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SSA RIN: 0960-AH97 Publication ID: Fall 2018 
Title: Privacy Act Exemption: Personnel Security and Suitability Program Files  

This NPRM will propose to create a Security and Suitability Files system to cover any additional security and suitability related information generated by SSA that is not sent to the Office of Personnel Management. We will use the information we collect to conduct background investigations and establish that applicants or incumbents, either employed by SSA or working for SSA under contract, are suitable for employment with us. Additionally, the NPRM will propose to remove two unused systems listed in our regulations.

Agency: Social Security Administration(SSA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Fully or Partially Exempt 
CFR Citation: 20 CFR 401.85   
Legal Authority: 5 U.S.C. 522a    5 U.S.C. 553   
Legal Deadline:  None

Statement of Need:

We are required to amend our Code of Federal Regulations (CFR) when a new system of records is instituted within the agency that exempts certain records from disclosure. Here, we are creating a new system of records and an exemption to disclosure of some of those records, necessitating a new system of records disclosure in our CFR.

This update will replace the two following systems of records currently reflected in 401.85:

 (iii) Pursuant to subsection (k)(5) of the Privacy Act:

 (A) The Investigatory Material Compiled for Security and Suitability Purposes System, SSA; and,

 (B) The Suitability for Employment Records, SSA.

Summary of the Legal Basis:

In accordance with the Privacy Act (5 U.S.C. 552a), and Subsection (k)(5) of the Privacy Act, we are issuing public notice of our intent to establish a new system of records.


There is no alternative. Failure to amend our CFR, while using a new system of records, would be contrary to the statutory authority and intent of 5 U.S.C. 552.

Anticipated Costs and Benefits:

There are no anticipated costs. We stand to benefit through better administrative efficiency by updating the systems we use for accurately tracking investigatory employment records.


Violation of the Privacy Act and OMB requirements.

Action Date FR Cite
NPRM  10/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Pamela Carcirieri
Division Director
Social Security Administration
Office of General Counsel, Office of Privacy and Disclosure, 6401 Security Boulevard,
Woodlawn, MD 21235-6401
Phone:410 965-0355