82 FR 7807 - Privacy Act of 1974; System of Records

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 13 (January 23, 2017)

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Chief Operating Officer for Federal Student Aid (FSA) of the U.S. Department of Education (the Department) publishes this notice to revise the system of records entitled ``Health Education Assistance Loan (HEAL) program'' (18-11-20). The Department publishes this notice to propose to revise programmatic routine use (18) (routine use (15) in the system of records notice published in the Federal Register on June 26, 2014 (79 FR 36299, 36301)) to include the Federal Register, and a Defaulted Borrowers Web site (should the Department elect to reestablish this or a similar Web site), as locations where the Department may publish the names of defaulted HEAL program borrowers (and any other fields the Department intends to publish, e.g., area of practice).

[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7807-7812]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01434]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2016-FSA-0011]


Privacy Act of 1974; System of Records

AGENCY: Federal Student Aid, Department of Education.

ACTION: Notice of an altered system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Chief Operating Officer for Federal Student Aid 
(FSA) of the U.S. Department of Education (the Department) publishes 
this notice to revise the system of records entitled ``Health Education 
Assistance Loan (HEAL) program'' (18-11-20).
    The Department publishes this notice to propose to revise 
programmatic routine use (18) (routine use (15) in the system of 
records notice published in the Federal Register on June 26, 2014 (79 
FR 36299, 36301)) to include the Federal Register, and a Defaulted 
Borrowers Web site (should the Department elect to reestablish this or 
a similar Web site), as locations where the Department may publish the 
names of defaulted HEAL program borrowers (and any other fields the 
Department intends to publish, e.g., area of practice).

DATES: Submit your comments on this altered system of records notice on 
or before February 22, 2017.
    The Department has filed a report describing the altered system of 
records covered by this notice with the Chair of the Senate Committee 
on Homeland Security and Governmental Affairs, the Chair of the House 
Committee on Oversight and Government Reform, and the Administrator of 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget (OMB) on January 6, 2017. This altered system of records 
will become effective on the later date of: (1) The expiration of the 
40-day period for OMB review on February 16, 2017, unless OMB waives 10 
days of the 40-day review period for compelling reasons shown by the 
Department; or (2) February 22, 2017, unless the altered system of 
records notice needs to be changed as a result of public comment or OMB 
review. The Department will publish any changes to the altered system 
of records notice that result from public comment or OMB review.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under the ``help'' tab.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about this altered system of records, 
address them to: Valerie Sherrer, Director, Systems Integration 
Division, Systems Operations and Aid Delivery Management Services, 
Business Operations, Federal Student Aid, U.S. Department of Education, 
830 First Street, NE., Union Center Plaza (UCP), room 44F1, Washington, 
DC 20202-5454.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will supply an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Valerie Sherrer, Director, Systems 
Integration Division, Systems Operations and Aid Delivery Management 
Services, Business Operations, Federal Student Aid, U.S. Department of 
Education, UCP, 830 First Street, NE., room 44F1, Washington, DC 20202-
5454. Telephone number: (202) 377-3547.

[[Page 7808]]

    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), you may call the Federal Relay Service (FRS), toll 
free, at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

