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System
name: Health Education Assistance Loan
Program (HEAL) Loan Control Master File, HHS/HRSA/BHPr.
Security classification:
None.
System location:
- Division of Health Careers Diversity and Development, Bureau of Health Professions,
Health Resources and Services Administration,
Room 8-37, Parklawn Building, 5600 Fishers
Lane, Rockville, MD 20857.
- Records are also located
at contractor sites. A list of contractor
sites where individually identifiable data
are currently located is available upon request
to the System Manager.
- Washington National Records
Center, 4205 Suitland Road, Suitland, MD 20409.
Categories of individuals
covered by the system: Recipients of Health Education Assistance
Loans.
Categories of records
in the system: Contains name, social
security number or other identifying number,
birth date, demographic background, educational
status, loan location and status, and financial
information about the individual for whom the
record is maintained. Contains lender and school
identification.
Authority for maintenance
of the system: Sections 701 and 702
of the Public Health Service Act, as amended
(42 U.S.C. 292), which authorize the establishment
of a Federal program of student loan insurance;
Section 715 of the Public Health Service Act,
as amended (42 U.S.C. 292n), which directs the
Secretary to require institutions to provide
information for each student who has a loan;
Debt Collection Act of 1982 (5 U.S.C. 5514 note);
and Section 222 of the Health Professions Training
Assistant Act of 1985 (50 U.S.C. App. 462 note),
which provides for a study on compliance with
the Selective Service Act;
Purpose(s): Purpose
of this system is
-
to identify students participating in the
HEAL Program;
- to
monitor the loan status of HEAL recipients,
which includes the collection of overdue debts
owed under the HEAL Program; and
-
to compile and generate managerial and statistical
reports.
Routine uses of records
maintained in the system, including categories
of users and the purposes of such uses:
- Disclosure
may be made to Federal, State, or local agencies,
to private parties such as relatives, presentand
former employers, business and personal associates,
educational and financial institutions, and
collection agencies. The purpose of such disclosures
is to verify the identity of the loan applicant,
to determine program eligibility and benefits,
to enforce the conditions or terms of the
loan, to counsel the borrower in repayment
efforts, to investigate possible fraud and
abuse, to verify compliance with program regulations,
and to locate delinquent borrowers through
preclaims assistance. Information may be disclosed
to educational or financial institutions to
assist them in loan management.
- Disclosure may be made
to a Congressional office from the record
of an individual in response to an inquiry
from the Congressional office made at the
request of that individual.
- The Department of Health
and Human Services (HHS) may disclose information
from this system of records to the Department
of Justice, or to a court or other tribunal,
when (a) HHS, or any component thereof; or
(b) Any HHS employee in his or her official
capacity; or (c) Any HHS employee in his or
her individual capacity where the Department
of Justice (or HHS, where it is authorized
to do so) has agreed to represent the employee;
or (d) The United States or any agency thereof
where HHS determines that the litigation is
likely to affect HHS or any of its components,
is a party to litigation or has an interest
in such litigation, and HHS determines that
the use of such records by the Department
of Justice, the court or other tribunal is
relevant and necessary to the litigation and
would help in the effective representation
of the governmental party, provided, however,
that in each case, HHS determines that such
disclosure is compatible with the purpose
for which the records were collected.
- In the event that a system
of records maintained by this agency to carry
out its functions indicates a violation or
potential violation of law, whether civil,
criminal, or regulatory in nature, and whether
arising by general statute or particular program
statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in
the system of records may be referred to the
appropriate agency, whether Federal, State
or local, charged with enforcing or implementing
the statute or any rule, regulation or order
issued pursuant thereto.
- HRSA will disclose from
this system of records a delinquent debtor’s
name, address, Social Security number, and
other information necessary to identify him/her;
the amount, status, and history of the claim,
and the agency or program under which the
claim arose, as follows: a. To another Federal
agency so that agency can effect a salary
offset for debts owed by Federal employees;
if the claim arose under the Social Security
Act, the employee must have agreed in writing
to the salary offset. b. To another Federal
agency so that agency can effect an authorized
administrative offset; i.e., withhold money
payable to or held on behalf of debtors other
than Federal employees. c. To the Treasury
Department, Internal Revenue Service (IRS),
to request a debtor’s current mailing
address to locate him/her for purposes of
either collecting or compromising a debt,
or to have a commercial credit report prepared.
