Privacy Act of 1974; Report of an Altered System of Records, 17930-17937 [2010-7923]

Agencies

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

[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Notices]
[Pages 17930-17937]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7923]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


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

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

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

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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 substantially revise ``Public Health 
Service (PHS) and National Health Service Corps (NHSC) Scholarship/Loan 
Repayment Participants Records System, HHS/HRSA/BPHC,'' HRSA Systems of 
Records No. 09-15-0037, to reflect organizational and physical location 
changes, and to update the categories of individuals and records 
covered by the system. HRSA is also proposing to (a) delete the Nursing 
Student Education Direct Loan Program, which is not administered by 
HRSA; (b) add records pertaining to the Nursing Scholarship Program and 
the Student/Resident Experiences and Rotations in Community Health 
(SEARCH) Program; and (c) incorporate the Faculty Loan Repayment 
Program and the Physician Shortage Area Scholarship Program, which 
previously had their own System of Records Notices (09-15-0058, and 09-
15-0042 respectively). These changes will require renaming the system 
of records and expanding the Authority to maintain the system. HRSA has 
updated the section on maintenance and storage of records to reflect 
current technologies, as well as Purpose(s), Safeguards, Retention and 
Disposal (of records), Notification Procedures, and Records source 
categories to detail current operations. HRSA is proposing to delete 
routine uses that are obsolete and to add new routine uses that cover 
disclosures of information needed for effective program operations.

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 March 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: Please address comments to: Policy Director, Bureau of 
Clinician Recruitment and Service (BCRS), Health Resources and Services 
Administration (HRSA), 5600 Fishers Lane, Room 8-15, Rockville, MD 
20857, telephone (301) 443-4154, FAX (301) 594-4076. Comments received 
will be available for inspection at this same address from 9 a.m. to 3 
p.m. (Eastern Standard Time Zone), Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Associate Administrator, Bureau of 
Clinician Recruitment and Service (BCRS), Health Resources and Services 
Administration (HRSA), 5600 Fishers Lane, Room 8-05, Rockville, MD 
20857, telephone (301) 594-4200, FAX (301) 594-4076.

SUPPLEMENTARY INFORMATION: Major Modification of 09-15-0037 is to 
reflect the organizational, program, technology, statutory and 
implementation changes.
    1. HRSA proposes to rename the system of records as ``Public Health 
and National Health Service Corps (PH/NHSC) Scholarship Training 
Program, the Physician Shortage Area Scholarship Program (PSASP), 
National Health Service Corps Scholarship Program (NHSC SP), National 
Health Service Corps Loan Repayment Program (NHSC LRP), NHSC Student/
Resident

[[Page 17931]]

