2022-25239. Social Security Number Fraud Prevention Act of 2017 Implementation

AGENCY:

National Aeronautics and Space Administration.

ACTION:

Final rule.

SUMMARY:

The National Aeronautics and Space Administration (NASA) is finalizing amendments to its regulations under the Privacy Act. The revisions clarify and update procedural requirements on documents the Agency sends by mail which include Social Security numbers (SSNs). These revisions implement the Social Security Number Fraud Prevention Act of 2017 restricting the inclusion of SSNs on documents sent by mail by the Federal Government.

DATES:

Effective December 22, 2022.

FOR FURTHER INFORMATION CONTACT:

Stayce Hoult, Office of the Chief Information Officer, 256-544-7705.

SUPPLEMENTARY INFORMATION:

Authority and Background: The Social Security Number Fraud Prevention Act of 2017 (the Act) (Pub. L. 115-59; 42 U.S.C. 405 note), 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 no 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).

Discussion of Public Comments Received: NASA published a proposed rule in the Federal Register at 87 FR 46908 on August 1, 2022, to amend to its regulations at 14 CFR part 1212, subpart 1212.6. The Agency received one comment from an individual that expressed the importance of keeping SSNs safe to prevent fraud, one comment from an individual that expressed the importance of continuously updating and clarifying all revisions pertaining to SSNs because citizens value and expect privacy, and one comment from an individual who provided information about Social Security income that is not related to this rule. As no significant issues or questions were raised by the commenters, NASA is issuing this final rule with no changes from the version proposed in August.

Regulatory Analysis

Executive Order 12866, Regulatory Planning and Review, and Executive Order 13563, Improving Regulation and Regulatory Review

Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits of reducing costs, harmonizing rules, and promoting flexibility. This final rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and was not reviewed by the Office of Management and Budget.

Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to prepare an initial regulatory flexibility analysis to be published at the time the final rule is published. This requirement does not apply if the agency “certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities” (5 U.S.C. 605(b)). This final rule does not have any economic impact on small entities.

Review Under the Paperwork Reduction Act

This final rule does not contain any information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Review Under Executive Order of 13132

Executive Order 13132, “Federalism,” 64 FR 43255 (August 4, 1999), requires regulations be reviewed for federalism effects on the institutional interest of states and local governments, and, if the effects are sufficiently substantial, preparation of the Federal assessment is required to assist senior policy makers. The amendments will not have any direct effects on state and local governments within the meaning of the Executive order. Therefore, no federalism assessment is required.

List of Subjects in 14 CFR Part 1212

• Privacy
• Privacy Act

For reasons discussed in the preamble, NASA amends 14 CFR part 1212 as follows:

PART 1212—PRIVACY ACT—NASA REGULATIONS

1. The authority citation for part 1212 is revised to read as follows:

Authority: 51 U.S.C. 20101 et seq.;5 U.S.C. 552a; Pub. L. 115-59, 131 Stat. 1152 (42 U.S.C. 405 note).

2. In § 1212.604, add paragraph (c) to read as follows:

§ 1212.604

Social security numbers.

* * * * *

(c) When sending physical mail, NASA will adhere to the following:

(1) Social Security account numbers shall not be visible on the outside of any package sent by mail.

(2) A document sent by mail may only include the Social Security account number of an individual if it is determined by the Administrator that the inclusion of a Social Security account number is necessary.

(3) The inclusion of a Social Security account number of an individual on a document sent by mail is necessary when—

(i) Required by law; or

(ii) Necessary to identify a specific individual and no adequate substitute is available.

(4) Social Security account numbers must be partially redacted in documents sent by mail whenever feasible.

Nanette Smith,

Team Lead, NASA Directives and Regulations.