[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Notices]
[Pages 38882-38884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18615]



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Part VI





Department of Education





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Privacy Act of 1974; System of Records--Erma Byrd Scholarship Program 
(EBSP) System; Notice

  Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / 
Notices  

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DEPARTMENT OF EDUCATION


Privacy Act of 1974; System of Records--Erma Byrd Scholarship 
Program (EBSP) System

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Department of Education (Department) publishes this 
notice of a new system of records entitled ``Erma Byrd Scholarship 
Program (EBSP)'' system (18-12-08).
    The EBSP system contains a variety of information relating to a 
student's application for, and participation in, the EBSP. The 
Department collects this information to determine the qualifications 
and eligibility of scholarship recipients under the EBSP, which 
provides scholarships to individuals pursuing a course of study that 
will lead to a career in industrial health and safety occupations, 
including mine safety. The information in the EBSP system will also be 
used to ensure compliance with program requirements and to demonstrate 
program effectiveness. The Department seeks comment on the new system 
of records described in this notice, in accordance with the 
requirements of the Privacy Act.

DATES: We must receive your comments about this new system of records 
on or before September 3, 2009.
    The Department filed a report describing the new system of records 
covered by this notice with the Chair of the Senate Committee on 
Homeland Security and Governmental Affairs, the Chair of the House 
Committee on Oversight and Government Reform, and the Administrator of 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget (OMB) on July 30, 2009. This system of records will become 
effective at the later date of--(1) the expiration of the 40-day period 
for OMB review on September 8, 2009; or (2) September 3, 2009, unless 
the system of records needs to be changed as a result of public comment 
or OMB review.

ADDRESSES: Address all comments about this new system of records to 
Lauren Kennedy, Erma Byrd Scholarship Program Office, Office of 
Postsecondary Education, U.S. Department of Education, 1990 K Street, 
NW., 6th Floor, Washington, DC 20006-8510. If you prefer to send 
comments through the Internet, use the following address: 
[email protected].
    You must include the term ``Erma Byrd Scholarship Program'' in the 
subject line of your electronic message.
    During and after the comment period, you may inspect all comments 
about this notice at the U.S. Department of Education, 1990 K Street, 
NW., 6th Floor, Washington, DC, between the hours of 8:00 a.m. and 4:30 
p.m., Eastern time, Monday through Friday of each week except Federal 
holidays.
    Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record: On request, we will supply an appropriate aid, such 
as a reader or print magnifier, 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 aid, please contact the person listed 
under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Lauren Kennedy, Erma Byrd Scholarship 
Program Office. Telephone number: (202) 502-7630. If you use a 
telecommunications device for the deaf (TDD), call the Federal Relay 
Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain this document in an 
accessible format (e.g., braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in this section.

SUPPLEMENTARY INFORMATION: 

Introduction

    The Privacy Act (5 U.S.C. 552a(e)(4)) requires the Department to 
publish in the Federal Register this notice of a new system of records 
maintained by the Department. The Department's regulations implementing 
the Privacy Act are contained in the Code of Federal Regulations (CFR) 
in part 5b of title 34.
    The Privacy Act applies to a record about an individual that is 
maintained in a system of records from which individually identifying 
information is retrieved by a unique identifier associated with each 
individual, such as a name or Social Security number. The information 
about each individual is called a ``record,'' and the system, whether 
manual or computer-based, is called a ``system of records.''
    Whenever the agency publishes a new system of records or makes a 
significant change to an established system of records, the Privacy Act 
requires each agency to publish a system of records notice in the 
Federal Register and to submit a report to the Administrator of the 
Office of Information and Regulatory Affairs, OMB. Each agency is also 
required to send copies of the report to the Chair of the Committee on 
Oversight and Government Reform of the House of Representatives, and to 
the Chair of the Committee on Homeland Security and Governmental 
Affairs of the Senate.