Experiences and Rotations in Community Health (SEARCH), Nursing 
Education Loan Repayment Program (NELRP), Nursing Scholarship Program 
(NSP), Native Hawaiian Health Scholarship Program (NHHSP), and Faculty 
Loan Repayment Program (FLRP), Applicants and/or Participants Records 
System, HHS/HRSA/BCRS.''
    2. HRSA proposes to expand the Authority to maintain the system to 
include: Section 333 of the PHS Act, as amended (42 U.S.C. 254f), 
Assignment of Corps Personnel; Section 225 of the PHS Act (42 U.S.C. 
234), as in effect on September 30, 1977, PH/NHSC Scholarship Training 
Program; Section 409(b) of the Health Professions Educational 
Assistance Act of 1976, (42 U.S.C. 259g), PSASP; Sections 338A-H of the 
PHS Act, as amended (42 U.S.C. 254l-q), NHSC Scholarship and Loan 
Repayment Programs; Sections 336(c) and 331(b)(1) of the PHS Act (42 
U.S.C. 254h-1(c) and 254d(b)(1)), SEARCH; Section 846 of the PHS Act, 
as amended (42 U.S.C. 297n), Nursing Education Loan Repayment and 
Nursing Scholarship Programs; Section 10 of the Native Hawaiian Health 
Care Improvement Act, as amended (42 U.S.C. 11709), Native Hawaiian 
Health Scholarship Program; Section 738(a) of the PHS Act (42 U.S.C. 
293b(a)), Faculty Loan Repayment Program; Section 202 of Title II of 
Public Law 92-157 (42 U.S.C. 3505d), National Health Manpower 
Clearinghouse; 31 U.S.C. 7701(c), Debt Collection Improvement Act of 
1996, Requirement That Applicant Furnish Taxpayer Identifying Number; 
Section 215(a) of the PHS Act, as amended (42 U.S.C. 216(a)), 
pertaining to PHS commissioned officers, and 5 U.S.C. 3301 pertaining 
to civil service employees, both of which authorize verification of an 
individual's suitability for employment.
    3. HRSA proposes to expand the categories of records within the 
system to include: Name, address(es), telephone number(s), e-mail 
address(es), Social Security Number (SSN), scholarship, loan repayment, 
or SEARCH application and associated forms/documents, contracts, 
employment data, professional performance and credentialing history of 
licensed health professionals; preference for site-selection; personal, 
professional, and demographic background information; academic and/or 
service progress reports (which include related data, correspondence, 
and professional performance information consisting of continuing 
education, performance awards, and adverse or disciplinary actions); 
commercial credit reports, educational data including tuition and other 
related education expenses; educational data including academic program 
and status; employment status verification (which includes 
certifications and verifications of service obligation); medical data, 
financial data, payment data and related forms, deferment/placement/
suspension/waiver data and supporting documentation; repayment/
delinquent/default status information, correspondence to and from 
Program applicants and participants and/or their representatives, 
Claims Collection Litigation Reports for default cases referred to the 
Department of Justice (DOJ).
    4. HRSA proposes to update the purposes of this system of records 
to more accurately describe the ways in which the Programs currently 
utilize the information maintained within. Specifically, to obtain 
marketing and recruitment information from individuals who registered 
to complete an online application but did not submit or complete an 
application, applicants and program participants; identify and select 
qualified individuals to participate in the Programs; to respond to 
inquiries from Program applicants and participants, their attorneys, 
and Congressional representatives; to compile and generate managerial 
and statistical reports; to track recruitment of SEARCH participants 
for the NHSC Scholarship and Loan Repayment Programs and to determine 
how many non-obligated SEARCH participants ultimately practice primary 
health care in HPSAs; and through the Ambassador and Alumni activities, 
to advocate for more health professions students to choose primary 
care, to mentor students and clinicians, to recruit students and 
clinicians for the NHSC Scholarship and Loan Repayment Programs, and to 
train community leaders, their own institution and local clinicians to 
care about and for people in need.
    5. HRSA proposes to update the Safeguards by: Redefining Authorized 
Users (system managers and their staff, BCRS headquarters officials, 
HRSA Office of Performance Review staff, financial and fiscal 
management personnel, Office of the General Counsel, Office of 
Information Technology personnel, Papa Ola Lokahi (POL) (with respect 
to NHHSP records), and HRSA grantees and contractors who assist with 
implementation of the Programs) and Physical Safeguards (rooms where 
records are stored are locked when not in use, during regular business 
hours, rooms are unlocked but are controlled by on-site personnel 
(including the file room), security guards perform random checks on the 
physical security of the storage locations after duty hours, including 
weekends and holidays); entry control to servers and other computer 
equipment used to process identifiable data (located in secured areas 
and use physical access devices (e.g., keys, locks, combinations, card 
readers) and/or security guards to control entries into the facility); 
fire protection (all facilities housing HRSA information systems 
maintain fire suppression and detection devices/systems (e.g., 
sprinkler systems, handheld fire extinguishers, fixed fire hoses, and 
or smoke detectors) that can be activated in the event of a fire); and 
a description of POL's security procedures (the building in which POL's 
office is located is publicly accessible but secured, with limited 
accessibility before and after work hours, security guards visit the 
building at night, NHHSP's office suite is kept locked during work 
hours and individual offices are also locked when vacant, participant 
files are kept in a locked cabinet in a locked office and access to 
these files is limited to approved staff members, when the area the 
files are in is not under the direct control of NHHSP staff the office 
and cabinet are kept locked, the File server is behind a locked office 
door in a locked server cabinet and backup tapes are stored in a 
locked, fireproof floor safe, and a secure, confidential off-site 
vault).
    6. HRSA proposes to update Retention and disposal as follows: 
Records are retained and disposed of under the authority of the HRSA 
Records Control Schedule contained in HRSA Appendix B-351, Item 25.P. 
Participant case files are transferred to the Federal Records Center in 
Suitland, Maryland, one year after closeout and are destroyed 15 years 
later. Unfunded or withdrawn applicant case files are destroyed 6 
months after the end of the fiscal year in which the individual 
applied.
    7. HRSA proposes to update Notification Procedures as follows: For 
Requests in person a notation is added that a Federal-issued picture ID 
is required to access many Federal facilities such as the Parklawn 
Building; and for Requests by mail dates of participation is expanded 
to encompass all the Programs in the system, and current status is 
expanded to include in training, in service, or date of application if 
the individual was not selected for the program.
    8. HRSA proposes to update the Records source categories to 
include: Subject individual; educational institutions; internship and/
or residency training progress reports; employers; NHSC approved 
service sites; critical

[[Page 17932]]