Introduction

    Under division H, title V, section 525 of the Consolidated 
Appropriations Act, 2014 (Pub. L. 113-76) and title VII, part A, 
subpart I of the Public Health Service Act, the authority to administer 
the HEAL program, including servicing, collecting, and enforcing any 
loans made under the program that remain outstanding, was transferred 
from the Secretary of Health and Human Services to the Secretary of 
Education on July 1, 2014, the date of the enactment of the 
Consolidated Appropriations Act, 2014.
    The HEAL program system of records covers records for all 
activities that the Department carries out with regard to servicing, 
collecting, and enforcing Federal student loans made under title VII, 
part A, subpart I of the Public Health Service Act that remain 
outstanding. The HEAL program system also contains records of 
transactions performed by the Department to carry out the purposes of 
this system of records. The Privacy Act (5 U.S.C. 552a(e)(4) and (11)) 
requires Federal agencies to publish in the Federal Register this 
notice of an altered system of records. The Department's regulations 
implementing the Privacy Act are contained in part 5b of title 34 of 
the Code of Federal Regulations (CFR).
    The Privacy Act applies to records about individuals that contain 
individually identifying information and that are retrieved by a unique 
identifier associated with each individual, such as a name or Social 
Security number. The information about each individual is called a 
``record,'' and the system, whether manual or computer-based, is called 
a ``system of records.''
    Whenever the Department makes a significant change to an 
established system of records, the Privacy Act requires the Department 
to publish a notice of an altered system of records in the Federal 
Register and to prepare and send a report to the Chair of the Committee 
on Oversight and Government Reform of the House of Representatives, the 
Chair of the Committee on Homeland Security and Governmental Affairs of 
the Senate, and the Administrator of the Office of Information and 
Regulatory Affairs, OMB. These reports are intended to permit an 
evaluation of the probable effect of the proposal on the privacy rights 
of individuals.
    A change to a system of records is considered to be a significant 
change that must be reported whenever an agency expands the types or 
categories of information maintained, significantly expands the number, 
types, or categories of individuals about whom records are maintained, 
changes the purpose for which the information is used, changes the 
equipment configuration in a way that creates substantially greater 
access to the records, or adds a routine use disclosure to the system.
    The Department of Education previously published the HEAL program 
system of records in the Federal Register on June 26, 2014 (79 FR 
36299). This notice will revise programmatic routine use (18) (formerly 
routine use (15)) to include the Federal Register, and a Defaulted 
Borrowers Web site, should the Department elect to reestablish this or 
a similar Web site, as locations where the Department may publish the 
names of defaulted HEAL program borrowers (and any other fields the 
Department intends to publish, e.g., area of practice). Former 
programmatic routine use (15) included only the Defaulted Borrowers Web 
site as the location for this information to be published.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.thefederalregister.org/fdsys. At this site you can view this document, as well 
as all other documents of the Department published in the Federal 
Register, in text or Portable Document Format (PDF). To use PDF you 
must have Adobe Acrobat Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: January 17, 2017.
James W. Runcie,
Chief Operating Officer, Federal Student Aid.

For the reasons discussed in the preamble, the Chief Operating 
Officer of Federal Student Aid (FSA), U.S. Department of Education 
(Department or ED), publishes a notice of an altered system of 
records to read as follows:

SYSTEM NUMBER:
    18-11-20

SYSTEM NAME:
    Health Education Assistance Loan (HEAL) program.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Office of Information Technology Parklawn Data Center, Health 
Resources and Services Administration, U.S. Department of Health and 
Human Services (HHS), 5600 Fishers Lane, Room 9-105, Rockville, MD 
20857 (HEAL program data center).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The HEAL program system covers recipients of HEAL program loans 
that remain outstanding. This system also contains records on HEAL 
program loans that are paid in full.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Each HEAL recipient record contains the borrower's name, contact 
information (such as email address and telephone number), area of 
practice, Social Security number (SSN) 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. Each loan record contains lender and school 
identification information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The authority for maintenance of the system includes sections 701 
and 702 of the Public Health Service Act, as amended (PHS Act) (42 
U.S.C. 292 and 292a), which authorize the establishment of a Federal 
program of student loan insurance; section 715 of the PHS Act (42 
U.S.C. 292n), which directs the Secretary of Education to require 
institutions to provide information for each student who has a loan; 
section 709(c) of the PHS Act (42 U.S.C. 292h(c)), which authorizes 
disclosure and publication of HEAL defaulters; the Debt Collection 
Improvement Act (31 U.S.C. 3701 and 3711-3720E); and the Consolidated 
Appropriations Act, 2014, Div. H, title V, section 525 of Public Law 
113-76, which transferred the authority to administer the HEAL program 
from the Secretary of HHS to the Secretary of Education.

