[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Rules and Regulations]
[Pages 78639-78641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25036]


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SELECTIVE SERVICE SYSTEM

32 CFR Part 1665

RIN 3240-AA04


Social Security Number Fraud Prevention Act of 2017 
Implementation

AGENCY: United States Selective Service System.

ACTION: Direct Final Rule; request for comments.

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SUMMARY: SSS is adding a section to its Privacy Act regulations to 
implement restrictions on the use of Social Security numbers in 
documents mailed by SSS.

[[Page 78640]]

These restrictions are required by the Social Security Number Fraud 
Prevention Act of 2017. The rule is intended to help reduce the 
potential risk of identity theft from fraudulent or other unauthorized 
acquisition of Social Security numbers from any SSS mailings.

DATES: The rule is effective November 13, 2023. Comments, if any, are 
requested by December 13, 2023.

ADDRESSES: You may submit comments identified by docket number and/or 
Regulatory Information Number (RIN) number and title by email to 
[email protected], or by mail to: Selective Service 
System, Federal Register Liaison, 1515 Wilson Boulevard, Suite 500, 
Arlington, VA 22209.
    Instructions: All submissions received must include the Agency's 
name and docket number or RIN for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
internet at https://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Kelly Cramer, Selective Service 
System, Office of the General Counsel, 703-605-4069, [email protected].

SUPPLEMENTARY INFORMATION: The Social Security Number Fraud Prevention 
Act of 2017, Public Law 115-59, 131 Stat. 1152 (Sept. 15, 2017), 
codified at 42 U.S.C. 405 note, restricts Federal agencies from 
including Social Security numbers (SSNs) of individuals on documents 
sent by mail unless the head of the agency determines that including 
the SSN on the mailing is necessary. The Act requires agency heads to 
issue regulations within five years of the Act, specifying the 
circumstances under which including an SSN on a document sent by mail 
is necessary. The Act requires that the regulations include 
instructions for the partial redaction of SSNs where feasible and 
requires that SSNs not be visible on the outside of any package sent by 
mail.
    To implement these requirements, SSS is amending its existing 
Privacy Act regulations, 32 CFR part 1665, adding a new Sec.  1665.9 to 
accommodate the rule. The rule prohibits including an individual's SSN 
on any document that SSS sends by mail unless it is necessary, as 
determined by the Director of Selective Service (or other Agency 
official whom the Director of Selective Service may designate). If so, 
the rule requires that the SSN be truncated to display no more than the 
last four digits or, if such truncation is not feasible, the document 
may include additional SSN digits or the full SSN, as needed, but only 
under certain circumstances, i.e.: if required by law (e.g., statute, 
court order, or other legal mandate); to identify a specific individual 
where no adequate substitute is available; or to fulfill some other 
compelling SSS business need. In all cases, the rule prohibits any SSN, 
truncated or not, from being visible on the outside of any SSS mailing.
    Consistent with the language of the Act, and with the legislative 
intent and examples discussed in the House report (H.R. Rep. No. 115-
150, pt. 1) accompanying the Act, the rule is limited to printed 
documents or correspondence mailed by SSS, including printed documents 
or correspondence mailed by a contractor acting on SSS's behalf. The 
rule does not apply to emails or other documents, correspondence, or 
communications transmitted by electronic means (e.g., via web portals). 
The rule is also not intended to apply to mailings, if any, by 
candidates for SSS board and other volunteer positions (e.g., State 
Resource Volunteers).

Administrative Procedure Act

    The Agency finds good cause to publish this as a Direct Final Rule 
because the notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest because this rule 
expands protections to the public. The Agency is exempt from the prior 
public notice and comment requirements of the Administrative Procedure 
Act in accordance with 5 U.S.C. 553(b)(B). There is also no need to 
delay the effective date of the rule by 30 days, as normally required 
for substantive rules. See 5 U.S.C. 553(d). Instead, there is good 
cause to make the rule effective immediately, as it is merely 
procedural and reflects a statutory requirement that is already in 
effect (i.e., documents mailed by the Agency may not include an SSN 
unless the Agency head determines it is necessary). Nonetheless, SSS 
will accept comments, if any, on the rule from interested parties, as 
provided in the ADDRESSES section of this document. SSS will consider 
such comments, if any, and may modify the rule on the basis of such 
comments, or as the Agency may otherwise deem necessary or appropriate.

