Privacy Act of 1974; Report of an Altered System of Records, 5094-5097 [2010-1970]

Agencies

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

[Federal Register Volume 75, Number 20 (Monday, February 1, 2010)]
[Notices]
[Pages 5094-5097]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1970]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Privacy Act of 1974; Report of an Altered System of Records

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

ACTION: Notice of an Altered System of Records (SOR).

-----------------------------------------------------------------------

SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, the Health Resources and Services Administration (HRSA) is 
publishing notice of a proposal to alter the system of records for the 
Health Education Assistance On-Line Processing System (HOPS), 09-15-
0044.
    The purposes of these alterations are to update the location of 
this system and the system manager, to modify routine use number 6, 
correct typographical errors, and to add routine use number 17 related 
to notification of breaches in security or confidentiality of records 
maintained in the system. In addition, the section for Policies and 
Practices for Storing, Retrieving, Accessing, Retaining and Disposing 
of Records in the System was updated. The ``Authority for Maintenance 
of System'' provision has been modified to reference Section 702 of the 
Public Health Service Act [42 U.S.C. Section 292a], as amended, and to 
add the Debt Collection Improvement Act (31 U.S.C. Sections 3701 and 
3711-3720E). Lastly, the ``Disclosure to Consumer Reporting Agencies'' 
provision was modified to reference the definition of a ``consumer 
reporting

[[Page 5095]]

agency'' as stated in the Fair Credit Reporting Act (15 U.S.C.1681a(f)) 
and the Debt Collection Improvement Act (31 U.S.C. 3701(a)(3)).

DATES: HRSA filed an altered system report with the Chair of the House 
Committee on Government Reform and Oversight, the Chair of the Senate 
Committee on Homeland Security and Governmental Affairs, and the 
Administrator, Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB) on 01/15/2010. To ensure all parties have 
adequate time in which to comment, the altered systems, including the 
routine uses, will become effective 30 days from the publication of the 
notice or 40 days from the date it was submitted to OMB and Congress, 
whichever is later, unless HRSA receives comments that require 
alterations to this notice.

ADDRESSES: The public should address comments to the Health Resources 
and Services Administration, 5600 Fishers Lane, Room 9-105, Rockville, 
Maryland 20857; telephone (301) 443-1173. This is not a toll-free 
number. Comments received will be available for review and inspection, 
by appointment, at this same address from 9 a.m. to 3 p.m. eastern time 
zone, Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Judy Rodgers, Chief, Health Education 
Assistance Loan Program, Division of Student Loans and Scholarships, 
5600 Fishers Lane, Room 9-105, Rockville, Maryland 20857; telephone 
(301) 443-1173. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: HRSA maintains system of records 09-15-0044, 
``Health Education Assistance On-Line Processing System (HOPS)'' to: 
(1) Identify students participating in the HEAL Program; (2) monitor 
the loan status of HEAL recipients, which includes the collection of 
overdue debts owed under the HEAL Program; and (3) compile and generate 
managerial and statistical reports.
    HRSA is proposing a change to the name and room number of the HRSA 
division responsible for the operation of the HEAL Program from the 
Division of Health Careers Diversity and Development in room 8-37 to 
the Division of Student Loans and Scholarships in room 9-105, Parklawn 
Building, 5600 Fishers Lane, Rockville, MD 20857. HRSA is correcting 
typographical errors in the system of records as well. HRSA is also 
modifying routine use number 6 to remove a reference to the Government 
Accountability Office, which is redundant with a permitted disclosure 
found in the Privacy Act at 5 U.S.C. 552a(b)(10). Furthermore, HRSA is 
adding a new routine use (number 17) to permit disclosures to 
appropriate Federal agencies and Department contractors that have a 
need to know the information for the purpose of assisting the 
Department's efforts to respond to a suspected or confirmed breach of 
the security or confidentiality of information maintained in this 
system of records, and the information disclosed is relevant and 
necessary for that assistance. This routine use is compatible with the 
purpose for which the records were collected. In addition, the 
``Policies and Practices for Storing, Retrieving, Accessing, Retaining 
and Disposing of Records in the System'' provision was updated to 
reflect enhanced data storage, to allow external users read-only access 
only. HRSA is upgrading the System Manager to Chief, Health Education 
Assistance Loan Program.
    Section ``Authority for Maintenance of System'' is being updated.