Electronic Access to this Document

    You can view this document, as well as all other documents of this 
Department published in the Federal Register, in text or Adobe Portable 
Document Format (PDF) on the Internet at the following site: http://www.ed.gov/news/fedregister/index.html.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note:  The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara.

    Delegation of Authority: The Secretary of Education has delegated 
authority to Daniel T. Madzelan, Director, Forecasting and Policy 
Analysis for the Office of Postsecondary Education, to perform the 
functions and duties of the Assistant Secretary for Postsecondary 
Education.

    Dated: July 30, 2009.
Daniel T. Madzelan,
Director, Forecasting and Policy Analysis.
    For the reasons discussed in the preamble, the Office of 
Postsecondary Education, U.S. Department of Education publishes a 
notice of a new system of records, to read as follows:
SYSTEM NUMBER: 18-12-08

System Name:
    Erma Byrd Scholarship Program (EBSP).

Security Classification:
    None.

System Location:
    Office of Postsecondary Education, U.S. Department of Education, 
1990 K Street, NW., 6th Floor, Washington, DC 20006-8510.

Categories of Individuals Covered by the System:
    This system contains records on students who apply for EBSP 
scholarships to pursue a course of study that will lead to a career in 
industrial health and safety occupations, including mine safety. To be 
eligible for EBSP scholarships, applicants must be United

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States citizens, nationals, or permanent residents who are enrolled or 
planning to enroll in an accredited institution of higher education in 
a degree program that will prepare them for a career in industrial 
health and safety occupations, including mine safety. Individuals must 
be enrolled or planning to enroll in an associate's degree program, or 
be within two years of completing a degree at the bachelor's or 
graduate level.
    In selecting undergraduate applicants to receive an EBSP 
scholarship, the Department will give priority first to students who 
are eligible to receive a Federal Pell Grant. The Federal Pell Grant 
Program provides need-based grants to low-income undergraduate and 
certain postbaccalaureate students to promote access to postsecondary 
education. In addition, the Department will evaluate eligibility for 
the EBSP scholarships based on an applicant's course of study.

Categories of Records in the System:
    The EBSP system contains a variety of information relating to a 
student's application for, and participation in, the EBSP. Information 
on an applicant in the system includes the student's name, the 
student's Social Security number, the student's address, the student's 
phone number, the student's e-mail address, the student's course of 
study, and the name of the institution of higher education in which the 
student is enrolled or intends to enroll. The Department is collecting 
the student's Social Security number in order to verify the Federal 
Pell Grant eligibility of EBSP undergraduate applicants through the 
U.S. Department of Education's National Student Loan Data System. If 
the applicant receives an EBSP scholarship, the system also includes 
information about the amount and period of the student's scholarship, 
the student's agreement to the terms of the scholarship, verification 
of the institution's agreement to disburse the scholarship, and 
verification of the student's employment in a career related to 
industrial health and safety occupations, including mine safety, for a 
period of at least one year, beginning no more than six months after 
completion of the degree. The Department is also collecting the 
student's Social Security number in order to facilitate conversion of 
the scholarship into a Federal Direct Loan should the recipient fail to 
comply with the terms and conditions of the scholarship.

Authority for Maintenance of the System:
    Division F, Title III of the Omnibus Appropriations Act, 2009 (Pub. 
L. 111-8) and the Government Performance Results Act of 1993 (Pub. L. 
103-62).