[[Page 7809]]

PURPOSES:
    The information maintained in this system of records is used for 
the following purposes:
    (1) To verify the identity of an individual;
    (2) To determine program benefits;
    (3) To enforce the conditions or terms of a loan;
    (4) To service, collect, assign, adjust, transfer, refer, or 
discharge a loan;
    (5) To counsel a debtor in repayment efforts;
    (6) To investigate possible fraud or abuse or verify compliance 
with program regulations;
    (7) To locate a delinquent or defaulted borrower or an individual 
obligated to repay a loan;
    (8) To prepare a debt for litigation, provide support services for 
litigation on a debt, litigate a debt, or audit the results of 
litigation on a debt;
    (9) To prepare for, conduct, enforce, or assist in the conduct or 
enforcement of a Medicare Exclusion of the individual in default on a 
HEAL loan;
    (10) To ensure that program requirements are met by HEAL program 
participants;
    (11) To verify whether a debt qualifies for discharge, 
cancellation, or forgiveness;
    (12) To conduct credit checks or respond to inquiries or disputes 
arising from information on the debt already furnished to a credit-
reporting agency;
    (13) To investigate complaints, update information, or correct 
errors contained in Department records;
    (14) To refund credit balances to the individual or loan holder;
    (15) To allow HEAL program participants to report information to 
the Department on all aspects of HEAL loans in uniform formats;
    (16) To report to the Internal Revenue Service (IRS) information 
required by law to be reported, including, but not limited to, reports 
required by 26 U.S.C. 6050P and 6050S;
    (17) To compile and generate managerial and statistical reports; 
and
    (18) To carry out the statutory requirement to compile and publish 
a list of the HEAL program borrowers who are in default.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The Department may disclose information contained in a record in 
this system of records under the routine uses listed in this system of 
records without the consent of the individual if the disclosure is 
compatible with the purposes for which the information in the record 
was collected. These disclosures may be made on a case-by-case basis, 
or, if the Department has complied with the computer matching 
requirements of the Privacy Act of 1974, as amended (Privacy Act), 
under a computer matching agreement. Return information that the 
Department obtains from the Internal Revenue Service (IRS) (i.e., 
taxpayer mailing address) under the authority in 26 U.S.C. 6103(m)(2) 
or (m)(4) may be disclosed only as authorized by 26 U.S.C. 6103.
    (1) Program Disclosures. The Department may disclose records for 
the following program purposes:
    (a) To verify the identity of the individual whom records indicate 
has received the loan, disclosures may be made to HEAL program 
participants, and their authorized representatives; Federal, State, or 
local agencies, and their authorized representatives; private parties, 
such as relatives, business and personal associates; educational and 
financial institutions; present and former employers; collection 
agencies; creditors; consumer reporting agencies; adjudicative bodies; 
and the individual whom the records identify as the party obligated to 
repay the debt;
    (b) To determine program benefits, disclosures may be made to HEAL 
program participants, and their authorized representatives; Federal, 
State, or local agencies, and their authorized representatives; private 
parties, such as relatives, business and personal associates; 
educational and financial institutions; present and former employers; 
to creditors; consumer reporting agencies; and adjudicative bodies;
    (c) To enforce the conditions or terms of the loan, disclosures may 
be made to HEAL program participants; educational and financial 
institutions, and their authorized representatives; Federal, State, or 
local agencies, and their authorized representatives; private parties, 
such as relatives, business and personal associates, and present and 
former employers; creditors; consumer reporting agencies; and 
adjudicative bodies;
    (d) To permit servicing, collecting, assigning, adjusting, 
transferring, referring, or discharging a loan, disclosures may be made 
to HEAL program participants; educational institutions, or financial 
institutions that made, held, serviced, or have been assigned the debt, 
and their authorized representatives; a party identified by the debtor 
as willing to advance funds to repay the debt; Federal, State, or local 
agencies, and their authorized representatives; private parties, such 
as relatives, business and personal associates, and present and former 
employers; creditors; consumer reporting agencies; and adjudicative 
bodies;
    (e) To counsel a debtor in repayment efforts, disclosures may be 
made to HEAL program participants; educational and financial 
institutions, and their authorized representatives; and Federal, State, 
or local agencies, and their authorized representatives;
    (f) To investigate possible fraud or abuse or verify compliance 
with any applicable statutory, regulatory, or legally binding 
requirement, disclosures may be made to HEAL program participants; 
educational and financial institutions, and their authorized 
representatives; Federal, State, or local agencies, and their 
authorized representatives; private parties, such as relatives, present 
and former employers, and business and personal associates; creditors; 
consumer reporting agencies; and adjudicative bodies;
    (g) To locate a delinquent or defaulted borrower, or an individual 
obligated to repay a loan, disclosures may be made to HEAL program 
participants; educational and financial institutions, and their 
authorized representatives; Federal, State, or local agencies, and 
their authorized representatives; private parties, such as relatives, 
business and personal associates, and present and former employers; 
creditors; consumer reporting agencies; and adjudicative bodies;
    (h) To prepare a debt for litigation, to provide support services 
for litigation on a debt, to litigate a debt, or to audit the results 
of litigation on a debt, disclosures may be made to HEAL program 
participants, and their authorized representatives; Federal, State, or 
local agencies, and their authorized representatives; and adjudicative 
bodies;
    (i) To prepare for, conduct, enforce, or assist in the conduct or 
enforcement of a Medicare exclusion action, disclosures may be made to 
HEAL program participants; educational or financial institutions, and 
their authorized representatives; Federal, State, or local agencies, 
and their authorized representatives; and adjudicative bodies;
    (j) To ensure that HEAL program requirements are met by HEAL 
program participants, disclosures may be made to HEAL program 
participants; educational or financial institutions, and their 
authorized representatives; auditors engaged to conduct an audit of a 
HEAL program participant or of an educational or financial institution; 
Federal, State, or local agencies, and their authorized 
representatives;

