[Federal Register Volume 90, Number 234 (Tuesday, December 9, 2025)]
[Notices]
[Pages 57040-57041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-22310]
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DEPARTMENT OF EDUCATION
[Docket ID ED-2025-OPEPD-0022]
Privacy Act of 1974; System of Records
AGENCY: U.S. Department of Education.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Education (Department) is modifying the systems of
records listed in this notice to incorporate a routine use related to
investigating potential fraud, waste, and abuse pursuant to Executive
Order 14249, ``Protecting America's Bank Account Against Fraud, Waste,
and Abuse'' and Office of Management and Budget (OMB) Memorandum M-25-
32, ``Preventing Improper Payments and Protecting Privacy Through Do
Not Pay.'' This modification addresses the requirement under the
Executive Order to establish a routine use that allows for the
``disclosure of records to the Department of the Treasury for the
purposes of identifying, preventing, or recouping fraud and improper
payments, to the extent permissible by law.''
DATES: Submit your comments on these modified system of records notices
on or before January 8, 2026.
The routine use outlined in the section titled ``ROUTINE USES OF
RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES'' will become applicable on the expiration of the
30-day period of public comment on January 8, 2026, unless they need to
be changed as a result of public comment. The Department will publish
any significant changes to the systems of records or routine uses
resulting from public comment.
ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at regulations.gov. However, if you require an accommodation or
cannot otherwise submit your comments via regulations.gov, please
contact the program contact listed under FOR FURTHER INFORMATION
CONTACT. The Department will not accept comments submitted by fax or by
email, or comments submitted after the comment period closes. To ensure
that the Department does not receive duplicate copies, please submit
your comments only once. In addition, please include the Docket ID at
the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``FAQ''.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request, we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice. If you want to schedule an
appointment for this type of accommodation or aid, please contact the
person listed under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Mr. Frank E. Miller, Jr., Senior
Agency Official for Privacy, Student Privacy Policy Office, Office of
Planning, Evaluation and Policy Development, U.S. Department of
Education, 400 Maryland Ave. SW, Washington, DC 20202. Telephone: (202)
453-6631. Email: [email protected].
[[Page 57041]]
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION: On March 25, 2025, the President of the
United States of America issued Executive Order 14249, ``Protecting
America's Bank Account from Fraud, Waste, and Abuse,'' directing
Federal agencies to share information with the U.S. Department of the
Treasury to mitigate fraud, waste, and abuse across the Federal
government. Section 3(d) of this Executive Order requires Federal
agencies to modify relevant system of records notices to include a
routine use allowing for the ``disclosure of records to the Department
of the Treasury for the purposes of identifying, preventing, or
recouping fraud and improper payments, to the extent permissible by
law.''
Subsequently, on August 20, 2025, the Office of Management and
Budget (OMB) issued Memorandum M-25-32, ``Preventing Improper Payments
and Protecting Privacy Through Do Not Pay,'' clarifying the
modifications required to be made to system of records notices under
Executive Order 14249. Specifically, M-25-32 requires a routine use be
added for any system that may disclose information to the U.S.
Department of the Treasury for identifying, preventing, or recouping
improper payments by reviewing payment and award eligibility through
the Do Not Pay Working System.
The Department is modifying the systems of records identified in
this Notice to include the routine use set forth in Section 3(d) of
Executive Order 14249 and M-25-32, Appendix I.
Accessible Format: On request to the program contact persons listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site, you can view this
document, as well as all other Department documents published in the
Federal Register, in text or Portable Document Format (PDF). To use
PDF, you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access Department documents published in the Federal
Register by using the article search feature at
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Murray Bessette,
Acting Assistant Secretary, Office of Planning, Evaluation, and Policy
Development.
For the reasons discussed in the preamble, the Acting Assistant
Secretary, Office of Planning, Evaluation, and Policy Development of
the U.S. Department of Education (Department) publishes a modified
system of records notice, as follows:
SYSTEM NAME AND NUMBER:
The systems of records to be modified by including the new routine
use described in this notice are listed below. An asterisk (*)
designates the last publication of the complete document in the Federal
Register. Any history prior to the last publication in the Federal
Register is omitted for clarity.
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SORN No. SORN name FR citation
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18-04-04........................... Education Central Automated 80 FR 80331, 64 FR 30114.*
Processing System (EDCAPS).
18-11-17........................... Financial Management System 73 FR 179.*
(FMS).
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SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The appropriate Department program, as identified in each notice
listed above, governs each respective system of records.
SYSTEM MANAGER(S):
The applicable program executive is identified in each notice
listed above.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to disclosures generally permitted under 5 U.S.C.
552a(b), all or a portion of the records or information contained in
the systems identifier above may be disclosed outside the Department
pursuant to 5 U.S.C. 552a(b)(3) as follows: ``To the U.S. Department of
the Treasury when disclosure of the information is relevant to review
payment and award eligibility through the Do Not Pay Working System for
the purposes of identifying, preventing, or recouping improper payments
to an applicant for, or recipient of, Federal funds, including funds
disbursed by a state (meaning a state of the United States, the
District of Columbia, a territory or possession of the United States,
or a federally recognized Indian tribe) in a state-administered,
federally funded program.''
HISTORY:
See the notice for the systems listed above.
[FR Doc. 2025-22310 Filed 12-8-25; 8:45 am]
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