Notice2023-05168
Privacy Act of 1974; System of Records
Primary source
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Published
March 14, 2023
Issuing agencies
National Aeronautics and Space Administration
Abstract
In accordance with the requirements of the Privacy Act of 1974, the National Aeronautics and Space Administration is providing public notice of a modification to an existing system of records entitled Opportunities and Associated Reviewers (OAAR). The notice updates the System Locations section. The system of records is more fully described in the SUPPLEMENTARY INFORMATION section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 49 (Tuesday, March 14, 2023)</title>
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[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15742-15744]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05168]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Notice: (23-019)]
Privacy Act of 1974; System of Records
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Notice of a Modified System of Records.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, the National Aeronautics and Space Administration is providing
public notice of a modification to an existing system of records
entitled Opportunities and Associated Reviewers (OAAR). The notice
updates the System Locations section. The system of records is more
fully described in the SUPPLEMENTARY INFORMATION section of this
notice.
DATES: Submit comments within 30 calendar days from the date of this
publication. The proposed system will take effect at the end of that
period if no significant adverse comments are received.
ADDRESSES: Submit comments to Bill Edwards-Bodmer, Privacy Act Officer,
Office of the Chief Information Officer, Mary W. Jackson, NASA
Headquarters, Washington, DC 20546-0001, 757-864-3292, or <a href="/cdn-cgi/l/email-protection#0e404f5d4f235e4f416868676d6b7c4e606f7d6f20696178"><span class="__cf_email__" data-cfemail="034d4250422e53424c65656a606671436d6270622d646c75">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: NASA Privacy Act Officer, Bill
Edwards-Bodmer, 757-864-3292, or <a href="/cdn-cgi/l/email-protection#4c020d1f0d611c0d032a2a252f293e0c222d3f2d622b233a"><span class="__cf_email__" data-cfemail="307e7163711d60717f565659535542705e5143511e575f46">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NASA accepts solicited and unsolicited
proposals and makes funded, non-funded and no-exchange-of-funds
agreements using its other transaction authority (OTA) under the Space
Act, the FAR, the NASA FAR Supplement, 2 CFR 200 Grants and Agreement
and directed appropriations (commonly called earmarks), that are
managed by multiple NASA organizations using the Opportunities and
Associated Reviewers (OAAR) records system. OAAR enables the review of
proposals and the monitoring of performance and costing of any
subsequent awards and/or partnership agreements.
William Edwards-Bodmer,
NASA Privacy Act Officer.
SYSTEM NAME AND NUMBER:
Opportunities and Associated Reviewers, NASA 10OAAR.
SECURITY CLASSIFICATION:
Unclassified; Classified.
SYSTEM LOCATION:
<bullet> Mary W. Jackson, NASA Headquarters, National Aeronautics
and Space Administration, Washington, DC 20546-0001
<bullet> NASA Shared Services Center, Building 1111, Jerry Hlass
Road, Stennis Space Center, MS 39529
<bullet> NASA Centers and Facilities. A list of participating NASA
locations is available at <a href="https://www.nasa.gov/about/sites/index.html">https://www.nasa.gov/about/sites/index.html</a>.
<bullet> NASA support contractors locations.
SYSTEM MANAGER(S):
<bullet> Mission Directorates' Official Representative(s), NASA
Research and Education Support Services, Mary W. Jackson, NASA
Headquarters-Washington, DC 20546-0001
<bullet> Grants Activities Branch Chief, NASA Shared Services
Center (NSSC), Stennis Space Center, MS 39529-6000
<bullet> Director, NASA Partnerships Mary W. Jackson, NASA
Headquarters-Washington, DC 20546-0001
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
<bullet> 51 U.S.C. 20113(a)
<bullet> 44 U.S.C. 3101
<bullet> Title 2 of The Code of Federal Regulations
<bullet> The Foundations for Evidence-Based Policymaking Act of
2019
<bullet> Grant Reporting Efficiency and Agreements Transparency Act
of 2019
<bullet> Title 51--National and Commercial Space Programs. This
title was enacted by Public Law 111-314, section 3, Dec. 18, 2010, 124
Stat. 3328; Public Law 111-314, 124 Stat. 3328 (Dec. 18, 2010)
<bullet> Title VI of the Civil Rights Act of 1964
<bullet> Title IX of the Education Amendments of 1972
<bullet> Section 504 of the Rehabilitation Act of 1973
<bullet> The Age Discrimination Act of 1975
<bullet> The American Innovation and Competitiveness Act (Pub. L.
114-329; Section 303(b))
<bullet> The Federal Advisory Committee Act (``FACA'') of 1972 (5
U.S.C., Appendix 2, as amended).
PURPOSE(S) OF THE SYSTEM:
1. To evaluate proposals or requests for NASA-funds, including
projects conducted on a no-exchange of funds basis, with partners under
the authority of the Space Act or other transaction authority using
data generated as part of the NASA merit review process.