Purpose(S):
    The Department is establishing this system of records for the 
following purposes:
    (1) To determine the qualifications and eligibility of EBSP 
scholarship applicants, including the determination of Pell eligibility 
(for undergraduates).
    (2) To ensure compliance with program requirements.
    (3) To demonstrate program effectiveness.
    (4) To ensure that an EBSP scholarship recipient fulfills the 
service obligation associated with this program by obtaining employment 
in a career related to industrial health and safety occupations, 
including mine safety, for at least one year after completion of the 
degree.
    (5) To ensure the repayment of the amount of the scholarship if the 
student is not employed in a career related to industrial healthy and 
safety occupations, including mine safety, for at least one year after 
completion of the degree.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    The Department may disclose information contained in a record in 
this system of records without the consent of the individual if the 
disclosure is compatible with the purposes for which the record was 
collected. The Department may make these disclosures on a case-by-case 
basis, or, if the Department has complied with the computer matching 
requirements of the Computer Matching and Privacy Protection Act of 
1988, as amended, under a computer matching agreement.
    (1) Program Disclosures. The Department may disclose records to an 
institution of higher education to verify that the scholarship 
recipient is enrolled in an eligible program at that institution and to 
facilitate the disbursement of scholarship funds under this program. In 
addition, the Department may disclose records to the scholarship 
recipient's employer to verify that the scholarship recipient is 
employed in a career position related to industrial health and safety, 
including mine safety, for at least one year after completion of the 
degree.
    (2) Disclosure for Use by Other Law Enforcement Agencies. The 
Department may disclose information to any Federal, State, local, or 
foreign agency, or other public authority responsible for enforcing, 
investigating, or prosecuting violations of administrative, civil, or 
criminal law or regulation if that information is relevant to any 
enforcement, regulatory, investigative, or prosecutorial responsibility 
within the receiving entity's jurisdiction.
    (3) Enforcement Disclosure. In the event that information in this 
system of records indicates, either on its face or in connection with 
other information, a violation or potential violation of any applicable 
statutory, regulatory, or legally binding requirement, the Department 
may disclose the relevant records to the appropriate agency, whether 
foreign, Federal, State, Tribal, or local, charged with the 
responsibility of investigating or prosecuting that violation or 
charged with enforcing or implementing the statute, Executive order, 
rule, regulation, or order issued pursuant thereto.
    (4) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
    (a) Introduction. In the event that one of the parties listed below 
is involved in litigation or ADR, or has an interest in litigation or 
ADR, the Department may disclose certain records to the parties 
described in paragraphs (b), (c), and (d) of this routine use under the 
conditions specified in those paragraphs:
    (i) The Department or any of its components.
    (ii) Any Department employee in his or her official capacity.
    (iii) Any Department employee in his or her individual capacity if 
the U.S. Department of Justice (DOJ) has been requested to or has 
agreed to provide or arrange for representation for the employee.
    (iv) Any Department employee in his or her individual capacity 
where the Department has agreed to represent the employee.
    (v) The United States where the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to DOJ. If the Department determines that disclosure 
of certain records to DOJ is relevant and necessary to litigation or 
ADR, the Department may disclose those records as a routine use to DOJ.
    (c) Adjudicative Disclosure. If the Department determines that it 
is relevant and necessary to the litigation or ADR to disclose certain 
records to an adjudicative body before which the Department is 
authorized to appear, to an individual, or to an entity designated by 
the Department or otherwise empowered to resolve or mediate disputes, 
the Department may disclose

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those records as a routine use to the adjudicative body, individual, or 
entity.
    (d) Disclosure to Parties, Counsel, Representatives, or Witnesses. 
If the Department determines that disclosure of certain records to a 
party, counsel, representative, or witness is relevant and necessary to 
the litigation or ADR, the Department may disclose those records as a 
routine use to the party, counsel, representative, or witness.
    (5) Freedom of Information Act (FOIA) and Privacy Act Advice 
Disclosure. The Department may disclose records to DOJ or OMB if the 
Department concludes that disclosure would help in determining whether 
particular records are required to be disclosed under the FOIA or the 
Privacy Act.
    (6) Contract Disclosure. If the Department contracts with an entity 
to perform any function that requires disclosing records to the 
contractor's employees, the Department may disclose the records to 
those employees. Before entering into such a contract, the Department 
shall require the contractor to maintain Privacy Act safeguards as 
required under 5 U.S.C. 552a(m) with respect to the records in the 
system.
    (7) Congressional Member Disclosure. The Department may disclose 
the records of an individual to a member of Congress or the member's 
staff in response to an inquiry from the member made at the written 
request of that individual. The member's right to the information is no 
greater than the right of the individual who requested the inquiry.
    (8) Disclosure in the Course of Responding to Breach of Data. The 
Department may disclose records to appropriate agencies, entities, and 
persons when: (a) The Department suspects or has confirmed that the 
security or confidentiality of information in the EBSP system has been 
compromised; (b) the Department has determined that as a result of the 
suspected or confirmed compromise, there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of the EBSP system or other systems or programs (whether 
maintained by the Department or by another agency or entity) that rely 
upon the compromised information; and (c) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the Department's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.

