Proposed Rule2022-28458
Management of Federal Agency Disbursements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 10, 2023
Issuing agencies
Treasury DepartmentFiscal Service
Abstract
The Department of the Treasury's (Treasury) Bureau of the Fiscal Service ("Fiscal Service" or "we"), is proposing to amend its regulation that implements a statutory mandate requiring the Federal Government to deliver non-tax payments by electronic funds transfer (EFT) unless a waiver is available. Among other things, this Notice of Proposed Rulemaking (NPRM) would strengthen the EFT requirement by narrowing the scope of existing waivers from the EFT mandate or requiring agencies to obtain Fiscal Service's approval to invoke certain existing waivers; provide that Treasury has the right to nullify an agency's use of a waiver if Treasury determines that application of a waiver would lead to an agency initiating an unusually large number or proportion of payments by means other than EFT; and clarify that when an agency fails to make a payment by EFT as prescribed by part 208, Treasury has authority to assess a charge to an agency. The proposed changes reflect the reality that the use of electronic payments has expanded significantly since the waivers from the EFT mandate were first published in 1998 and also seek to take advantage of Treasury's growing profile of electronic payment options, which are faster, less expensive, and safer than paper checks. Strengthening the EFT requirements as proposed in the NPRM is also consistent with Treasury's commitment to reducing check payments.
Full Text
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<title>Federal Register, Volume 88 Issue 6 (Tuesday, January 10, 2023)</title>
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[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Proposed Rules]
[Pages 1336-1340]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28458]
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DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 208
[FISCAL-2022-0003]
RIN 1530-AA27
Management of Federal Agency Disbursements
AGENCY: Bureau of the Fiscal Service, Treasury.
ACTION: Notice of proposed rulemaking with request for comment.
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SUMMARY: The Department of the Treasury's (Treasury) Bureau of the
Fiscal Service (``Fiscal Service'' or ``we''), is proposing to amend
its regulation that implements a statutory mandate requiring the
Federal Government to deliver non-tax payments by electronic funds
transfer (EFT) unless a waiver is available. Among other things, this
Notice of Proposed Rulemaking (NPRM) would strengthen the EFT
requirement by narrowing the scope of existing waivers from the EFT
mandate or requiring agencies to obtain Fiscal Service's approval to
invoke certain existing waivers; provide that Treasury has the right to
nullify an agency's use of a waiver if Treasury determines that
application of a waiver would lead to an agency initiating an unusually
large number or proportion of payments by means other than EFT; and
clarify that when an agency fails to make a payment by EFT as
prescribed by part 208, Treasury has authority to assess a charge to an
agency. The proposed changes reflect the reality that the use of
electronic payments has expanded significantly since the waivers from
the EFT mandate were first published in 1998 and also seek to take
advantage of Treasury's growing profile of electronic payment options,
which are faster, less expensive, and safer than paper checks.
Strengthening the EFT requirements as proposed in the NPRM is also
consistent with Treasury's commitment to reducing check payments.
DATES: To be considered, comments on the proposed rule must be received
by March 13, 2023.
ADDRESSES: Commenters are encouraged to submit comments on the proposed
rule, identified by Docket No. FISCAL-
[[Page 1337]]
2022-0003, electronically through the Federal eRulemaking Portal at
<a href="http://regulations.gov">regulations.gov</a> by following the online instructions for submitting
comments. Comments on the proposed rule may also be mailed to the
Department of the Treasury, Bureau of the Fiscal Service, Attn: Matthew
Helfrich, Management and Program Analyst, Payment Strategy and
Innovation Division, 3201 Pennsy Drive, Bldg. E, Landover, MD 20785.
Comments on the proposed rule may also be mailed to the Department of
the Treasury, Bureau of the Fiscal Service, Attn: Matthew Helfrich,
Management and Program Analyst, Payment Strategy and Innovation
Division, 3201 Pennsy Drive, Bldg. E, Landover, MD 20785.
All submissions received must include the agency name (Bureau of
the Fiscal Service) and docket number for this rulemaking (FISCAL-2022-
0003). In general, comments received will be published on
Regulations.gov without change, including any business or personal
information provided. Comments received, including attachments and
other supporting materials, are part of the public record and subject
to public disclosure. Do not disclose any information in your comment
or supporting materials that you consider confidential or inappropriate
for public disclosure.