nursing shortage facilities; lending institutions and loan servicing 
agencies; health professional associations; National Practitioner Data 
Bank and/or Healthcare Integrity and Protection Data Bank, HHS grantees 
and contractors/subcontractors; consumer reporting agencies/credit 
bureaus; other Federal agencies, including but not limited to the 
Department of the Treasury, IRS, and the U.S. Postal Service; State 
health professions licensing boards and/or the Federation of State 
Medical Boards or a similar non-government entity; and third parties 
who provide references concerning the subject individual.
    9. HRSA proposes to modify/alter/delete several published routine 
uses, and to include fifteen (15) new routine uses when all 
requirements have been met. HRSA is modifying/altering routine use 
3 by expansion to include Tribal authorities and State 
licensing boards, routine use 4 has been expanded to include 
other health professions schools and to determine academic status of 
scholars, routine use 5 has been deleted and replaced with a 
new routine use 5 (see below), routine use 6 is 
renumbered as 8 and is expanded to include grantees and sites, 
routine use 7 is renumbered as 10 and is expanded to 
include grantees and sites and inquiries to the Excluded Parties List 
System and the National Practitioner Data Bank and/or Healthcare 
Integrity and Protection Data Bank, routine use 8 is 
renumbered as 12, routine use 9 is expanded to 
include disclosure to State or local government licensing board and/or 
to the Federation of State Medical Boards or a similar non-government 
entity, prospective employers, or to site representatives, and Primary 
Care Associations and Primary Care Offices, routine use 10 is 
renumbered as 14 and expanded to include loan repayment 
applicants, validation of loans eligible for loan repayment and whether 
the applicant has ever defaulted on a Federal or State obligation or 
had delinquent Federal or State debts, including judgment liens and to 
locate delinquent and/or non-compliant defaulters, routine use 
11 is renumbered as 17, routine use 12 is 
renumbered as 18, routine use 13 is renumbered as 
19, routine use 14 is renumbered as 21 and 
expanded to include reference to HHS Claims Collection regulation at 45 
CFR 30.32(c), requiring HHS to report to the Treasury Department, IRS, 
as taxable income to the debtor, the discharge of any indebtedness of 
$600 or more when HHS terminates collection activity, routine use 
15 is deleted and replaced by a new routine use 15 
(see below), routine use 16 is renumbered as 22, 
routine use 17 is renumbered as 24 and expanded to 
include bonus clauses and to determine the existence of another service 
obligation, routine use 18 is expanded from disclosure to the 
IRS to `another agency.'
    HHS proposes to add 15 new routine uses as follows: Routine use 
5 provides disclosure to schools and training programs to 
ascertain enrollment and completion date, routine use 6 
provides disclosure to entities for the purpose of their providing 
support during service, routine use 7 provides disclosure of 
SEARCH participants for matching purposes, routine use 11 
provides disclosure to State Primary Care Offices (PCOs) and Primary 
Care Associations (PCAs) and site representatives to facilitate 
recruitment, placement and service monitoring, routine use 13 
provides disclosure to Federal and State health agencies and law 
enforcement regarding a program participant who has a physical or 
mental condition that is, or has the potential to become, a public 
health risk, or whose aberrant behavior may pose such a risk, routine 
use 15 enables HHS to use information to prepare and maintain 
financial management and accounting documentation related to 
obligations and disbursements of funds, including notifications to the 
Department of the Treasury related to payments to, or on behalf of, 
awardees, routine use 16 provides disclosure to lending 
institutions for the purpose of obtaining payoff balances on 
educational loans, routine use 20 provides disclosure to 
another Federal, State, or local agency or private employer to whom a 
Program defaulter (debtor) has applied for funds, or employment 
involving Federal funds, for the purpose of ensuring that the Program 
defaulter does not receive Federal funds for which he/she is 
ineligible, routine use 23 provides disclosure to the 
Department of Justice, and applicable State agencies in order to 
exclude a debtor from Medicare/Medicaid or to conclude a settlement 
agreement staying such an exclusion, routine use 25 provides 
disclosure for research purposes, routine use 26 provides 
disclosure in response to a subpoena, routine use 27 provides 
disclosure to HHS/PSC/FOH physicians to review and provide a written 
opinion of the medical documentation submitted by participants 
requesting to suspend or waive their service or payment obligation, 
routine use 28 provides disclosure in response to a suspected 
or confirmed breach of the security or confidentiality of information. 
There is also a provision to allow transfer of records to System No. 
09-40-0012, Debt Management and Collection System, HHS/PSC/FMS and 
System No. 09-90-0024, Financial Transactions of HHS Accounting and 
Finance Offices, HHS/ASMB, for payment of Program funds and debt 
collection purposes.
    In addition to updating and making editorial corrections to improve 
the clarity of the system notice, this alteration involves the updating 
of the System Location and System Manager listing, and revisions of the 
Categories of Records, Purposes, Authority, Safeguards, Retention and 
Disposal, and Notification Procedures sections.

    Dated: March 29, 2010.
Mary K. Wakefield,
Administrator.

SYSTEM NUMBER: 09-15-0037.
SYSTEM NAME:
    Public Health and National Health Service Corps (PH/NHSC) 
Scholarship Training Program, the Physician Shortage Area Scholarship 
Program (PSASP), National Health Service Corps Scholarship Program 
(NHSC SP), National Health Service Corps Loan Repayment Program (NHSC 
LRP), NHSC Student/Resident Experiences and Rotations in Community 
Health (SEARCH), Nursing Education Loan Repayment Program (NELRP), 
Nursing Scholarship Program (NSP), Native Hawaiian Health Scholarship 
Program (NHHSP), and Faculty Loan Repayment Program (FLRP), Applicants 
and/or Participants Records System, HHS/HRSA/BCRS.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    For a specified period and in accordance with the archiving rules, 
the paper records will reside at the Bureau of Clinician Recruitment 
and Service (BCRS), Health Resources and Services Administration 
(HRSA), U.S. Department of Health and Human Services (HHS), 5600 
Fishers Lane, Rm. 8A-16, Rockville, MD 20857. The electronic copy of 
the records for PH/NHSC, PSASP, and NHSC SP and LRP applicants and 
participants resides in BHCDANET at Center for Information Technology, 
National Institutes of Health, 12 South Drive, Room 1100, Bethesda, 
Maryland 20892. Development of a replacement data system for this 
legacy system is currently on-going; information pertaining to this new 
system will be available upon request. Electronic copy

