[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Proposed Rules]
[Pages 87371-87375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27616]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / 
Proposed Rules  

[[Page 87371]]



DEPARTMENT OF ENERGY

10 CFR Part 1008

[DOE-HQ-2022-0024]
RIN 1903-AA13


Social Security Number Fraud Prevention Act

AGENCY: U.S. Department of Energy.

ACTION: Notice of proposed rulemaking and request for public comment.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (DOE or Department) proposes to 
revise its regulations regarding records maintained on individuals 
under the Privacy Act. The revisions would clarify and update 
procedural requirements pertaining to the inclusion of a Social 
Security Number (SSN) on documents that the Department sends by mail. 
These revisions are necessary to implement the SSN Fraud Prevention Act 
of 2017's restriction on the inclusion of SSNs on documents sent by 
mail by the Federal Government. Additionally, the Department proposes 
to maintain a publicly available list authorizing certain designated 
documents to include SSNs if: inclusion is necessary; and the documents 
are requested by individuals outside DOE or other Federal agencies. 
This Notice of Proposed Rulemaking (NOPR) seeks comment on this 
proposal.

DATES: To be assured of consideration, written comments on this 
proposed rulemaking must be received at one of the addresses provided 
in the ADDRESSES section, on or before January 17, 2024. Comments 
received following the aforementioned date will be considered if it is 
practical to do so. Please refer to section IV (Public Participation--
Submission of Comments) for additional information on the comment 
period.

ADDRESSES: You may submit comments identified by docket number DOE-HQ-
2022-0024, as follows:
    Federal eRulemaking Portal: www.regulations.gov. Enter the docket 
ID number in the ``Enter Keyword or ID'' field and click on ``Search.'' 
On the next web page, click on ``Submit a Comment'' action and follow 
the instructions in the portal.
    Mail/Hand Delivery/Courier [For paper, disk, or CD-ROM submissions] 
to: Ken Hunt, U.S. Department of Energy, 1000 Independence Avenue SW, 
Office 8H-085, Washington, DC 20585.
    Comments received, including any personal information, will be 
posted without change to www.regulations.gov.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available. The www.regulations.gov web 
page contains instructions on how to access all documents, including 
public comments, in the docket. See section IV of this document for 
further information on how to submit comments through 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Kyle David, U.S. Department of 
Energy, 1000 Independence Avenue SW, Office 8H-085, Washington, DC 
20585; facsimile: (202) 586-8151; email: [email protected], 
telephone: (240) 686-9485.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Discussion
III. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866, 13563, and 14094
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 12988
    F. Review Under Executive Order 13132
    G. Review Under Executive Order 13175
    H. Review Under the Unfunded Mandates Reform Act of 1995
    I. Review Under Executive Order 12360
    J. Review Under Executive Order 13211
    K. Review Under the Treasury and General Government 
Appropriations Act, 1999
    L. Review Under the Treasury and General Government 
Appropriations Act, 2001
IV. Public Participation--Submission of Comments
V. Approval by the Office of the Secretary of Energy

I. Authority and Background

A. Authority

    DOE has broad authority to regulate the agency's collection, use, 
processing, maintenance, storage, and disclosure of SSNs pursuant to 
the following authorities: 42 U.S.C. 7101 et seq., 50 U.S.C. 2401 et 
seq., 5 U.S.C. 1104, 5 U.S.C. 293, 5 U.S.C. 552, 5 U.S.C. 552a, 42 
U.S.C. 7254, 5 U.S.C. 301, and 42 U.S.C. 405 note.

B. Background

    The SSN Fraud Prevention Act of 2017 (the Act) (Pub L. 115-59; 42 
U.S.C. 405 note), enacted on September 15, 2017, prohibits Federal 
agencies from including individuals' full SSN on documents transmitted 
by physical mail unless the head of the agency determines that the 
inclusion of the full SSN on the document is necessary (section 2(a), 
Pub. L. 115-59). The Act requires agency heads to issue regulations 
specifying the circumstances under which inclusion of a full SSN on a 
document sent by mail is necessary. The Act specifies that these 
regulations be issued no later than five years after the date of 
enactment, include instructions for the partial redaction of SSNs where 
feasible, and require that SSNs not be visible on the outside of any 
package sent by mail (section 2(b), Pub. L. 115-59). This proposed rule 
would revise 10 CFR 1008.22 (Use and Collection of Social Security 
Numbers) consistent with these requirements in the Act. The proposed 
revisions would clarify the procedural requirements pertaining to the 
inclusion of full SSNs on documents that DOE sends by mail.

