[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Notices]
[Pages 50222-50227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23569]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service [System Number 09-17-0002]


Privacy Act of 1974; Report of Modified or Altered System; Indian 
Health Service Scholarship and Loan Repayment Programs

AGENCY: Department of Health and Human Services (HHS), Indian Health 
Service (IHS).

ACTION: Notice of a Modification or Alteration to a System of Records 
(SOR).

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a(e)(4), the IHS has amended and is publishing the 
proposed alteration of a SOR, ``Indian Health Service Scholarship and 
Loan Repayment Programs,'' System No. 09-17-0002. We propose to modify 
the SOR to reflect current program changes, statutory and 
implementation changes. Under the system name, we propose to clarify 
language under the ``Categories of individuals covered by the system'' 
section; to include statutory authorities for the grants program under 
the ``Authority for maintenance of the system'' section; to include the 
IHS Grants Program (Indians Into Nursing, Indians Into Medicine, and 
Indians Into Psychology) and the IHS Health Professions Support Branch 
in the ``Purposes'' section; various minor language edits to routine 
use number 4 for litigation as these records are not Health Insurance 
Portability and Accountability Act (HIPAA) protected records; add a new 
routine use number 20 to comply with Office of Management and Budget 
(OMB) (M)emorandum 07-16 Safeguarding Against and Responding to the 
Breach of Personally Identifiable Information of May 22, 2007 and the 
HHS Directive memoranda dated September 19, 2007 to incorporate 
Notification of Breach Routine Use language; and finally minor 
administrative and program edits to other sections of the SOR.

DATES: Effective Dates: The Report of Intent to Amend a System of 
Records Notice and an advance copy of the system notice have been sent 
to the Chair of the House Committee on Government Reform and Oversight, 
the Chair of the Senate Committee on Governmental Affairs, and the 
Administrator, Office of Information and Regulatory Affairs, OMB on 
September 30, 2009. To ensure that all parties have adequate time in 
which to comment, the modified system of records, including routine 
uses, will become effective 40 days from the publication of the notice, 
or from the date it was submitted to OMB and the Congress, whichever is 
later, unless IHS receives comments that require alterations to this 
notice.

ADDRESSES: The public should address comments to: Mr. William Tibbitts, 
IHS Privacy Act Officer, Division of Regulatory Affairs, Office of 
Management Services, 801 Thompson Avenue, TMP, Suite 450, Rockville, MD 
20852-1627; call non-toll free (301) 443-1116; send via facsimile to 
(301) 443-9879, or send your e-mail requests, comments, and return 
address to: <a href="/cdn-cgi/l/email-protection#93c4fafffffaf2febdc7faf1f1fae7e7e0d3fafbe0bdf4fce5"><span class="__cf_email__" data-cfemail="85d2ece9e9ece4e8abd1ece7e7ecf1f1f6c5ecedf6abe2eaf3">[email protected]</span></a>

FOR FURTHER INFORMATION CONTACT: RADM Robert E. Pittman, Director, 
Division of Health Professions Support, Office of Public Health 
Support, 801 Thompson Avenue, TMP, Suite 450A, Rockville, MD 20852-
1627, Telephone (301) 443-2361.

SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a(e)(4), this document sets forth the proposed 
alteration of a system of records maintained by the IHS. In addition to 
updating and making editorial corrections to improve the clarity of the 
system notice, this alteration requires the revisions of the Categories 
of Records, Purposes, Authority, Safeguard, Retention and Disposal, 
Notification and Access Procedures sections.

    Dated: September 15, 2009.
Yvette Roubideaux,
Director, Indian Health Service.
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
09-17-0002

SYSTEM NAME:
    Indian Health Service Scholarship and Loan Repayment Programs, HHS/
IHS/OPHS/DHPS.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Office of Public Health Support (OPHS), Division of Health 
Professions Support (DHPS), Scholarship and Loan Repayment Branch(es) 
and Health Professions Support Branch, Indian Health Service, 12300 
Twinbrook Parkway, Suite 450A, Rockville, MD 20852. Washington National 
Records Center, 4205 Suitland Road, Suitland, MD 20746-8001. Records 
are also located at the Indian Health Service (IHS) Area Offices. A 
list of the IHS Area Offices where individually identifiable data are 
currently located is

