Privacy Act of 1974; System of Records, 28362-28369 [2021-11152]

Agencies

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

[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Notices]
[Pages 28362-28369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11152]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Privacy Act of 1974; System of Records

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

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with requirements of the Privacy Act of 1974, as 
amended, the HHS is updating an existing system of records maintained 
by HRSA's Bureau of Health Workforce (BHW), System No. 09-15-0037, HHS/
HRSA/BHW Scholarship and Loan Repayment Program Records. The records in 
the system of records are about individuals who have applied for, are 
receiving, or have received awards under one of BHW's scholarship and 
loan repayment programs, as well as individuals who indicate an 
interest in employment in or assignment to a medical facility located 
in a health professional shortage area or a medically underserved 
population area, incident to their participation in a BHW scholarship 
or loan repayment program.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is 
applicable May 26, 2021, subject to a 30-day period in which to comment 
on the new and revised routine uses, described below. Please submit any 
comments by June 25, 2021.

ADDRESSES: Written comments may be submitted by mail, addressed to: 
ATTN: HRSA/BHW/OAA, 5600 Fishers Ln., Rockville, MD 20857, or by using 
this electronic contact method: https://www.hrsa.gov/about/contact/bhwhelp.aspx.

FOR FURTHER INFORMATION CONTACT: General questions about the revised 
system of records may be submitted by telephone to (800) 221-9393.

[[Page 28363]]


