83 FR 40264 - Privacy Act of 1974; System of Records

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 157 (August 14, 2018)

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 (Department) publishes this notice to modify the system of records entitled ``Health Education Assistance Loan (HEAL) Program'' (18-11-20), last published in the Federal Register on January 23, 2017. Under the Consolidated Appropriations Act, 2014 and 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 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.

[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40264-40269]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17512]


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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 a modified 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 (Department) publishes this 
notice to modify the system of records entitled ``Health Education 
Assistance Loan (HEAL) Program'' (18-11-20), last published in the 
Federal Register on January 23, 2017.
    Under the Consolidated Appropriations Act, 2014 and 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 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.

DATES: Submit your comments on this modified system of records notice 
on or before September 13, 2018.
    In general, this modified system of records will become applicable 
upon publication in the Federal Register on August 14, 2018, unless the 
modified system of records notice needs to be changed as a result of 
public comment. New and significantly modified routine uses (1)(m), 
(2), (4), (6), (10), (11), (13), (14), (15), (16), and (17) in the 
paragraph entitled ``ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, 
INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES'' will become 
applicable on the expiration of the 30-day period of public comment on 
September 13, 2018, unless the modified system of records notice needs 
to be changed as a result of public comment. The Department will 
publish any significant changes to the modified system of records 
notice that result from public comment.

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 modified system of records, 
address them to: 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.
    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 Department published a notice of a modified system of records 
in the Federal Register on January 23, 2017 (82 FR 7807-7812) proposing 
to revise a programmatic routine use and to include a Defaulted 
Borrowers website as a location where the Department may

[[Page 40265]]

publish the names of defaulted HEAL program borrowers. In addition, the 
Department added or made conforming changes both to the programmatic 
routine uses to make them consistent with the routine uses that the 
Department uses in its other system of records notice for the servicing 
and collection of Federal student aid and to the standard routine uses 
to make them consistent with those used in most other Department 
systems of records notices.
    This notice makes a number of needed updates and additions to this 
previous version of the system of records notice, which include: 
Revising the paragraph on the system's security classification to 
indicate that this system is not classified; updating the paragraph on 
system location to reference the current location of the system; 
revising programmatic purpose (13), and removing former programmatic 
purpose (15); and modifying the information regarding disclosures to 
consumer reporting agencies to specify which information will be 
disclosed.
    The section entitled ``RECORD SOURCE CATEGORIES'' has been updated 
to include information obtained from other Federal agencies and from 
other persons or entities to which records may be disclosed as 
described in the routine uses set forth in the system of records 
notice.
    This notice updates the section entitled ``POLICIES AND PRACTICES 
FOR RETENTION AND DISPOSAL OF RECORDS'' to reflect the current 
Department records retention and disposition schedule covering records 
in this system.
    This notice is modifying the safeguards to remove reference to 
implementation guidance when this system of records was under the 
Department of Health and Human Services (HHS) at the previous system 
location.
    This notice is also revising the record access, contesting, and 
notification procedures to explicitly indicate which necessary 
particulars individuals are required to provide to the system manager.
    This notice also removes former programmatic routine use 1(o), 
routine use (3) ``Disclosure for Use by Other Law Enforcement 
Agencies,'' and routine use (16) ``Disclosures to Third Parties through 
Computer Matching Programs;'' adds citations to authorizing statutes in 
routine uses 1(i) and 13; revises routine uses 1(m) to remove language 
referencing disclosures to update information or correct errors 
contained in Department records, (2) to remove guaranty agencies and 
their authorized representatives as entities to which the Department 
may disclose records, (4) to insert the word ``person'' in place of the 
word ``individual'', (6) to standardize it with other language used by 
the Department to permit disclosures of records from its systems of 
records where they are relevant and necessary to employee grievances, 
complaints, or disciplinary actions, (10) to remove the reference to 
``Privacy Act safeguards as required under 5 U.S.C. 552(m)'' to now 
require that all contractors agree to maintain safeguards to protect 
the security and confidentiality of the records in the system, (11) to 
remove the requirement for a researcher to maintain ``Privacy Act 
safeguards'' with respect to the disclosed records and instead adding a 
requirement that a researcher must maintain safeguards to protect the 
security and confidentiality of the disclosed records, (13) to include 
reference to the Congressional Budget Office as an entity to which the 
Department may disclose records to, (14) to replace references of 
``compromise'' with references to ``breach'' to be compliant OMB's 
requirements as set forth in OMB M-17-12, (16) to allow disclosures to 
subcontractors of Federal or State agencies and their agents and to the 
judicial or legislative branches of the United States, and (17) to 
remove language that specified that the Department may elect to 
reestablish a Defaulted Borrowers website, or a similar website; adds 
routine use (15) ``Disclosure in Assisting another Agency in Responding 
to a Breach of Data.''
    Pursuant to the requirements of Office of Management and Budget 
Circular No. A-108, the Department has also added a section entitled 
``HISTORY.''
    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. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations 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 this 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: August 9, 2018.
James F. Manning,
Acting 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 a modified system of records 
to read as follows:
SYSTEM NAME AND NUMBER:
    Health Education Assistance Loan (HEAL) Program (18-11-20).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Dell Perot Systems, 2300 West Plano Parkway, Plano, TX 75075-8247. 
(This is the location for the HEAL program Virtual Data Center (VDC)).