[[Page 50223]]

available upon request to the Policy-Coordinating Official(s) at IHS 
Headquarters East, 12300 Twinbrook Parkway, Suite 450A, Rockville, MD 
20852.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants for and recipients of benefits from the scholarship 
programs (Sections 103 and 104 of the Indian Health Care Improvement 
Act, as amended (IHCIA)), loan repayment program (Section 108 of the 
IHCIA; and grant programs (Section 112 Nursing Program; Section 114 
Indians into Medicine; and Section 217 Indians into Psychology under 
the ICHIA), and recruitment programs administered by the IHS. The IHS 
scholarship program includes the Health Professions Pre-Graduate 
Scholarship Program for Indians, the Health Professions Preparatory 
Scholarship Program for Indians; and the Health Professions Scholarship 
Program for Indians. Also included are records of scholarship, loan 
repayment and grant recipients who are obligated to fulfill, are 
fulfilling, or have fulfilled their IHS service obligations as a result 
of receiving funds from these IHS programs, and individuals who have an 
expressed and/or obligated interest in employment in or an assignment 
to an IHS medical facility, Tribal medical/health care facility, Title 
V urban healthcare entity, or other facility described in sections 104, 
108, 112 and 217 of the IHCIA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Contains: Name, telephone number(s), work, school, home and/or 
mailing address; Social Security Number (SSN); IHS scholarship or IHS 
loan repayment application; associated forms; employment data; 
professional performance and credentialing history of licensed health 
professionals; preference for site selection; personal, professional, 
and demographic background information; progress reports (which include 
related data, correspondence, and professional performance 
information); payroll forms; lender's loan repayment confirmation 
forms; Form W-4 (for withholding Federal taxes on scholarship 
recipients monthly stipends); direct deposit forms (for monthly 
stipends for scholarship recipients and for annual loan repayment 
distribution among participants in the programs); deferment and 
placement data; and repayment/delinquent/default status information 
including medical documentation related to default/waiver proceedings.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    25 U.S.C. 1613, including the Health Professions Compensatory Pre-
professional and the Health Professions Pre-graduate Scholarships;
    25 U.S.C. 1613a, Health Professions Scholarship;
    25 U.S.C. 1616a, IHS Loan Repayment Program,
    31 U.S.C. 7701, Requirement That Applicant Furnish Taxpayer 
Identifying Number; 42 U.S.C. 216(a), for PHS Commissioned Officers, 
and 5 U.S.C. 3301 for civil service employee, both of which authorize 
verification of an individual's suitability for employment; the grants 
program is codified at 25 U.S.C. 1616e. Nursing Program; 25 U.S.C. 
1616g. Indians into Medicine Program; and 25 U.S.C. 1621p. American 
Indians into Psychology Program; Federal Records Act (44 U.S.C. 2901); 
Privacy Act of 1974, as amended (5 U.S.C. 552a); Department Regulation 
(5 U.S.C. 301); and 42 U.S.C. 254f, Assignment of Corps Personnel.