[[Page 17933]]

of the records for NELRP and NSP resides in the Nursing Information 
System at 5600 Fishers Lane, Rockville, Maryland 20857. Electronic copy 
of the records for FLRP resides in the Division of Applications and 
Awards, BCRS, HRSA, HHS, 5600 Fishers Lane, Rm. 8-30, Rockville, MD 
20857.
    Archived records are stored at the Washington National Records 
Center, 4205 Suitland Road, Suitland, MD 20746.
    NHHSP records are also located at Papa Ola Lokahi (POL), 345 Queen 
St., 706, Honolulu, HI 96813.
    Additional records are kept by contractors to the Programs at the 
following locations:

NSP and FLRP, HRSA Call Center, 12530 Parklawn Drive, Suite 350, 
Rockville, Maryland 20857.
NHSC SCH and LRP, Discovery Logic, 1375 Piccard Drive, Suite 360, 
Rockville, Maryland 20850.
NHSC LRP and NELRP, Focal Point Consulting Group, 1025 Vermont Avenue 
NW., Suite 1000, Washington, DC 20005.
BL Seamon Corporation, 9001 Edmonston Road, Suite 200, Greenbelt, MD 
20770.
    Since contractors may change, a current listing of contractors and 
locations (if different than above) is available upon request.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have applied for, who have been approved to 
receive, who are receiving, or who have received awards under the 
following programs: The Public Health and National Health Service Corps 
(PH/NHSC) Scholarship Training Program, the Physician Shortage Area 
Scholarship Program (PSASP), the National Health Service Corps 
Scholarship Program (NHSC SP), the National Health Service Corps Loan 
Repayment Program (NHSC LRP), the Nursing Education Loan Repayment 
Program (NELRP), the Nursing Scholarship Program (NSP), the Native 
Hawaiian Health Scholarship Program (NHHSP), and Faculty Loan Repayment 
Program (FLRP). Individuals who have applied to participate, are 
participating, or have participated in the NHSC Student/Resident 
Experiences and Rotations in Community Health (SEARCH) Program.
    Individuals who have applied to serve, have been selected to serve, 
are currently serving, or have served as NHSC volunteers or Ready 
Responders.
    Individuals who have applied to participate, are currently 
participating or have participated as an Ambassador for the NHSC or who 
are Alumni of the NHSC.
    Individuals who indicate an interest in employment in or an 
assignment to a medical facility located in a Health Professional 
Shortage Area (HPSA) or a medically underserved population area, 
including public and Federal medical facilities, such as Bureau of 
Prisons medical facilities, Indian Health Service health care 
facilities, and other Federally sponsored health care facilities.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Contains name, address(es), telephone number(s), e-mail 
address(es), Social Security Number (SSN), scholarship, loan repayment, 
or SEARCH application and associated forms/documents, contracts, 
employment data, professional performance and credentialing history of 
licensed health professionals; preference for site-selection; personal, 
professional, and demographic background information; academic and/or 
service progress reports (which include related data, correspondence, 
and professional performance information consisting of continuing 
education, performance awards, and adverse or disciplinary actions); 
commercial credit reports, educational data including tuition and other 
related education expenses; educational data including academic program 
and status; employment status verification (which includes 
certifications and verifications of service obligation); medical data, 
financial data, payment data and related forms, deferment/placement/
suspension/waiver data and supporting documentation; repayment/
delinquent/default status information, correspondence to and from 
Program applicants and participants and/or their representatives, 
Claims Collection Litigation Reports for default cases referred to the 
Department of Justice (DOJ).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 333 of the Public Health Service (PHS) Act, as amended (42 
U.S.C. 254f), Assignment of Corps Personnel; Section 225 of the PHS Act 
(42 U.S.C. 234), as in effect on September 30, 1977, PH/NHSC 
Scholarship Training Program; Section 409(b) of the Health Professions 
Educational Assistance Act of 1976, (42 U.S.C. 259g), PSASP; Sections 
338A-H of the PHS Act, as amended (42 U.S.C. 254l-q), NHSC Scholarship 
and Loan Repayment Programs; Sections 336(c) and 331(b)(1) of the PHS 
Act (42 U.S.C. 254h-1(c) and 254d(b)(1)), SEARCH; Section 846 of the 
PHS Act, as amended (42 U.S.C. 297n), Nursing Education Loan Repayment 
and Nursing Scholarship Programs; Section 10 of the Native Hawaiian 
Health Care Improvement Act, as amended (42 U.S.C. 11709), Native 
Hawaiian Health Scholarship Program; Section 738(a) of the PHS Act (42 
U.S.C. 293b(a)), Faculty Loan Repayment Program; Section 202 of Title 
II of Public Law 92-157 (42 U.S.C. 3505d), National Health Manpower 
Clearinghouse; 31 U.S.C. 7701(c), Debt Collection Improvement Act of 
1996, Requirement That Applicant Furnish Taxpayer Identifying Number; 
Section 215(a) of the PHS Act, as amended (42 U.S.C. 216(a)), 
pertaining to PHS commissioned officers, and 5 U.S.C. 3301 pertaining 
to civil service employees, both of which authorize verification of an 
individual's suitability for employment.

