Notice2026-17963
Privacy Act of 1974; Matching Program
Primary source
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Published
September 2, 2026
Effective
September 10, 2029
Issuing agencies
Justice Department
Abstract
In accordance with the Privacy Act of 1974, as amended, and Office of Management and Budget (OMB) guidance on computer matching, the Department of Justice ("Department") is providing notice of the establishment of a new matching program. Pursuant to the Payment Integrity Information Act of 2019, the Department, including its components and program offices, is establishing a new matching program consisting of the computerized comparison of systems of records for benefits programs at the Department with the Do Not Pay (DNP) Working System, which is administered by Treasury's Bureau of the Fiscal Service. This matching program will enable the Department programs listed in the appendix of this notice to compare records maintained in their respective systems of records with records maintained in the DNP Working System for the purposes of identifying and preventing improper payments and conducting any related recovery activities by verifying through DNP prepayment or pre-award eligibility.
Full Text
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<title>Federal Register, Volume 91 Issue 169 (Wednesday, September 2, 2026)</title>
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[Federal Register Volume 91, Number 169 (Wednesday, September 2, 2026)]
[Notices]
[Pages 56474-56476]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17963]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 007-2026]
Privacy Act of 1974; Matching Program
AGENCY: United States Department of Justice.
ACTION: Notice of a new matching program.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, and
Office of Management and Budget (OMB) guidance on computer matching,
the Department of Justice (``Department'') is providing notice of the
establishment of a new matching program. Pursuant to the Payment
Integrity Information Act of 2019, the Department, including its
components and program offices, is establishing a new matching program
consisting of the computerized comparison of systems of records for
benefits programs at the Department with the Do Not Pay (DNP) Working
System, which is administered by Treasury's Bureau of the Fiscal
Service. This matching program will
[[Page 56475]]
enable the Department programs listed in the appendix of this notice to
compare records maintained in their respective systems of records with
records maintained in the DNP Working System for the purposes of
identifying and preventing improper payments and conducting any related
recovery activities by verifying through DNP prepayment or pre-award
eligibility.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
subject to a 30-day notice and comment period. Please submit any
comments by October 2, 2026. This new matching program will be
effective 30 days after publication of this notice through September
10, 2029.
ADDRESSES: The public is invited to submit any comments to the U.S.
Department of Justice, Office of Privacy and Civil Liberties, ATTN:
Privacy Analyst, Two Constitution Square, 145 N St. NE, Suite 8W-300,
Washington, DC 20530; by facsimile at 202-307-0693; or by email at
<a href="/cdn-cgi/l/email-protection#85f5f7ecf3e4e6fcabe6eae8f5e9ece4ebe6e0c5f0f6e1eaefabe2eaf3"><span class="__cf_email__" data-cfemail="7707051e0116140e5914181a071b1e1619141237020413181d59101801">[email protected]</span></a>. To ensure proper handling, please
reference the above CPCLO Order No. on your correspondence.
FOR FURTHER INFORMATION CONTACT: Kameron Cox, Counsel, Office of
Privacy and Civil Liberties, Two Constitution Square, 145 N St. NE,
Suite 8W-300, Washington, DC 20530; by facsimile at 202-307-0693; or by
email at <a href="/cdn-cgi/l/email-protection#5c2c2e352a3d3f25723f33312c30353d323f391c292f383336723b332a"><span class="__cf_email__" data-cfemail="d0a0a2b9a6b1b3a9feb3bfbda0bcb9b1beb3b590a5a3b4bfbafeb7bfa6">[email protected]</span></a>. To ensure proper handling,
please reference the above CPCLO Order No. on your correspondence.
SUPPLEMENTARY INFORMATION: On March 25, 2025, the President issued
Executive Order (E.O.) 14249, Protecting America's Bank Account Against
Fraud, Waste, and Abuse (90 FR 14011), to promote the financial
integrity and operational efficiency of the Federal Government. The
Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100-503)
amended the Privacy Act of 1974 (5 U.S.C. 552a (<a href="https://www.govinfo.gov/link/uscode/5/552a">https://www.govinfo.gov/link/uscode/5/552a</a>)) by establishing procedural
safeguards related to agencies' use of records when performing certain
types of computerized matching. Section 7201 of the Omnibus Budget
Reconciliation Act of 1990 (Pub. L. 101-508) further amended the
Privacy Act regarding protections for individuals when agencies perform
these functions. Additionally, the Payment Integrity Information Act of
2019 (31 U.S.C. 3351 (<a href="https://www.govinfo.gov/link/uscode/31/3351">https://www.govinfo.gov/link/uscode/31/3351</a>) et
seq.) provides the head of the agency operating the DNP Working System
with the authority, in consultation with OMB, to waive the requirements
in 5 U.S.C. 552a(o) (<a href="https://www.govinfo.gov/link/uscode/5/552a">https://www.govinfo.gov/link/uscode/5/552a</a>) in any
case or class of cases for matching activities conducted under the DNP
Initiative (31 U.S.C. 3354 (<a href="https://www.govinfo.gov/link/uscode/31/3354">https://www.govinfo.gov/link/uscode/31/3354</a>)). Pursuant to this authority, the Secretary of the Treasury,
after consulting with the OMB Director, authorized the issuance of a
four-year waiver of the requirement for entering into a matching
agreement under 5 U.S.C. 552a(o) (<a href="https://www.govinfo.gov/link/uscode/5/552a">https://www.govinfo.gov/link/uscode/5/552a</a>) for the class of matching programs that meet all of the
criteria defined in OMB Memorandum M-25-32, Preventing Improper
Payments and Protecting Privacy through Do Not Pay. The Department, in
coordination with Treasury has determined that the DNP matching program
described in this notice is eligible for the waiver described in OMB
Memorandum M-25-32, which is effective from September 10, 2025, through
September 10, 2029. For purposes of this notice, matching activities
conducted between the Federal benefit programs listed in this document
and the DNP Working System constitute a single agency-wide matching
program implementing DNP for the Department's listed programs.\1\
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\1\ The statutory definition of the term ``matching program''
means ``any computerized comparison of--(i) two or more automated
systems of records or a system of records with non-Federal records''
for certain enumerated purposes. 5 U.S.C. 552a(a)(8) (emphasis
added). There is a separate statutory definition for ``Federal
benefit program.'' See OMB Memorandum M-25-32 at Appendix II, page
2, sec. a.3.iii.1 (recognizing that a single agency matching program
may consist of multiple systems of records). Thus, this notice
applies to the Do Not Pay matching program for multiple Federal
benefits programs and associated systems of records within the
Department.
