Notice2023-15482
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
July 21, 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 (NASA) is providing public notice of modification to a previously announced system of records, Office of the Inspector General Investigations Case Files/NASA 10IGIC. This notice incorporates locations and NASA Standard Routine Uses previously published separately from, and cited by reference in, this and other NASA systems of records notices.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 139 (Friday, July 21, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47189-47192]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15482]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Notice: 23-077]
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 (NASA) is
providing public notice of modification to a previously announced
system of records, Office of the Inspector General Investigations Case
Files/NASA 10IGIC. This notice incorporates locations and NASA Standard
Routine Uses previously published separately from, and cited by
reference in, this and other NASA systems of records notices.
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 Information Officer, National Aeronautics and Space
Administration Headquarters, Washington, DC 20546-0001, (757) 864-7998,
<a href="/cdn-cgi/l/email-protection#054b4456442855444a63636c666077456b6476642b626a73"><span class="__cf_email__" data-cfemail="1957584a58344958567f7f707a7c6b5977786a78377e766f">[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#226c6371630f72636d44444b414750624c4351430c454d54"><span class="__cf_email__" data-cfemail="2c626d7f6d017c6d634a4a454f495e6c424d5f4d024b435a">[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. 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 reference to Appendix A and Appendix B.
William Edwards-Bodmer,
NASA Privacy Act Officer.
SYSTEM NAME AND NUMBER:
Office of the Inspector General Investigations Case Files, NASA
10IGIC.
SECURITY CLASSIFICATION:
Some of the material contained in the system has been classified in
the interests of national security pursuant to Executive Order 11652.
SYSTEM LOCATION:
Electronic records are migrating from a secure NASA server to a
secure cloud maintained by Amazon Web Services (AWS), 410 Terry Ave.,
North Seattle, WA 98109. Paper records are maintained at the following
locations and other OIG offices at NASA Centers.
<bullet> Mary W. Jackson NASA Headquarters, National Aeronautics
and Space Administration (NASA), Washington, DC 20546-0001
<bullet> New Jersey Post of Duty, 402 East State Street, Trenton,
NJ 08608
<bullet> Western Field Office, Glenn Anderson Federal Building, 501
West Ocean Blvd., Long Beach, CA 90802-4222
<bullet> Rocky Mountain Post of Duty, 6430 S. Fiddlers Green
Circle, Suite 350, Greenwood Village, CO 80111
SYSTEM MANAGER(S):
Assistant Inspector General for Investigations, Mary W. Jackson
NASA Headquarters, National Aeronautics and Space Administration
(NASA), Washington, DC 20546-0001. Subsystem Managers Special and
Resident Agents in Charge at:
<bullet> New Jersey Post of Duty, 402 East State Street, Trenton,
NJ 08608
<bullet> Western Field Office, Glenn Anderson Federal Building, 501
West Ocean Blvd., Long Beach, CA 90802-4222
<bullet> Rocky Mountain Post of Duty, 6430 S. Fiddlers Green
Circle, Suite 350, Greenwood Village, CO 80111
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
<bullet> 51 U.S.C. 20113--Powers of the Administration in
performance of functions
<bullet> 51 U.S.C. 20114--Administration and Department of Defense
coordination
<bullet> 44 U.S.C. 3101--Records management by agency heads;
general duties
<bullet> 5 U.S.C. 404(a)(1) and (a)(3)--Inspector General Act of
1978, as amended; Duties and Responsibilities
PURPOSE(S) OF THE SYSTEM:
Information in this system of records is collected in the course of
investigating alleged crimes and other violations of law or regulations
that affect NASA. The information is used by prosecutors, Agency
managers, law enforcement agencies, Congress, NASA contractors, and
others to address the crimes and other misconduct discovered during
investigations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system maintains information on (1) current and former
employees of NASA; (2) current and former NASA contractors and
subcontractors; (3) and others whose actions have affected NASA.
CATEGORIES OF RECORDS IN THE SYSTEM:
Case files pertaining to matters including, but not limited to, the
following classifications of cases: (1)
[[Page 47190]]
Fraud against the Government; (2) theft of Government property; (3)
bribery; (4) lost or stolen lunar samples; (5) misuse of Government
property; (6) conflict of interest; (7) waiver of claim for overpayment
of pay; (8) leaks of Source Evaluation Board information; (9) improper
personal conduct; (10) irregularities in awarding contracts; (11)
computer crimes; (12) research misconduct; and (13) whistleblower
protection investigations under various statutes and regulations.
RECORD SOURCE CATEGORIES:
Exempt, see Exemptions Promulgated for the System below.
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. Under the following
routine uses that are unique to this system of records, information in
this system may be disclosed:
1. Responding to inquiries from the White House, the Office of
Management and Budget, and other organizations in the Executive Office
of the President.
2. Disclosing to a Federal, State, local, tribal, or territorial
government or agency lawfully engaged in the collection of intelligence
(including national intelligence, foreign intelligence, and
counterintelligence), counterterrorism, or homeland security, law
enforcement or law enforcement intelligence, and other information,
where disclosure is undertaken for intelligence, counterterrorism,
homeland security, or related law enforcement purposes, as authorized
by U.S. Law or Executive Order, and in accordance with applicable
disclosure policies.