- Records may be disclosed
to the General Accounting Office and to the
Office of Management and Budget for auditing
financial obligations to determine compliance
with programmatic, statutory, and regulatory
provisions.
- HRSA may disclose information
from this system of records to a consumer
reporting agency (credit bureau) to obtain
a commercial credit report for the following
purposes: a. To establish creditworthiness
of a loan applicant; and b. To assess and
verify the ability of a debtor to repay debts
owed to the Federal Government. Disclosures
are limited to the individual’s name,
address, Social Security number and other
information necessary to identify him/her;
the funding being sought or amount and status
of the debt; and the program under which the
application or claim is being processed.
- HRSA may disclose to the
Treasury Department, Internal Revenue Service
(IRS), information about an individual applying
for a loan under any loan program authorized
by the Public Health Service Act to find out
whether the loan applicant has a delinquent
tax account. This disclosure is for the sole
purpose of determining the applicant’s
creditworthiness and is limited to the individual’s
name, address, Social Security number; other
information necessary to identify him/her,
and the program for which the information
is being obtained.
- HP.SA will report to the
Treasury Department, Internal Revenue Service
(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 the statute
of limitations has expired, or because the
Government agrees with the individual to forgive
or compromise the debt.
- HRSA will disclose to debt
collection agents, other Federal agencies,
and other third parties who are authorized
to collect a Federal debt, information necessary
to identify a delinquent debtor. Disclosure
will be limited to the debtor’s name,
address, Social Security number, and other
information necessary to identify him/her;
the amount, status, and history of the claim,
and the agency or program under which the
claim arose.
- HRSA will disclose information
from this system of records to any third party
that may have information about a delinquent
debtor’s current address, such as a
U.S. post office, a consumer reporting agency
(credit bureau), a State motor vehicle administration,
a professional organization, an alumni association,
etc., for the purpose of obtaining the debtor’s
current address. This disclosure will be limited
to information necessary to identify the individual.
- Records may be disclosed
to the Director, Selective Service, for the
purpose of determining if draft eligible students
participating in the HEAL program are registrants
of the Military Selective Service System.
Disclosure will be limited to the eligible
student’s name and other information
necessary to determine if the individual is
a registrant of the Military Selective Service
System. The purpose of this disclosure will
result in aggregate data which HEAL program
managers will use to determine if health professions
schools are engaged in a pattern or practice
of not complying with the Military Selective
Service Act.
- Records may be disclosed
to Department contractors and subcontractors
for the purpose of assisting HEAL program
managers in collating, compiling, aggregating,
or analyzing records used in administering
the HEAL program. Contractors maintain, and
are also required to ensure that subcontractors
maintain, Privacy Act safeguards with respect
to the records.
- HRSA may disclose from
this system of records to the Department of
Treasury, Internal Revenue Service (IRS) :
(1) A delinquent debtor’s name, address,
Social Security number, and other necessary
information to identify the debtor; (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 debtor.
- HRSA may disclose the complete
loan file of defaulted HEAL recipients to
potential purchasers of HEAL loans to enable
them to value and price the loans, and to
actual purchasers to enable them to collect
the defaulted loans. The purpose of this disclosure
will be to facilitate the sale and collection
of defaulted HEAL loans. Potential purchasers
are required to maintain Privacy Act safeguards
with respect to the records.
- In accordance with the
directive in 42 U.S.C. 292(c) (1), the names
of HEAL borrowers who are in default will
be published in the Federal Register by city
and State along with the amounts of their
HEAL debts. The individual’s address
also may be published if the address is a
matter of public record as a result of legal
proceedings having been filed concerning the
individual’s HEAL debt.
- In accordance with the
directive in 42 U.S.C. 292h(c) (2), disclosure
may be made to relevant Federal agencies,
schools, school associations, professional
and specialty associations, State licensing
boards, hospitals with which a HEAL defaulter
may be associated and other similar organizations,
of a HEAL defaulter’s name, home and
business addresses, Social Security number,
and the amount, status and history of the
debt.
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. l58a(f)) or
the Federal Claims Collection Act of 1966 (31
U.S.C. 3701(a) (3)). The purposes of these disclosures
are:
- To provide an incentive
for debtors to repay delinquent Federal Government
debts by making these debts part of their
credit records, and
- To
enable HRSA to improve the quality of loan
and scholarship decisions by taking into account
the financial reliability of applicants. Disclosure
of records will be limited to the individual’s
name, Social Security number (SSN), and other
information necessary to establish the identity
of the individual, the amount, status, and
history of the claim, and the agency or program
under which the claim arose.