Disclosure to Consumer Reporting Agencies
    Disclosures pursuant to 5 U.S.C. 552a(b)(12): The Department may 
disclose to a consumer reporting agency information regarding a claim 
by the Department which is determined to be valid and overdue as 
follows: (1) The name, address, taxpayer identification number and 
other information necessary to establish the identity of the individual 
responsible for the claim; (2) the amount, status, and history of the 
claim; and (3) the program under which the claim arose. The Department 
may disclose the information specified in the preceding sentence in 
accordance with 5 U.S.C. 552a(b)(12) and the procedures contained in 31 
U.S.C. 3711(e). A consumer reporting agency to which these disclosures 
may be made is defined in 31 U.S.C. 3701(a)(3).

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System
Storage
    The hard copy records will be stored in locked filing cabinets, and 
the electronic copy records will be maintained in a database on the 
Department's secure servers and in other electronic storage media.

Retrievability
    Records are retrieved using an individual's name, Social Security 
number, or institution of higher education in which the applicant is 
enrolled.

Safeguards
    Access to the records is limited to authorized personnel only. All 
physical access to the Department's site where the data is collected 
and this system of records is maintained is controlled and monitored by 
security personnel who check each individual entering the buildings for 
his or her employee or visitor badge.
    The computer system employed by the Department offers a high degree 
of resistance to tampering and circumvention. This security system 
limits data access to Department and contract staff on a ``need-to-
know'' basis, and controls an individual user's ability to access and 
alter records within the system. All users of this system of records 
are given a unique user identification. The Department's Privacy Policy 
requires the enforcement of a complex password policy. In addition, 
users are required to change their passwords at least every 60 to 90 
days in accordance with the Department's information technology 
standards.

Retention and Disposal
    In accordance with the Department's Records Disposition Schedules, 
part 10, Item 3a, records will be destroyed five years after final 
payment to grantee, or after audit, whichever is sooner.

System Manager(S) and Address
    Lauren Kennedy, Erma Byrd Scholarship Program Office, Office of 
Postsecondary Education, U.S. Department of Education, 1990 K Street, 
NW., 6th Floor, Washington, DC 20006-8510.

Notification Procedure
    If you wish to determine whether a record exists regarding you in 
the system of records, contact the system manager. Your request must 
meet the requirements of the regulations in 34 CFR 5b.5, including 
proof of identity.

Record Access Procedure
    If you wish to gain access to your record in the system of records, 
contact the system manager at the address listed under System Manager 
and Address. Requests should contain your full name, address, and 
telephone number. Your request must meet the requirements of the 
regulations in 34 CFR 5b.5, including proof of identity.

Contesting Record Procedure
    If you wish to contest the content of a record regarding you in the 
system of records, contact the system manager. Your request must meet 
the requirements of the regulations in 34 CFR 5b.7, including proof of 
identity.

Record Source Categories
    Information maintained in this system of records is obtained from 
applicants, institutions of higher education, and employers of 
scholarship recipients. In addition, information from the U.S. 
Department of Education's National Student Loan Data System will be 
used to verify information maintained in this system of records.

Exemptions Claimed for this System
    None.

[FR Doc. E9-18615 Filed 8-3-09; 8:45 am]
BILLING CODE 4000-01-P