You can download the proposed rule at the following website:
<a href="http://fiscal.treasury.gov/eft/laws-regulations.html">fiscal.treasury.gov/eft/laws-regulations.html</a>. You may also inspect and
copy the proposed rule at: Treasury Department Library, Freedom of
Information Act (FOIA) Collection, Room 1428, Main Treasury Building,
1500 Pennsylvania Avenue NW, Washington, DC 20220. Before visiting, you
must call (202) 622-0990 for an appointment.
FOR FURTHER INFORMATION CONTACT: Matthew Helfrich, Management and
Program Analyst, at (215) 806-9616 or
<a href="/cdn-cgi/l/email-protection#44092530302c21336a0c212822362d272c04222d372725286a303621253731363d6a232b32"><span class="__cf_email__" data-cfemail="c78aa6b3b3afa2b0e98fa2aba1b5aea4af87a1aeb4a4a6abe9b3b5a2a6b4b2b5bee9a0a8b1">[email protected]</span></a>, or Rebecca Saltiel, Senior
Counsel, at (202) 874-6648 or <a href="/cdn-cgi/l/email-protection#0a586f686f69696b24596b667e636f664a6c6379696b66247e786f6b797f7873246d657c"><span class="__cf_email__" data-cfemail="efbd8a8d8a8c8c8ec1bc8e839b868a83af89869c8c8e83c19b9d8a8e9c9a9d96c1888099">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
In 1998, Fiscal Service issued a final rule on part 208 of title
31, Code of Federal Regulations (part 208), to implement the
requirements of section 3332 of title 31 of the United States Code, as
amended by section 31001(x)(1) of the Debt Collection Improvement Act
of 1996, Public Law 104-134, 110 Stat. 1321-376 (section 3332). Section
3332 generally mandates that all Federal payments that the Government
makes, other than tax payments, be delivered by EFT unless waived by
the Secretary of the Treasury.
The waivers authorized by section 3332 are located exclusively in
part 208. Specifically, subsection (f)(2)(A) of section 3332 provides
that ``[t]he Secretary of the Treasury may waive application of [the
EFT mandate] to payments--(i) for individuals or classes of individuals
for whom compliance poses a hardship; (ii) for classifications or types
of checks; or (iii) in other circumstances as may be necessary.'' 31
U.S.C. 3332(f)(2)(A). Subsection (f)(2)(B) states that ``[t]he
Secretary of the Treasury shall make determinations under subparagraph
(A) based on standards developed by the Secretary.'' 31 U.S.C.
3332(f)(2)(B). 31 U.S.C. 3332 also, more generally, authorizes the
Secretary of the Treasury to ``prescribe regulations that the Secretary
considers necessary to carry out this section.'' 31 U.S.C. 3332(i)(1).
Pursuant to statutory authority in 31 U.S.C. 3335, part 208 also
provides that Treasury may assess a charge to an agency that fails to
make a payment by EFT as prescribed by part 208.
The part 208 waivers have remained largely unchanged since the late
1990s even as Treasury's percentage of payments made electronically has
significantly increased. In 2007, 78% of the Government's payments that
Treasury disbursed were made electronically. By 2021, that figure had
risen to over 96%. Of the 1.4 billion payments that Treasury typically
disburses each year on behalf of Federal agencies, all but about 50
million are paid electronically.
The part 208 waivers have also remained largely unchanged despite
Treasury expanding its electronic payment offerings. The additional
offerings include same-day Automated Clearing House (ACH) payments; ACH
payments with addenda information; Treasury-sponsored debit cards;
commercial prepaid cards; and emerging payments using digital wallets,
including the Treasury-sponsored Digital Pay program. Treasury also
operates electronic payment support and education programs and
platforms such as <a href="http://GoDirect.gov">GoDirect.gov</a> and the Direct Express Financial
Education Center. None of these offerings existed when Treasury
published its final rule on part 208 in 1998, including its waiver
provisions.
The use of Treasury-sponsored debit cards illustrates how much has
changed since the waivers were first published. Over 3.6 million
Federal benefit payees receive their payments on Direct Express debit
cards, which are linked to accounts sponsored by Treasury. Similarly,
over 16.5 million Economic Impact Payment (EIP) payees received
payments in 2020 and 2021 on EIP Cards, which are debit cards linked to
Treasury-sponsored accounts. The Direct Express program helps ensure
that recipients of Federal benefits receive payments electronically
even if they do not have bank accounts. The use of EIP Cards helped
Treasury meet its responsibility to issue EIPs as quickly as possible.
But for the issuance of debit cards, most of these payments would have
been by paper check.