PURPOSE(S):
    The purposes of this system of records are as follows:
    1. The IHS Scholarship Programs.
    (a) To select applicants for the IHS Scholarship Programs;
    (b) To monitor scholarship related activities, such as payment 
tracking, deferment and/or postponement of service obligations owed, 
placement, completion, default, and debt collection through national 
credit company subscription(s);
    (c) To select and match IHS scholarship recipients for qualified 
employment assignments with the following: IHS medical facilities, 
including but not limited to hospitals, health clinics and ambulatory 
stations; and any other programs authorized under 25 U.S.C. 1616a;
    (d) To monitor services provided by these IHS scholarship 
recipient/participant/obligated health care professionals;
    (e) To maintain records on and to verify individuals' credentials, 
educational background, prior and current performance history and data 
and previous and current employment and professional history 
information to verify and validate all claimed credentials are current, 
accurate, and in good standing;
    (f) To negotiate site assignments, and to recruit and retain health 
professionals for Indian Health programs. Portions of records from this 
system of records may be used by staff of the HHS/PSC; Division of 
Financial Operations(DFO), Debt Management, who maintain System No. 09-
40-0012, ``Debt Management and Collection Systems'' and System No. 09-
90-0024, ``Financial Transaction of HHS Accounting and Finance 
Offices'', for activities related to the participants' breach of 
contract including debt collection information provided to PSC staff 
includes, but may not be limited to the participants' personal 
identification, number of years of support in school while covered by 
an IHS scholarship contract, number of days served and still owed, and 
amount of funds expended and still owed;
    (g) To assist the IHS in determining eligibility for a partial or 
full waiver of the service obligation as provided for by statute; and
    (h) To assist Department of Health and Human Services (HHS), 
Program Support Center (PSC) and other government officials in the 
collection of any and all overdue debts owed under the IHS Scholarship 
Program.
    2. The IHS Loan Repayment Program.
    (a) To monitor loan repayment related activities including but not 
limited to service obligations, default and claims determinations;
    (b) To assure IHS loan repayment recipients match to a health care 
facility serving high priority health professional shortage areas or 
populations as outlined by current IHS scoring criteria policy and 
procedure, such as IHS medical facilities, including but not limited to 
hospitals, health clinics and ambulatory stations; and any other 
programs as required under 25 U.S.C. 1616a;
    (c) To monitor services provided by IHS loan repayment 
participants;
    (d) To maintain records on and to verify individuals' credentials 
and educational background;
    (e) To assist the IHS in determining eligibility for a partial or 
full waiver of the service obligation as provided for by statute; and
    (f) To assist PSC and other governmental officials in the 
collection of overdue debts owed under the IHS Loan Repayment Agreement 
Program.
    3. The IHS Grant Programs (Indians Into Nursing, Indians Into 
Medicine, and Indians Into Psychology).
    (a) To select applicants for the IHS grant programs;
    (b) To monitor grant related activities, such as payment tracking, 
deferment and/or postponement of service obligations owed, placement, 
completion, default, and debt collection through national credit 
company subscription(s);
    (c) To select and match IHS grant funds recipients for qualified 
employment assignments with the following: IHS medical facilities, 
including but not limited to hospitals,

[[Page 50224]]