SUPPLEMENTARY INFORMATION: This system of records was last 
comprehensively updated in 2015. The primary reason for updating the 
system of records now is to add a new loan repayment program, the 
Substance Use Disorder (SUD) Treatment and Recovery Loan Repayment 
Program (STAR LRP), to the programs that are covered by this system of 
records and to clarify that the System of Records Notice (SORN) is 
intended to include records for all BHW LRP and Scholarship Program 
(SP) records (sometimes collectively referred to as ``Program'' or 
``Programs''). The modifications include:
     Updating contact information in the System Location and 
System Manager(s) sections.
     Adding a reference to the new loan repayment program, 
STAR, to the System Manager(s) section; the Purpose(s) section at 7; 
the Categories of Individuals section at 1; and in Routine Use 16 
(formerly Routine Use 17).
     Adding a reference to two other programs not mentioned by 
name in the existing SORN, i.e., the National Health Service Corps 
Rural Community (NHSC RC) LRP and the National Health Service Corps 
Substance Use Disorder (NHSC SUD) Workforce LRP, to the System 
Manager(s) section; the Purpose(s) section at 7; the Categories of 
Individuals section at 1; and in Routine use 16 (formerly Routine use 
17).
     Clarifying in the Purpose(s) section at 2, in the 
Categories of Individuals section at 1, and in a revision to Routine 
Use 8 that the SORN covers records for all BHW loan repayment and 
scholarship ``Programs'' (e.g., not just ``above-identified Programs'' 
but also any future programs).
     In the Authorities section, adding 42 U.S.C. 294h, which 
authorizes the new STAR LRP; and broadening the citation to 42 U.S.C. 
254f to include additional sections which are applicable, i.e., 42 
U.S.C. 254d through 254h-1.
     Revising the Purpose(s) section to:
     Merge former purpose description 10 with purpose 
description 4, so that 4 now describes both the debt servicing and debt 
collection purposes.
     Reword the start of purpose description 10 (formerly 11) 
to read: ``To provide information to the Assistant Secretary for 
Financial Resources . . .'' (instead of: ``To transfer information to 
System No. 09-90-0024, Unified Financial Management System . . .'').
     Add a new purpose description at 11, i.e., to use records 
to create datasets for the agency to use to evaluate and improve the 
Programs, to make available for outside researchers to use for research 
purposes and, in deidentified form, to make available to the public.
     Adding a short list of record categories at the start of 
the Categories of Records section.
     In the Record Source Categories section, spelling out the 
names of the Department of the Treasury (Treasury) and the Internal 
Revenue Service (IRS); adding, after the System for Awards Management, 
``and any other relevant databases included in the Department of the 
Treasury's Do Not Pay Working System;'' adding the Department 
Education; and adding a paragraph at the end of the section, describing 
a BHW interconnection with the Department of Education's National 
Student Loan Data system which Program participants have the option to 
use to provide BHW with information related to their applications.
     Revising the Routine Uses section to:
     In the introduction to the Routine uses section, change 
``. . . and (b)(4) through (b)(11) . . .'' to ``. . . and (b)(4) 
through (b)(12) . . .'' because (b)(12) is applicable to this system of 
records, due to adding Note 2 at the end of the section which gives 
notice as required by 31 U.S.C. 3711(e) that the disclosures to 
consumer reporting agencies permitted by 5 U.S.C. 552a(b)(12) are made 
from this system of records.
     Remove, from the end of routine use 2, a redundant phrase 
that repeated part of the definition of a routine use (i.e., a phrase 
stating that the use must be compatible with the purpose for which the 
records were collected); and change ``litigation'' to ``litigation and 
other proceedings.''
     Clarify, in routine use 6, that the contractors in 
underserved communities who are included as disclosure recipients are 
contractors supporting the Programs.
     Broaden routine use 8 to replace ``. . . who assist with 
the implementation of the above-identified Programs for the purpose of 
collecting, compiling, aggregating, analyzing, or refining records in 
the system, or improving Program operations'' with ``. . . who assist 
with the implementation of the Programs or in improving Program 
operations, when they need access to the records to provide the 
assistance.''
     Broaden routine use 10 to include, after the reference to 
the System for Awards Management, ``and any other relevant databases 
included in Treasury's Do Not Pay Working System.''
     Revise routine use 16 to refer to the new loan repayment 
program, STAR LRP, and the NHSC RC LRP and NHSC SUD Workforce LRP.
     Add new routine use 24, which authorizes disclosure of 
datasets containing identifiable data to approved outside researchers, 
subject to the restrictions stated in the routine use.
     Number the existing note at the end of the Routine Uses 
section as ``Note 1;'' reword the note without substantively changing 
it (i.e., to change ``debt management'' to ``debt servicing''); and 
update the name of the related system of records 09-90-0024 referenced 
in that note.
     Add a second note, numbered as ``Note 2,'' providing 
notice as required by Treasury statute 31 U.S.C. 3711(e) that records 
from this system of records are disclosed to consumer reporting 
agencies pursuant to 5 U.S.C. 552a(b)(12).
     Revising the Retrieval section to include address and 
Applicant/Participant ID number as personal identifiers used for 
retrieval, and to remove ``characteristics,'' because they would not be 
personal identifiers.
     Updating the Retention and Disposal section with new 
disposition schedule numbers in 2 and 3 and explaining, in 4, that the 
BHW Management Information System Solution (BMISS) is an information 
technology system and spelling out the name the National Archives and 
Records Administration.
     Updating the Safeguards section to include a new 
introduction and two additional administrative safeguards (ongoing 
security control audits and reviews, and security awareness training), 
and to remove a paragraph describing physical safeguards applicable to 
records at Papa Ola Lokahi (POL) in Hawaii, which included no different 
safeguards from those described earlier in the section as applying to 
the system of records.
     Revising the Record Access, Contesting Records, and 
Notification Procedures sections to:
     Remove detailed in-person request procedures and to 
instead require requests to be in writing, without specifying different 
procedures for different submission methods.
     Remove an unnecessary statement that telephone requests 
will not be honored (such requests would not be in writing).
     Replace social security number (SSN) with ``Applicant/
Participant ID number'' as an item of information that ``should'' be 
included in a request (i.e., information that would be helpful to 
include as opposed to being mandatory to include).

[[Page 28364]]

    Because some of these changes are significant, a report on the 
modified system of records was sent to OMB and Congress in accordance 
with 5 U.S.C. 552a(r).

Diana Espinosa,
Acting Administrator.