SYSTEM MANAGER(S):
    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.

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 Health and Human Services (HHS) to the Secretary 
of Education.

PURPOSE(S) OF THE SYSTEM:
    The information maintained in this system of records is used for 
the following purposes:
    (1) To verify the identity of an individual;

[[Page 40266]]

    (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 borrower in repayment efforts;
    (6) To investigate possible fraud or abuse or verify compliance 
with any applicable statutory, regulatory, or legally binding 
requirement;
    (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;
    (14) To refund credit balances to the individual or loan holder;
    (15) 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;
    (16) To compile and generate managerial and statistical reports; 
and
    (17) To carry out the statutory requirement to compile and publish 
a list of the HEAL program borrowers who are in default.

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.

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. Information in this system also may be obtained 
from other persons or entities to which records may be disclosed as 
described in the routine uses set forth below.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 and 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 and business and personal associates; 
educational and financial institutions; present and former employers; 
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 and business and personal associates; 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 and business and personal associates; present and former 
employers; creditors; consumer reporting agencies; and adjudicative 
bodies;
    (e) To counsel a borrower 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 and 
business and personal associates; present and former employers; 
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 
and business and personal associates; 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

[[Page 40267]]

authorized representatives; and adjudicative bodies;
    (i) To prepare for, conduct, enforce, or assist in the conduct or 
enforcement of a Medicare exclusion action in accordance with 42 U.S.C. 
1320a-7(b)(14), 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; 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 and 
business and personal associates; present and former employers; 
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 and business and personal associates; present and former 
employers; creditors; and adjudicative bodies;
    (m) To investigate complaints, 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; 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 and business and personal associates; 
present and former employers; and creditors;
    (o) 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
    (p) 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 contractors' 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 
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 to 
determine whether pilot 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) 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.
    (4) Litigation and Alternative Dispute Resolution (ADR) Disclosure.
    (a) Introduction. In the event that one of the parties listed in 
sub-paragraphs (i) through (v) 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 requests representation for or 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 a person 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, person, or entity.
    (d) Disclosure to 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.
    (5) 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 disclose a record to a Federal, 
State, local, or other public authority or professional organization, 
in connection

[[Page 40268]]

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.
    (6) Employee Grievance, Complaint, or Conduct Disclosure. If a 
record is relevant and necessary to an employee grievance, complaint, 
or disciplinary action involving a present or former employee of the 
Department, the Department may disclose a record in this system of 
records in the course of investigation, fact-finding, or adjudication, 
to any party to the grievance, complaint or action; to the party's 
counsel or representative; to a witness; to a designated fact-finder, 
mediator, or other person designated to resolve issues or decide the 
matter.
    (7) 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.
    (8) 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.
    (9) 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.
    (10) 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. As part of 
such a contract, the Department will require the contractor to agree to 
establish and maintain safeguards to protect the security and 
confidentiality of the records in the system.
    (11) Research Disclosure. The Department may disclose records to a 
researcher if an official of 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 official 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 agree to 
maintain safeguards to protect the security and confidentiality of the 
disclosed records.
    (12) 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.
    (13) Disclosure to OMB for Credit Reform Act (CRA) Support. The 
Department may disclose records to OMB or the Congressional Budget 
Office as necessary to fulfill CRA requirements in accordance with 2 
U.S.C. 661b.
    (14) 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 
there has been a breach of the system of records; (b) the Department 
has determined that as a result of the suspected or confirmed breach 
there is a risk of harm to individuals, the Department (including its 
information systems, programs, and operations), the Federal Government, 
or national security; 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 
breach or to prevent, minimize, or remedy such harm.
    (15) Disclosure in Assisting another Agency in Responding to a 
Breach of Data. The Department may disclose records from this system to 
another Federal agency or Federal entity, when the Department 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (a) responding to 
a suspected or confirmed breach or (b) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    (16) Disclosure of Information to Treasury. The Department may 
disclose records from this system to (a) a Federal or State agency, its 
employees, agents (including contractors or subcontractors of its 
agents), or contractors or subcontractors, (b) a fiscal or financial 
agent designated by the Treasury, including employees, agents, or 
contractors of such agent, or (c) the judicial or legislative branches 
of the United States, as defined in paragraphs (2) and (3), 
respectively, in 18 U.S.C. 202(e), 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.
    (17) Disclosure of Defaulted Debtors in Federal Register 
Publication. 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. The Department will publish the names of the 
defaulted borrowers, last known city and State, area of practice, and 
amount of HEAL loan in default. The Department will publish the 
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 authorized recipients of this information, such as 
State licensing boards and hospitals.
    (18) 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 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)). Disclosures may only be made regarding a valid, overdue 
claim of the Department; such information is limited to: (1) The name, 
address, taxpayer identification number, and other information 
necessary to establish the identity of the individual responsible for 
the claim; (2) the amount, status, and history of the claim; and (3) 
the program under which the claim arose. The Department may disclose 
the information specified in this paragraph under 5 U.S.C. 552a(b)(12) 
and the procedures

