[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Proposed Rules]
[Pages 79963-79965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26754]


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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: Notice of proposed rulemaking.

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SUMMARY: We separately published, in today's Federal Register, notice 
of a modified system of records entitled Anti-Fraud (AF) System. 
Because this system will contain some investigatory material compiled 
for law enforcement purposes, this proposed rule will exempt those 
records within this system of records from specific provisions of the 
Privacy Act.

DATES: To ensure that your comments are considered, we must receive 
them no later than January 11, 2021.

ADDRESSES: You may submit comments by any one of three methods--
internet,

[[Page 79964]]

fax, or mail. Do not submit the same comments multiple times or by more 
than one method. Regardless of which method you choose, please state 
that your comments refer to docket number SSA-2018-0012, in order that 
we may associate your comments with the correct regulation.
    Caution: You should be careful to include in your comments only 
information that you wish to make publicly available. We strongly urge 
you not to include in your comments any personal information, such as 
Social Security numbers or medical information.
    1. Internet: We strongly recommend that you submit your comments 
via the internet. Please visit the Federal eRulemaking portal at http://www.regulations.gov. Use the Search function to find docket number 
SSA-2018-0012. The system will issue a tracking number to confirm your 
submission. You will not be able to view your comment immediately 
because we must post each comment manually. It may take up to a week 
for your comment to be viewable.
    2. Fax: Fax comments to (410) 966-2830.
    3. Mail: Address your comments to the Office of Regulations and 
Reports Clearance, Social Security Administration, 3100 West High Rise, 
6401 Security Boulevard, Baltimore, Maryland 21235-6401.
    Comments are available for public viewing on the Federal 
eRulemaking portal at http://www.regulations.gov or in person, during 
regular business hours, by arranging with the contact person identified 
below.

FOR FURTHER INFORMATION CONTACT: Melissa Feldhan, Supervisory 
Government Information Specialist, SSA, Office of Privacy & Disclosure, 
6401 Security Boulevard, Baltimore, Maryland 21235-6401, Phone: (410) 
965-1416, 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

    In accordance with the Privacy Act,\1\ we are issuing public notice 
of our intent to establish a modified system of records, the Anti-Fraud 
(AF) System (60-0388). 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 (PII) for assisting us in identifying 
suspicious or potentially fraudulent activities performed by 
individuals across all of the agency's programs and service delivery 
methods.
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    \1\ 5 U.S.C. 552a.
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    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. The AF System provides us with access to a single repository 
of data that currently resides across many of our different systems of 
records. We use the PII in the AF System to employ advanced data 
analytics solutions to identify patterns indicative of fraud, improve 
the functionality of data-driven fraud activations, conduct real-time 
risk analysis, and integrate developing technology into our anti-fraud 
business processes. This solution also provides true business 
intelligence to agency leadership with assistance in data-driven anti-
fraud decision-making. We use the records in the AF System to detect 
indications of fraud in all of our programs and operations initiated by 
individuals outside of SSA or internal to SSA (e.g., SSA employees).
    We are claiming that the AF System is exempt from certain 
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). Some 
information in the AF System relates to our efforts to mitigate, 
detect, and investigate fraud in our programs and systems and to 
collaborate with the Office of the Inspector General in fraud 
investigations and prosecutions. Therefore, we need these exemptions to 
protect information from public access. The exemptions are required to 
avoid disclosure of screening techniques; to protect the identities and 
physical safety of confidential informants; to ensure our ability to 
obtain information from third parties and other sources; and to protect 
the privacy of third parties. Allowing an individual to access the 
information in the AF System could permit the individual to avoid 
detection or apprehension.
    In appropriate circumstances, when compliance would not appear to 
interfere with or adversely affect the law enforcement purposes of the 
AF System and the overall law enforcement process, we may, at our 
discretion, grant notification of or access to a record in the AF 
System. If an individual is denied any right, privilege, or benefit to 
which he or she is otherwise entitled under Federal law due to the 
maintenance of material in the AF System, we will provide such material 
to such individual, except to the extent that the disclosure of such 
material would reveal the identity of a source who furnished 
information to us under an express promise that the identity of the 
source would be held in confidence.
    We are claiming exemption from Privacy Act subsection (c)(3) 
(Accounting and Disclosure); subsection (d) (Access and Amendment to 
Records); subsection (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency 
Requirements); and subsection (f) (Agency Rules) for this system of 
records. We claim exemption from these Privacy Act subsections for the 
AF System because release of the accounting of disclosures, access to 
the records, and notice to individuals with respect to existence of 
records could alert the individual whom might be a subject of an 
investigation of an actual or potential criminal, civil, or regulatory 
violation to the existence of that investigation. Disclosures of 
accounting would therefore present a serious impediment to law 
enforcement efforts. These Privacy Act subsections would permit the 
individual who is the subject of a record to impede the investigation, 
to tamper with witnesses, or evidence, and to avoid detection or 
apprehension, which would undermine the investigative process. Thereby, 
these Privacy Act subsections would undermine SSA investigative efforts 
and reveal the identities of witnesses, and potential witnesses, and 
confidential informants.
    In summary, due to the investigatory nature of information that we 
maintain in this system of records, we propose to add the AF System to 
the list of our systems that are exempt from specific provisions of the 
Privacy Act pursuant to 5 U.S.C. 552a(k)(2).

Rulemaking Analyses and Notices

    We will consider all comments received on or before the close of 
business on the comment closing date indicated above and we will make 
the comments available for examination in the docket at the previously 
noted address. We will file comments received after the comment closing 
date in the docket, and we will consider them to the extent 
practicable. We may publish a final rule at any time after close of the 
comment period.

Clarity of This Rule

    Executive Order 12866, as supplemented by Executive Order 13563, 
requires each agency to write all rules in plain language. In addition 
to your substantive comments on this proposed rule, we invite your 
comments

[[Page 79965]]

on how to make the rule easier to understand.
    For example:
    <bullet> Would more, but shorter, sections be better?
    <bullet> Are the requirements in the rule clearly stated?
    <bullet> Have we organized the material to suit your needs?
    <bullet> Could we improve clarity by adding tables, lists, or 
diagrams?
    <bullet> What else could we do to make the rule easier to 
understand?
    <bullet> Does the rule contain technical language or jargon that is 
not clear?
    <bullet> Would a different format make the rule easier to 
understand, e.g., grouping and order of sections, use of headings, 
paragraphing?

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 NPRM 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 NPRM meets the plain language 
requirement of Executive Order 12866.

Executive Order 13132 (Federalism)

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

Regulatory Flexibility Act

    We certify that this proposed 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

    These rules do not create any new or affect any existing 
collections and, therefore, do 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 Commissioner of the Social Security Administration, Andrew 
Saul, 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.
* * * * *
    (b)(2) * * *
    (ii) * * *
    (H) Anti-Fraud, SSA.
* * * * *

[FR Doc. 2020-26754 Filed 12-10-20; 8:45 am]
BILLING CODE 4191-02-P