[[Page 7810]]

accrediting agencies; and adjudicative bodies;
    (k) To verify whether a debt qualifies for discharge, forgiveness, 
or cancellation, disclosures may be made to HEAL program participants; 
educational and financial institutions, and their authorized 
representatives; Federal, State, or local agencies, and their 
authorized representatives; private parties, such as relatives, present 
and former employers, and business and personal associates; creditors; 
consumer reporting agencies; and adjudicative bodies;
    (l) To conduct credit checks or to respond to inquiries or disputes 
arising from information on the debt already furnished to a credit 
reporting agency, disclosures may be made to credit reporting agencies; 
HEAL program participants; educational and financial institutions, and 
their authorized representatives; Federal, State, or local agencies, 
and their authorized representatives; private parties, such as 
relatives, present and former employers, and business and personal 
associates; creditors; and adjudicative bodies;
    (m) To investigate complaints or to update information or correct 
errors contained in Department records, disclosures may be made to HEAL 
program participants; educational and financial institutions, and their 
authorized representatives; Federal, State, or local agencies, and 
their authorized representatives; private parties, such as relatives, 
present and former employers, and business and personal associates; 
creditors; credit reporting agencies; and adjudicative bodies;
    (n) To refund credit balances that are processed through the 
Department's systems, as well as the U.S. Department of the Treasury's 
(Treasury's) payment applications, to the individual or loan holder, 
disclosures may be made to HEAL program participants; educational and 
financial institutions, and their authorized representatives; Federal, 
State, or local agencies, and their authorized representatives; private 
parties, such as relatives, present and former employers, and business 
and personal associates; and creditors;
    (o) To allow the reporting of information to the Department on all 
aspects of loans made under the HEAL program in uniform formats and to 
permit the Department directly to compare data submitted to the 
Department by HEAL program participants, educational and financial 
institutions, or third-party servicers, disclosures may be made to HEAL 
program participants and to educational and financial institutions;
    (p) To report information required by law to be reported, 
including, but not limited to, reports required by 26 U.S.C. 6050P and 
6050S, disclosures may be made to the IRS; and
    (q) To allow the Department to make disclosures to governmental 
entities at the Federal, State, local, or tribal levels regarding the 
practices of Department contractors who have been provided with access 
to the HEAL program system with regards to all aspects of loans made 
under the HEAL program, in order to permit these governmental entities 
to verify the contractor's compliance with debt collection, financial, 
and other applicable statutory, regulatory, or local requirements. 
Before making a disclosure to these Federal, State, local or tribal 
governmental entities, the Department will require them to maintain 
Privacy Act safeguards to protect the security and confidentiality of 
the disclosed records.
    (2) Feasibility Study Disclosure. The Department may disclose 
information from this system of records to other Federal agencies, and 
to guaranty agencies and to their authorized representatives, to 
determine whether computer matching programs should be conducted by the 
Department for purposes such as to locate a delinquent or defaulted 
debtor or to verify compliance with program regulations.
    (3) Disclosure for Use by Other Law Enforcement Agencies. The 
Department may disclose information to any Federal, State, local, 
tribal, or foreign agency or other public authority responsible for 
enforcing, investigating, or prosecuting violations of administrative, 
civil, or criminal law or regulation if that information is relevant to 
any enforcement, regulatory, investigative, or prosecutorial 
responsibility within the receiving entity's jurisdiction.
    (4) Enforcement Disclosure. In the event that information in this 
system of records indicates, either alone or in connection with other 
information, a violation or potential violation of any applicable 
statutory, regulatory, or legally binding requirement, the Department 
may disclose the relevant records to an entity charged with the 
responsibility for investigating or enforcing those violations or 
potential violations.
    (5) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
    (a) Introduction. In the event that one of the parties listed below 
is involved in judicial or administrative litigation or ADR, or has an 
interest in such litigation or ADR, the Department may disclose certain 
records to the parties described in paragraphs (b), (c), and (d) of 
this routine use under the conditions specified in those paragraphs:
    (i) The Department or any of its components;
    (ii) Any Department employee in his or her official capacity;
    (iii) Any Department employee in his or her individual capacity 
where the Department of Justice (DOJ) has been requested to or agrees 
to provide or arrange for representation for the employee;
    (iv) Any Department employee in his or her individual capacity 
where the Department has agreed to represent the employee; and
    (v) The United States, where the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to the DOJ. If the Department determines that 
disclosure of certain records to the DOJ is relevant and necessary to 
the judicial or administrative litigation or ADR, the Department may 
disclose those records as a routine use to the DOJ.
    (c) Adjudicative Disclosure. If the Department determines that 
disclosure of certain records to an adjudicative body before which the 
Department is authorized to appear or to an individual or an entity 
designated by the Department or otherwise empowered to resolve or 
mediate disputes is relevant and necessary to the judicial or 
administrative litigation or ADR, the Department may disclose those 
records as a routine use to the adjudicative body, individual, or 
entity.
    (d) Parties, Counsel, Representatives, and Witnesses. If the 
Department determines that disclosure of certain records to a party, 
counsel, representative, or witness is relevant and necessary to the 
judicial or administrative litigation or ADR, the Department may 
disclose those records as a routine use to the party, counsel, 
representative, or witness.
    (6) Employment, Benefit, and Contracting Disclosure.
    (a) For Decisions by the Department. The Department may disclose a 
record to a Federal, State, or local agency maintaining civil, 
criminal, or other relevant enforcement or other pertinent records, or 
to another public authority or professional organization, if necessary 
to obtain information relevant to a Department decision concerning the 
hiring or retention of an employee or other personnel action, the 
issuance of a security clearance, the letting of a contract, or the 
issuance of a license, grant, or other benefit.
    (b) For Decisions by Other Public Agencies and Professional 
Organizations. The Department may

[[Page 7811]]