SYSTEM NAME AND NUMBER:
    HHS/HRSA/BHW Scholarship and Loan Repayment Program Records, 09-15-
0037.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The address of the agency component responsible for this system of 
records is:
     Health Resources and Services Administration/Bureau of 
Health Workforce, 5600 Fishers Lane, Rockville, MD 20857.
    Addresses of third-party service providers assisting BHW:
     Arch Systems, LLC, 1800 Washington Blvd., Ste. 421, 
Baltimore, MD 21230.
     Publicis Sapient, 1515 N Courthouse Rd., 4th Fl., 
Arlington, VA 22201.

SYSTEM MANAGER(S):
    The System Manager for the system of records is the following 
Policy-Coordinating Official: Director, Division of Policy and Shortage 
Designation, BHW, HRSA, 5600 Fishers Ln., Rockville, MD 20857, (877) 
464-4772 (TTY: (877) 897-9910).
    Points of contact for specific scholarship programs and activities 
(SP) and loan repayment programs and activities (LRP), collectively 
referred to as Program or Programs:
     For the National Health Service Corps Scholarship Program 
(NHSC SP), National Health Service Corps Loan Repayment Program (NHSC 
LRP), National Health Service Corps Students to Service Loan Repayment 
Program (NHSC S2S LRP), National Health Service Corps Substance Use 
Disorder Workforce Loan Repayment Program (NHSC SUD Workforce LRP), 
NHSC Rural Community LRP (NHSC RC LRP) and Substance Use Disorder 
Treatment and Recovery Loan Repayment Program (STAR LRP) Applications/
Awards: Director, Division of the National Health Service Corps, BHW, 
HRSA, 5600 Fishers Ln., Rockville, MD 20857.
     For Nurse Corps LRP, Nurse Corps SP, and Faculty Loan 
Repayment Program (FLRP) Applications/Awards: Director, Division of 
Health Careers ad Financial Support, BHW, HRSA, 5600 Fishers Ln., 
Rockville, MD 20857, 1-877-464-4772 (TTY:1-877-897-9910).
     For NHSC SP, NHSC LRP, NHSC S2S LRP, NHSC SUD Workforce 
LRP, NHSC RC LRP, FLRP, and STAR LRP: Director, Division of Participant 
Support and Compliance, BHW, HRSA, 5600 Fishers Ln., Rockville, MD 
20857.
     For Suspension/Waiver/Default Determination for all BHW 
Programs: Chief, Legal and Compliance Branch, BHW, HRSA, 5600 Fishers 
Ln., Rockville, MD 20857.
     For Native Hawaiian Health Scholarship Program (NHHSP): 
Administrator, Papa Ola Lokahi, 894 Queen St., No. 706, Honolulu, HI 
96813.
     For Student/Resident Experiences and Rotations in 
Community Health (SEARCH) and Ambassadors: Director, Division of 
External Affairs, BHW, HRSA, 5600 Fishers Ln., Rockville, MD 20857.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    These statutes authorize HHS/HRSA to maintain this system of 
records:
     42 U.S.C. 254d through 254h-1 (Secs. 331 through 336 of 
the Public Health Service (PHS) Act, as amended).
     42 U.S.C. 234 (Sec. 225 of the PHS Act, as in effect on 
September 30, 1977, Public Health National Health Service Corp (PH/
NHSC) Scholarship Training Program).
     42 U.S.C. 295g (Sec. 409(b) of the Health Professions 
Educational Assistance Act of 1976, Physician Shortage Area Scholarship 
Program (PSASP)).
     42 U.S.C. 2541-q (Secs. 338A-H of the PHS Act, as amended, 
NHSC Scholarship and Loan Repayment Programs).
     42 U.S.C. 254h-1(c) and 254d(b)(1) (Secs. 336(c) and 
331(b)(1) of the PHS Act, Student/Resident Experiences and Rotations in 
Community Health (SEARCH)).
     42 U.S.C. 297n (Sec. 846 of the PHS Act, as amended, Nurse 
Corps Loan Repayment Program and the Nurse Corps Scholarship Program).
     42 U.S.C. 11709 (Sec. 10 of the Native Hawaiian Health 
Care Improvement Act, as amended, NHHSP).
     42 U.S.C. 293b(a) (Sec. 738(a) of the PHS Act), Faculty 
Loan Repayment Program).
     42 U.S.C. 3505d (Sec. 202 of Title II of Pub. L. 92-157, 
National Health Professional Shortage Clearinghouse).
     31 U.S.C. 7701(c) (Debt Collection Improvement Act of 
1996, Requirement That Applicant Furnish Taxpayer Identifying Number).
     5 U.S.C. 3301 (pertaining to civil service employees) and 
42 U.S.C. 216(a) (Sec. 215(a) of the PHS Act, as amended, pertaining to 
PHS commissioned officers), both of which authorize verification of an 
individual's suitability for employment).
     42 U.S.C. 295h (Sec. 781 of the Public Health Service 
Act), STAR LRP.

