Privacy Act of 1974: New System of Records, 61359-61361 [07-5379]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Health Resources and Services Administration

[Federal Register Volume 72, Number 209 (Tuesday, October 30, 2007)]
[Notices]
[Pages 61359-61361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5379]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Privacy Act of 1974: New System of Records

AGENCY: Health Resources and Services Administration (HRSA), HHS.

ACTION: Notification of new system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act, the 
Health Resources and Services Administration (HRSA) is publishing a 
notice of a proposal to add a new system of records. The Campus Based 
Branch (CBB) of the Division of Health Careers Diversity and 
Development in the Bureau of Health Professions is currently utilizing 
a document management system (DMS) that dynamically manages its flow of 
documents produced and received. the DMS is an intra-office system in 
which documents contained within the system are only shared among CBB 
staff. The DMS contains names and other personally identifiable 
information of borrowers.

DATES: HRSA invites interested parties to submit comments on the 
proposed New System of Records on or before December 10, 2007. HRSA has 
sent a report of a New System of Records to Congress and to the Office 
of Management and Budget (OMB) on October 18, 2007. The New System of 
Records will be effective 40 days from the date submitted to OMB unless 
HRSA comments which would result in a contrary determination.

ADDRESSES: Please address comments to Donn Taylor, Health Resources and 
Services Administration, Privacy Act Coordinator, 5600 Fishers Lane, 
Room 14A-20, Rockville, Maryland 20857; Telephone (301) 443-0204. 
Comments received will be available for inspection at this same address 
from 9 a.m. to 3 p.m., Monday through Friday. this is not a toll-free 
number.

FOR FURTHER INFORMATION CONTACT: Henry Lopez, Director, division of 
Health Careers diversity and Development, Bureau of Health Professions, 
5600 Fisher Lane, Room 8-42, Rockville, Maryland 20857; Telephone 301-
443-1173. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: The Health Resources and Services 
Administration proposes to establish a New System of Records: ``Campus 
Based Branch Programs Document Management System, HHS/HRSA/BHPr.'' The 
CBB programs which use the DMS are authorized by the following sections 
of the Public Health Service Act: Section 721 of the Public Health 
Service Act (42 U.S.C. 292q) the Health Professions Student Loan 
Program; Section 724 of the Public Health Service Act (42 U.S.C. 292s) 
the Primary Care Loan Program; Section 724 of the Public Health Service 
Act (42 U.S.C. 292t) the Loans for Disadvantaged Students Program; 
Section 835 of the Public Health Service Act (42 U.S. C. 297a) the 
Nursing Student Loan Program; and Section 737 of the Public Health 
Service Act (42 U.S.C. 293a) the Scholarships for Disadvantaged 
Students Program. In accordance with their applicable regulations, the 
funds appropriated or distributed from these CBB programs are monitored 
by the CBB. The DMS is an automated system that enables CBB to fulfill 
its duty in monitoring these programs. The DMS contains annual 
operating and performance data from educational institutions 
participating in CBB programs, as well as personally identifiable 
information of borrowers.

    Dated: October 12, 2007.
Elizabeth M. Duke,
Administrator.
Report of a New System of Records

09-15-0069

SYSTEM NAME:
    Campus Based Branch (CBB) Program Document Management System (DMS), 
HHS/HRSA/BHPr.

SECURITY CLASSIFICATION:
    None

SYSTEM LOCATION:
    The Division of Health Careers Diversity and Development (DHCDD) of 
the Bureau of Health Professions (BHPr), Health Resources and Services 
Administration (HRSA), Department of Health and Human Services (HHS). 
Records are located at 5600 Fishers Lane, Room 8-42, Rockville, MD 
20857.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Student and faculty borrowers who participate/participated in CBB 
loan and scholarship programs.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The systems include materials such as:
    1. Names, addresses, phone numbers, medical records, financial 
information, and social security numbers of borrowers.
    2. Annual Operating Reports that contain financial information from 
institutions, including aggregate amounts of loans disbursed, collected 
and retired.
    3. Performance reports on the aggregate number of borrowers, their 
classification in race/ethnicity categories, and whether they are 
practicing in primary care.
    4. Contact information of financial aid officers that include name, 
title, school address and direct phone number.
    5. Correspondence from the financial aid officers regarding issues 
with specific borrowers. The majority of these correspondence only 
indicate the borrower's name and/or amount borrowed.