health clinics and ambulatory stations; and any other programs 
authorized under 25 U.S.C. 1616a;
    (d) To monitor services provided by these IHS grant fund recipient/
participant/obligated health care professionals;
    (e) To maintain records on and to verify individuals' credentials, 
educational background, prior and current performance history and data 
and previous and current employment and professional history 
information to verify and validate all claimed credentials are current, 
accurate, and in good standing;
    (f) To negotiate site assignments, and to recruit and retain health 
professionals for Indian Health programs. Portions of records from this 
system of records may be used by staff of the HHS/PSC; Division of 
Financial Operations (DFO), Debt Management, who maintain System No. 
09-40-0012, ``Debt Management and Collection Systems'' and System No. 
09-90-0024, ``Financial Transaction of HHS Accounting and Finance 
Offices'', for activities related to the participants' breach of 
contract including debt collection information provided to PSC staff 
includes, but may not be limited to the participants' personal 
identification, number of years of support in school while covered by 
an IHS scholarship contract, number of days served and still owed, and 
amount of funds expended and still owed;
    (g) To assist the IHS in determining eligibility for a partial or 
full waiver of the service obligation as provided for by statute; and
    (h) To assist Department of Health and Human Services (HHS), 
Program Support Center (PSC) and other government officials in the 
collection of any and all overdue debts owed under the IHS grant 
programs.
    3. The IHS Health Professions Support Branch.
    (a) To negotiate site assignments, and recruit and retain health 
professionals for Indian Health programs. Portions of records from this 
system of records may be used by staff of the HHS/PSC; Division of 
Financial Operations (DFO), Debt Management, who maintain System No. 
09-40-0012, ``Debt Management and Collection Systems'' and System No. 
09-90-0024, ``Financial Transaction of HHS Accounting and Finance 
Offices'', for activities related to the participants' breach of 
contract including debt collection information provided to PSC staff 
includes, but may not be limited to the participants' personal 
identification, number of days served and still owed, and amount of 
funds expended and still owed.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. IHS may disclose records to a congressional office in response 
to a verified inquiry from the congressional office made at the written 
request of the subject individual.
    2. Records may be disclosed to authorized persons employed by the 
grantee institution (the educational institution which the recipient of 
a scholarship or grant is attending as needed for the administration of 
a scholarship or grant award.
    3. Records may be disclosed to other Federal or State agencies that 
also provide scholarships, loan repayment or grant funding at the 
request of these agencies to detect or curtail fraud and abuse in 
Federal programs, and to collect delinquent loans or benefit payments 
owed to the Federal Government.
    4. IHS may disclose information from these records in litigations 
and/or proceedings related to an administrative claim when:
    (a) IHS has determined that the use of such records is relevant and 
necessary to the litigation and/or proceedings related to an 
administrative claim and would help in the effective representation of 
the affected party listed in subsections (i) through (iv) below, and 
that such disclosure is compatible with the purpose for which the 
records were collected. Such disclosure may be made to the Department 
of Justice (DOJ) when any of the following is a party to litigation 
and/or proceedings related to an administrative claim or has an 
interest in the litigation and/or proceedings related to an 
administrative claim:
    (i) HHS or any component thereof; or
    (ii) Any HHS employee in his or her official capacity; or
    (iii) 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
    (iv) The United States or any agency thereof (other than HHS) where 
HHS/OGC has determined that the litigation and/or proceedings related 
to an administrative claim is likely to affect HHS or any of its 
components.
    (b) In the litigation and/or proceedings related to an 
administrative claim described in subsection (a) above, information 
from these records may be disclosed to a court or other tribunal, or to 
another party before such tribunal when such records are relevant and 
necessary to the litigation and such use by the court, tribunal, or 
other party is compatible with the purpose for which the agency 
collected the records.
    5. IHS may provide to any organization, program or facility 
administered under the authority of the IHCIA (Pub. L. 93-437) solely 
to provide health care services for the benefit of Indians, whether 
directly by our service; or by any Federally recognized Tribe under 
authority of the Indian Self Determination and Education Assistance Act 
(ISDEAA) (Pub. L. 93-638, as amended); a list of obligated recipients 
of scholarships, loan repayment or grants, and any relevant information 
pursuant to recruiting and retaining these individuals for the purpose 
of meeting the health care needs of the requesting organization, 
program, facility or the Federal recognized Tribe under IHCIA and 
ISDEAA.
    6. IHS may disclose records consisting of names, disciplines, 
current mailing addresses, e-mail address and dates of graduation of 
scholarship, loan repayment or grant recipients to designated 
coordinators at schools for the purpose of guiding and informing these 
recipients about the nature of their forthcoming professional service 
obligation.
    7. IHS may disclose records consisting of names of the IHS 
scholarship, loan repayment, and/or grant recipient, professional 
school he or she is attending, and the date of graduation to Indian 
health programs as defined by the IHCIA; health professions 
associations, other interested health professions groups and 
contractors and subcontractors which have responsibility for 
coordinating funds paid to students from Federal and other sources. 
Contractors and/or subcontractors are required to maintain Privacy Act 
safeguards with respect to such records.
    8. IHS may disclose records contained in this system of records to 
HHS contractors and subcontractors for the purpose of collecting, 
compiling, aggregating, analyzing, or refining records in the system. 
Contractors and/or subcontractors are required to maintain Privacy Act 
safeguards with respect to such records.
    9. IHS may disclose records contained in this system of records to 
HHS contractors and subcontractors for the purpose of recruiting, 
screening, and matching health/allied health professionals for 
assignment to or employment in a medical facility located in one of the 
options cited in sections 104(b)(3), 108(a)(2)(A), and/or 217(d) of the 
IHCIA. In addition, HHS contractors and subcontractors:
    (a) May disclose biographic data and information supplied by 
potential applicants;

[[Page 50225]]