PURPOSE(S) OF THE SYSTEM:
    Relevant agency personnel use records about individuals in this 
system of records on a need to know basis for the following purposes:
    1. To obtain marketing and recruitment information concerning 
individuals who registered to complete an online application but did 
not submit or complete an application.
    2. To identify and select qualified individuals to participate in 
any of the BHW Loan Repayment Programs (LRP) and Scholarship Programs 
(SP), including any future program.
    3. To maintain records on and to verify program applicants' or 
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 
for selection for an award through the completion of service.
    4. To assist the HHS Program Support Center (PSC) in servicing 
Program debts and to assist or obtain assistance from PSC, the 
Department of Justice (DOJ), and other government entities in the 
collection of Program debts that are disputed, defaulted, or 
delinquent.
    5. To respond to inquiries from Program applicants and 
participants, their attorneys or other authorized representatives, and 
Congressional representatives.
    6. To compile and generate managerial and statistical reports.
    7. With respect to the PH/NHSC, NHSC SP, NHHSP, Nurse Corps SP, 
NHSC LRP, Nurse Corps LRP, FLRP, NHSC SUD Workforce LRP, and STAR LRP: 
(a) 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; (b) to perform 
loan repayment and scholarship program administrative activities, 
including, but not limited to, payment tracking, deferment of the 
service obligation, monitoring a participant's compliance with the 
service requirements, determination of service completion, review of 
suspension or waiver requests, default determinations, and calculation 
of liability upon default; and (c) to monitor the services provided by 
the Programs' health care providers.

[[Page 28365]]

