In Sec.  4.7, revise paragraph (d) to read as follows:


Sec.  4.7  Responses to Requests.

* * * * *
    (d) All responses shall be made subject to the provisions of Sec.  
4.25(b)(2)(iv).
* * * * *

Subpart B [Amended]

0
3. Amend subpart B by removing the words ``Privacy Officer'' wherever 
they appear and adding in their place the words ``Privacy Act 
Officer''.
0
4. Amend Sec.  4.22:
0
a. In paragraph (b)(7), emoving the words ``Privacy Officer'' and 
adding, in their place, the words ``Privacy Act Officer''; and
0
b. Adding new paragraph (b)(10).
    The addition reads as follows:


Sec.  4.22  Definitions

* * * * *
    (b) * * *
    (10) Un-redacted SSN Mailed Documents Listing (USMDL) means the 
Department approved list, as posted at www.commerce.gov/privacy, 
designating those_documents for which the inclusion of the Social 
Security number (SSN) is determined to be necessary to fulfill a 
compelling Department business need when the documents are requested by 
individuals outside the Department or other Federal agencies, as 
determined jointly by the Senior Agency Official for Privacy and the 
Departmental Privacy Act Officer.
0
5. Amend Sec.  4.25 by:
0
a. Adding paragraphs (a)(3) and (4); and
0
b. Revising paragraph (b)(2)(iii), and adding paragraphs (b)(2)(iv) and 
(v).
    The additions and revisions read as follows:


Sec.  4.25  Disclosure of requested records to individuals [Amended]

    (a) * * *
    (3) Inclusion of Social Security Numbers (SSNs) on responsive 
documents.
    The Department shall redact SSNs from responsive documents provided 
to requesters where feasible. Where full redaction is not feasible, 
partial redaction to create a truncated SSN shall be preferred to no 
redaction.: The following conditions must be met for the inclusion of 
an unredacted (full) SSN or partially redacted (truncated) SSN on a 
responsive document:
    (i) The inclusion of the full SSN or truncated SSN of an individual 
must be required or authorized by law,
    (ii) The inclusion of the full SSN or truncated SSN of an 
individual must be determined by the Senior Agency Official for Privacy 
and Departmental Privacy Act Officer to be necessary to fulfill a 
compelling Department business need; and
    (iii) The full SSN of an individual may be included only on 
documents listed on the USMDL.
    (4) The following requirements apply when the Department mails or 
delivers responsive documents containing SSNs or truncated SSNs:
    (i) The full SSN of an individual may be included only on documents 
listed on the USMDL.
    (ii) For documents that are listed on the USMDL and that include 
the full SSN of an individual, the signature of the recipient is 
required upon delivery.
    (iii) For documents that include the truncated form of the SSN of 
an individual, the signature of the recipient is required upon 
delivery.

[[Page 18483]]

    (iv) The full SSN, the truncated SSN, any part of the SSN of an 
individual must not be visible from the outside of the envelope or 
package.
    (b) * * *
    (2) * * *
    (iii) Copies of documents may be mailed at the request of the 
individual, and may be subject to payment of the fees prescribed in 
Sec. Sec.  4.25(a)(3) and 4.31. In the event that the Department, at 
its own initiative, elects to provide a copy by mail, no fee will be 
charged to the individual.
    (iv) Copies of documents listed on the USMDL, include full SSNs, 
and are requested by an individual are subject to payment of the fees 
prescribed in Sec.  4.31.
    (v) Documents containing SSNs or truncated SSNs that are required 
to be returned by the individual to the Department will be mailed or 
delivered along with a prepaid mail or delivery service envelope at the 
expense of the Department.
* * * * *

Appendix B to Part 4 [Amended]

0
6. Amend Appendix B to part 4 by adding the word ``Act'' after the 
phrase ``Departmental Freedom of Information'' wherever it appears, 
after the phrase ``Executive Secretary; Freedom of Information'', and 
before the phrase ``Officer for the Office of the Secretary''.
[FR Doc. 2020-06490 Filed 4-1-20; 8:45 am]
 BILLING CODE 3510-17-P