    (i) To references listed on application and associated forms for 
the purpose of evaluating the applicant's professional qualifications, 
experience, and suitability, and
    (ii) To a State or local government medical 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.
    (b) May disclose biographic data and information supplied by 
references listed on application and associated forms to other 
references for the purpose of inquiring into the applicants' 
professional qualifications and suitability; and
    (c) May disclose professional suitability evaluation information to 
IHS officials, prospective employers, or to officials of prospective 
employers, or to site representatives, for the purpose of appraising 
the applicant's professional qualifications and suitability for site 
assignment or employment.
    Contractors and/or subcontractors are required to maintain Privacy 
Act safeguards with respect to such records.
    10. IHS may disclose records contained in this system of records to 
private parties such as present and former employers references listed 
on application and associated forms, other references, and education 
institutions. The purpose of such disclosures is to obtain information 
to evaluate an individuals' professional accomplishments, performance, 
and educational background, and to determine if an applicant is 
suitable for employment in/assignment to a medical facility located at 
one of the sites listed in sections 104(b)(3), 108(a)(2)(A), and/or 
217(d) of the IHCIA.
    11. IHS may disclose records contained in this system of records to 
other Federal agencies that also provide scholarship, educational loan 
repayment, or grant funding at the request of these Federal agencies in 
conjunction with a computer matching program conducted by these Federal 
agencies to detect or curtail fraud and abuse in Federal scholarship or 
educational loan repayment programs, and to collect delinquent loans or 
benefit payments owed to the Federal Government.
    12. IHS may disclose information from this system of records to a 
consumer reporting agency (credit bureau) to obtain an applicant or 
participant's commercial credit report for the following purposes: (1) 
To establish his or her credit worthiness; (2) to assess and verify his 
or her ability to repay debts owed to the Federal Government; (3) to 
determine and verify the eligibility of loans submitted for repayment; 
and to determine current contact information and mailing address.
    13. IHS may also disclose information from this system of records 
to the National Student Clearinghouse using the Loan Locator Internet 
System or similar system to assist in the verification loan data 
submitted by Loan Repayment Program (LRP) applicants. Disclosure are 
limited to the individual's name, address, and other information 
necessary to identify him or her; locate all student loans and verify 
payment addresses; identify the funding being sought or amount and 
status of the debt; and the program under which the applicant or claim 
is being processed.
    Disclosure to consumer reporting agencies: Disclosures pursuant to 
5 U.S.C. 552a(b)(12): Disclosures may be made from this system to 
``consumer reporting agencies'' as defined in the Fair Credit Reporting 
Act (15 U.S.C. 158a(f)) or the Federal Claims Collection Act of 1966 
(31 U.S.C. 3701(a)(3)). The purposes of these disclosures are: (1) To 
provide an incentive for debtors to repay delinquent Federal Government 
debts by making these debts part of their credit records, and (2) to 
enable PHS agencies to improve the quality of loan, scholarship and 
grant decisions by taking into account the financial reliability of 
applicants. Disclosure of records will be limited to the individual's 
name, and other information necessary to establish the identity of the 
individual, the amount, status, and history of the claim, and the 
agency or program under which the claim arose.
    14. IHS may disclose from this system of records a delinquent 
debtor's or a defaulting participant's name, address, and other 
relevant information necessary to identify him or her; the amount, 
status, and the history of the claim, and the agency or program under 
which the claim arose, as follows:
    (a) To any Federal agency to effect a salary offset for debts owed 
by Federal employees; if the claim arose under Social Security Act, and 
the employee must have agreed in writing to the salary offset with the 
supporting document from the requesting Federal agency.
    (b) To any Federal agency to effect authorized administrative 
offset; i.e., withhold money, other than Federal salaries, payable to 
or held on behalf of the individual that is court ordered and/or in 
accordance with a specific law/mandate.
    (c) To the Treasury Department, Internal Revenue Service (IRS), to 
request an individual's current mailing address to locate him or her 
for purposes of either collecting or compromising a debt or to pay a 
commercial credit report prepared.
    15. IHS may disclose to debt collection agents, other Federal 
agencies, and other third parties who are authorized to collect a 
Federal debt, information necessary to identify a delinquent debtor or 
a defaulting participant. Disclosure will be limited to the 
individual's name, address, and other information necessary to identify 
him or her; the amount, status, and history of the claim, and the 
agency or program under which the claim arose.
    16. IHS may disclose to the IRS information about an individual 
applying for the IHS loan repayment, scholarship or grant program 
authorized by the Public Health Service Act to find out whether the 
applicant has a delinquent tax account. This disclosure is for the sole 
purpose of determining the applicant's creditworthiness and is limited 
to the individuals' name, address, and other relevant information 
necessary to identify him or her, and the program for which the 
information is being obtained.
    17. IHS may report to the IRS, as taxable income, the written-off 
amount of a debt owed by an individual to the Federal Government when a 
debt becomes partly or wholly uncollectible, either because the time 
period for collection under statute or regulations has expired, or 
because the Government agrees with the individual to forgive or 
compromise the debt.
    18. IHS may disclose from this system of records to the Department 
of Treasury, IRS: (1) A delinquent debtor's or a defaulting 
participant's name, address, and other relevant information necessary 
to identify the individual; (2) the amount of the debt; and (3) the 
program under which the debt arose, so that the IRS can offset against 
the debt any income tax refunds which may be due to the individual.
    19. IHS may disclose information provided by the lender or 
education institution to other Federal agencies, debt collection 
agents, and other third parties who are authorized to collect a Federal 
debt. The purpose of this disclosure is to identify an individual who 
is delinquent in loan or benefit payments owed to the Federal 
Government and the nature of the debt.
    20. 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

[[Page 50226]]

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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in paper format (i.e., file folders), and in 
computerized and electronic format (i.e., forms, database(s), etc.).