2. To identify and contact subject matter experts (e.g.,
scientists, engineers, educators), who may be interested in applying
for support, in attending a scientific or similar meeting, in applying
for a position, or engagement in some similar opportunity or who may be
interested in serving as reviewers in the peer review system or for
inclusion on a NASA panel or advisory committee. Information from this
system for this purpose may be used as a source of potential candidates
to serve as reviewers as part of the NASA merit review process, or for
inclusion on a review panel or advisory committee.
[[Page 15743]]
3. To evaluate progress and results of NASA-funded and other
projects for program management, evaluation, or public reporting.
Anonymized demographic information from this system for this purpose
may be used to ensure compliance with Title VI of the Civil Rights Act
of 1964, Title IX of the Education Amendments of 1972, Section 504 of
the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and
for public reporting in Agency- or Federally-produced products that are
statistical in nature and do not identify individuals. Information from
this system may be merged with other computer files to complete such
public reporting, studies or evaluations as required by public law,
regulations and/or executive orders.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals, sometimes known as key personnel or project
participants collectively, i.e., principal investigators, co-
investigators, graduate students, postdoctoral fellows, educators,
collaborators, subject matter experts, etc. and peer reviewers (1) who
have requested and/or received research funding or other support from
NASA, either independently or via a non-profit or for-profit
organization, a NASA Center or tribal, federal, state, local or foreign
government agency and/or (2) who have been requested to or have served
as a reviewer for NASA proposals or other types of applications, such
as competed Space Act Agreements and requests for information (RFIs).
CATEGORIES OF RECORDS IN THE SYSTEM:
1. Proposal/Application/RFI Data--Names and contact information of
investigators/partners; NASA-assigned non-sensitive identification
numbers; sensitive demographic data, when voluntarily provided;
proposals and supporting data from human and institutional applicants;
and financial data.
2. Reviewer Data--Names, social security numbers, sensitive
demographic data, contact information and responses from peer
reviewers, including reviews and/or panel discussion summaries as
applicable or other related material.
3. Post-Selection Data for (i) Awards, i.e., assistance,
procurements, interagency transfer agreements and other funded
agreements and (ii) no-exchange of funds partnership type agreements.
Data may take the form of project and performance reports that may
include major research activities and findings; research training;
educational and outreach activities; and products such as citations to
publications, contributions resulting from the research, and other
related material.
RECORD SOURCE CATEGORIES:
Record sources are key project participants, academic or other
applicant institutions, proposal reviewers, and NASA program officials.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Any disclosures of information in this system of records will be
relevant, necessary, and compatible with the purpose for which the
Agency collected the information. Under the following routine uses that
are unique to this system of records, records from this system may be
disclosed to:
1. Qualified reviewers for their opinion and evaluation of
applicants and their proposals as part of the NASA application review
process; and to other government agencies or other entities needing
information regarding applicants or nominees as part of a joint
application review process, or in order to coordinate programs or
policy; or to compensate reviewers for their work in accordance with
reporting requirements under U.S. tax code.
2. Individual or institutional applicants and grantee/contracted
institutions to provide or obtain data as part of the application
review process, award decisions, or administering grant/procurement/
cooperative awards.
3. Other entities when merging records with other computer files to
carry out studies for or otherwise assist NASA with program management,
evaluation, or reporting. Disclosure may be made for this purpose to
NASA contractors, collaborating researchers, other government agencies,
and qualified research institutions and their staffs. Disclosures are
made only after scrutiny of research protocols and with appropriate
controls. The results of such studies are administrative or statistical
in nature and do not identify individuals.
4. Contractors, grantees, volunteers, experts, consultants,
advisors, and other individuals who perform a service to or work on or
under a contract, grant, cooperative agreement, advisory committee,
independent review boards, or other arrangement with or for NASA or for
the Federal government, as necessary to carry out their duties in
pursuit of the purposes described above. The contractors are subject to
the provisions of the Privacy Act.
5. The name, home institution, field of study, city, state, and zip
code of key personnel whose proposals are selected for funding by NASA
may be released for public information/affairs purposes, including
press releases, if the disclosure of such record(s) would not
constitute an unwarranted invasion of personal privacy.
6. Another Federal entity, including the Office of Science and
Technology Policy, the National Science and Technology Council, etc.,
so the demographic and institutional data may be used for cross-Federal
program management, evaluation, or reporting only after scrutiny of
research protocols and with appropriate controls. The results of such
strategic plans, reports, studies, or evaluations are statistical in
nature and do not identify individuals.
In addition, information may be disclosed under the following NASA
Standard Routine Uses:
1. Law Enforcement--When a record on its face, or in conjunction
with other information, 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, disclosure may be made to the appropriate
agency, whether Federal, foreign, State, local, or tribal, or other
public authority responsible for enforcing, investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, or rule, regulation, or order, if NASA determines by
careful review that the records or information are both relevant and
necessary to any enforcement, regulatory, investigative or prosecutive
responsibility of the receiving entity.