It is Treasury's goal to create a modern, seamless, and cost-
effective Federal payment experience for the public. Expanding the use
of electronic payments and reducing the number of paper checks are
essential to this goal. Electronic payments are much faster and
significantly less expensive than paper checks. Electronic payments are
safer than paper checks as well, with direct deposits being 16 times
less likely to have post-payment issues (such as claims of missing or
misdelivered payments) than paper checks. Electronic payments avoid the
disproportionate burden checks can place on some payment recipients--
who may have to resort to expensive check cashing services--as well as
the negative impact that check production and delivery may have on the
environment.
There remains room for improvement in increasing the percentage of
payments made electronically and reducing the number of paper checks
produced and mailed out every year. Treasury works closely with Federal
agencies that make payments and has encountered numerous examples of
payments that are made by paper check that ought to be made
electronically. These often include Federal intragovernmental payments
and vendor payments, many of which take place on a recurring basis.
Increasing the electronic payment rate for Treasury-disbursed payments
is part of an Agency Priority Goal for Treasury, and Treasury has set
an objective that by the end of the decade 99% of all Government
payments it disburses for agencies will be paid electronically.
Treasury believes that it is time to narrow the existing waivers. A
narrowing of the waivers should increase the percentage of payments
made electronically and reduce the number of paper checks sent out each
year. This narrowing is possible and appropriate because of the changes
over the last 20 years that have increased the percentage of electronic
payments and the number of electronic payment options.
[[Page 1338]]
II. Proposed Change to Regulation
Summary of Proposal
The proposed rule affects the EFT waivers in Sec. 208.4 that have
been largely unchanged since the late 1990s. We propose amending
several existing waivers to either narrow their scope or to require the
agency seeking to use the waiver to first file a request with Treasury.
The rule changes are consistent with, and facilitated by, a substantial
increase in the percentage of electronic payments and in the number of
electronic payment options since many of these waivers were first
published.
We also propose to add a new paragraph (c) to Sec. 208.4 that
would give Treasury the ability to nullify an agency waiver if Treasury
makes the determination that the application of the waiver would lead
to an agency initiating an unusually large number or proportion of
payments by means other than EFT.
In addition, we propose amending Sec. 208.9(b) to clarify that
when an agency fails to make a payment by EFT as prescribed by part
208, Treasury will consider that payment to not be a timely payment
under 31 U.S.C. 3335, as EFT payments are processed, disbursed, and
settled more quickly than paper checks. We would retain the existing
language in Sec. 208.9(b) authorizing Treasury to assess a charge to
an agency that fails to make a payment by EFT as prescribed under this
part.
Treasury is requesting comment on all proposed amendments to this
part including views on whether the amendments are appropriate and
well-tailored to increase the delivery of secure and accurate
electronic payments at reduced operational costs while also improving
climate sustainability and expanding financial inclusion.
III. Section-by-Section Analysis
Sec. 208.1
We are not proposing any changes to Sec. 208.1.
Sec. 208.2
We are not proposing any changes to Sec. 208.2.
Sec. 208.3
We are not proposing any changes to Sec. 208.3.
Sec. 208.4
We propose to amend Sec. 208.4 in several ways.
We propose to amend the waiver at paragraph (a)(1)(ii), which
exists for payment types for which Treasury does not offer delivery to
a Treasury-sponsored account. The amendment would specify that if
Treasury provides an agency with an option to begin delivering a type
of payment to a Treasury-sponsored account, the agency must file a
waiver request with Treasury before making payments other than by EFT.
The waiver request process ensures that Treasury, not the agency, will
determine whether Treasury can offer payment delivery to a Treasury-
sponsored account. Filing the waiver request is sufficient to utilize
the waiver pending Treasury's decision on the request, but if Treasury
ultimately rejects the request, the waiver will cease for payments to
be made after the decision date.
We propose to add a new waiver to Sec. 208.4 that would be
numbered as a new paragraph (a)(3). This waiver would provide that
payment by EFT is not required when the payment is to be made in a
foreign currency and Treasury does not support electronic payment in
that foreign currency. Treasury currently supports electronic payments
in 145 foreign currencies to over 200 countries and territories, but we
acknowledge that Treasury payment systems do not support electronic
payment in every foreign currency. The proposed new waiver would apply
in these limited circumstances.