disclose a record to a Federal, State, local, or other public authority 
or professional organization, in connection with the hiring or 
retention of an employee or other personnel action, the issuance of a 
security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuance of a license, grant, or 
other benefit, to the extent that the record is relevant and necessary 
to the receiving entity's decision on the matter.
    (7) Employee Grievance, Complaint, or Conduct Disclosure. If a 
record is relevant and necessary to an employee grievance, complaint, 
or disciplinary action, the Department may disclose the record in this 
system of records in the course of investigation, fact-finding, or 
adjudication to any witness, designated fact-finder, mediator, or other 
person designated to resolve issues or decide the matter.
    (8) Labor Organization Disclosure. The Department may disclose a 
record from this system of records to an arbitrator to resolve disputes 
under a negotiated grievance procedure or to officials of a labor 
organization recognized under 5 U.S.C. chapter 71 when relevant and 
necessary to their duties of exclusive representation.
    (9) Freedom of Information Act (FOIA) and Privacy Act Advice 
Disclosure. The Department may disclose records to the DOJ or to the 
Office of Management and Budget (OMB) if the Department determines that 
disclosure is desirable or necessary in determining whether particular 
records are required to be disclosed under the FOIA or the Privacy Act.
    (10) Disclosure to the DOJ. The Department may disclose records to 
the DOJ, or the authorized representative of DOJ, to the extent 
necessary for obtaining DOJ advice on any matter relevant to an audit, 
inspection, or other inquiry related to the programs covered by this 
system.
    (11) Contracting Disclosure. If the Department contracts with an 
entity for the purposes of performing any function that requires 
disclosure of records in this system to employees of the contractor, 
the Department may disclose the records to those employees. Before 
entering into such a contract, the Department shall require the 
contractor to maintain Privacy Act safeguards as required under 5 
U.S.C. 552a(m) of the Privacy Act with respect to the records in the 
system.
    (12) Research Disclosure. The Department may disclose records to a 
researcher if the Department determines that the individual or 
organization to which the disclosure would be made is qualified to 
carry out specific research related to functions or purposes of this 
system of records. The Department may disclose records from this system 
of records to that researcher solely for the purpose of carrying out 
that research related to the functions or purposes of this system of 
records. The researcher shall be required to maintain Privacy Act 
safeguards with respect to the disclosed records.
    (13) Congressional Member Disclosure. The Department may disclose 
the records of an individual to a Member of Congress in response to an 
inquiry from the Member made at the written request of that individual 
whose records are being disclosed. The Member's right to the 
information is no greater than the right of the individual who 
requested the inquiry.
    (14) Disclosure to OMB for Credit Reform Act (CRA) Support. The 
Department may disclose records to OMB as necessary to fulfill CRA 
requirements. These requirements currently include transfer of data on 
lender interest benefits and special allowance payments, defaulted loan 
balances, and supplemental pre-claims assistance payments information.
    (15) Disclosure in the Course of Responding to a Breach of Data. 