2. Certain Disclosures to Other Agencies--A record from this SOR
may be disclosed to a Federal, State, or local agency maintaining
civil, criminal, or other relevant enforcement information or other
pertinent information, such as current licenses, if necessary, to
obtain information relevant to an agency decision concerning the hiring
or retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit.
3. Certain Disclosures to Other Federal Agencies--A record from
this SOR may be disclosed to a Federal agency, in response to its
request, for a matter concerning the hiring or retention of an
employee, 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 by the requesting
agency, to the extent that the information is relevant and necessary to
[[Page 15744]]
the requesting agency's decision on the matter.
4. Department of Justice--A record from this SOR may be disclosed
to the Department of Justice when (a) NASA, or any component thereof;
or (b) any employee of NASA in his or her official capacity; or (c) any
employee of NASA in his or her individual capacity where the Department
of Justice has agreed to represent the employee; or (d) the United
States, where NASA determines that litigation is likely to affect NASA
or any of its components, is a party to litigation or has an interest
in such litigation, and by careful review, the use of such records by
the Department of Justice is deemed by NASA to be relevant and
necessary to the litigation.
5. Courts--A record from this SOR may be disclosed in an
appropriate proceeding before a court, grand jury, or administrative or
adjudicative body, when NASA determines that the records are relevant
and necessary to the proceeding; or in an appropriate proceeding before
an administrative or adjudicative body when the adjudicator determines
the records to be relevant and necessary to the proceeding.
6. Response to an Actual or Suspected Compromise or Breach of
Personally Identifiable Information--A record from this SOR may be
disclosed to appropriate agencies, entities, and persons when (1) NASA
suspects or has confirmed that there has been a breach of the system of
records; (2) NASA has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, NASA
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with NASA's efforts to respond to the suspected or
confirmed breach or to prevent, minimize, or remedy such harm.
7. Members of Congress--A record from this SOR may be disclosed to
a Member of Congress or to a Congressional staff member in response to
an inquiry of the Congressional office made at the written request of
the constituent about whom the record is maintained.
8. Disclosures to Other Federal Agencies in Response to an Actual
or Suspected Compromise or Breach of Personally Identifiable
Information--A record from this SOR may be disclosed to another Federal
agency or Federal entity, when NASA determines that information from
this system of records is reasonably necessary to assist the recipient
agency or entity in (1) responding to a suspected or confirmed breach
or (2) 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.
9. National Archives and Records Administration--A record from this
SOR may be disclosed as a routine use to the officers and employees of
the National Archives and Records Administration (NARA) pursuant to
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
10. Audit--A record from this SOR may be disclosed to another
agency, or organization for purpose of performing audit or oversight
operations as authorized by law, but only such information as is
necessary and relevant to such audit or oversight function.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records primarily are stored on electronic digital media; however,
when necessary, records may be stored in paper.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by an individual's name or proposal number or
institution.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and disposed of in accordance with NARA
approved record schedules. Awarded proposals are permanent records and
are transferred to NARA in accordance with the approved record
schedule. Declined or withdrawn paper proposals are destroyed five
years after close of year in which declined or withdrawn. Declined
electronic proposals are retained in electronic archive on site at NASA
for ten years after close of year in which declined or withdrawn.
Electronic files are destroyed at the end of the ten-year retention
period. Some records may be cumulative and maintained indefinitely.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are protected by administrative, technical, and physical
safeguards administered by NASA or by contractors on behalf of NASA.
RECORD ACCESS PROCEDURES:
In accordance with 14 CFR part 1212, Privacy Act--NASA Regulations,
and subject to exemptions described therein, individuals who wish to
gain access to their records should submit their request in writing to
the System Manager or Subsystem Manager at locations listed above.
Requests may also be requested electronically by the individual on whom
the records are maintained or by their authorized representative.
CONTESTING RECORD PROCEDURES:
The NASA regulations for access to records and for contesting
contents and appealing initial determinations by the individual
concerned appear in 14 CFR part 1212.
NOTIFICATION PROCEDURES:
In accordance with 14 CFR part 1212, Privacy Act--NASA Regulations,
information may be obtained from the cognizant system or subsystem
manager [or managers] listed at the above locations where the records
are created and/or maintained.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The portions of this system consisting of data that would identify
reviewers or other persons supplying evaluations of NASA proposals or
for some personnel provided in proposals and awards have been exempted
at 45 CFR part 613.5, pursuant to 5 U.S.C. 552a(k)(5).
HISTORY:
(23-009, 88 FR 36, pp. 11479-11481).
[FR Doc. 2023-05168 Filed 3-13-23; 8:45 am]
BILLING CODE 7510-13-P
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