[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Notices]
[Pages 5606-5608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2242]


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

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).

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

SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, the Health Resources and Services Administration (HRSA) is 
proposing to alter Campus Based Branch (CBB) loans and scholarships 
System of Records (SORN), 09-15-0069, at the Division of Student Loans 
and Scholarships (DSLS). The system includes information on student and 
faculty borrowers who participate/participated in CBB loan and 
scholarship programs. The records in this system will be used to 
provide support to CBB in monitoring its programs, in order to ensure 
the efficiency of the factual information in reports and documents, and 
to archive the documents for efficient access and verification. The 
purpose of this proposed alteration is to include breach notification 
language required by Memoranda (M) 07-16, Safeguarding Against and 
Responding to the Breach of Personally Identifiable Information, 
released on May 22, 2007 by OMB; change the location of records; update 
the categories of records in the system; update the policies and 
practices for storing, retrieving, accessing, retaining and disposing 
of records in the system; update the notification procedures, 
contesting record procedures and the record sources categories.

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 1/19/2010. To ensure all parties have 
adequate time in which to comment, the altered system, including the 
routine use, will be 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 Bureau of Health Professions, 
Health Resources and Services Administration, 5600 Fishers Lane, Room 
9-05, Rockville, Maryland 20857; Telephone (301) 443-5796. This is not 
a toll-free number. 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: Director, Division of Student Loans 
and Scholarships, Bureau of Health Professions, Health Resources and 
Services Administration, Department of Health and Human Services, 5600 
Fishers Lane, Room 9-105, Rockville, MD 20857; Telephone (301) 443-
5452. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: The Health Resources and Services 
Administration proposes to establish an altered system of records: 
``Campus Based Branch Program Document Management System (DMS), HHS/
HRSA/BHPr,'' for recipients of CBB loans and scholarships, at the DSLS. 
The purpose of this proposed altered SORN is to add an additional 
breach

[[Page 5607]]

response routine use required by OMB guidance; change the location of 
records from Room 8-42 to 9-105; update the categories of records in 
the system to delete collection of future Social Security numbers; 
update the policies and practices for storing, retrieving, accessing, 
retaining and disposing of records in the system to add contractor 
involvement; update the notification procedures to correct request 
procedures, contesting record procedures to update new address and the 
record sources categories to delete disability claims from category. 
This system includes information on student and faculty borrowers who 
participate/participated in CBB loan and scholarship programs.

    Dated: November 30, 2009.
Mary K. Wakefield,
Administrator.
SYSTEM OF RECORD NUMBER

09-15-0069

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

Security Classification:
    None.

System Location:
    The Division of Student Loans and Scholarships of the Bureau of 
Health Professions (BHPr), Health Resources and Services Administration 
(HRSA), Department of Health and Human Services (HHS). Records are 
located at 5600 Fishers Lane, Room 9-105, Rockville, MD 20857.

Categories of individual covered by the system:
    Student and faculty borrowers who participate/participated in CBB 
loan and scholarship programs.

Categories of records in the system:
    The system includes materials such as:
    1. Names, addresses, phone numbers, financial information, and 
social security numbers of borrowers.
    2. Annual Operating Reports that contain financial information from 
institutions, including aggregate amounts of loans disbursed, collected 
and retired.
    3. Performance reports on the aggregate number of borrowers, their 
classification in race/ethnicity categories, and whether they are 
practicing in primary care.
    4. Contact information of financial aid officers that include name, 
title, school address and direct phone number.
    5. Correspondence from the financial aid officers regarding issues 
with specific borrowers. The majority of these correspondences only 
indicate the borrower's name and/or amount borrowed.
    6. Correspondence from borrowers on specific issues on CBB programs 
or the school that administers the programs. These correspondences may 
include the borrower's name, address and phone number.
    7. Case reports from educational institutions on borrowers for whom 
the school is claiming an uncollectible debt. The documents contained 
in these case reports may include name, address, financial income 
information, medical records and social security numbers.
    8. Any other correspondence or documentation related to general or 
specific issues regarding CBB programs at institutions or borrowers who 
participate in CBB programs.

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

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

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

[[Page 5608]]

collection of health professions or nursing student loan funds, to 
locate the defaulted borrower to collect the loan. Any school which 
requests and obtains this address information must comply with the 
requirements of HRSA and the IRS regarding the safeguarding and proper 
handling of this information.
    6. 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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained in the DMS or in file folders and/or 
computer data files.

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

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

Retention and disposal:
    HRSA is working with the Records Officer and NARA to obtain the 
appropriate retention value.

System manager(s) and address:
    Director, Division of Student Loans and Scholarships, Bureau of 
Health Professions, Health Resources and Services Administration, 
Department of Health and Human Services, 5600 Fishers Lane, Room 9-105, 
Rockville, Maryland 20857.

Notification procedure:
    Requests concerning whether the system contains records about you 
should be made to the Systems Manager. When requesting notification of 
or access to records covered by this Notice, an individual must provide 
his/her full name, date of birth, and other proof of identity as 
required for Privacy Requests.
    <bullet> Request in person: A subject individual who appears in 
person at a specific location seeking access or disclosure of records 
relating to him/her shall provide his/her name, current address, and at 
least one piece of tangible identification such as driver's license, 
passport, voter registration card, or union card. Identification papers 
with current photographs are preferred but not required. Additional 
identification may be requested when there is a request for access to 
records which contain an apparent discrepancy between information 
contained in the records and that provided by the individual requesting 
access to the records. Where the subject individual has no 
identification papers, the responsible agency official shall require 
that the subject individual certify in writing that he/she is the 
individual who he/she claims to be and that he/she understands that the 
knowing and willful request or acquisition of a record concerning an 
individual under false pretenses is a criminal offense subject to a 
$5,000 fine.
    <bullet> Requests by telephone: Because positive identification of 
the caller cannot be established, no requests by telephone will be 
honored.
    <bullet> Requests by mail: A written request must contain the name 
and address of the requester, and his/her signature which is either 
notarized to verify his/her identify 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.

Contesting record procedures:
    Any record subject may contest the accuracy of information on file 
at CBB by writing to the Director, Division of Student Loans and 
Scholarships, Bureau of Health Professions, Health Resources and 
Services Administration, Department of Health and Human Services, 5600 
Fishers Lane, Room 9-105, Rockville, Maryland 20857. The request should 
contain a reasonable description of the record, specify the information 
being contested, the corrective action sought, and the reasons for 
requesting the correction, along with supporting information to show 
how the record is inaccurate, incomplete, untimely or irrelevant.

Record source categories:
    1. Educational institutions participating in CBB programs.
    2. Financial aid officers administering CBB programs.
    3. Student borrowers and recipients participating in CBB programs.
    4. Borrowers submitted for uncollectible debt write-offs.

Systems exempted from certain provisions of the act:
    None.

[FR Doc. 2010-2242 Filed 2-2-10; 8:45 am]
BILLING CODE 4160-15-P