The Department may disclose records to appropriate agencies, entities, 
and persons when (a) the Department suspects or has confirmed that the 
security or confidentiality of information in a system covered by this 
system of records notice has been compromised; (b) the Department has 
determined that as a result of the suspected or confirmed compromise 
there is a risk of harm to economic or property interests, identity 
theft or fraud, or harm to the security or integrity of this system or 
other system or programs (whether maintained by the Department or 
another agency or entity) that rely upon the compromised information; 
and (c) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm.
    (16) Disclosure to Third Parties through Computer Matching 
Programs. Unless otherwise prohibited by other laws, any information 
from this system of records, including personal information obtained 
from other agencies through computer matching programs, may be 
disclosed to any third party through a computer matching program, which 
is conducted under a Computer Matching Agreement between the Department 
and the third party, and requires that the matching be conducted in 
compliance with the requirements of the Privacy Act. Purposes of these 
disclosures may be: (a) To establish or verify program eligibility and 
benefits, (b) to establish or verify compliance with program 
regulations or statutory requirements, such as to investigate possible 
fraud or abuse; and (c) to recoup payments or delinquent debts under 
any Federal benefit programs, such as to locate or take legal action 
against a delinquent or defaulted debtor. At the time of the 
publication of this notice, the Department is not engaged in a computer 
matching program for the HEAL program.
    (17) Disclosure of Information to Treasury. The Department may 
disclose records of this system to (a) a Federal or State agency, its 
employees, agents (including contractors of its agents), or 
contractors, or (b) a fiscal or financial agent designated by the 
Treasury, including employees, agents, or contractors of such agent, 
for the purpose of identifying, preventing, or recouping improper 
payments to an applicant for, or recipient of, Federal funds, including 
funds disbursed by a State in a State-administered, Federally funded 
program; and disclosure may be made to conduct computerized comparisons 
for this purpose.
    (18) Disclosure of Defaulted Debtors in Federal Register 
Publication or on Designated Web sites. In accordance with the 
directive in 42 U.S.C. 292h(c), ED must publish in the Federal Register 
a list of borrowers who are in default on a HEAL loan. FSA intends to 
publish the names of the defaulted borrowers, last known city and 
state, area of practice, and amount of HEAL loan in default. FSA 
intends to publish the additional information about the borrower, as 
well as the names, in order to correctly identify the person in default 
and to provide relevant information to the intended recipients of this 
information, such as State licensing boards and hospitals. 
Additionally, this information may be published on a Defaulted 
Borrowers Web site, should the Department elect to reestablish this, or 
a similar, Web site. The Department may do this in order to provide the 
information to the intended recipients in a timely and effective way.
    (19) Disclosure of Defaulted Debtors to Other Authorized Parties. 
In accordance with the directive in 42 U.S.C. 292h(c)(2), disclosure of 
borrowers who are in default on a HEAL loan may be made to relevant 
Federal agencies, schools, school associations, professional and 
specialty associations, State licensing boards, hospitals with which a 
HEAL loan defaulter may be