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Participating Agencies
The U.S. Department of Justice and U.S. Department of the Treasury,
Bureau of the Fiscal Service.
Authority for Conducting the Matching Program
The Payment Integrity Information Act of 2019 (31 U.S.C. 3351 et
seq.) establishes the DNP Initiative and requires, for the purposes of
identifying and preventing improper payments, each executive agency to
have access to, and use of, the relevant databases in DNP to verify
payment or award eligibility. Additional applicable authorities for
this matching program include Executive Order 13520, Reducing Improper
Payments (74 FR 62201); Executive Order 14249, Protecting America's
Bank Account Against Fraud, Waste, and Abuse (90 FR 14011); and OMB
Memorandum M-25-32, Preventing Improper Payments and Protecting Privacy
Through Do Not Pay. Additional information regarding the statutory
authorities for the collection and maintenance of information for each
of the Department's programs that will conduct matches with the DNP
Working System are contained within the systems of records notices
listed below.
Purpose(s)
The purposes of the matching program are identifying and preventing
improper payments and conducting any related recovery activities by
verifying through Do Not Pay prepayment or pre-award eligibility. Data
elements that are necessary for eligibility determinations for a
relevant Department program that are contained in records from the
Department systems of records will be compared with records in the DNP
Working System. When there is a match between a record provided by the
Department program and a record in the DNP Working System, the DNP
Working System will notify the submitting the Department program of a
potentially matching record and will identify the database(s) that
contain the potentially matching record(s). The Department program will
then review the information to determine whether additional action is
needed. If no matches are identified, the DNP Working System will
provide a ``no match'' response to the submitting the Department
program.
Purposes of the Relevant Department Programs
RECA: The Radiation Exposure Compensation Act (RECA) established a
non-adversarial administrative claims program to provide financial
relief for illnesses presumed to have been caused by U.S. Government
atmospheric nuclear testing, domestic uranium extraction, and waste
created during the Manhattan Project. RECA is codified by Radiation
Exposure Compensation Act U.S.C. 2210 note, Sec. 6 & 42 U.S.C. 2210
note, as amended by Public Law 119-21, Sections 100201-100205 (July 4,
2025).
9/11 VCF: The September 11th Victim Compensation Fund of 2001 File
System is a system of records established to support the administration
of the program to compensate individuals who were physically injured or
the personal representatives of those who were killed as a result of
the terrorist-related aircraft crashes of September 11, 2001.
Categories of Individuals
RECA: Individuals/entities applying for or receiving benefits under
the Radiation Exposure Compensation Act
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(``RECA'') (i.e., individuals claiming or eligible surviving
beneficiaries of an individual who developed a covered presumptive
illness as a result of the U.S. Government atmospheric nuclear testing,
domestic uranium extraction, and waste created during the Manhattan
Project.)
9/11 VCF: Individuals who claim benefits under the September 11th
Victim Compensation Fund of 2001 (``9/11 VCF'') (i.e., individuals
claiming to have suffered physical injury or the personal
representatives of individuals who were killed as a result of the
terrorist attacks of September 11, 2001).
Categories of Records
Data elements (derived from claimants or beneficiaries) that will
be used for the matching activity include:
RECA:
1. First and Last Name.
2. Social Security Number.
3. Date of Birth (Note that ``Date of Birth'' is not transmitted by
the Department to DNP. Date of Birth is used to validate results from
Do Not Pay).
9/11 VCF:
1. First and Last Name.
2. Social Security Number.
3. Date of Birth (Note that ``Date of Birth'' is not transmitted by
the Department to DNP. Date of Birth is used to validate results from
Do Not Pay).
System(s) of Records
United States Department of Justice System of Records Notices and
citations follow. An asterisk (*) designates the last full Federal
Register notice that includes all of the elements that are required to
be in a System of Records Notice.
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Federal Register, Applicable
System No. and name citations program
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JUSTICE/DOJ-001, Accounting 69 FR 31406*, 71 FR RECA, 9/11 VCF.
Systems for the Department of 142, 72 FR 3410, 75
Justice. FR 13575, 82 FR
24147; 91 FR 27085.
JUSTICE/CIV-001, Civil 63 FR 8659, 665*, 66 RECA, 9/11 VCF.
Division Case File System. FR 8425, 66 FR 17200,
66 FR 36593, 72 FR
3410, 82 FR 24147, 91
FR 27085.
JUSTICE/CIV-008, September 66 FR 65991*, 66 FR 9/11 VCF.
11th Victim Compensation Fund 8425, 72 FR 3410, 82
of 2001 File System. FR 24147, 91 FR 27085.
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Dated: August 28, 2026.
Laurence E. Rothenberg,
Chief Privacy and Civil Liberties Officer, United States Department of
Justice.
[FR Doc. 2026-17963 Filed 9-1-26; 8:45 am]
BILLING CODE 4410-NW-P
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