[[Page 61360]]

    6. Correspondence from borrowers on specific issues on CBB programs 
or the school that administers the programs. These correspondences may 
include the borrower's name, address and phone number.
    7. Case reports from educational institutions on borrowers whom the 
school is claiming an uncollectible debt or a total disability write-
off. The documents contained in these case reports may include name, 
address, financial income information, medical records and social 
security numbers.
    8. Any other correspondence or documentation related to general or 
specific issues regarding CBB programs at institutions or borrowers who 
participate in CBB programs.

AUTHORITY FOR MAINTENANCE OF SYSTEM:
    Section 721 of the Public Health Service Act (42 U.S.C. 292q), 
Health Professions Student Loan; Section 835 of the Public Health 
Service Act (42 U.S.C. 297a), Nursing Student Loan; Section 723 of the 
Public Health Service Act (42 U.S.C. 292s), Primary Care Loan; Section 
724 of the Public Health Service Act (42 U.S.C. 292t), Loans for 
Disadvantaged Students; Section 737 of the Public Health Service Act 
(42 U.S.C. 293a), Scholarships for Disadvantaged Students.

PURPOSE(s):
    The purpose of the DMS system is to support the CBB in monitoring 
its programs, in order to ensure the efficiency of the factual 
information in reports and documents, and to archive the documents for 
efficient access and verification.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Records maintained in the system above, disclosure of which is 
governed by the System of Records Notice for the ``Campus Based Branch 
Program Document Management System, HHS/HRSA/BHPr'' may be disclosed to 
others:
    1. HRSA may disclose records to Department contractors and 
subcontractors for the purpose of assisting CBB in reviewing cases and 
maintaining systems, including conducting data analysis for program 
evaluations, compiling managerial and statistical reports, and record 
systems processing and refinement. Contractors will maintain, and are 
also required to ensure that subcontractors maintain, Privacy Act 
safeguards with respect to such records.
    2. Disclosure may be made to a Congressional office from the record 
of an individual or institutional participant, in response to any 
inquiry from the Congressional office made at the request of that 
individual.
    3. Disclosure may be made to the Department of Justice, or to a 
court or other tribunal, from this system of records, when (a) HHS, or 
any component thereof; or (b) any HHS employee in his or her official 
capacity; or (c) any HHS employee in his or her individual capacity 
where the Department of Justice (or HHS, where it is authorized to do 
so) has agreed to represent the employee; or (d) the United States or 
any agency thereof, where HHS determines that the litigation is likely 
to affect HHS or any of its components, is a party to litigation or has 
an interest in such litigation, and HHS determines that the use of such 
records by the Department of Justice, the court or other tribunal is 
relevant and necessary to the litigation and would help in the 
effective representation of the governmental party, provided, however, 
that in such case HHS determines that such disclosure is compatible 
with the purpose for which the records were collected.
    4. In the event that a system of records maintained by this agency 
to carry out its functions indicates a violation or potential violation 
of law, whether civil, criminal, or regulatory in nature and whether 
arising by general statute or particular program statute, or by 
regulation, rule, or order issued pursuant thereto, the relevant 
records in the system of records may be referred to the appropriate 
agency, whether Federal, State or local, charged with the 
responsibility of investigating or prosecuting such violation or 
charged with enforcing or implementing the statute or rule, regulation 
or order issued pursuant thereto.
    5. HRSA may disclose from this system of records a delinquent 
debtor's name, address, Social Security number, and other information 
necessary to identify him/her; the amount, status, and history of the 
claim, and the agency or program under which the claim arose, to the 
Treasury Department, Internal Revenue Service (IRS), to request a 
debtor's current mailing address to locate him/her for purposes of 
collecting a debt. This address may be disclosed by HRSA to any school 
from which the defaulted borrower received the student loan, for use 
only by officers, employees, or agents of the school whose duties 
relate to the collection of health professions or nursing student loan 
funds, to locate the defaulted borrower to collect the loan. Any school 
which requests and obtains this address information must comply with 
the requirements of HRSA and the IRS regarding the safeguarding and 
proper handling of this information.

STORAGE:
    Records are maintained in the DMS or in file folders and/or 
computer data files.

RETRIEVABILITY:
    Retrieval of data and case files is by subject's name or 
institution ID.