PURPOSE(S):
    The purposes of this system of records are as follows:
    With respect to all the above-identified Programs:
    1. To obtain marketing and recruitment information from individuals 
who registered to complete an online application but did not submit or 
complete an application, applicants and program participants.
    2. To identify and select qualified individuals to participate in 
the above-identified Programs (including NHSC Ready Responders, 
Ambassadors, Alumni, and volunteers);
    3. To maintain records on and to verify applicants' or Program 
participants' credentials and educational background, and previous and 
current professional employment data and performance history 
information to verify that all claimed background and employment data 
are valid and all claimed credentials are current and in good standing 
from selection for an award through the completion of service;
    4. To monitor loan repayment and scholarship activities, including, 
but not limited to, payment tracking, deferment of service obligation, 
service compliance at approved sites, service completion, default, and 
suspension or waiver of the obligation;
    5. To assist the HHS Program Support Center (PSC), the DOJ, and 
other government officials in the collection of Program debts;
    6. To respond to inquiries from Program applicants and 
participants, their attorneys, and Congressional representatives.
    7. To compile and generate managerial and statistical reports.

[[Page 17934]]

    8. With respect to the PH/NHSC and NHSC SP, NHHSP, NSP, NHSC LRP, 
NELRP, and FLRP: (a) To monitor related activities, such as site 
matching and placement at approved sites, service completion, 
suspension and waiver, default, and claims determination; (b) To select 
and match scholarship recipients, loan repayors, and other individuals 
for assignment to or employment with a health care or other facility 
appropriate to the Programs' purposes; (c) To monitor the services 
provided by the Programs' health providers;
    9. With respect to the SEARCH Program, to track recruitment of 
SEARCH participants for the NHSC Scholarship and Loan Repayment 
Programs and to determine how many non-obligated SEARCH participants 
ultimately practice primary health care in HPSAs.
    10. With respect to the Ambassador and Alumni activities, to 
advocate for more health professions students to choose primary care, 
to mentor students and clinicians, to recruit students and clinicians 
for the NHSC Scholarship and Loan Repayment Programs, and to train 
community leaders, their own institution and local clinicians to care 
about and for people in need.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. HHS may disclose to a Member of Congress or to a Congressional 
staff member information from the record of an individual in response 
to an inquiry from the congressional office made at the written request 
of that individual.
    2. HHS may disclose information from this system of records to the 
DOJ, 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 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 DOJ, 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.
    3. In the event that a record on its face, or in conjunction with 
other records, 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, local, or Tribal, or other public authority responsible 
for enforcing, investigating or prosecuting such violation or charged 
with enforcing or implementing the statute or rule, regulation or order 
issued pursuant thereto, if the information disclosed is relevant to 
any enforcement, regulatory, investigative or prosecutive 
responsibility of the receiving entity. This includes, but is not 
limited to, disciplinary actions by State licensing boards against 
current or former Program participants.
    4. HHS may disclose records consisting of names, SSN, disciplines, 
current mailing addresses, and dates of scholarship support and dates 
of graduation of the Programs' scholarship recipients to (a) designated 
coordinators at each health professions school participating in the 
scholarship program for the purpose of determining educational expenses 
and resulting levels of scholarship support, and for the purpose of 
guiding and informing these recipients about the nature of their 
service obligation; and (b) schools attended by NHSC SP, NSP, and NHHSP 
recipients who have taken a leave of absence from school or are 
repeating coursework, for the purpose of determining their academic 
status and whether their scholarship support should be suspended or 
resumed, as appropriate.
    5. HHS may disclose information consisting of name, address, 
discipline/specialty, SSN from this system of records to a 
participant's health professions school, residency program, or other 
postgraduate training program, for the purpose of ascertaining a 
Program participant's enrollment status and training completion or 
graduation date.
    6. HHS may disclose records consisting of names, disciplines, 
current business or school mailing addresses, e-mail addresses of the 
Programs' scholarship and loan repayment participants to contractors, 
Ambassadors, Alumni, and professional organizations in underserved 
communities for the purpose of supporting these clinicians in the 
course of their service obligation in HPSAs and critical nursing 
shortage facilities.
    7. HHS or its contractors may disclose records consisting of a 
SEARCH participant's name, mailing address, e-mail address, phone 
number, health professions school, residency training and specialty to 
State Primary Care Offices (PCOs) and Primary Care Associations (PCAs) 
and site representatives for the purpose of matching participants to 
potential employment sites.
    8. HHS may disclose records to Department grantees, sites, 
contractors and subcontractors who assist with the implementation of 
the above-identified Programs, for the purposes of collecting, 
compiling, aggregating, analyzing, or refining records in the system, 
or improving Program operations. Grantees and contractors maintain, and 
contractors are also required to ensure that subcontractors maintain, 
Privacy Act safeguards with respect to such records.
    9. HHS may disclose biographical data and information supplied by 
Program applicants or participants (a) to references listed on 
application and associated forms for the purpose of evaluating the 
applicant's or participant's professional qualifications, experience, 
and suitability; (b) to a State or local government licensing board 
and/or to the Federation of State Medical Boards or a similar non-
government entity for the purpose of verifying that all claimed 
background and employment data are valid and all claimed credentials 
are current and in good standing; and (c) to prospective employers, or 
to site representatives, PCAs and PCOs for the purpose of appraising 
the applicant's professional qualifications and suitability for site 
assignment or employment.
    10. HHS may disclose an applicant's or participant's name, mailing 
address, e-mail address, phone number, health professions school, 
residency training and specialty to Department grantees, sites, 
contractors and subcontractors who assist with the implementation of 
the above-identified Programs, for the purpose of recruiting, 
screening, evaluating, and matching, placing or assigning health 
professionals to a service site appropriate to the relevant Program's 
purposes. In addition, Department grantees, contractors and 
subcontractors may disclose biographical data and information supplied 
by Program applicants, participants, or references listed on 
application and associated forms (a) to other references for the 
purpose of evaluating the applicant's or participant's professional 
qualifications, experience, and suitability; (b) to a State or local 
government licensing board