    8. With respect to the SEARCH Program: (a) To track recruitment of 
SEARCH participants for the NHSC Scholarship and Loan Repayment 
Programs; and (b) to determine how many non-obligated SEARCH 
participants ultimately practice primary health care in a Health 
Professional Shortage Area (HPSA).
    9. With respect to the Ambassador and Alumni activities: (a) To 
advocate for more health professions students to choose primary care; 
(b) to mentor students and clinicians; and (c) to recruit students and 
clinicians for the NHSC Scholarship and Loan Repayment Programs, and to 
train community leaders and local clinicians to care about and for 
people in need.
    10. To provide information to the HHS Office of the Assistant 
Secretary for Financial Resources for purposes of effecting payment of 
program funds (including through the Department of the Treasury) and 
preparing and maintaining financial management and accounting 
documentation related to obligations and disbursements of funds 
(including providing notifications to the Department of the Treasury) 
related to payments to, or on behalf of, awardees. Information provided 
to ASFR for these purposes is limited to the individual's name, 
address, SSN, and other information necessary to identify the 
individual, the funding being sought or amount of qualifying 
educational loans, and the program under which the awardee is being 
processed.
    11. To create datasets for HHS to use to evaluate and improve the 
BHW loan repayment and scholarship programs, and for HHS to make 
available to the public or to approved outside researchers. Any 
datasets made available to the public would be de-identified, limited 
to information the disclosure of which would not constitute a clearly 
unwarranted invasion of personal privacy under the Freedom of 
Information Act. Identifiable datasets would be made available to 
approved researchers only, subject to restrictions, as described in 
routine use 24.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system of records contains records about the following 
categories of individuals:
    1. Individuals who have applied for, who are receiving, or who have 
received awards under any BWH loan repayment programs (LRP) or 
scholarship programs (SP), including any new programs arising after 
publication of this SORN. Current programs, which may change over time, 
include: The National Health Service Corps Scholarship Program (NHSC 
SP); the National Health Service Corps Loan Repayment Program (NHSC 
LRP); National Health Service Corps Students to Service Loan Repayment 
Program (NHSC S2S LRP); the National Health Service Corps Substance Use 
Disorder Workforce Loan Repayment Program (NHSC SUD Workforce LRP); the 
National Health Service Corps Rural Community Loan Repayment Program 
(NHSC RC LRP); the Nurse Corps Loan Repayment Program (Nurse Corps 
LRP); the Nurse Corps Scholarship Program (Nurse Corps SP); the NHHSP; 
the Faculty Loan Repayment Program (FLRP); and the Substance Use 
Disorder (SUD) Treatment and Recovery Loan Repayment Program (STAR 
LRP).
    2. Individuals who have applied to participate, are participating, 
or have participated in the NHSC Student/Resident Experiences and 
Rotations in Community Health (SEARCH) Program.
    3. Individuals who are current or former Ambassadors, Alumni, or 
Ready Responders.
    4. 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:
    The categories of records include scholarship and loan repayment 
applications, and associated forms, documents, reports, correspondence, 
and contracts, and expressions of interest, for all BHW scholarship 
programs and loan repayment programs, including those listed in the 
System Manager(s) section and any new programs not specifically listed.
    Examples of particular records and data elements include: The 
individual's name, address(es), telephone number(s), email address(es), 
Social Security number (SSN); scholarship, loan repayment, Ambassadors, 
Alumni, Ready Responders 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; information concerning 
educational loans; 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 
DOJ.

RECORD SOURCE CATEGORIES:
    Records are obtained directly from the subject individuals, or from 
the following sources: Educational institutions; internship and/or 
residency training programs; employers; NHSC-approved service sites; 
critical shortage facilities; schools of nursing; lending institutions 
and loan servicing agencies; health professional associations; National 
Practitioner Data Bank; the System for Awards Management and any other 
relevant databases included in the Department of the Treasury's Do Not 
Pay Working System (see https://fiscal.treasury.gov/DNP/); HHS Office 
of Inspector General website listing of individuals excluded from 
Medicare, Medicaid, and all other federal health care programs; HHS 
database of Health Professional Shortage Areas; HHS grantees and 
contractors/subcontractors; consumer reporting agencies/credit bureaus; 
other federal agencies, including but not limited to the Department of 
the Treasury (Treasury) and its Internal Revenue Service (IRS), the 
Department of Education, 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 or other information concerning the subject 
individual.
    Applicants/participants have the option to use a BHW 
interconnection with the Department of Education's National Student 
Loan Data System to import information related to their application. 
The interconnection provides data integrity and security for BHW and 
convenience for the applicants/participants.

[[Page 28366]]