    Dated: November 17, 2009.
Mary K. Wakefield,
Administrator.
System Number 09-15-0044

SYSTEM NAME:
    Health Education Assistance On-Line Processing System (HOPS).

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
     Division of Student Loans and Scholarships, Bureau of 
Health Professions, Health Resources and Services Administration, Room 
9-105, Parklawn Building, 5600 Fishers Lane, Rockville, MD 20857.
     Records are also located at contractor sites. A list of 
contractor sites where individually identifiable data are currently 
located is available upon request to the System Manager.
     Washington National Records Center, 4205 Suitland Road, 
Suitland, MD 20409.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Recipients of Health Education Assistance Loans.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Contains name, social security number or other identifying number, 
birth date, demographic background, educational status, loan location 
and status, and financial information about the individual for whom the 
record is maintained. Contains lender and school identification.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 701 and 702 of the Public Health Service Act, as amended 
(42 U.S.C. 292 and 292a), which authorize the establishment of a 
Federal program of student loan insurance; Section 715 of the Public 
Health Service Act, as amended (42 U.S.C. 292n), which directs the 
Secretary to require institutions to provide information for each 
student who has a loan; Section 709 of the Public Health Service Act, 
as amended (42 U.S.C. 292h), which authorizes disclosure and 
publication of HEAL defaulters; and the Debt Collection Improvement Act 
(31 U.S.C. 3701 and 3711-3720E).

PURPOSE(S) FOR RECORDS IN THIS SYSTEM:
    The purpose of this system is:
    1. To identify borrowers participating in the HEAL Program;
    2. To monitor the loan status of HEAL recipients, which includes 
the collection of overdue debts owed under the HEAL Program; and
    3. To compile and generate managerial and statistical reports.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. Disclosure may be made to Federal, State, or local agencies, to 
private parties such as relatives, present and former employers, 
business and personal associates, educational and financial 
institutions, and collection agencies. The purpose of such disclosures 
is to verify the identity of the loan applicant, to determine program 
eligibility and benefits, to enforce the conditions or terms of the 
loan, to counsel the borrower in repayment efforts, to investigate 
possible fraud and abuse, to verify compliance with program 
regulations, and to locate delinquent borrowers through pre-claims 
assistance. Information may be disclosed to educational or financial 
institutions to assist them in loan management.
    2. Disclosure may be made to a Congressional office from the record 
of an individual in response to an inquiry from the Congressional 
office made at the request of that individual.
    3. The Department of Health and Human Services (HHS) may disclose 
information from this system of records to the Department of Justice, 
or to a court or other tribunal, 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

[[Page 5096]]