[[Page 17935]]

and/or to the Federation of State Medical Boards or a similar non-
government entity for the purpose of verifying that all claimed 
background and employment data are valid and all claimed credentials 
are current and in good standing; (c) to the Excluded Parties List 
System for the purpose of determining whether they appear as suspended, 
debarred, or disqualified from participation in covered transactions; 
(d) to the National Practitioner Data Bank and/or Healthcare Integrity 
and Protection Data Bank for the purpose of determining whether they 
have information on their reports; and (e) to prospective employers, or 
to site representatives, for the purpose of appraising the applicant's 
professional qualifications and suitability for site assignment or 
employment. Grantees and contractors maintain, and contractors are also 
required to ensure that subcontractors maintain Privacy Act safeguards 
with respect to such records.
    11. HHS may disclose records consisting of name, mailing address, 
e-mail address, phone number, SSN, specialty, and requested or actual 
placement site(s) to State PCOs and PCAs and site representatives to 
facilitate PCO, PCA and site activities related to recruitment and 
placement of Program participants at service sites and monitoring 
compliance with the program participant's service obligation.
    12. HHS may disclose records consisting of name, address, SSN, 
employment history, educational data, accreditation, licensing, and 
professional qualification data to a State or local government 
licensing board and/or to the Federation of State Medical Boards or a 
similar non-government entity which maintains records concerning: (a) 
An individual's employment history; (b) the issuance, retention, 
suspension, revocation, or reinstatement of licenses or registrations 
necessary to practice a health professional occupation or specialty; 
(c) disciplinary action against the individual or other sanctions 
imposed by a State or local government licensing board; or (d) the 
individual's attempts to pass health professions licensure exam(s). The 
purposes of this disclosure are: (1) To enable HHS to obtain 
information relevant to a decision concerning a health professional's 
accomplishments, professional and personal background qualifications, 
experience, and any licensure sanctions related to substance abuse, to 
determine the individual's suitability for employment, retention, or 
termination as a health services provider at a health care facility 
approved by the relevant Program, and (2) to inform health professions 
licensing boards or the appropriate non-government entities about the 
health care practices or conduct of a practicing, terminated, resigned, 
or retired health services provider whose professional conduct so 
significantly failed to conform to generally accepted standards of 
professional practice for health care providers as to raise reasonable 
concern for the health and safety of patients.
    13. HHS may disclose information consisting of name, address, SSN, 
health professions license number, and place of employment from this 
system of records to Federal, State, or local health agencies and law 
enforcement regarding a program participant who has a physical or 
mental condition that is, or has the potential to become, a risk to 
patients or to the public at large, or whose aberrant behavior poses 
such a risk (e.g., commission of a sexual assault, illegal use or 
distribution of narcotics).
    14. HHS may disclose information from this system of records to a 
consumer reporting agency, as defined in 31 U.S.C. 3701(a)(3), for the 
following purposes:
    (a) To obtain a commercial credit report to assess the 
creditworthiness of a scholarship or loan repayment applicant;
    (b) To verify information provided on the scholarship or loan 
repayment application concerning whether the applicant has ever 
defaulted on a Federal or State obligation or had delinquent Federal or 
State debts, including judgment liens;
    (c) To determine and verify the eligibility of loans submitted for 
repayment;
    (d) To assess and verify ability of a debtor to repay debts owed to 
the Federal Government; and
    (e) To locate delinquent and/or non-compliant defaulters;
    (f) To provide an incentive for debtors to repay delinquent Federal 
debts by making these debts part of their credit records.
    Pursuant to 31 U.S.C. 3711(e)(1)(F), the information disclosed to 
the consumer reporting agency is limited to (i) information necessary 
to establish the identity of the person, including name, address, and 
taxpayer identification number; (ii) the amount, status, and history of 
the claim; and (iii) the agency or program under which the claim arose.
    15. HHS may use information from this system of records to prepare 
and maintain financial management and accounting documentation related 
to obligations and disbursements of funds, including notifications to 
the Department of the Treasury related to payments to, or on behalf of, 
awardees. Disclosures are limited to the individual's name, address, 
SSN and other information necessary to identify him/her, the funding 
being sought or amount of qualifying educational loans, and the program 
under which the applicant is being processed.
    16. HHS may disclose information about NHSC LRP, NELRP, and FLRP 
applicants or participants to lending institutions for the purpose of 
obtaining payoff balances on educational loans. Disclosure will be 
limited to the applicant/participant's name, address, SSN, the loan 
account number(s), the pre-verified loan balance, account status, and 
other information necessary to identify the LRP applicant/participant 
and his/her loans for this purpose.
    17. HHS may disclose from this system of records a delinquent 
debtor's or defaulting participant's name, address, SSN, 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.
    (b) To another Federal agency so that agency can effect an 
authorized administrative offset; i.e., withhold money, other than 
Federal salaries, payable to or held on behalf of the individual.
    (c) To the Treasury Department, Internal Revenue Service (IRS), to 
request an individual'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.
    18. HHS may disclose information from this system of records to 
another Federal or State agency that has asked the Department to effect 
a salary or administrative offset to help collect a debt owed to the 
United States or to a State (e.g., administrative offset under a 
reciprocal agreement with a State, pursuant to 31 CFR 285.6). 
Disclosure includes, but is not limited to, the individual's name, 
address, SSN, other information necessary to identify the individual, 
and information about the money payable to or on behalf of, or held 
for, the individual.
    19. HHS may disclose to the Department of the Treasury, IRS, 
information about an individual applying under the above-identified 
Programs to find out whether the applicant has a delinquent tax debt. 
This disclosure is for the sole purpose