II. Discussion

    Pursuant to the Act, an agency may not include a SSN on a document 
sent by mail unless the Secretary determines that inclusion of the SSN 
on the document is necessary. DOE usage of SSNs is necessary in 
instances when it is required by law, or fulfills a compelling business 
need. The proposed regulatory text would revise 10 CFR 1008.22 to 
establish the process by which Departmental Elements may request a 
Secretarial waiver of the prohibition on inclusion of SSNs. The 
proposed text provides for a Secretarial

[[Page 87372]]

waiver for pre-approved items listed on DOE's ``Un-redacted SSN Mailed 
Documents Listing'' (USMDL). This is a list of categories of documents 
which the Secretary of Energy, or the Secretary's authorized designee, 
has determined to be pre-approved for the inclusion of a full SSN in a 
mailed document. The justification for this determination is that the 
identified forms are necessary to fulfill a compelling DOE business 
need or mission function. DOE developed this list of pre-approved forms 
and documents based on responses to annual DOE data calls to assess 
which documents (1) contain a full SSN, (2) contain a full SSN that 
cannot be redacted, and (3) must be transmitted through physical mail 
and include a full SSN. Documents listed on the USMDL include those 
related to payroll, human resources, taxes, security, badging, and 
Privacy Act and Freedom of Information Act requests. DOE proposes that 
forms and documents included on the USMDL will not require a separate 
Secretarial waiver to be transmitted by physical mail.
    The proposed rule provides that forms and documents not listed on 
the USMDL that contain a full SSN and must be transmitted through 
physical mail to fulfill a compelling DOE business need will require a 
Secretarial waiver in accordance with these regulations. Pursuant to 
``Department of Energy Designation Order No. 00-17.00A to the Chief 
Information Officer,'' section 1.3, the Chief Information Officer 
(CIO), as Senior Agency Official for Privacy (SAOP), has the authority 
to implement ``information privacy protection, including compliance 
with Federal laws, regulations, and policies that relate to information 
privacy and the Privacy Act.'' Pursuant to this authority, for 
circumstances where a transmitting DOE Element anticipates the sending 
of a particular form or document will be a one-time occurrence, and 
under conditions where such transmission is an urgent matter, the 
Element may request a conditional, one-time Secretarial waiver from the 
DOE SAOP. Similarly, pursuant Designation Order No. 00-17.00A section 
1.3, for circumstances where the transmitting element anticipates a 
regular and frequent transmission of a particular form or document, the 
proposed rule provides that the Element may request that the relevant 
form or document be added to the USMDL from the DOE SAOP.
    A request by a current or former DOE employee or contractor, 
through an internal system, to have a document or form containing that 
individual's SSN mailed to the individual will not require a waiver 
under the proposed rule.

III. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866, 13563, and 14094

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' 58 FR 51735 (Oct. 4, 1993), as supplemented and reaffirmed by 
E.O. 13563, ``Improving Regulation and Regulatory Review,'' 76 FR 3821 
(Jan. 21, 2011) and amended by E.O. 14094, ``Modernizing Regulatory 
Review,'' 88 FR 21879 (April 11, 2023), requires agencies, to the 
extent permitted by law, to (1) propose or adopt a regulation only upon 
a reasoned determination that its benefits justify its costs 
(recognizing that some benefits and costs are difficult to quantify); 
(2) tailor regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives, taking into account, 
among other things, and to the extent practicable, the costs of 
cumulative regulations; (3) select, in choosing among alternative 
regulatory approaches, those approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity); (4) to the 
extent feasible, specify performance objectives, rather than specifying 
the behavior or manner of compliance that regulated entities must 
adopt; and (5) identify and assess available alternatives to direct 
regulation, including providing economic incentives to encourage the 
desired behavior, such as user fees or marketable permits, or providing 
information upon which choices can be made by the public. DOE 
emphasizes as well that E.O. 13563 requires agencies to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible. In its guidance, the 
Office of Information and Regulatory Affairs (OIRA) has emphasized that 
such techniques may include identifying changing future compliance 
costs that might result from technological innovation or anticipated 
behavioral changes. For the reasons stated in the preamble, this 
proposed regulatory action is consistent with these principles.
    Section 6(a) of E.O. 12866 requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this proposed regulatory action is not a ``significant 
regulatory action'' within the scope of E.O. 12866. Accordingly, this 
action is not subject to review under E.O. 12866 by OIRA of the Office 
of Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires that an agency prepare an initial regulatory flexibility 
analysis for any regulation for which a general notice of proposed 
rulemaking is required, unless the agency certifies that the rule, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities (5 U.S.C. 605(b)). As required by 
Executive Order 13272, Proper Consideration of Small Entities in Agency 
Rulemaking, 67 FR 53461 (Aug. 16, 2002), DOE published procedures and 
policies on February 19, 2003, to ensure that the potential impacts of 
its rules on small entities are properly considered during the 
rulemaking process. 68 FR 7990. DOE has made its procedures and 
policies available on the Office of the General Counsel's website 
(https://energy.gov/gc/office-general-counsel).
    DOE reviewed this proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. DOE certifies that the proposed rule, if adopted, 
would not have significant economic impact on a substantial number of 
small entities. The factual basis for this certification is set forth 
below.
    This proposed rule would update DOE's polices and procedures 
concerning the transmission by physical mail of documents containing 
full SSNs for necessary business purposes. This proposed rule would 
apply only to activities conducted by DOE's federal employees and 
contractors, who would be responsible for implementing the rule 
requirements. DOE does not expect there to be any potential economic 
impact of this proposed rule on small businesses. Small businesses, 
therefore, should not be adversely impacted by the requirements in this 
proposed rule. For these reasons, DOE certifies that this proposed 
rule, if promulgated, would not have a significant economic impact on a 
substantial number of small entities, and therefore, no regulatory 
flexibility analysis has been prepared.