SAFEGUARDS:
    1. Authorized users: Access is limited to authorized HHS staff in 
performance of their duties. Authorized personnel include the 
contractor/system manager and his staff who have responsibilities for 
administering the programs. HRSA maintains current lists of authorized 
users. Educational institutions may request or access information they 
submitted to CBB. However, they do not have access to information 
submitted by other institutions.
    2. Physical safeguards: The DMS is housed on a HRSA server behind a 
firewall. The DMS is an intra-office system only for the sole use of 
CBB staff. All computer equipment and files and hard copy files are 
stored in areas where fire and life safety codes are strictly enforced. 
All automated and non-automated documents are protected on a 24-hour 
basis. Perimeter security includes intrusion alarms, on-site guard 
force, random guard patrol, key/passcard/combination controls, and 
receptionist controlled area. Hard copy files are maintained in a file 
room used solely for this purpose with access limited by combination 
lock to authorized users identified above. Computer files are password 
protected and are accessible only by use of computers which are 
password protected.
    3. Procedural safeguards: A password is required to access computer 
files. All users of personal information in connection with the 
performance of their jobs protect information from public view and from 
unauthorized personnel entering an unsupervised area. All passwords, 
keys and/or combinations are changed when a person leaves or no longer 
has authorized duties. Access to records is limited to those authorized 
personnel trained in accordance with the Privacy Act and ADP security 
procedures. The safeguards described above were established in 
accordance with DHHS chapter 45-13 and supplementary chapter PHS hf: 
45-13 of the General Administration Manual; and the DHHS Information 
Resources Management Manual, Part 6, ``ADP Systems Security.''

[[Page 61361]]

RETENTION AND DISPOSAL:
    Records in the DMS are retained for at least 6 years after full 
payment of the loan, completion of service obligation, or repayment to 
the Secretary in the case of a default. Contact the System Manager at 
the following address for further information.

SYSTEM MANAGERS(s) AND ADDRESS:
    Director, Division of Health Careers Diversity and Development, 
Bureau of Health Professions, Health Resources and Services 
Administration, Department of Health and Human Services, 5600 Fishers 
Lane, Room 8-42, Rockville, Maryland 20857.

NOTIFICATION PROCEDURE:
    Requests concerning whether the system contains records about you 
should be made to the Systems Manager.

REQUESTS IN PERSON:
    A subject individual who appears in person at a specific location 
seeking access or disclosure of records relating to him/her shall 
provide his/her name, current address, Social Security number and at 
least one piece of tangible identification such as driver's license, 
passport, voter registration card, or union card. Identification papers 
with current photographs are preferred but not required. Additional 
identification may be requested when there is a request for access to 
records which contain an apparent discrepancy between information 
contained in the records and that provided by the individual requesting 
access to the records. Where the subject individual has no 
identification papers, the responsible agency official shall require 
that the subject individual certify in writing that he/she is the 
individual who he/she claims to be and that he/she understands that the 
knowing and willful request or acquisition of a record concerning an 
individual under false pretenses is a criminal offense subject to a 
$5,000 fine.

REQUESTS BY TELEPHONE:
    Because positive identification of the caller cannot be 
established, no requests by telephone will be honored.

REQUESTS BY MAIL:
    A written request must contain the name and address of the 
requester, Social Security number or other identifying numbers, and 
his/her signature which is either notarized to verify his/her identify 
or includes a written certification that the reqeuster is a person he/
she claims to be and that he/she understands that the knowing and 
willful request or acquisition of records pertaining to an individual 
under false pretenses is a criminal offense subject to a $5,000 fine.

RECORD ACCESS PROCEDURES:
    Same as notification procedures. Requesters should also reasonably 
specify the record contents being sought. Individuals may also request 
an accounting of disclosures that may have been made of their records, 
if any.

CONTESTING RECORD PROCEDURES:
    Any record subject may contest the accuracy of information on file 
at CBB by writing to the Director, Division of Health Careers Diversity 
and Development, Bureau of Health Professions, Health Resources and 
Services Administration, Department of Health and Human Services, 5600 
Fishers Lane, Room 8-42, Rockville, Maryland 20857. The request should 
contain a reasonable description of the record, specify the information 
being contested, the corrective action sought, and the reasons for 
requesting the correction, along with supporting information to show 
how the record is inaccurate, incomplete, untimely or irrelevant.

RECORD SOURCE CATEGORIES:
    1. Educational institutions participating in CBB programs
    2. Financial aid officers administering CBB programs
    3. Student borrowers and recipients participating in CBB programs
    4. Borrowers submitted for uncollectible debt write-offs
    5. Borrowers submitted for total disability write-offs

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.
[FR Doc. 07-5379 Filed 10-29-07; 8:45 am]
BILLING CODE 4165-15-M