3. Disclosing to any official (including members of the Council of
Inspectors General on Integrity and Efficiency (CIGIE) and staff and
authorized officials of the Department of Justice and Federal Bureau of
Investigation) charged with the responsibility to conduct qualitative
assessment reviews of internal safeguards and management procedures
employed in Office of Inspector General (OIG) operations.
4. Disclosing to members of the CIGIE for the preparation of
reports to the President and Congress on the activities of the
Inspectors General.
5. Disclosing to the public when: the matter under investigation
has become public knowledge, or when the Inspector General determines
that such disclosure is necessary to preserve confidence in the
integrity of the OIG investigative process, or to demonstrate the
accountability of NASA officers, or employees, or other individuals
covered by this system, unless the Inspector General determines that
disclosure of the specific information in the context of a particular
case would constitute an unwarranted invasion of personal privacy.
6. Disclosing to the news media and public when there exists a
legitimate public interest (e.g., to provide information on events in
the criminal process, such as indictments), or when necessary for
protection from imminent threat to life or property, unless the
Inspector General determines that disclosure of the specific
information in the context of a particular case would constitute an
unwarranted invasion of personal privacy.
7. Disclosing to any individual or entity, such as a witness or
subject matter expert, when necessary to elicit information that will
assist an OIG investigation.
8. Disclosing to complainants and/or victims to the extent
necessary to provide such persons with information and explanations
concerning the progress and/or results of the investigation or case
arising from the matters of which they complained and/or of which they
were a victim.
In addition, information may be disclosed under the following NASA
Standard Routine Uses wherein references to NASA shall be deemed to
include NASA OIG:
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 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,
[[Page 47191]]
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 as hard-copy documents and on
electronic media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Each OIG investigation is assigned a case number and all records
relating to a particular investigation are filed and retrieved by that
case number. Records may also be retrieved from the system by the name
of an individual.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained in Agency files and destroyed in accordance
with NASA Procedural Requirements (NPR) 1441.1, NASA Records Management
Program Requirements, and NASA Records Retention Schedules (NRRS)
1441.1, Schedule 9.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Electronic records are maintained on a secure NASA server until
migration to a secure cloud maintained by AWS. Paper and electronic
records are protected in accordance with all Federal standards and
those established in NASA regulations at 14 CFR 1212.605. Additionally,
server and data management environments employ infrastructure
encryption technologies both in data transmission and at rest on
servers. 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.
Approved security plans are in place for information systems 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:
System is exempt. NASA has published a rule, entitled ``Privacy
Act--NASA Regulations'' to establish procedures related to the Privacy
Act, including its exemptions relating to access, maintenance,
disclosure, and amendment of records which are in this NASA system of
records per the Privacy Act, promulgated at 14 CFR part 1212.501
(<a href="https://www.ecfr.gov/current/title-14/chapter-V/part-1212/subpart-1212.5/section-1212.501">https://www.ecfr.gov/current/title-14/chapter-V/part-1212/subpart-1212.5/section-1212.501</a>).
CONTESTING RECORD PROCEDURES:
See ``Records Access Procedures'' above.
NOTIFICATION PROCEDURES:
See ``Records Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
(1) The Inspector General Investigations Case Files system of
records is exempt from any part of the Privacy Act (5 U.S.C. 552 a),
EXCEPT the following subsections: (b) relating to conditions of
disclosure; (c)(1) and (2) relating to keeping and maintaining a
disclosure accounting; (e)(4)(A)--(F) relating to publishing a system
notice setting forth name, location, categories of individuals and
records, routine uses, and policies regarding storage, retrievability,
access controls, retention and disposal of the records; (e)(6), (7),
(9), (10), and (11) relating to the dissemination and maintenance of
records; (i) relating to criminal penalties. This exemption applies to
those records and information contained in the system of records
pertaining to the enforcement of criminal laws.
(2) To the extent that there may exist noncriminal investigative
files within this system of records, the Inspector General
Investigations Case Files system of records is exempt from the
following subsections of the Privacy Act (5 U.S.C. 552a): (c)(3)
relating to access to disclosure accounting, (d) relating to access to
reports, (e)(1) relating to the type of information maintained in the
records; (e)(4)(G), (H), and (I) relating to publishing the system
notice information as to agency procedures for access and amendment and
information as to the categories of sources of records, and (f)
relating to developing agency rules for gaining access and making
corrections.
The determination to exempt this system of records has been made by
the Administrator of NASA in accordance with 5 U.S.C. 552a (j) and (k)
and subpart 5 of the NASA regulations appearing in 14 CFR part 1212,
for the reason that a component of the Office of Inspector General,
NASA, performs as its principal function activities pertaining to the
enforcement of criminal laws, within the meaning of 5 U.S.C.
552a(j)(2).
HISTORY:
<bullet> (15-115, 80 FR 79937, pp. 79937-79947)
<bullet> (13-149, 78 FR 77503, pp. 77503-77508)
<bullet> (09-085, 74 FR 50247, pp. 50247-50255)
<bullet> (07-081, 72 FR 55817, pp. 55817-55833)
<bullet> (04-060, 69 FR 25613, pp. 25613-25615)
<bullet> (99-155, 64 FR 69556, pp. 69556-69571)
[[Page 47192]]
<bullet> (98-007, 63 FR 4290, pp. 4290-4306)
[FR Doc. 2023-15482 Filed 7-20-23; 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 July 21, 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.