[Federal Register Volume 87, Number 82 (Thursday, April 28, 2022)]
[Rules and Regulations]
[Pages 25140-25141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09089]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 401

[Docket No. SSA-2018-0012]
RIN 0960-AI31


Anti-Fraud System

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: We previously published a notice of a modified system of 
records entitled Anti-Fraud (AF) System. Because this system contains 
some investigatory material compiled for law enforcement purposes, this 
rule exempts those records within this system of records from specific 
provisions of the Privacy Act.

DATES: This final rule is effective May 31, 2022.

FOR FURTHER INFORMATION CONTACT: Melissa Feldhan, Supervisory 
Government Information Specialist, SSA, Office of Privacy & Disclosure, 
6401 Security Boulevard, Baltimore, Maryland 21235-6401, Phone: (410) 
966-5855, for information about this rule. 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

    On December 11, 2020, we published a Notice of Proposed Rulemaking 
(NPRM) in the Federal Register \1\ in which we proposed to add the AF 
System to the list of SSA systems that are exempt from specific 
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). We also 
published a related System of Records Notice on the same day.\2\ The AF 
System is an agency-wide and overarching system that includes the 
ability to detect, prevent, and mitigate fraud in our programs. The AF 
System collects and maintains personally identifiable information, 
which assists us in identifying suspicious or potentially fraudulent 
activities performed by individuals across all of the agency's programs 
and service delivery methods. We established the AF System to support 
our goal of enhancing SSA's fraud prevention and detection activities 
by protecting the public's data, providing secure online services, and 
increasing payment accuracy.
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    \1\ 85 FR 79963.
    \2\ 85 FR 80211.
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    This final rule adds the AF System to the list of SSA systems that 
are exempt from specific provisions of the Privacy Act due to the 
investigatory nature of information that is maintained in this system.

Public Comments and Discussion

    In the NPRM, we provided a 30-day comment period, which ended on 
January 11, 2021. We received three comments. Of these three comments, 
we did not post two; one was blank and the other was unrelated to our 
proposal, fraud, and the AF System. We posted one comment because it 
related to fraud. The commenter expressed that we should check up on 
people who are collecting payments for a long period and said that 
checks must be signed by only the intended recipient. This comment did 
not address any specific parts of our proposal.
    After careful consideration, we are adopting this final rule.

[[Page 25141]]

Regulatory Procedures

Executive Order 12866, as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this final 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 final rule meets the plain language 
requirement of Executive Order 12866.

Executive Order 13132 (Federalism)

    We analyzed this final rule in accordance with the principles and 
criteria established by Executive Order 13132, and we determined that 
the final rule will not have sufficient Federalism implications to 
warrant the preparation of a Federalism assessment. We also determined 
that this final 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 final rule.

Regulatory Flexibility Act

    We certify that this final 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

    This final rule does not create any new or affect any existing 
collections and, therefore, does not require Office of Management and 
Budget approval under the Paperwork Reduction Act.

List of Subjects in 20 CFR Part 401

    Administrative practice and procedure, Privacy.

    The Acting Commissioner of the Social Security Administration, 
Kilolo Kijakazi, having reviewed and approved this document, is 
delegating the authority to electronically sign this document to Faye 
I. Lipsky, who is the primary Federal Register Liaison for SSA, for 
purposes of publication in the Federal Register.

Faye I. Lipsky,
Federal Register Liaison, Office of Legislation and Congressional 
Affairs, Social Security Administration.

    For the reasons stated in the preamble, we are revising subpart B 
of 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

Subpart B--[Amended]

0
1. The authority citation for subpart B of 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. In Sec.  401.85, add paragraph (b)(2)(ii)(H) to read as follows.


Sec.  401.85   Exempt systems.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (H) Anti-Fraud System, SSA.
* * * * *
[FR Doc. 2022-09089 Filed 4-27-22; 8:45 am]
BILLING CODE 4191-02-P