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to the disclosures authorized by the Privacy Act at 5 
U.S.C. 552a(b)(2) and (b)(4)-(b)(12), information about an individual 
may be disclosed from this system of records to parties outside HHS, 
without the individual's prior, written consent, for these routine 
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 a written 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 DOJ 
(or HHS, where it is authorized to do so) has agreed to represent the 
employee, or
    d. The United States Government,
    is a party to litigation or other proceedings and has an interest 
in such proceedings, and by careful review, HHS determines that the 
records are both relevant and necessary to the proceedings.
    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, disclosure may be made to the 
appropriate public authority, whether federal, state, local, Tribal, or 
otherwise, 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 
is relevant to the enforcement, regulatory, investigative, or 
prosecutorial 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 information consisting of names, SSN, 
disciplines and/or medical specialties, current mailing addresses, 
dates of scholarship support, and dates of graduation of NHSC SP, Nurse 
Corps SP and NHHSP 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 scholarship recipients 
who have taken a leave of absence from school, have terminated 
enrollment or been dismissed 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 and/or medical specialty, and SSN from this system of 
records to a Program participant's health professions school, residency 
program, or other postgraduate training program, for the purpose of 
ascertaining the participant's enrollment status and training 
completion or graduation date.
    6. HHS may disclose records consisting of names, disciplines and/or 
medical specialties, current business or school mailing addresses, 
email addresses of the Programs' scholarship and loan repayment 
participants to contractors supporting the Programs, Ambassadors, 
Alumni, and professional organizations in underserved communities for 
the purpose of supporting these clinicians in the course of their 
service obligation in a HPSA, school of nursing, or critical shortage 
facility.
    7. HHS or its contractors may disclose records consisting of a 
SEARCH participant's name, mailing address, email 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 consisting of a participant's name, 
SSN, mailing address, email address, phone number, health professions 
school, residency training, specialty, program status, award years, 
service start and end dates, and service site address and phone number 
to Department grantees, contractors and subcontractors who assist with 
the implementation of the Programs, or in improving Program operations, 
when they need access to the records to provide the assistance. 
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 the 
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, current or 
former employers, or to site representatives, or to 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, email address, phone number, SSN, health professions school, 
residency training, and specialty to Department grantees, site 
representatives, 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 the 
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 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 System 
for Awards Management and any other relevant databases included in 
Treasury's Do Not Pay Working System (see https://fiscal.treasury.gov/DNP/) for the purpose of determining whether applicants or participants 
are suspended, debarred, or disqualified from participation in covered 
transactions; (d) to the National Practitioner Data Bank for the 
purpose of determining whether applicants or participants have 
information on their reports; and (e) to prospective employers, or to 
site representatives, for the purpose of appraising the applicant's or 
participant's professional qualifications and suitability for site

[[Page 28367]]

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, 
email address, phone number, SSN, specialty, and requested or actual 
placement site(s) to State Loan Repayment Grantees, 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. For the purpose of monitoring the program 
participant's compliance with the service obligation, including fact-
finding to calculate service credit, to decide transfer requests, or to 
make default determinations, HHS may release to the participant's 
service site other information from the participant's file, including 
but not limited to, his/her allegations concerning conditions at the 
site, disputes with site management, or circumstances surrounding his/
her resignation/termination.
    12. HHS may disclose records 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). 
This disclosure may include the applicant's or participant's name, 
address, SSN, employment history, educational data, accreditation, 
licensing, and professional qualification data, and facts concerning 
any clinical competence, unprofessional behavior, or substance abuse 
problem of which HHS is aware. 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 consisting of name, address, SSN, 
health professions license number, and place of employment to a state 
or local government agency, including any agent thereof, maintaining 
criminal, civil, or administrative violation records, or other 
pertinent information such as records regarding the investigation or 
resolution of allegations involving a program participant. The purpose 
of this disclosure is to enable HHS to monitor compliance with program 
requirements and make determinations regarding administrative actions 
or other remedies, including default determinations.
    15. HHS may disclose Ambassador information consisting of name, 
email and social network address(es), phone number(s), employment 
information, and professional biographies to current and prospective 
participants in BHW programs and other interested individuals. The 
purpose of this disclosure is to allow these individuals to contact 
Ambassadors who serve as mentors and local resources for the NHSC 
programs.
    16. HHS may disclose information about applicants or participants 
in relevant Programs, including, for example, the NHSC LRPs (e.g., LRP, 
S2S LRP, SUD Workforce LRP, and RC LRP); Nurse Corps LRP; FLRP; and 
STAR LRP, to lending institutions and loan servicing agencies for the 
purpose of obtaining payoff balances on educational loans and 
determining whether loans are eligible for repayment under the 
applicable Program. 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 information to the IRS 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 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.
    18. 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 Do Not Pay List, and any other information necessary 
to identify him/her.
    19. HHS may disclose information from this system of records to the 
DOJ 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.
    20. 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; and (b) to 
determine if an applicant has an existing service obligation to another 
federal, state, local, or other entity.
    21. 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 service sites 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