Policies and practices
for storing, retrieving, accessing, retaining,
and disposing of records in the system:
- Storage:
Records are maintained in file folders, magnetic
tape, and disc packs.
- Retrievability:
Social Security Number or other identifying
number.
-
Safeguards:
- Authorized
users: Access is limited to authorized
HEAL personnel and contractors responsible
for administering the HEAL program. Authorized
personnel include HEAL employees and officials,
financial and fiscal management personnel,
computer personnel, and program managers
who have responsibilities for implementing
the HEAL program.
-
Physical safeguards: Magnetic tapes, disc
packs, computer equipment and other forms
of personal data are stored in areas where
fire and life safety codes are strictly
enforced. All documents are protected
during lunch hours and nonworking hours
in locked file cabinets or locked storage
areas. Twenty-four hour, seven-day security
guards perform random checks on the physical
security of the records storage areas.
-
Procedural safeguards: A password is required
to access the terminal and a data set
name controls the release of data to only
authorized users. All users of personal
information in connection with the performance
of their jobs protect information from
public view and from unauthorized personnel
entering an unsupervised office. Access
to records is strictly limited to those
staff members trained in accordance with
the Privacy Act and ADP security procedures.
Contractors are required to maintain,
and are also required to ensure that subcontractors
maintain, confidentiality safeguards with
respect to these records. Contractors
and subcontractors are instructed to make
no further disclosure of the records except
as authorized by the System Manager and
permitted by the Privacy Act. All individuals
who have access to these records receive
the appropriate ADP security clearances.
HEAL personnel make site visits to ADP
facilities for the purpose of ensuring
that ADP security procedures continue
to be met. Privacy Act and ADP system
security requirements are specifically
included in contracts. The HRSA project
directors, project officers, and the System
Manager oversee compliance with these
requirements.
-
Implementing guidelines: The safeguards
described above were established in accordance
with DHHS Chapter 45-13 and supplementary
Chapter PHS.hf: 45-13 of the General Administration
Manual; and the DHHS Information Resources
Management Manual, Part 6, ADP Systems
Security.
Retention and disposal: Records
will be retained for 5 years after the loan
is repaid (1 year on site and 4 years at the
Federal Records Center). Stored computer data
is retained for aggregate purposes and then
destroyed.
System manager(s) and address:
-
Associate Director, Health Education Assistance
Loan Program, Division of Health Careers Diversity and Development,
Bureau of Health Professions, Health Resources
and Services Administration, 5600 Fishers
Lane, Room 8-37, Rockville, MD 20857.
Notification procedure: To
find out if the system contains records about
you contact the System Manager.
Requests in person: A subject
individual who appears in person at a specific
location seeking access or disclosure of records
relating to him/her shall provide his/her name,
current address, and at least one piece of tangible
identification such as driver’s license,
passport, voter registration card, or union
card. Identification papers with current photographs
are preferred but not required. Additional identification
may be requested when there is a request for
access to records which contain an apparent
discrepancy between information contained in
the record and that provided by the individual
requesting access to the record. No verification
of identity shall be required where the record
is one which is required to be disclosed under
the Freedom of Information Act.
Requests by mail: Written requests
for information and/or access to records received
by mail must contain information providing the
identity of the writer and a reasonable description
of the record desired. Written requests must
contain the name and address of the requester,
his/her date of birth and at least one piece
of information which is also contained in the
subject record, and his/ her signature for comparison
purposes.
Requests by telephone: Since
positive identification of the caller cannot
be established, telephone requests are not honored.
Record access procedures: Same
as notification procedures. Requesters should
also provide a reasonable description of the
record being sought. Requesters may also request
an accounting of disclosures that have been
made of their records, if any.
Contesting record procedures: Contact
the System Manager, provide a reasonable description
of the record, specify the information being
contested, the corrective action sought, and
the reasons for requesting the correction, along
with supporting information to show how the
record is inaccurate, incomplete, untimely,
or irrelevant.
Record source categories: Individual
loan recipients, HEAL schools, lenders, and
holders of HEAL loans and their agents.
Systems exempted from certain provisions
of the act: None.
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