C. Review Under the Paperwork Reduction Act of 1995

    This proposed rule does not impose a collection of information 
requirement subject to review and approval by OMB under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.).

[[Page 87373]]

D. Review Under the National Environmental Policy Act of 1969

    Pursuant to the National Environmental Policy Act of 1969 (NEPA), 
DOE has analyzed this proposed action in accordance with NEPA and DOE's 
NEPA implementing regulations (10 CFR part 1021). DOE's regulations 
include a categorical exclusion (CX) for rulemakings interpreting or 
amending an existing rule or regulation that does not change the 
environmental effect of the rule or regulation being amended. 10 CFR 
part 1021, subpart D, appendix A5. DOE has determined that this 
proposed rule is covered under the CX found in DOE's NEPA regulations 
at paragraph A.5 of appendix A to subpart D, 10 CFR part 1021, because 
it is an amendment to an existing regulation that does not change the 
environmental effect of the amended regulation and, therefore, meets 
the requirements for the application of this CX. See 10 CFR 1021.410. 
Therefore, DOE has determined that this proposed rule is not a major 
Federal action significantly affecting the quality of the human 
environment within the meaning of NEPA and does not require an 
Environmental Assessment or an Environmental Impact Statement.

E. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, Section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
Federal agencies the general duty to adhere to the following 
requirements: (1) eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; (3) provide a clear legal standard 
for affected conduct rather than a general standard; and (4) promote 
simplification and burden reduction. Section 3(b) of Executive Order 
12988 specifically requires that executive agencies make every 
reasonable effort to ensure that the regulation: (1) clearly specifies 
the preemptive effect, if any; (2) clearly specifies any effect on 
existing Federal law or regulation; (3) provides a clear legal standard 
for the affected conduct while promoting simplification and burden 
reduction; (4) specifies the retroactive effect, if any; (5) adequately 
defines key terms; (6) specifies whether administrative proceedings are 
to be required before parties may file suit in court and, if so, 
describes those proceedings and requires the exhaustion of 
administrative remedies; and (7) addresses other important issues 
affecting clarity and general draftsmanship under any guidelines issued 
by the Attorney General. Section 3(c) of Executive Order 12988 requires 
Executive agencies to review regulations in light of applicable 
standards in section 3(a) and section 3(b) to determine whether they 
are met or it is unreasonable to meet one or more of the standards. DOE 
has completed the required review and determined that, to the extent 
permitted by law, this proposed rule meets the relevant standards of 
Executive Order 12988.

F. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10, 
1999) imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. Agencies are required to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and carefully assess 
the necessity for such actions. The Executive order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735. DOE has examined this proposed rule and has 
tentatively determined that it would not preempt State law and would 
not have a substantial direct effect on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
No further action is required by Executive Order 13132.

G. Review Under Executive Order 13175

    Under Executive Order 13175 (65 FR 67249, November 6, 2000) on 
``Consultation and Coordination with Indian Tribal Governments,'' DOE 
may not issue a discretionary rule that has ``Tribal'' implications and 
imposes substantial direct compliance costs on Indian Tribal 
governments. DOE has determined that the proposed rule would not have 
such effects and concluded that Executive Order 13175 does not apply to 
this proposed rule.

H. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. 
L. 104-4) requires each Federal agency to assess the effects of a 
Federal regulatory action on State, local, and Tribal governments, and 
the private sector. (Pub. L. 104-4, sec. 201 et seq. (codified at 2 
U.S.C. 1531 et seq.)). For a proposed regulatory action likely to 
result in a rule that may cause the expenditure by State, local, and 
Tribal governments, in the aggregate, or by the private sector of $100 
million or more in any one year (adjusted annually for inflation), 
section 202 of UMRA requires a Federal agency to publish a written 
statement that estimates the resulting costs, benefits, and other 
effects on the national economy. (2 U.S.C. 1532(a), (b)) UMRA also 
requires a Federal agency to develop an effective process to permit 
timely input by elected officers of State, local, and Tribal 
governments on a proposed ``significant Federal intergovernmental 
mandate,'' and requires an agency plan for giving notice and 
opportunity for timely input to potentially affected small governments 
before establishing any requirements that might significantly or 
uniquely affect them. On March 18, 1997, DOE published a statement of 
policy on its process for intergovernmental consultation under UMRA. 
(62 FR 12820) (This policy is also available at: www.energy.gov/gc/guidance-opinions under ``Guidance & Opinions'' (Rulemaking)). DOE 
examined the proposed rule according to UMRA and its statement of 
policy and has determined that the rule contains neither an 
intergovernmental mandate, nor a mandate 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 in any year. 
Accordingly, no further assessment or analysis is required under UMRA.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation 
would not result in any takings that might require compensation under 
the Fifth Amendment to the U.S. Constitution.

J. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001) requires Federal agencies to prepare and submit to the 
OIRA, which is part of OMB, a Statement of Energy Effects for any 
proposed significant energy action. A ``significant energy action'' is 
defined as any action by an agency that promulgates or is expected to 
lead to promulgation of a final rule,

[[Page 87374]]

and that: (1)(i) is a significant regulatory action under Executive 
Order 12866, or any successor order; and (ii) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy, or (2) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use. This proposed 
regulatory action is not a significant energy action. Accordingly, DOE 
has not prepared a Statement of Energy Effects.

K. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any proposed rule that may affect family 
well-being. This proposed rule would not have any impact on the 
autonomy or integrity of the family as an institution. Accordingly, DOE 
has concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

L. Review Under the Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516) provides for Federal agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), 
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). 
Pursuant to OMB Memorandum M-19-15, Improving Implementation of the 
Information Quality Act (April 24, 2019), DOE published updated 
guidelines which are available at: www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf.
    DOE has reviewed this proposed rule and will ensure that 
information produced under this regulation remains consistent with the 
applicable OMB and DOE guidelines.

IV. Public Participation--Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule before or no later than the date provided in the DATES 
section at the beginning of this proposed rule. Interested individuals 
are invited to participate in this proceeding by submitting data, 
views, or arguments with respect to this proposed rule using the method 
described in the ADDRESSES section at the beginning of this proposed 
rule. To help the Department review the submitted comments, commenters 
are requested to reference the paragraph(s), (e.g., Sec.  1008.22(d)), 
to which they refer, where possible.
    1. Submitting comments on www.regulations.gov. The 
www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable by DOE's 
Office of Privacy Management and Compliance staff only. Your contact 
information will not be publicly viewable except for your first and 
last names, organization name (if any), and submitter representative 
name (if any). If your comment is not processed properly because of 
technical difficulties, DOE will use this information to contact you. 
If DOE cannot read your comment due to technical difficulties and 
cannot contact you for clarification, DOE may not be able to consider 
your comment. However, your contact information will be publicly 
viewable if you include it in the comment itself or in any documents 
attached to your comment. Any information that you do not want to be 
publicly viewable should not be included in your comment, nor in any 
document attached to your comment. Persons viewing comments will see 
only first and last names, organization names, correspondence 
containing comments, and any documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (CBI)). Comments submitted through 
www.regulations.gov cannot be claimed as CBI. Comments received through 
www.regulations.gov will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, that are written in English, and that are free of any 
defects or viruses. Documents should not contain special characters or 
any form of encryption and, if possible, they should carry the 
electronic signature of the author.
    2. Confidential Business Information. Pursuant to the provisions of 
10 CFR 1004.11, anyone submitting information or data he or she 
believes to be confidential and exempt by law from public disclosure 
should submit two well-marked copies: one copy of the document marked 
``CONFIDENTIAL'' including all the information believed to be 
confidential, and one copy of the document marked ``NON-CONFIDENTIAL'' 
with the information believed to be confidential deleted. Submit these 
documents via email. DOE will make its own determination as to the 
confidentiality of the information and treat it according to its 
determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).
    3. Campaign form letters. Please submit campaign form letters by 
the originating organization in batches of between 50 to 500 form 
letters per PDF or as one form letter with a list of supporters' names 
compiled into one or more PDFs. This reduces comment processing and 
posting time.