[[Page 7812]]

associated, or other similar organizations.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosures pursuant to 5 U.S.C. 552a(b)(12) (as set forth in 31 
U.S.C. 3711(e)): Disclosures may be made from this system to ''consumer 
reporting agencies,'' as defined in the Fair Credit Reporting Act (15 
U.S.C. 1681a(f)) or the Debt Collection Improvement Act (31 U.S.C. 
3701(a)(3)). The purpose of these disclosures is to provide an 
incentive for debtors to repay delinquent Federal Government debts by 
making these debts part of their credit records.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in database servers, file folders, CDs, 
DVDs, and magnetic tapes.

RETRIEVABILITY:
    Records are retrieved by SSN or other identifying number.

SAFEGUARDS:
    Authorized users: Access to the system is limited to authorized 
HEAL program personnel and contractors responsible for administering 
the HEAL program. Authorized personnel include ED employees and 
officials, financial and fiscal management personnel, computer 
personnel and program managers who have responsibilities for 
implementing the HEAL program. Read-only users: Read-only access is 
given to servicers, holders, and financial/fiscal management personnel.
    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. Security guards are staffed 24 hours 
a day, seven days a week, to 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. In 
addition, all sensitive data is encrypted using Oracle Transparent Data 
Encryption functionality. Access to records is strictly limited to 
those staff members trained in accordance with the Privacy Act and 
automatic data processing (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. ED 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 HEAL program project directors, project 
officers, and the system manager oversee compliance with these 
requirements.
    Implementing guidelines: The safeguards described above were 
established in accordance with HHS Chapter 45-13 and supplementary 
Chapter PHS.hf: 45-13 of HHS' General Administration Manual.

RETENTION AND DISPOSAL:
    In accordance with the Department's record retention and 
disposition schedule, records for HEAL program awards are retained for 
seven years after final payment or discharge of the loan, whichever is 
sooner, and thereafter destroyed.

SYSTEM MANAGER AND ADDRESS:
    Valerie Sherrer, Director, Systems Integration Division, Systems 
Operations and Aid Delivery Management Services, Business Operations, 
Federal Student Aid, U.S. Department of Education, 830 First Street 
NE., Room 44F1, UCP, Washington, DC 20202-5454. Telephone: (202) 377-
3547.

NOTIFICATION PROCEDURE:
    If you wish to determine whether a record exists about you in the 
system of records, provide the System Manager with your name, date of 
birth, and SSN. Your request must meet the requirements of the 
regulations in 34 CFR 5b.5, including proof of identity.

RECORD ACCESS PROCEDURES:
    If you wish to gain access to your record in the system of records, 
provide the System Manager with your name, date of birth, and SSN. 
Requests by an individual for access to a record must meet the 
requirements of the regulations in 34 CFR 5b.5, including proof of 
identity.

CONTESTING RECORD PROCEDURE:
    If you wish to contest the content of your record in the system of 
records, provide the System Manager with your name, date of birth, and 
SSN as well as 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. Requests by an individual to amend a record must meet 
the requirements of the regulations in 34 CFR 5b.7.

RECORD SOURCE CATEGORIES:
    Record source categories include individual loan recipients, HEAL 
schools, lenders, holders of HEAL loans and their agents, HHS, and 
other Federal agencies.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2017-01434 Filed 1-19-17; 8:45 am]
 BILLING CODE 4000-01-P