§ 1008.22 Use and collection of Social Security numbers. ( a ) The System Manager of each system of records which utilizes Social Security numbers as a method of identification without statutory authorization or authorization by regulation adopted prior to January 1, 1975, shall revise the system to avoid future collection and use of the Social Security numbers.
( b ) Heads of Headquarters Divisions and Offices and heads of the other DOE locations shall insure that employees authorized to collect information from individuals are advised that individuals may not be required to furnish Social Security numbers without statutory authorization, and that individuals who are requested to provide Social Security numbers voluntarily must be advised that furnishing the number is not required and that no penalty or denial of benefits will flow from the refusal to provide it.
( 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.
[45 FR 61577, Sept. 16, 1980, as amended at 89 FR 43736, May 20, 2024]