[[Page 17936]]

of determining the applicant's eligibility for funding and/or 
creditworthiness and is limited to the individual's name, address, SSN, 
other information necessary to identify him/her, and the program for 
which the information is being obtained.
    20. HHS may disclose information from this system of records to 
another Federal, State, or local agency or private employer to whom a 
Program defaulter has applied for Federal grant funds, Federal 
scholarship, loan, or loan repayment funds, or employment involving 
Federal funds, for the purpose of ensuring that the Program defaulter 
does not receive Federal funds for which he/she is ineligible. 
Disclosure will be limited to the defaulter's name, address, SSN, 
inclusion on the Excluded Parties List System, and any other 
information necessary to identify him/her.
    21. As required by the HHS Claims Collection regulation at 45 CFR 
30.32(c), HHS will report to the Treasury Department, IRS, as taxable 
income to the debtor, the discharge of any indebtedness of $600 or more 
when HHS terminates collection activity. The information disclosed may 
include the individual's name, address, SSN, account number, and 
amounts written-off, e.g., principal, interest, and any charges 
assessed by statute.
    22. HHS will disclose information from this system of records to 
any third party that may have information about a defaulting 
participant's current address, such as a U.S. Post Office, a State 
motor vehicle administration, a university's office of the registrar or 
dean's office, a professional organization, an alumni association, 
etc., for the purpose of obtaining the individual's current address. 
This disclosure will be strictly limited to information necessary to 
identify the individual, without any reference to the reason for the 
agency's need for obtaining the current address.
    23. HHS may disclose information from this system of records to the 
Department of Justice and applicable State agencies in order to exclude 
a debtor from all Federal health care programs, as defined in 42 U.S.C. 
1320a-7b(f), including Medicare and Medicaid, or to conclude a 
settlement agreement staying such an exclusion.
    24. HHS may disclose information from this system of records to 
other Federal, State, and local agencies, and public and private 
entities that provide scholarship and/or loan repayment funding or 
include bonus clauses in employment contracts, for the following 
purposes: (a) To curtail fraud and abuse of Federal funds by 
identifying individuals who have applied for, or accepted, funding from 
another source for performance of the same service; (b) to determine if 
an applicant has an existing service obligation to another Federal, 
State, local or other entity; and (c) to collect delinquent debts owed 
to the Federal Government.
    25. HHS may disclose to Federal, State, and local agencies, and 
public and private non-profit entities for research purposes, the name, 
address(es), SSN, discipline and site of applicants and participants in 
the above-identified Programs when the Department:
    (a) Has determined that the use or disclosure does not violate 
legal or policy limitations under which the record was provided, 
collected, or obtained;
    (b) Has determined that a bona fide research/analysis purpose 
exists;
    (c) Has required the recipient to:
    (1) Establish strict limitations concerning the receipt and use of 
applicant- and participant-identified data;
    (2) Establish reasonable administrative, technical, and physical 
safeguards to protect the confidentiality of the data and to prevent 
the unauthorized use or disclosure of the record;
    (3) Remove, destroy, or return the information that identifies the 
applicant or participant at the earliest time at which removal or 
destruction can be accomplished consistent with the purpose of the 
research project, unless the recipient has presented adequate 
justification of a research nature for retaining such information; and
    (4) Make no further use or disclosure of the record except as 
authorized by HHS or when required by law; and
    (d) Has secured a written statement attesting to the recipient's 
understanding of, and willingness to abide by these provisions.
    26. Disclosure may be made in response to a subpoena from another 
Federal agency having the power to subpoena other agencies' records, 
such as the Internal Revenue Service or Civil Rights Commission.
    27. Disclosure of information from this system of records may be 
made to the HHS/PSC/Federal Occupational Health Service (FOH) contract 
physicians to review and provide a written opinion of the medical 
documentation submitted by scholarship and loan repayment Program 
participants seeking a suspension or waiver of their service or payment 
obligation.
    28. HHS may disclose records 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.
    Records may be transferred to System No. 09-40-0012, Debt 
Management and Collection System, HHS/PSC/FMS and System No. 09-90-
0024, Unified Financial Management System, HHS, for payment of Program 
funds and debt collection purposes.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
    1. Storage: Records are maintained in file folders, on servers, and 
backup servers.
    2. Retrievability: Name, Social Security number, or other 
identifying numbers or characteristics.
    3. Safeguards:
    A. Authorized Users: Access is limited to persons authorized and 
needing to use the records, system managers and their staff, BCRS 
headquarters officials, HRSA Office of Performance Review staff, 
financial and fiscal management personnel, Office of the General 
Counsel, Office of Information Technology personnel, Papa Ola Lokahi 
(with respect to NHHSP records), and HRSA grantees and contractors who 
assist with implementation of the Programs.
    B. Physical Safeguards: Rooms where records are stored are locked 
when not in use. During regular business hours, rooms are unlocked but 
are controlled by on-site personnel (including the file room). Security 
guards perform random checks on the physical security of the storage 
locations after duty hours, including weekends and holidays.
    Servers and other computer equipment used to process identifiable 
data are located in secured areas and use physical access devices 
(e.g., keys, locks, combinations, card readers) and/or security guards 
to control entries into the facility. All facilities housing HRSA 
information systems maintain fire suppression and detection devices/
systems (e.g., sprinkler systems, handheld fire extinguishers, fixed 
fire hoses, and or smoke detectors) that can be activated in the event 
of a fire.
    With respect to NHHSP records, the building in which POL's office 
is located is publicly accessible but secured, with limited 
accessibility before and after work hours. Security guards visit the 
building at night. NHHSP's office suite is kept locked