RETRIEVABILITY:
    Records which identify individual persons are indexed by name or 
assigned identification number of scholarship, loan repayment or grant 
applicant or recipient.

SAFEGUARDS:
    1. Authorized users: Access is limited only to authorized personnel 
in the performance of their duties. Authorized personnel includes and 
is limited to: The system manager, his or her staff, IHS Area Office 
Scholarship or IHS Loan Repayment Coordinators or grant project 
officers, IHS Headquarters Branch and Division Chiefs while acting as 
advisors to scholarship or IHS loan repayment or grant recipients, IHS 
and PSC debt management staff for activities related to the 
participants' breach of contract including debt collection.
    2. Physical safeguards: Paper records are stored in locked file 
cabinets or file room. The records storage areas are secured during 
off-duty hours. Electronic records are stored in areas where fire and 
life safety codes are strictly enforced. Any and all records pertaining 
to IHS Scholarship, Loan Repayment and grant program databases are to 
be enforced by the current Security Guidelines provided by HHS/IHS. All 
automated and non-automated documents are protected during lunch hours 
and nonworking hours in locked file cabinets or locked storage areas. 
The Automated Data Processing remote stations are locked during non-
standard working hours. Twenty-four hour, 7-day security guards perform 
random checks on the physical security of the data and the storage 
areas. Backup files are maintained in an off-site facility with 
controlled entrances and exits.
    3. Procedural safeguards: All IHS personnel who make use of records 
contained in this system are made aware of their responsibilities under 
the provisions of the Privacy Act and are required to maintain Privacy 
Act safeguards with respect to such records. The records storage areas 
are not left unattended during office hours, including lunch hours. 
Records are not removed from these areas in which they are maintained 
in the absence of proper charge-out procedures. Twenty-four hour, 
seven-day security guards perform random checks on the physical 
security of all records storage areas. A data set name controls the 
release of data to only authorized users. When copying records for 
authorized purposes, care is taken to ensure that any imperfect pages 
are not left in the reproduction room where they can be read, but are 
destroyed or obliterated.

RETENTION AND DISPOSAL:
    1. Scholarship applications of individuals not selected for 
participation in the program are retained for 1 full year, and then 
destroyed by shredding. Applications, contracts, and other records of 
IHS scholarship recipients are retained through the completion or other 
disposition of the scholarship service obligation, then sent to the 
Federal Records Center (FRC) for an additional 15-year retention period 
and destroyed in accordance with FRC disposal standards. Automated 
historical tapes are sent to a FRC and the initial records are 
destroyed in accordance with IHS Records Control Schedule.
    The records for the scholarship applicants, who are not obligated 
to the IHS, are destroyed 6 years and 3 months after final payment, or 
upon resolution of any adverse audit findings, whichever is later.
    2. Loan repayment applications of individuals not selected for 
participation in the program are retained until the end of the fiscal 
year. Loan repayment applications, upon notification, are applied to 
the loan repayment cycle of the following fiscal year. The records for 
the loan repayment participants are destroyed 6 to 10 years after the 
final payment, or upon resolution of any adverse audit findings, 
whichever is later.
    Records are transferred to the FRC 2 years after final repayment or 
when closed, for 4 years, and are then subsequently disposed of in 
accordance with the IHS Records Disposition Schedule. The IHS Records 
Disposition Schedule regulations for these records may be obtained by 
writing to the System Manager(s) at the address listed below.
    3. Applications, contracts, and other records of IHS grant 
recipients are retained through the completion or other disposition of 
the service obligation, then sent to the Federal Records Center (FRC) 
for an additional 15-year retention period and destroyed in accordance 
with FRC disposal standards. Automated historical tapes are sent to a 
FRC and the initial records are destroyed in accordance with IHS 
Records Control Schedule.

