[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Proposed Rules]
[Pages 55547-55548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21373]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 1

RIN 2900-AR19


Social Security Number Fraud Prevention Act of 2017 
Implementation

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: The Department of Veterans Affairs proposes to amend its 
regulations implementing the Privacy Act. These revisions would clarify 
and update the language of procedural requirements pertaining to the 
inclusion of Social Security account numbers (SSN) on documents that 
the Department sends by mail. These revisions are also required by the 
Social Security Number Fraud Prevention Act of 2017, which restricts 
the inclusion of

[[Page 55548]]

SSNs on documents sent by mail by the Federal Government.

DATES: Comments must be received on or before December 6, 2021.

ADDRESSES: Comments may be submitted through www.Regulations.gov. 
Comments should indicate that they are submitted in response to RIN 
2900-AR19-Social Security Number Fraud Prevention Act of 2017 
Implementation. Comments received will be available at 
www.regulations.gov for public viewing, inspection or copies.

FOR FURTHER INFORMATION CONTACT: Amy L. Rose, Program Analyst, VA 
Privacy Service, 005R1A, 811 Vermont Ave. NW, Washington, DC 20420, 
(202) 237-5070. (This is not a toll-free telephone number.)

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 
an 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 Privacy 
Act (38 CFR 1.575), 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.

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. 
The Office of Information and Regulatory Affairs has determined that 
this rule is not a significant regulatory action under Executive Order 
12866. The Regulatory Impact Analysis associated with this rulemaking 
can be found as a supporting document at www.regulations.gov.

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule will not 
have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act (5 
U.S.C. 601-612). The factual basis for this certification is that the 
regulation only governs the circumstances under which the Department 
includes SSNs in mail issued by the Department. The behavior of small 
entities is not addressed in the regulation and is therefore not 
impacted. Therefore, 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, at 2 U.S.C. 
1532, that agencies prepare an assessment of 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. This proposed rule will have no such effect 
on State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act

    This proposed rule contains no provisions constituting a collection 
of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3521).

Catalog of Federal Domestic Assistance

    There are no Catalog of Federal Domestic Assistance numbers and 
titles for this rule.

List of Subjects in 38 CFR Part 1

    Disability benefits, Pensions, Veterans.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved this 
document on September 24, 2021, and authorized the undersigned to sign 
and submit the document to the Office of the Federal Register for 
publication electronically as an official document of the Department of 
Veterans Affairs.

Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy & 
Management, Office of General Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, the Department of Veterans 
Affairs proposes to amend 38 CFR 1.575, as set forth below:

PART 1--GENERAL PROVISIONS

0
1. Revise the authority citation for part 1 to read as follows:

    Authority:  38 U.S.C. 5101, and as noted in specific sections.

0
2. Amend Sec.  1.575 by adding paragraph (d) to read as follows:


Sec.  1.575  Social Security Numbers in Veterans' Benefits Matters.

* * * * *
    (d) A document the Department sends by mail may not include the 
social security number of an individual except as provided below:
    (1) The social security number must be truncated to no more than 
the last four digits; or
    (2) If truncation of the social security number is not feasible:
    (i) The Senior Agency Official for Privacy, the Chief Privacy 
Officer, and the Social Security Number Advisory Board (SSNAB) must 
jointly determine that inclusion of the social security number on the 
document is necessary as required by law; to comply with another legal 
mandate; to identify a specific individual where no adequate substitute 
is available; or to fulfill a compelling Department business need;
    (ii) The document that includes the complete social security number 
of an individual must be listed on the Complete Social Security Number 
Mailed Documents Listing on a publicly available website; and
    (iii) No portion of the social security number may be visible on 
the outside of any mailing.

[FR Doc. 2021-21373 Filed 10-5-21; 8:45 am]
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