[[Page 28368]]

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.
    22. Disclosure may be made in response to a subpoena from another 
federal agency having the power to subpoena other agencies' records, 
such as the IRS or U.S. Commission on Civil Rights.
    23. Disclosure of information from this system of records may be 
made to the HHS/PSC/Federal Occupational Health 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.
    24. HHS may disclose individually-identifiable records from this 
system of records, in the form of restricted datasets, to outside 
researchers for research purposes, when (a) HHS has determined that the 
use or disclosure does not violate legal or policy requirements, (b) 
HHS has determined that the research purpose cannot be reasonably 
accomplished unless the records are provided in individually-
identifiable form, and warrants the risk to the privacy of the 
individuals which additional exposure of the record might bring; (c) 
HHS has required the recipient to establish reasonable administrative, 
technical, and physical safeguards to prevent unauthorized use or 
disclosure of the records, and to remove or destroy the identifiable 
information 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 
or health nature for retaining such information.
    25. Disclosure to the U.S. Department of Homeland Security (DHS) if 
captured in an intrusion detection system used by HHS and DHS pursuant 
to a DHS cybersecurity program that monitors internet traffic to and 
from federal government computer networks to prevent a variety of types 
of cybersecurity incidents.
    26. Records may be disclosed to appropriate agencies, entities, and 
persons when (1) HHS suspects or has confirmed that there has been a 
breach of the system of records, (2) HHS has determined that as a 
result of the suspected or confirmed breach there is a risk of harm to 
individuals, HHS (including its information systems, programs, and 
operations), the federal government, or national security, and (3) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist in connection with HHS's efforts to respond to the 
suspected or confirmed breach or to prevent, minimize, or remedy such 
harm.
    27. Records may be disclosed to another federal agency or federal 
entity, when HHS determines that information from this system of 
records is reasonably necessary to assist the recipient agency or 
entity in (1) responding to a suspected or confirmed breach or (2) 
preventing, minimizing, or remedying the risk of harm to individuals, 
the recipient agency or entity (including its information systems, 
programs, and operations), the federal government, or national 
security, resulting from a suspected or confirmed breach.
    Note 1: Because, as described in the Purposes section, certain 
records in this system of records are included in other systems of 
records used by HHS offices that handle related financial management 
and debt servicing and collection functions, the SORNs covering those 
systems of records should be consulted for additional routine use 
disclosures that may be made without the individual's consent. See HHS 
Financial Management System Records, System No. 09-90-0024, and Debt 
Management and Collection System, System No. 09-40-0012.
    Note 2: This Note provides notice, as required by 31 U.S.C. 
3711(e), that, pursuant to the authorization in 5 U.S.C 552a(b)(12), 
HHS may disclose information from this system of records, without the 
subject individuals' consent, to a consumer reporting agency, as 
defined in 31 U.S.C. 3701(a)(3). Disclosure purposes include:
    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 non-federal obligation, or had delinquent 
federal or non-federal debts or 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 provide an incentive for debtors to repay 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in electronic database servers and backup 
servers, file folders, and for NHHSP records, a backup hard drive.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by an individual's name, address, SSN, or 
Applicant/Participant ID number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of as follows:
    1. Files concerning participants who complete their obligations or 
whose obligations are waived, cancelled, or terminated are transferred 
to the Washington National Records Center in Suitland, MD and are 
destroyed 6 years after final payment, under disposition schedule HSA 
B-351 3. 1.
    2. HRSA has digitized and uploaded paper files concerning active 
participants in BHW scholarship and loan repayment programs into the 
BMISS. The paper files are stored at the Washington National Records 
Center and are destroyed 15 years after closeout, under disposition 
schedule DAA-0512-2014-0004-0056.
    3. Unfunded or withdrawn applicant records are destroyed 6 months 
after the close of each fiscal year application period, under 
disposition schedule DAA-0512-2014-0004-0057.
    4. Currently, all records migrated to the BMISS information 
technology (IT) system or created in BMISS are retained indefinitely, 
pending the National Archives and Records Administration's approval of 
a revised disposition schedule.

