[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Rules and Regulations]
[Pages 53380-53381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18782]


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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: Final rule

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SUMMARY: The Department of Veterans Affairs is amending its regulations 
implementing the Privacy Act. These revisions 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 
SSNs on documents sent by mail by the Federal Government.

DATES: This rule is effective September 30, 2022.

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: On October 6, 2021, VA published a proposed 
rule in the Federal Register (86 FR 55547) that would establish VA's 
statutory authority to implement the Social Security Number Fraud 
Prevention Act of 2017 (the Act) (Pub L.115-59; 42 U.S.C. 405 note). 
The public comment period ended on December 6, 2021, and VA received 
two comments in response to the proposed rule.
    One comment supported the proposed rule but inquired if there would 
be any overlap between the proposed rule and the VA mail management 
policy (VA Directive and Handbook 6340). VA Directive 6340 broadly 
states that ``VA mail facilities must ensure all mail is handled 
appropriately to conform to the Freedom of Information Act (FOIA) and/
or the Privacy Act.'' However, neither the Directive nor VA Handbook 
6540 specifically address Public Law 115-59, which is the statutory 
authority for promulgating the proposed rule. There is no statutory 
overlap between VA mail management policy and the proposed rule at 
present (although VA may eventually update VA Directive and Handbook 
6340 to reflect the final rule). For this reason, VA will make no 
changes to the rulemaking based on this comment.
    One comment suggested that there should be an ``opt in'' option for 
``older Veterans who rely on paperwork from the VA that has their SSN 
on it for different matters'' so that older Veterans could continue to 
receive mail with their SSN on it. The proposed rule includes the 
addition of sections to 38 CFR 1.575 that would enable VA to truncate 
SSNs for outgoing mail where it is not possible to eliminate the SSN 
(such as in the case of older Veterans whose case number contains their 
SSNs). This provision would address the concerns of providing smooth, 
continuous service better than placing the burden on older Veterans to 
specifically ``opt in'' to continue to receive mail with their SSN on 
it. For this reason, VA will make no changes to the rulemaking based on 
this comment.
    Accordingly, the proposed rule is adopted as a final rule without 
change.

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 final 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 final rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act

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

Assistance Listing

    There are no Assistance Listing 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 August 25, 2022, 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 amends 38 CFR 1.575, as set forth below:

[[Page 53381]]

CHAPTER 1--DEPARTMENT OF VETERANS AFFAIRS

PART 1--GENERAL PROVISIONS


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

0
1. The authority citation for part 1 is revised 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. 2022-18782 Filed 8-30-22; 8:45 am]
BILLING CODE 8320-01-P