We propose to amend the existing waiver at paragraph (a)(3)
(proposed to be renumbered as paragraph (a)(4)), which waives the EFT
requirement for payments to recipients in a designated disaster area
within 120 days after the disaster is declared. The amendment would
allow an agency to extend this waiver beyond 120 days after the
disaster is declared, provided that the agency files a waiver request
with Treasury using a procedure set forth in paragraph (b). Filing is
sufficient to extend the waiver pending Treasury's decision on the
request, but if Treasury ultimately rejects the request the waiver will
cease for payments to be made after the decision date. We propose this
change in response to feedback we have received from an agency
regarding their disaster relief payments and the potential need to
extend the waiver beyond the initial 120-day timeframe. However,
agencies contemplating using this waiver should be mindful that U.S.
Debit Cards and Direct Express cards are electronic payment options
that Treasury can make available to recipients in designated disaster
areas, negating the need for an EFT waiver and paper checks in many
instances.
We propose to amend the waiver at paragraph (a)(6) (but would now
be renumbered as paragraph (a)(7)), which applies when an agency does
not expect to make payments to the same recipient within a one-year
period on a regular, recurring basis, and remittance data explaining
the purpose of the payment is not readily available from the
recipient's financial institution receiving the payment by EFT. We plan
to eliminate the language concerning the remittance data explaining the
purpose of the payment. This language is archaic and no longer
necessary or pertinent. Treasury disburses Federal payments to
recipients' financial institution accounts with information that the
financial institutions make available to recipients, allowing
recipients to determine the purpose of the payments. This information
often exceeds the information available on a Treasury check.
We also plan to amend the remaining language in the waiver at
paragraph (a)(6) (proposed to be renumbered as paragraph (a)(7)) to
narrow its scope so that it will only apply when an agency does not
expect to make payments to the same recipient within a one-year period
on a regular, recurring basis and that recipient is an individual or a
small business concern. We propose to adopt the meaning given to the
term ``small business concern'' in section 3 of the Small Business Act
at 15 U.S.C. 632. A broad waiver that would apply when an agency does
not expect to make payments to the same recipient within a one-year
period on a regular, recurring basis, regardless of the identity of the
recipient, is no longer necessary, given the variety of electronic
payment options available to agencies and payment recipients, including
vendors. Nevertheless, we propose to retain this waiver for agency
payments to small business concerns to aid Federal agencies in their
efforts to reach the broadest and most inclusive and diverse audience
for Federal agency contracting opportunities. We also propose to retain
this waiver for agency payments to individuals because we recognize
that there are limited situations in which it might still make sense
for an agency to make a one-time, non-recurring payment to an
individual by paper check.
During Treasury's ongoing interactions with agencies regarding our
efforts to increase electronic payments, we have become aware that some
agencies are mistakenly relying on the one-time, non-recurring payment
waiver (currently at Sec. 208.4(a)(6)) to make the first in a series
of recurring benefit payments to a recipient by paper check. Part 208
does not, as currently written, provide agencies with a waiver for the
initial payment in a series of recurring payments. We understand that
certain
[[Page 1339]]
benefit paying agencies have encountered process and systems-related
impediments that make it difficult for them to make the initial payment
in a series of recurring benefit payments by EFT.
We do not propose adding a permanent waiver for this category of
initial, recurring payments, but pursuant to Sec. 208.10 Treasury
reserves the right to waive any provisions of part 208 in any class of
cases. In response to the feedback we have received from benefit paying
agencies regarding systems impediments to making the initial payment in
a series of recurring payments by EFT, and using the discretion
provided in Sec. 208.10, we will waive application of the EFT mandate
for agencies making initial payments in a series of recurring payments
for two years from the date of publication of the final rule amending
part 208. This will permit affected agencies to make initial payments
by paper check while giving agencies the time they need to make any
required system or process changes that will allow them to fully comply
with the part 208 EFT mandate.
We propose to amend the existing waiver that is at paragraph (a)(7)
(proposed to be renumbered as paragraph (a)(8)), which applies to
payments where: (1) an agency's need for goods and services is urgent
or where there is only one source for goods or services and (2) the
Government would be significantly impacted unless payment is made by
means other than EFT. We would retain this waiver but require an agency
to file a waiver request with Treasury to invoke it. The subject matter
of this waiver is extremely fact specific, so we believe that it is
appropriate for Treasury to consider waiver requests under the new
(a)(8) on a case-by-case basis. Filing the waiver request is sufficient
to utilize the waiver pending Treasury's decision on the request, but
if Treasury ultimately rejects the request, the waiver will cease for
payments to be made after the decision date.
