[Federal Register Volume 90, Number 173 (Wednesday, September 10, 2025)]
[Notices]
[Page 43729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17382]
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DEPARTMENT OF THE TREASURY
Bureau of the Fiscal Service
Waiver of Computer Matching Agreements for Do Not Pay
AGENCY: Bureau of the Fiscal Service, Treasury.
ACTION: Notice of Intent to Issue a Four-Year Waiver from the
Requirements of Computer Matching Agreements for Do Not Pay.
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SUMMARY: Under the Do Not Pay statute, the Secretary of the Treasury
(Secretary) may waive statutory computer matching requirements, in
consultation with the Director of the Office of Management and Budget
(OMB), where legally permissible. OMB has issued guidance for agencies
which outlines waiver eligibility criteria and specifies conditions
agencies must meet to obtain the waiver. On September 3, 2025, the
Secretary authorized the issuance of a four-year waivers for eligible
agencies engaging in matching programs with the Do Not Pay Initiative.
DATES: The waiver discussed in this notice is effective from September
10, 2025 through September 10, 2029.
ADDRESSES: Comments or inquiries may be mailed to: Office of the Chief
Data Officer, Bureau of the Fiscal Service, 3201 Pennsy Drive, Building
E, Landover, MD 20785. Comments or inquiries may also be emailed to
[email protected].
FOR FURTHER INFORMATION CONTACT: Justin Marsico, Fraud Prevention and
Financial Integrity, (855) 837-4391; or Thomas Kearns, Senior Attorney,
Office of the Chief Counsel, 304-480-8692.
SUPPLEMENTARY INFORMATION: The Privacy Act of 1974 (Privacy Act), 5
U.S.C. 552a, includes a series of requirements that apply when agencies
engage in a matching program. One of the requirements for matching
programs is for the participating agencies to enter into a matching
agreement, which is a written agreement specifying important details
about the matching program. This requirement helps to ensure that the
matching program is conducted in a manner that ensures accountability,
due process, information quality, data minimization, security, and
transparency. Congress, however, recognized a need for flexibility in
how agencies implement these safeguards for matching programs conducted
under Do Not Pay. PIIA states that ``[t]he head of the agency operating
the [Do Not Pay] Working System may, in consultation with the Office of
Management and Budget, waive the requirements of section 552a(o) of
title 5 in any case or class of cases for computer matching activities
conducted under this section.''
On March 25, 2025, President Trump signed Executive Order (E.O.)
14249, ``Protecting America's Bank Account Against Fraud, Waste, and
Abuse,'' which directs the Secretary to reduce barriers to data access
for preventing fraud and improper payments by exercising the authority
in PIIA, 31 U.S.C. 3351 et seq., to waive the computer matching
agreement requirements outlined in 5 U.S.C. 552a(o), in consultation
with the OMB Director, in any case or class of cases for matching
activities conducted under 31 U.S.C. 3354, where legally permissible.
In support of this directive, OMB issued Memorandum M-25-32,
``Preventing Improper Payments and Protecting Privacy through Do Not
Pay,'' which outlines criteria that matching programs must meet to be
eligible for the waiver. On September 3, 2025, the Secretary authorized
the issuance of a four-year waiver of the requirement for entering into
a matching agreement under 5 U.S.C. 552a(o) for the class of matching
programs that meet all of the criteria defined in OMB Memorandum M-25-
32. In alignment with E.O. 14249, this action provides flexibility that
assists agencies in fulfilling their obligations to determine payment
or award eligibility through pre-certification and pre-award
procedures.
The Treasury Department adheres to rigorous standards for data
access and use in federal programs, including requirements for
agreements that govern how data is shared and matched between agencies.
Treasury preserves the safeguards under the Privacy Act through data
sharing agreements that clearly define the terms, conditions, and
safeguards of each exchange. Treasury also implements strong
cybersecurity practices to protect data integrity and confidentiality
and conducts significant vetting before onboarding any new data sources
to ensure compliance with legal and ethical standards.
Gary Grippo,
Acting Fiscal Assistant Secretary.
[FR Doc. 2025-17382 Filed 9-9-25; 8:45 am]
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