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Tuesday, 

August 4, 2009 

Part VI 

Department of 

Education 

Privacy Act of 1974; System of Records— 

Erma Byrd Scholarship Program (EBSP) 

System; Notice 
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38882 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 

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. 

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: 

comments@ed.gov. 

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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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38883 

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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38884 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 

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