[[Page 17937]]

during work hours and individual offices are also locked when vacant. 
Participant files are kept in a locked cabinet in a locked office. 
Access to these files is limited to approved staff members, and when 
the area the files are in is not under the direct control of NHHSP 
staff, the office and cabinet are kept locked. The File server is 
behind a locked office door in a locked server cabinet. Backup tapes 
are stored in a locked, fireproof floor safe, and a secure, 
confidential off-site vault.

RETENTION AND DISPOSAL:
    Records are retained and disposed of under the authority of the 
HRSA Records Control Schedule contained in HRSA Appendix B-351, Item 
25.P. Participant case files are transferred to the Federal Records 
Center in Suitland, Maryland, one year after closeout and are destroyed 
15 years later. Unfunded or withdrawn applicant case files are 
destroyed 6 months after the end of the fiscal year in which the 
individual applied.

SYSTEM MANAGER(S) AND ADDRESS:
     Policy-Coordinating Official: Associate Administrator, 
Bureau of Clinician Recruitment and Service (BCRS), Health Resources 
and Services Administration (HRSA), 5600 Fishers Lane, Room 8-05, 
Rockville, MD 20857.
     Scholarship and Loan Repayment Applicants/Awardees: 
Director, Division of Applications and Awards, BCRS, HRSA, 5600 Fishers 
Lane, Room 8-37, Rockville, MD 20857.
     Scholarship and Loan Repayment Participant Placement/
Assignment and Service from matching through service completion: 
Director, Division of Scholar and Clinician Support, BCRS, HRSA, 5600 
Fishers Lane, Room 8A-19, Rockville, MD 20857.
     Suspension/Waiver/Default Determination: Director, Legal 
and Compliance Office, BCRS, HRSA, 5600 Fishers Lane, Room 8-47, 
Rockville, MD 20857.
     NHHSP: Administrator, Papa Ola Lokahi, 345 Queen St., 
 706, Honolulu, HI 96813.
     SEARCH: Recruitment and Retention Support Branch, Division 
of Site and Clinician Recruitment, BCRS, HRSA, 5600 Fishers Lane, Room 
8A-55, Rockville, MD 20857.
     Ready Responders, Ambassadors, Alumni, and Volunteers: 
Division of Site and Clinician Recruitment, BCRS, HRSA, 5600 Fishers 
Lane, Room 8A-55, Rockville, MD 20857.

NOTIFICATION PROCEDURE:
    To find out if the system contains records about you, contact the 
Policy-Coordinating Official. The Policy-Coordinating Official will 
then refer the requester to the appropriate System Manager.

REQUESTS IN PERSON:
    A subject individual who appears in person at a specific location 
seeking access to or disclosure of records relating to him/her shall 
provide his/her name, current address, Social Security number or other 
identifying information (e.g., date of birth, place of birth), dates of 
participation in one of the above-identified Programs, (or date of 
application if the individual was not selected for the program) and at 
least one piece of tangible identification, such as driver's license, 
passport, or voter registration card. Identification papers with 
current photographs are preferred but not required. (A Federal-issued 
picture ID is required to access many Federal facilities such as the 
Parklawn Building.) If a subject individual has no identification but 
is personally known to an agency employee, such employee shall make a 
written record verifying the subject individual's identity. 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 MAIL:
    A written request must contain the name and address of the 
requester, Social Security number or other identifying information, and 
his/her signature which is either notarized to verify his/her identity 
or includes a written certification that the requester is the 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. 
In addition, the following information is needed: dates of 
participation in one of the above-identified Programs and current 
status, such as in training, in deferment, in service, in default, or 
date of application if the individual was not selected for the program.

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 
ask for an accounting of disclosures that have been made of their 
records, if any.

CONTESTING RECORD PROCEDURES:
    Same as notification and access procedures. Contact the Policy-
Coordinating Official, 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:
    Subject individual; educational institutions; internship and/or 
residency training progress reports; employers; NHSC approved service 
sites; critical nursing shortage facilities; lending institutions and 
loan servicing agencies; health professional associations; National 
Practitioner Data Bank and/or Healthcare Integrity and Protection Data 
Bank, HHS grantees and contractors/subcontractors; consumer reporting 
agencies/credit bureaus; other Federal agencies, including but not 
limited to the Department of the Treasury, IRS, and the U.S. Postal 
Service; State health professions licensing boards and/or the 
Federation of State Medical Boards or a similar non-government entity; 
and third parties who provide references concerning the subject 
individual.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.

[FR Doc. 2010-7923 Filed 4-7-10; 8:45 am]
BILLING CODE 4160-15-P