We propose to amend paragraph (b), which describes the waiver
request process. We would amend it so that it extends to requests for
waivers from agencies as well as individuals. Agencies do not submit
waiver requests today but pursuant to today's proposed rule would do so
in some cases as described above. Agencies seeking waivers would be
able to find more detailed information about how to file a waiver
request from Treasury in the Treasury Financial Manual at
<a href="http://fiscal.treasury.gov/tfm">fiscal.treasury.gov/tfm</a>. Agencies would be entitled to make payment by
paper check during the pendency of the waiver request process so that
no payments would be delayed by the new waiver request requirement.
Individuals seeking waivers can find more detailed information about
how to file a waiver request with Treasury at godirect.gov. Treasury
reserves the right to reject any waiver request it receives.
We propose to add a new paragraph (c) that would give Treasury the
ability to nullify an agency's waiver if Treasury makes the
determination that the application of the waiver would lead to the
agency initiating an unusually large number or proportion of payments
by means other than EFT. If Treasury nullified a waiver for a class of
cases in accordance with this new paragraph (c), Treasury would require
the agency in question to work with Treasury to identify and implement
ways to make the payments by EFT. Among other things, this may include
requiring an agency to work with Treasury to identify information to
make payments by EFT by using data that Treasury maintains on previous
payments to the same payment recipient.
The remaining provisions in Sec. 208.4 are unchanged.
Sec. 208.5
We are not proposing any changes to Sec. 208.5.
Sec. 208.6
We are not proposing any changes to Sec. 208.6.
Sec. 208.7
We propose to amend Sec. 208.7 to add a new requirement that an
agency shall provide to Treasury, upon request from Treasury, the
employer identification numbers (EINs) assigned to the agency that the
agency has used when making or receiving Federal intragovernmental
payments within the 12 months preceding the request as well as the EINs
for all Federal agencies to whom the agency has made a Federal
intragovernmental payment in the preceding 12 months. This agency EIN
data would be valuable because it would enable Treasury to identify
Federal intragovernmental payments more easily. We propose to add this
requirement as a subparagraph (b) and label the existing language in
208.7 as subparagraph (a).
Sec. 208.8
We are not proposing any changes to Sec. 208.8.
Sec. 208.9
We propose to amend Sec. 208.9(b) to clarify that when an agency
fails to make a payment by EFT as prescribed by this part, Treasury
will consider the payment to be untimely under 31 U.S.C. 3335, as EFT
payments are processed, disbursed, and settled more quickly than
checks. When an agency makes a paper check payment that falls into one
of the waiver categories in Sec. 208.4, Treasury will consider that
payment to be a timely payment under 31 U.S.C. 3335 as an exceptional
circumstance. We would retain the existing language in Sec. 208.9(b)
specifying that, pursuant to 31 U.S.C. 3335, Treasury may assess a
charge to an agency that fails to make a payment by EFT as prescribed
by part 208. Treasury would reserve the right to assess a charge to any
agency that fails to make a payment by EFT after Treasury has rejected
the agency's waiver request for that payment.
Sec. 208.10
We are not proposing any changes to Sec. 208.10.
Sec. 208.11
We are not proposing any changes to Sec. 208.11.
IV. Procedural Analysis
Request for Comment on Plain Language
Executive Order 12866 requires each agency in the Executive branch
to write regulations that are simple and easy to understand. We invite
comment on how to make the proposed rule clearer. For example, you may
wish to discuss: (1) whether we have organized the material to suit
your needs; (2) whether the requirements of the rule are clear; or (3)
whether there is something else we could do to make this rule easier to
understand.
Regulatory Planning and Review
The proposed rule does not meet the criteria for a ``significant
regulatory action'' as defined in Executive Order 12866. Therefore, the
regulatory review procedures contained therein do not apply.
Regulatory Flexibility Act Analysis
It is hereby certified that the proposed rule will not have a
significant economic impact on a substantial number of small entities.
The rule provisions being amended primarily apply to Federal agencies
and individuals who receive Federal payments, and do not have any
direct impact on small entities.
Unfunded Mandates Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C.
1532 (Unfunded Mandates Act), requires that the agency prepare a
budgetary impact statement before
[[Page 1340]]
promulgating any rule likely to result in a Federal mandate that may
result in the expenditure by State, local, and tribal Governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year. If a budgetary impact statement is required, section 205 of
the Unfunded Mandates Act also requires the agency to identify and
consider a reasonable number of regulatory alternatives before
promulgating the rule. We have determined that the proposed rule will
not result in expenditures by State, local, and tribal Governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year. Accordingly, we have not prepared a budgetary impact
statement or specifically addressed any regulatory alternatives.
