Notice2023-09934
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 10, 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 a previously announced system of records, NASA Freedom of Information Act System, NASA 10FOIA. This notice updates formats and retention of records, their retrievability, and records access, notification, and contesting procedures. It updates locations and incorporates NASA Standard Routine Uses that were previously published separately from, and cited by reference in, this and other NASA systems of records notices. This notice also adds two new routine uses unique to this system, as set forth below under the caption SUPPLEMENTARY INFORMATION.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 90 (Wednesday, May 10, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30163-30166]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09934]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[NOTICE: 23-047]
Privacy Act of 1974; System of Records
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
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 a previously announced system of
records, NASA Freedom of Information Act System, NASA 10FOIA. This
notice updates formats and retention of records, their retrievability,
and records access, notification, and contesting procedures. It updates
locations and incorporates NASA Standard Routine Uses that were
previously published separately from, and cited by reference in, this
and other NASA systems of records notices. This notice also adds two
new routine uses unique to this system, as set forth below under the
caption SUPPLEMENTARY INFORMATION.
DATES: Submit comments within 30 calendar days from the date of this
publication. The changes will take effect at the end of that period if
no adverse comments are received.
ADDRESSES: Bill Edwards-Bodmer, Privacy Act Officer, Office of the
Chief
[[Page 30164]]
Information Officer, National Aeronautics and Space Administration
Headquarters, Washington, DC 20546-0001, (757) 864-7998, <a href="/cdn-cgi/l/email-protection#c987889a88e4998886afafa0aaacbb89a7a8baa8e7aea6bf"><span class="__cf_email__" data-cfemail="6826293b29453829270e0e010b0d1a2806091b09460f071e">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: NASA Privacy Act Officer, Bill
Edwards-Bodmer, (757) 864-7998, <a href="/cdn-cgi/l/email-protection#0c424d5f4d215c4d436a6a656f697e4c626d7f6d226b637a"><span class="__cf_email__" data-cfemail="abe5eaf8ea86fbeae4cdcdc2c8ced9ebc5cad8ca85ccc4dd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This system notice includes minor revisions
to NASA's existing system of records notice to bring its format into
compliance with OMB guidance; and to update records access,
notification, and contesting procedures consistent with NASA Privacy
Act regulations. Significant changes include update of system location
to reflect a cloud location, sub-system managers, and applicable
retention schedule for the records. It clarifies data fields by which
records are retrieved and provides an explanation that any records
exempted under other systems of records will carry those exemptions if
entered this FOIA system. This notice also adds two new routine uses
unique to these records. Finally, it incorporates in whole, as
appropriate, information formerly published separately in the Federal
Register as appendix A, Location Numbers and Mailing Addresses of NASA
Installations at which Records are Located, and appendix B, Standard
Routine Uses--NASA, and removes references to ``Appendix A'' and
``Appendix B.''
William Edwards-Bodmer,
NASA Privacy Act Officer.
SYSTEM NAME AND NUMBER:
NASA Freedom of Information Act System, NASA 10FOIA.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
<bullet> Mary W. Jackson NASA Headquarters, National Aeronautics
and Space Administration (NASA), Washington, DC 20546-0001.
<bullet> Amazon Web Services (AWS): 410 Terry Avenue North,
Seattle, WA 98109.
SYSTEM MANAGER(S):
<bullet> System Manager: Principal Agency FOIA Officer, Office of
Communications, Mary W. Jackson NASA Headquarters, National Aeronautics
and Space Administration (NASA), Washington, DC 20546-0001.
<bullet> Subsystem Managers: See <a href="https://www.nasa.gov/FOIA/Contacts.html">https://www.nasa.gov/FOIA/Contacts.html</a> for a list of NASA FOIA Offices.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
<bullet> 51 U.S.C. 20113(a).
<bullet> 44 U.S.C. 3101.
<bullet> 5 U.S.C. 552.
<bullet> 5 U.S.C. 552a.
<bullet> 14 CFR part 1206.
PURPOSE(S) OF THE SYSTEM:
Records in this system are maintained for the purpose of processing
and tracking access requests and administrative appeals, and those
received via referral or consultation from another agency under the
FOIA and Privacy Act; for the purpose of maintaining a FOIA or Privacy
Act administrative record regarding Agency action on such requests and
appeals; and for the Agency in carrying out any other responsibilities
under the FOIA and Privacy Act.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1) Individuals or their representatives who have submitted Freedom
of Information Act (FOIA)/Privacy Act (PA) requests for records and/or
FOIA administrative appeals with NASA; (2) individuals whose requests
for records have been sent for consultation or referred to the Agency
by other government agencies; (3) individuals who are the subject of
such requests and appeals; (4) individuals who file litigation based on
their requests; Department of Justice or other government litigators;
(5) and/or the NASA personnel assigned to handle such requests and
appeals. Certain information about FOIA requestors, such as requesters'
names and a description of the requested records is not exempt under
the FOIA and is released to outside entities who request such
information.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records created, received via referral or
consultation from another agency, or compiled in response to FOIA,
FOIA/PA or PA requests for records or subsequent administrative appeals
or litigations brought under the FOIA and Privacy Act and may include:
The requester's name, address, telephone number, email address; the
original requests and administrative appeals; responses to such
requests and appeals; all related memoranda, correspondence, notes and
other related or supporting documentation, and in some instances copies
of requested records and records under administrative appeal.