[[Page 40269]]

contained in 31 U.S.C. 3711(e). 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 STORAGE OF RECORDS:
    Records are maintained in database servers, file folders, compact 
discs, digital versatile discs, and magnetic tapes.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by SSN or other identifying number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All records are retained and disposed of in accordance with 
Department records schedule, National Archives and Records 
Administration (NARA) disposition authority DAA-0441-2017-002 (``FSA 
Health Education Assistance Loan (HEAL) Program Online Processing 
System (HOPS)''). Records shall be destroyed seven years after cutoff. 
Cutoff is annually upon final payment or discharge of the loan.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    All users of the HEAL System will have a unique user ID with a 
password. All physical access to the data housed within the VDC is 
controlled and monitored by security personnel who check each 
individual entering the building for his or her employee or visitor 
badge. The computer system employed by the Department offers a high 
degree of resistance to tampering and circumvention with firewalls, 
encryption, and password protection. This security system limits data 
access to Department and contract staff on a ``need-to-know'' basis, 
and controls individual users' ability to access and alter records 
within the system.

RECORD ACCESS PROCEDURES:
    If you wish to gain access to your record in the system of records, 
provide the System Manager with necessary particulars such as your 
name, date of birth, SSN, and any other identifying information 
requested by the Department while processing the request to distinguish 
between individuals with the same name. 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 PROCEDURES:
    If you wish to contest the content of your record in the system of 
records, provide the System Manager with necessary particulars such as 
your name, date of birth, SSN, and any other identifying information 
requested by the Department while processing the request to distinguish 
between individuals with the same name. You must also 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. Requests by 
an individual to amend a record must meet the requirements of the 
regulations in 34 CFR 5b.7.

NOTIFICATION PROCEDURES:
    If you wish to determine whether a record exists about you in the 
system of records, provide the System Manager with necessary 
particulars such as your name, date of birth, SSN, and any other 
identifying information requested by the Department while processing 
the request to distinguish between individuals with the same name. Your 
request must meet the requirements of the regulations in 34 CFR 5b.5, 
including proof of identity.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The system of records entitled ``Health Education Assistance Loan 
(HEAL) Program'' (18-11-20) was previously maintained by the HHS, at 
which time it was entitled ``Health Education Assistance On-Line 
Processing System (HOPS)'' (09-15-0044). HHS last published that system 
of records in the Federal Register on February 1, 2010 (75 FR 5094-
5097). The system was modified in the transfer from HHS to the 
Department. The Department published a revised system of records notice 
in the Federal Register on June 26, 2014 (79 FR 36299-36302), changing 
the name and numbering of the system of records to the ``Health 
Education Assistance Loan (HEAL) program'' (18-11-20). The Department 
published a notice of a modified system of records in the Federal 
Register on January 23, 2017 (82 FR 7807-7812) Through this notice, the 
Department modifies the January 23, 2017, notice of a modified system 
of records and republishes in full the HEAL program system of records 
notice in the required format found in OMB Circular No. A-108, issued 
on December 23, 2016.

[FR Doc. 2018-17512 Filed 8-13-18; 8:45 am]
 BILLING CODE 4000-01-P