V. Proposed Regulations
List of Subjects in 31 CFR Part 208
Banks, banking, Debit cards, Disbursements, Electronic funds
transfers, Federal payments, Treasury-sponsored accounts.
For the reasons set out in the preamble, we propose to amend 31 CFR
part 208 as follows:
Title 31: Money and Finance: Treasury
PART 208--MANAGEMENT OF FEDERAL AGENCY DISBURSEMENTS
0
1. The authority citation for part 208 continues to read as follows:
Authority: 5 U.S.C. 301; 12 U.S.C. 90, 265, 266, 1767, 1789a;
31 U.S.C. 321, 3122, 3301, 3302, 3303, 3321, 3325, 3327, 3328, 3332,
3335, 3336, 6503.
* * * * *
0
2. Amend Sec. 208.4 by:
0
a. Revising paragraph (a)(1)(ii);
0
b. Adding a new paragraph (a)(3) and redesignating paragraphs (a)(3)
through (a)(7) as paragraphs (a)(4) through (a)(8);
0
c. Revising paragraphs (a)(4), (a)(7), and (a)(8);
0
d. Revising paragraph (b); and
0
e. Adding a new paragraph (c).
The revisions and additions read as follows:
Sec. 208.4 Waivers.
(a) * * *
(ii) * * * However, if Treasury provides an agency with an option
to begin delivering a type of payment to a Treasury-sponsored account,
the agency must file a waiver request with Treasury to make payments of
that type by any means other than by electronic funds transfer.
* * * * *
(3) Where the payment is in a foreign currency and Treasury does
not support electronic payment in that currency.
(4) * * * An agency must file a waiver request with Treasury (which
must be approved by Treasury) to extend this waiver beyond 120 days
after the disaster is declared.
* * * * *
(7) Where the agency does not expect to make multiple payments to
the same recipient within a one-year period on a regular, recurring
basis but only if the payments are made to an individual or a small
business concern where ``small business concern'' has the meaning given
the term in section 3 of the Small Business Act at 15 U.S.C. 632.
(8) * * * An agency must file a waiver request with Treasury (which
must be approved by Treasury) to utilize this waiver.
(b) An individual who requests a waiver under paragraphs (a)(1)(iv)
and (v) or an agency who requests a waiver under paragraphs (a)(1)(ii),
(a)(4), or (a)(8) of this section shall provide, in writing, to
Treasury a certification supporting that request, in such form that
Treasury may prescribe. The individual shall attest to the
certification before a notary public, or otherwise file the
certification in such form that Treasury may prescribe. Treasury
reserves the right to reject any waiver request it receives.
(c) If application of an agency's waiver, together with any waiver
request previously granted under paragraphs (a)(1)(ii), (a)(4), or
(a)(8), would, in Treasury's determination, lead to the agency
initiating an unusually large number or proportion of payments by means
other than electronic funds transfer, Treasury reserves the right to
nullify the waiver in this class of cases and require the agency to
work with Treasury to identify and implement ways to make the payments
by electronic funds transfer.
* * * * *
0
3. Amend Sec. 208.7 by:
0
a. Redesignating the existing language as paragraph (a); and
0
b. Adding a new paragraph (b).
The revision and addition read as follows:
Sec. 208.7 Agency responsibilities.
(a) An agency shall put into place procedures that allow recipients
to provide the information necessary for the delivery of payments to
the recipient by electronic funds transfer to an account at the
recipient's financial institution or a Treasury-sponsored account.
(b) Upon request from Treasury, an agency shall provide Treasury
with a list of the employer identification numbers (EINs) assigned to
the agency that the agency has used to make or receive a Federal
intragovernmental payment during the 12-month period preceding the
request from Treasury as well as a list of the EINs for all Federal
agencies to whom the agency has made a Federal intragovernmental
payment during the same 12-month period.
* * * * *
0
4. Amend Sec. 208.9 by revising paragraph (b) to read as follows:
Sec. 208.9 Compliance.
* * * * *
(b) If an agency fails to make payment by electronic funds transfer
as prescribed under this part, Treasury will consider that payment to
be not timely pursuant to 31 U.S.C. 3335, as electronic funds transfer
payments are processed, disbursed, and settled more quickly than checks
and, accordingly, Treasury may assess a charge to the agency pursuant
to 31 U.S.C. 3335.
David Lebryk,
Fiscal Assistant Secretary.
[FR Doc. 2022-28458 Filed 1-9-23; 8:45 am]
BILLING CODE 4810-35-P
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