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 each 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 enforcing or implementing 
the statute or any rule, regulation or order issued pursuant thereto.
    5. HRSA will 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, as 
follows: (a) To another Federal agency so that agency can effect a 
salary offset for debts owed by Federal employees; if the claim arose 
under the Social Security Act, the employee must have agreed in writing 
to the salary offset. (b) To another Federal agency so that agency can 
affect an authorized administrative offset; i.e., withhold money 
payable to, or held on behalf of, debtors other than Federal employees. 
(c) To the Treasury Department, Internal Revenue Service (IRS), to 
request a debtor's current mailing address to locate him/her for 
purposes of either collecting or compromising a debt or to have a 
commercial credit report prepared.
    6. Records may be disclosed to the Office of Management and Budget 
for auditing financial obligations to determine compliance with 
programmatic, statutory, and regulatory provisions.
    7. HRSA may disclose information from this system of records to a 
consumer reporting agency (credit bureau) to obtain a commercial credit 
report for the following purposes: (a) To establish creditworthiness of 
a loan applicant; and (b) to assess and verify the ability of a debtor 
to repay debts owed to the Federal Government. Disclosures are limited 
to the individual's name, address, Social Security number and other 
information necessary to identify him/her; the funding being sought or 
amount and status of the debt; and the program under which the 
application or claim is being processed.
    8. HRSA may disclose to the Internal Revenue Service (IRS), U.S. 
Department of the Treasury (Treasury Department), information about an 
individual applying for a loan under any loan program authorized by the 
Public Health Service Act to find out whether the loan applicant has a 
delinquent tax account. This disclosure is for the sole purpose of 
determining the applicant's creditworthiness and is limited to the 
individual's name, address, Social Security number, other information 
necessary to identify him/her, and the program for which the 
information is being obtained.
    9. HRSA will report to the IRS, Treasury Department, as taxable 
income, the written-off amount of a debt owed by an individual to the 
Federal Government when a debt becomes partly or wholly uncollectible--
either because the time period for collection under the statute of 
limitations has expired, or because the Government agrees with the 
individual to forgive or compromise the debt.
    10. HRSA will disclose to debt collection agents, other Federal 
agencies, and other third parties who are authorized to collect a 
Federal debt, information necessary to identify a delinquent debtor. 
Disclosure will be limited to the 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.
    11. HRSA will disclose information from this system of records to 
any third party that may have information about a delinquent debtor's 
current address, such as the U.S. Postal Service, a consumer reporting 
agency (credit bureau), a State motor vehicle administration, a 
professional organization, an alumni association, etc., for the purpose 
of obtaining the debtor's current address. This disclosure will be 
limited to information necessary to identify the individual 
(defaulter's name, latest known City and State of residence, total 
amount of the HEAL debt).
    12. Records may be disclosed to Department contractors and 
subcontractors for the purpose of assisting HEAL program managers in 
collating, compiling, aggregating, or analyzing records used in 
administering the HEAL program. Contractors maintain, and are also 
required to ensure that subcontractors maintain, Privacy Act safeguards 
with respect to the records.
    13. HRSA may disclose from this system of records to the IRS, 
Treasury Department: (a) A delinquent debtor's name, address, Social 
Security number, and other necessary information to identify the 
debtor; (b) the amount of the debt; and (c) the program under which the 
debt arose, so that the IRS can offset against the debt any income tax 
refunds which may be due to the debtor.
    14. HRSA may disclose the complete loan file of defaulted HEAL 
recipients to potential purchasers of HEAL loans to enable them to 
value and price the loans, and to actual purchasers to enable them to 
collect the defaulted loans. The purpose of this disclosure will be to 
facilitate the sale and collection of defaulted HEAL loans. Potential 
purchasers are required to maintain Privacy Act safeguards with respect 
to the records.
    15. In accordance with the directive in 42 U.S.C. 292h(c)(1), the 
names of HEAL borrowers who are in default will be published in the 
Defaulted Borrowers Web site, https://www.defaulteddocs.dhhs.gov, by 
city and State along with the amounts of their HEAL debts. The 
individual's address also may be published if the address is a matter 
of public record as a result of legal proceedings having been filed 
concerning the individual's HEAL debt.
    16. In accordance with the directive in 42 U.S.C. 292h(c)(2), 
disclosure may be made to relevant Federal agencies, schools, school 
associations, professional and specialty associations, State licensing 
boards, hospitals with which a HEAL defaulter may be associated, and 
other similar organizations.
    17. To appropriate Federal agencies and Department contractors that 
have a need to know the information for the purpose of assisting the 
Department's efforts to respond to a suspected or confirmed breach of 
the security or confidentiality of information maintained in this 
system of records, and the information disclosed is relevant and 
necessary for that assistance.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosures pursuant to 5 U.S.C. 552a(b)(12), (as set forth in 31 
U.S.C. Section 3711(e)): Disclosures may be made from this system to 
``consumer reporting agencies'' as defined in the

[[Page 5097]]

Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Debt Collection 
Improvement Act (31 U.S.C. 3701(a)(3)). The purposes of these 
disclosures are:
    1. To provide an incentive for debtors to repay delinquent Federal 
Government debts by making these debts part of their credit records; 
and
    2. To enable HRSA to improve the quality of loan and scholarship 
decisions by taking into account the financial reliability of 
applicants. Disclosure of records will be limited to the individual's 
name, Social Security number (SSN), and other information necessary to 
establish the identity of the individual, the amount, status, and 
history of the claim, and the agency or program under which the claim 
arose.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
     Storage: Records are maintained in database servers, file 
folders, cd's, dvd's and magnetic tapes.
     Retrievability: Social Security Number or other 
identifying number.
     Safeguards:
    1. Authorized users: Access is limited to authorized HEAL personnel 
and contractors responsible for administering the HEAL program. 
Authorized personnel include HEAL employees and officials, financial 
and fiscal management personnel, computer personnel and program 
managers who have responsibility for implementing the HEAL program. 
Read-Only users: Read-only access is given to Servicers, Holders and 
financial/fiscal management personnel.
    2. Physical safeguards: Magnetic tapes, disc packs, computer 
equipment and other forms of personal data are stored in areas where 
fire and life safety codes are strictly enforced. All documents are 
protected during lunch hours and non-working hours in locked file 
cabinets or locked storage areas. Twenty-four hour, seven-day security 
guards perform random checks on the physical security of the records 
storage areas.
    3. Procedural safeguards: A password is required to access the 
terminal and a data set name controls the release of data to only 
authorized users. 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 office. In 
addition, all sensitive data is encrypted using Oracle Transparent Data 
Encryption functionality. Access to records is strictly limited to 
those staff members trained in accordance with the Privacy Act and ADP 
security procedures. Contractors are required to maintain, and are also 
required to ensure that subcontractors maintain, confidentiality 
safeguards with respect to these records. Contractors and 
subcontractors are instructed to make no further disclosure of the 
records except as authorized by the System Manager and permitted by the 
Privacy Act. All individuals who have access to these records receive 
the appropriate ADP security clearances. HEAL personnel make site 
visits to ADP facilities for the purpose of ensuring that ADP security 
procedures continue to be met. Privacy Act and ADP system security 
requirements are specifically included in contracts. The HRSA project 
directors, project officers, and the System Manager oversee compliance 
with these requirements.
    4. Implementing guidelines: 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 
https://www.hhs.gov/ocio/policy#Security Web site.

RETENTION AND DISPOSAL:
    HRSA is working with the Records Officer and NARA to obtain the 
appropriate retention value.

SYSTEM MANAGER(S) AND ADDRESS:
     Chief, Health Education Assistance Loan Program, Division 
of Student Loans and Scholarships, Bureau of Health Professions, Health 
Resources and Services Administration, 5600 Fishers Lane, Room 9-105, 
Rockville, MD 20857.

NOTIFICATION PROCEDURE:
    To find out if the system contains records about you contact the 
System 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, 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 
record and that provided by the individual requesting access to the 
record. No verification of identity shall be required where the record 
is one which is required to be disclosed under the Freedom of 
Information Act.

REQUESTS BY MAIL:
    Written requests for information and/or access to records received 
by mail must contain information providing the identity of the writer 
and a reasonable description of the record desired. Written requests 
must contain the name and address of the requester, his/her date of 
birth and at least one piece of information which is also contained in 
the subject record, and his/her signature for comparison purposes.

REQUESTS BY TELEPHONE:
    Since positive identification of the caller cannot be established, 
telephone requests are not honored.

RECORD ACCESS PROCEDURES:
    Same as notification procedures. Requesters should also provide a 
reasonable description of the record being sought. Requesters may also 
request an accounting of disclosures that have been made of their 
records, if any.

CONTESTING RECORD PROCEDURES:
    Contact the System Manager, provide 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:
    Individual loan recipients, HEAL schools, lenders, and holders of 
HEAL loans and their agents.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.
[FR Doc. 2010-1970 Filed 1-29-10; 8:45 am]
BILLING CODE 4160-15-P