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. 
This rule is not a significant regulatory action subject to review by 
the Office of Management and Budget's (OMB) Office of Information and 
Regulatory Affairs (OIRA) under Executive Order 12866, section 6(a).

Executive Order 13132

    Executive Order 13132 (Federalism) prohibits an agency from 
publishing any rule that has federalism implications if the rule 
imposes substantial direct compliance costs on state and local 
governments and is not required by statute, or the rule preempts state 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Executive Order. This final rule does not have any 
federalism implications, as described above.

Regulatory Flexibility Act

    SSS hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as defined in the Regulatory Flexibility Act (5 U.S.C. 601-612). The 
factual basis for this certification is that the rule governs only the 
circumstances under which SSS includes SSNs in documents mailed by SSS. 
The rule does not apply to mailings by small entities, other than any 
contractors who may be engaged to send mailings on SSS's behalf. Even 
in those cases, the economic impact would fall on SSS, not on the 
contractor, to determine to what extent, if any, a mailing needs to 
include an SSN in whole or part, and to pay mailing costs. In any 
event, SSS does not expect the volume of such mailings, if any, to be 
significant. Accordingly, 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 that agencies 
prepare a written statement analyzing and estimating anticipated costs 
and benefits before issuing any rule that may result in the expenditure 
by state, local, and Tribal Governments, in the aggregate, or

[[Page 78641]]

by the private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. See 2 U.S.C. 1532. The Act further requires 
that the agency publish a summary of such a statement with the agency's 
proposed and final rules. No statement or summary is required, since 
the rule will not result in the above-stated expenditure by state, 
local, and Tribal Governments, or by the private sector.
    Section 1 of Executive Order 12785 requires the agency to submit a 
description of the extent of its prior consultation with 
representatives of affected state, local, and tribal governments, 
together with the agency's position, to OMB to support the need for any 
regulation that is not required by statute, if the direct compliance 
costs incurred by such governments will not be funded by the Federal 
Government (i.e., an unfunded mandate). The Executive order does not 
apply, since the rule is required by statute and, in any event, imposes 
no mandate or compliance obligations, unfunded or otherwise, on any 
state, local, or Tribal Government.

Congressional Review Act

    A major rule cannot take effect until 60 days after it is published 
in the Federal Register. This rule is not a major rule under 5 U.S.C. 
801.

Paperwork Reduction Act

    This rule contains no information collection, recordkeeping, or 
disclosure provisions that would constitute information collection 
activities subject to the OMB clearance requirements of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3521).

List of Subjects in 32 CFR Part 1665

    Personally identifiable information, Privacy, Social security.

    For the reasons stated in the preamble, SSS amends part 1665, title 
32 of the Code of Federal Regulations, as set forth below:

PART 1665--PRIVACY ACT PROCEDURES

0
1. Revise the authority citation for part 1665 to read as follows:

    Authority:  5 U.S.C. 552a; Pub L. 115-59, 131 Stat. 1152, and 5 
U.S.C. 301.


0
2. Add Sec.  1665.9 to read as follows:


Sec.  1665.9  SSS Compliance with the Social Security Fraud Prevention 
Act of 2017 to limit the use of Social Security numbers on documents 
mailed by the Selective Service System (SSS).

    (a) A document that SSS sends by mail shall not include the Social 
Security number (SSN) of an individual, except where the Director of 
Selective Service (or other Agency official whom the Director of 
Selective Service may designate) determines that it is necessary. If 
so, the SSN must be truncated to the extent feasible, as follows--
    (1) The document shall include no more than the last four digits of 
the SSN; or
    (2) If the document needs to include more digits, then only where 
they are:
    (i) Required by law (including, but not limited to, a statute, 
court order, or other legal mandate);
    (ii) Needed to identify a specific individual when no adequate 
substitute is available; or
    (iii) Needed to fulfill some other compelling SSS business need.
    (b) No portion of an SSN may be visible on the outside of any SSS 
mailing.
    (c) For purposes of this section, ``mail'' and ``mailing'' means 
printed documents or correspondence, and does not include emails or any 
other documents, correspondence, or communications in electronic form.
    (d) The requirements of this section shall apply to mail sent by 
SSS, including mailings by a contractor on SSS's behalf, on or after 
November 13, 2023.

Daniel A. Lauretano, Sr.,
General Counsel.
[FR Doc. 2023-25036 Filed 11-15-23; 8:45 am]
BILLING CODE 8015-01-P