RECORD SOURCE CATEGORIES:
Records are obtained from those individuals who submit initial
requests and administrative appeals pursuant to the FOIA and the
Privacy Act, or who file litigation regarding such requests and
appeals; the agency records searched in the process of responding to
such requests and appeals; Agency personnel assigned to handle such
requests, appeals, and/or litigation; other agencies or entities that
have referred to NASA requests concerning NASA records, or that have
consulted with NASA regarding handling of particular requests; and
submitters or subjects of records or information that have provided
assistance to NASA in making access or amendment determinations.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
Any disclosures of information will be compatible with the purpose
for which the Agency collected the information. Information in this
system may be disclosed:
1. To the National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures, and compliance with the
Freedom of Information Act, and to facilitate OGIS' offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
2. To the Office of Management and Budget (OMB) or the Department
of Justice (DOJ) to obtain advice regarding statutory and other
requirements under the FOIA or Privacy Act.
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
[[Page 30165]]
or other pertinent information, such as current licenses, if necessary,
to obtain information relevant to a NASA 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
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. Contractors--A record from this SOR may be disclosed to
contractors, grantees, experts, consultants, students, volunteers, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish a NASA function related to this SOR.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to NASA employees.
8. 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.
9. 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.
10. 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.
11. 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 in this system are maintained in electronic and paper
formats.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information is retrieved by the name of the requester or appellant;
or the FOIA tracking number assigned to the request or appeal.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with guidelines
defined in NASA Records Retention Schedules, Schedule 1, Item 42.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are maintained on a secure NASA cloud location and
protected in accordance with all Federal standards and those
established in NASA regulations at 14 CFR 1212.605. Additionally, the
cloud location and data management environments employ infrastructure
encryption technologies both in data transmission and at rest on cloud
locations. Electronic messages sent within and outside of the Agency
that convey sensitive data are encrypted and transmitted by staff via
pre-approved electronic encryption systems as required by NASA policy.
An approved security plan is in place for the information system
containing the records in accordance with the Federal Information
Security Management Act of 2002 (FISMA) and OMB Circular A-130,
Management of Federal Information Resources. Only authorized personnel
requiring information in the official discharge of their duties are
authorized access to records through approved access or authentication
methods. Access to electronic records is achieved only from
workstations within the NASA Intranet or via a secure Virtual Private
Network (VPN) connection that requires two-factor hardware token
authentication or via employee PIV badge authentication from NASA-
issued computers. Non-electronic records are secured in locked rooms or
files.
RECORD ACCESS PROCEDURES:
In accordance with 14 CFR part 1212, Privacy Act--NASA Regulations,
information may be obtained by contacting in person or in writing the
system or subsystem manager listed above at the location where the
records are created and/or maintained. When seeking records about
yourself from this system of records or any other NASA system of
records, your request must conform with the Privacy Act regulations set
forth in 14 CFR part 1212. You must first verify your identity, meaning
that you must provide your full name, current address and date and
place of birth. You must sign your request, and your signature must
either be notarized or submitted under 28 U.S.C. 1746, a law that
permits
[[Page 30166]]
statements to be made under penalty of perjury as a substitute for
notarization. Requests must contain the identifying data concerning the
requester, e.g., first, middle, and last name; date of birth;
description and time periods of the records desired. NASA Regulations
also address contesting contents and appealing initial determinations
regarding records access.
CONTESTING RECORD PROCEDURES:
In accordance with 14 CFR part 1212, Privacy Act--NASA Regulations,
information may be obtained by contacting in person or in writing the
system or subsystem manager listed above at the location where the
records are created and/or maintained. Requests must contain the
identifying data concerning the requester, e.g., first, middle, and
last name; date of birth; description and time periods of the records
desired. NASA Regulations also address contesting contents and
appealing initial determinations regarding records access.
NOTIFICATION PROCEDURES:
In accordance with 14 CFR part 1212, Privacy Act--NASA Regulations,
information may be obtained by contacting in person or in writing the
system or subsystem manager listed above at the location where the
records are created and/or maintained. Requests must contain the
identifying data concerning the requester, e.g., first, middle, and
last name; date of birth; description and time periods of the records
desired. NASA Regulations also address contesting contents and
appealing initial determinations regarding records access.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Records entered this system will carry any exemptions to which they
are subject in the primary system of records from which they
originated.
HISTORY:
<bullet> (15-115, 80 FR 79937, PP. 79937-79947).
<bullet> (11-109, 76 FR 67763, pp. 67763-67764).
<bullet> (07-081, 72 FR 55817, pp. 55817-55833).
<bullet> (06-021, 71 FR 15477, pp. 15477-15478).
[FR Doc. 2023-09934 Filed 5-9-23; 8:45 am]
BILLING CODE 7510-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 10, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.