V. Approval by the Office of the Secretary of Energy

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking and request for public comment.

List of Subjects in 10 CFR Part 1008

    Administration practice and procedure, Freedom of information, 
Privacy, Reporting and recordkeeping requirements.

[[Page 87375]]

Signing Authority

    This document of the Department of Energy was signed on November 
24, 2023, by Ann Dunkin, Senior Agency Official for Privacy, pursuant 
to delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on December 12, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons set forth in the preamble, the Department of Energy 
proposes to amend part 1008 of chapter X of title 10 of the Code of 
Federal Regulations as set forth below:

PART 1008--RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT)

0
1. The authority citation for part 1008 is revised to read as follows:

    Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 5 
U.S.C. 552; 5 U.S.C. 552a; 42 U.S.C. 7254; and 5 U.S.C. 301. Section 
1008.22(c) also issued under 42 U.S.C. 405 note.

0
2. Amend Sec.  1008.22 by adding paragraphs (c) through (e) to read as 
follows:


Sec.  1008.22  Use and collection of social security numbers.

* * * * *
    (c) Pursuant to the Social Security Number Fraud and Prevention Act 
(Pub. L. 115-59; 42 U.S.C. 405 note), Heads of Headquarters Divisions 
and Offices and heads of other DOE locations may not include a full 
Social Security number on a form or document transmitted by physical 
mail unless:
    (1) The form or document belongs to a category of forms and 
documents listed on the Department's ``Unredacted SSN Mailed Documents 
Listing'' (USMDL) as published on the Department's website; or
    (2) The Senior Agency Official for Privacy (SAOP) provides a one-
time waiver for the form or document as provided by paragraph (d) of 
this section.
    (d) The Heads of Headquarters Divisions and Offices and heads of 
other DOE locations who have a compelling business need to include a 
full social security number on a form or document that is transmitted 
by physical mail and which do not belong to a category of form or 
document listed on the USMDL may request a conditional, one-time 
Secretarial waiver as follows:
    (1) The requesting Head of Departmental Element must prepare a 
memorandum for submission to the SAOP that:
    (i) Identifies the document that requires transmission via physical 
mail;
    (ii) Explains with specificity the reasons why a full social 
security number is required to be transmitted via physical mail on the 
document;
    (iii) Provides with specificity details on why the social security 
number cannot be a partial social security number; and
    (iv) Includes any other justification to support the Element's 
request, including any legal requirement that necessitates the 
Department sending a full social security number through physical mail 
for business or mission purposes.
    (2) The Departmental Element must send the completed memorandum to 
the Chief Privacy Officer (CPO) for review.
    (3) The CPO will review the request and forward its recommendation 
to the SAOP.
    (4) The SAOP will review and approve or reject the Departmental 
Element's request.
    (5) If the request is approved, the SAOP will issue a memorandum in 
response to the Head of the Departmental Element authorizing the 
conditional, one-time transmission of the document.
    (e) Under circumstances where the transmitting Departmental Element 
anticipates a regular and frequent transmission through physical mail 
of a particular form or document containing social security numbers not 
already listed on the USDML, the Head of the Departmental Element may 
request that a new category relevant to the form or document be added 
to the USMDL in accordance with the procedures in paragraphs (e)(1) 
through (5) of this section:
    (1) The requesting Departmental Element must prepare a memorandum 
for submission to the SAOP that:
    (i) Identifies the document that requires transmission via physical 
mail;
    (ii) Explains with specificity the reasons why a full social 
security number is required to be transmitted via physical mail on the 
form or document;
    (iii) Provides with specificity details on why the social security 
number cannot be a partial social security number; and
    (iv) Includes any other justification to support the Element's 
request, including any legal requirement that necessitates the 
Department sending a full social security number through physical mail 
for business or mission purposes.
    (2) The Head of the Departmental Element must send the completed 
memorandum to the CPO for review.
    (3) The CPO will review the request and forward its recommendation 
to the SAOP.
    (4) The SAOP will review and approve or reject the Element's 
request.
    (5) If the request is approved, the SAOP will issue a memorandum in 
response to the requestor stating the SAOP's determination and DOE will 
update the USDML and publish the updated USDML on the Department's 
website.

[FR Doc. 2023-27616 Filed 12-15-23; 8:45 am]
BILLING CODE 6450-01-P