[[Page 28369]]

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    These safeguards apply to the records at all locations, including 
at Papa Ola Lokahi (POL), an entity which collaborates with HRSA/BHW in 
the administration of the NHHSP through a Cooperative Agreement to 
assist with the implementation of the NHHSP:
    a. Administrative Safeguards:
     Authorized Users: Password-protected access is limited to 
persons authorized and needing to use the electronic records, which 
includes system managers and their staff, BHW headquarter officials and 
staff, HRSA Division of Regional Operations staff, financial and fiscal 
management personnel, Office of the General Counsel personnel, Office 
of Information Technology personnel, and POL personnel.
     Additional Authorized Users: Password-protected access is 
also provided to applicants, participants, and service sites for the 
purpose of inputting data, uploading documents, or submitting queries 
through BMISS.
     Security controls are audited and reviewed on an ongoing 
basis, and security awareness training is conducted at least annually.
    b. Technical safeguards:
     Encryption, intrusion detection, and firewalls are 
utilized. Scans are run against the BMISS platform for web and 
architecture vulnerabilities. Complex or strong passwords are required 
and must be changed frequently.
    c. Physical Safeguards:
     Rooms where records are located are locked when not in 
use. During regular business hours, rooms are unlocked but are 
controlled by on-site personnel. Security guards perform random checks 
on the physical security of the offices (storage locations) after duty 
hours, including weekends and holidays.
     Servers and other computer equipment used to process 
identifiable data are located in secured areas which use physical 
access control 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 or 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.

RECORD ACCESS PROCEDURES:
    To request access to a record about you, submit a written access 
request to the Policy-Coordinating Official identified in the ``System 
Manager'' section of this SORN, who will refer your request to the 
appropriate Point of Contact for the program/activity. The request must 
contain your full name, address, and signature, and should also include 
the name of the Program(s) in which you participated (or applied but 
were not selected) and current status (e.g., in training, in deferment, 
in service, or in default), and Applicant/Participant ID number. To 
verify your identity, your signature must be notarized or the request 
must include your written certification that you are the individual who 
you claim to be and that you understand that the knowing and willful 
request for or acquisition of a record pertaining to an individual 
under false pretenses is a criminal offense subject to a fine of up to 
$5,000. You may request that copies of the records be sent to you, or 
you may request an appointment to review the records in person 
(including with a person of your choosing, if you provide written 
authorization for agency personnel to discuss the records in that 
person's presence). You may also request an accounting of disclosures 
that have been made of records about you, if any.

CONTESTING RECORDS PROCEDURES:
    To request correction of a record about you in this system of 
records, submit a written amendment request to the Policy-Coordinating 
Official identified in the ``System Manager'' section of this SORN, who 
will refer your request to the appropriate Point of Contact for the 
program/activity. The request must contain the same information 
required for an access request and include verification of your 
identity in the same manner required for an access request. In 
addition, the request must reasonably identify the record and specify 
the information contested, the corrective action sought, and the 
reasons for requesting the correction; and should include supporting 
information to show how the record is inaccurate, incomplete, untimely, 
or irrelevant.

NOTIFICATION PROCEDURES:
    To find out if the system of records contains records about you, 
submit a written notification request to the Policy-Coordinating 
Official identified in the ``System Manager'' section of this SORN who 
will refer your request to the appropriate Point of Contact for the 
program/activity. The request must contain the same information 
required for an access request, and must include verification of your 
identity in the same manner required for an access request.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    80 FR 18631 (Apr. 7, 2015), 83 FR 6591 (Feb. 14, 2018).

[FR Doc. 2021-11152 Filed 5-25-21; 8:45 am]
BILLING CODE 4160-15-P