SYSTEM MANAGER(S) AND ADDRESS:
POLICY COORDINATING OFFICIAL(S):
    Director, Division of Health Professions Support, Office of Public 
Health Support, Indian Health Service, 12300 Twinbrook Parkway, Suite 
450A, Rockville, Maryland 20852.
    Director, Division of Grants Operations, Office of Management 
Services, Indian Health Service, 12300 Twinbrook Parkway, Suite 360, 
Rockville, Maryland 20852.
    Chief, Scholarship Branch, Division of Health Professions Support, 
Office of Public Health Support, Indian Health Service, 12300 Twinbrook 
Parkway, Suite 450A, Rockville, Maryland 20852.
    Chief, Loan Repayment Branch, Division of Health Professions 
Support, Office of Public Health Support, Indian Health Service, 12300 
Twinbrook Parkway, Suite 450A, Rockville, Maryland 20852.

NOTIFICATION PROCEDURES:
    Requests in person: A subject individual who appears in person at a 
specific location seeking access to or disclosure of records relating 
to him or her shall provide his or her name, current address, Grant 
Identification Number, last four digits of their SSN or other 
identification numbers, dates of enrollment in the IHS scholarship, 
loan repayment or grant 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. 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 or she is the individual who he 
or she claims to be and that he or 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 dollar 
fine.
    Requests by mail: A written request must contain the name and 
address of the requestor, last 4 digits of their respective SSN and/or 
signature which is either notarized to verify his or her identity or 
includes a written certification that the requestor is the person he or 
she claims to be and that

[[Page 50227]]

he or 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 dollar fine. In 
addition, the following information is needed: Dates of enrollment in 
the IHS scholarship program, IHS Loan Repayment program, or grant 
program and current enrollment status, such as pending application 
approval, deferment or service obligation, or shortage area placement.
    Requests by facsimile: A written request must contain the name and 
address of the requestor, last 4 digits of their respective SSN and/or 
signature. In addition, the following information is needed: Dates of 
enrollment in the IHS Scholarship Program, IHS Loan Repayment Program, 
or grant program and current enrollment status, such as pending 
application approval, deferment or service obligation, or shortage area 
placement. The IHS Scholarship, Loan Repayment or grant program will 
authorize transmission and reception of all faxed information only if 
the fax coversheets contain the following Confidentiality Statement or 
a similar standard procedural statement for liability purposes:

    THIS FAX IS INTENDED ONLY FOR THE USE OF THE PERSON OR OFFICE TO 
WHOM IT IS ADDRESSED, AND CONTAINS PRIVILEGED OR CONFIDENTIAL 
INFORMATION PROTECTED BY LAW. ALL RECIPIENTS ARE HEREBY NOTIFIED 
THAT INADVERTENT OR UNAUTHORIZED RECEIPT DOES NOT WAIVE SUCH 
PRIVILEGE, AND THAT UNAUTHORIZED DISSEMINATION, DISTRIBUTION, OR 
COPYING OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED 
THIS FAX IN ERROR, PLEASE DESTROY THE ATTACHED DOCUMENT(S) AND 
NOTIFY THE SENDER OF THE ERROR BY CALLING.

    Requests by telephone: Since positive identification of the caller 
cannot be established, telephone requests are not honored; the caller 
is asked to submit his or her request in writing.
    Requests by electronic mail: Since positive identification of the 
requestor cannot be established, and the electronic transmission of 
personal identifiers is not encrypted, the security safeguards is not 
guaranteed from an unauthorized disclosure, so electronic mail requests 
are not honored and will be deleted from the IHS e-mail system; the 
computer user is asked to submit his or her request in writing and/or 
by facsimile transmission.
    Record access procedures: Same as notification procedures. 
Requesters should also provide a reasonable description of the record 
being sought. Requesters may also request an accounting of disclosures 
that have been made of their record, if any.
    Contesting record procedures: Contact the Policy Coordinating 
Official(s), provide a reasonable description of the record, and 
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: Information will be collected from the 
following sources: Educational institutions attended; internship and/or 
residency training progress reports; IHS site selection questionnaires; 
IHS Scholarship, Loan Repayment or grant applicants; Indian health 
programs human resources department; financial institutions from which 
these applicants have obtained educational loans; Bureau of Health 
Professions Area Resources File tapes; health professional 
associations; HHS contractors/subcontractors; consumer reporting 
agencies/credit bureaus; lending institutions; PHS Commissioned 
Personnel Operations Division and U.S. Office of Personnel Operations 
Division and U.S. Office of Personnel Management personnel records; 
other Federal agencies, including but not limited to the Department of 
Treasury, the IRS, and the U.S. Postal Service; State or local 
government medical 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. E9-23569 Filed 9-29-09; 8:45 am]
BILLING CODE 4165-16-P


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