[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63073-63076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24867]


=======================================================================
-----------------------------------------------------------------------

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[NOTICE: (21-072)]


Privacy Act of 1974; System of Records

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Notice of a Modified System of Records.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, the 
National Aeronautics and Space Administration is issuing public notice 
of its proposal to significantly alter a previously noticed system of 
records Reasonable Accommodation (RA) Records/NASA 10RAR to include the 
provision of religious accommodations under Title VII of the Civil 
Rights Act of 1964. The prior notice exclusively addressed reasonable 
accommodations for employees or applicants with disabilities but is 
being revised to include both types of accommodation requests. This 
notice adds two new authorities, expands categories of records, updates 
technical safeguards, updates system and subsystem managers. It adds 
one location, revises two and deletes two routine uses, all that are 
unique to this system. This notice incorporates locations and NASA 
standard routine uses that were previously published separately from, 
and cited by reference in, this and other NASA systems of records 
notices. Finally, it revises and adds to previously published Standard 
Routine Uses. Further details are 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: Patti F. Stockman, Privacy Act Officer, Office of the Chief 
Information Officer, Mary W. Jackson NASA Headquarters, Washington, DC 
20546-0001, (202) 358-4787, [email protected].

FOR FURTHER INFORMATION CONTACT: NASA Privacy Act Officer, Patti F. 
Stockman, (202) 358-4787, [email protected].

SUPPLEMENTARY INFORMATION: One of the most significant changes to the 
notice is that it now includes requests made by employees or applicants 
for religious accommodations in accordance with Title VII of the Civil 
Rights Act of 1964. The information collected will be used to document 
and evaluate a request for accommodation. The prior notice exclusively 
addressed reasonable accommodations for employees or applicants with 
disabilities but is being revised to include medical and religious 
accommodation requests. This system notice therefore adds both 42 
U.S.C. 2000e et seq. and 29 CFR pt. 1605 as authorities. It deletes 
Routine Uses 1 and 3 unique to this system of records

[[Page 63074]]

as they are duplicated by NASA's Standard Routine Uses; revises newly 
renumbered Routine Use 1 that is unique to this system of records to 
indicate release of records from appeals by either employees or 
applicants; and revises renumbered Routine Use 3 that is unique to this 
system of records to allow disclosure of records to Federal officials 
or their assignees responsible for ensuring compliance under Title VII 
of the Civil Rights Act. This notice expands categories of records to 
include information associated with accommodation based on sincerely 
held religious beliefs, practices, or observances. It adds a new cloud 
location; and updates System Manager(s) and Physical Safeguards to 
reflect current manager titles and current information technology 
security protocols. 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. This notice revises Standard Routine Use 4 to 
clarify conditions under which NASA will release records to a legal 
body for a proceeding involving NASA and revises Standard Routine Use 5 
to clarify potential release of records to legal or administrative 
bodies in the course of civil or legal proceedings. This notice revises 
Standard Routine Use 6 and adds new Standard Routine Use 9, both to 
enable the Agency to release records as necessary (1) to respond to a 
breach of the agency's personally identifiable information (PII) or (2) 
to assist another agency in response to a breach of its PII. Finally, 
this notice adds new Standard Routine Uses 10 and 11 allowing release 
to other agencies to aid their functions of inspection, audit or 
oversight as authorized by law. Finally, minor revisions to NASA's 
existing system of records notice bring its format into compliance with 
OMB guidance and update records access, notification, and contesting 
procedures consistent with NASA Privacy Act regulations.

Cheryl Parker,
Federal Register Liaison Officer.

SYSTEM NAME AND NUMBER:
    Reasonable Accommodation (RA) Records, NASA 10RAR.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Amazon Web Services, 410 Terry Avenue North, Seattle, WA 98109;
    Mary W. Jackson NASA Headquarters, Washington, DC 20546-0001;
    Ames Research Center (NASA), Moffett Field, CA 94035-1000;
    Armstrong Flight Research Center (NASA), PO Box 273, Edwards, CA 
93523-0273;
    John H. Glenn Research Center at Lewis Field (NASA), 21000 
Brookpark Road, Cleveland, OH 44135-3191;
    Goddard Space Flight Center (NASA), Greenbelt, MD 20771-0001;
    Lyndon B. Johnson Space Center (NASA), Houston, TX 77058-3696;
    John F. Kennedy Space Center (NASA), Kennedy Space Center, FL 
32899-0001;
    Langley Research Center (NASA), Hampton, VA 23681-2199;
    George C. Marshall Space Flight Center (NASA), Marshall Space 
Flight Center, AL 35812-0001;
    John C. Stennis Space Center (NASA), Stennis Space Center, MS 
39529-6000;
    NASA Shared Services Center (NSSC), Building 5100, Stennis Space 
Center, MS 39529-6000; and
    Wallops Flight Facility (NASA), Wallops Island, VA 23337.

SYSTEM MANAGER(S):
    Associate Administrator, Office of Diversity and Equal Opportunity 
(ODEO), NASA Headquarters (see System Location above for address).
    Subsystem Managers: ODEO Director, Diversity and Data Analytics 
Division; and Agency Disability Program Manager at NASA Headquarters 
(see System Location above for address);
    Center ODEO Directors and Center Disability Program Managers, at:
    NASA Ames Research Center (see System Location above for address);
    NASA Armstrong Flight Research Center (see System Location above 
for address);
    NASA Glenn Research Center (see System Location above for address);
    NASA Goddard Space Flight Center (see System Location above for 
address);
    NASA Headquarters (see System Location above for address);
    NASA Johnson Space Center (see System Location above for address);
    NASA Kennedy Space Center (see System Location above for address);
    NASA Langley Research Center (see System Location above for 
address);
    NASA Marshall Space Flight Center (see System Location above for 
address);
    NASA Stennis Space Center (see System Location above for address);
    NASA Shared Services Center (NSSC) (see System Location above for 
address); and
    Wallops Flight Facility (see System Location above for address).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. 791 et seq.; 42 U.S.C. 12101 et seq.; 42 U.S.C. 2000e et 
seq.; 44 U.S.C. 3101; 51 U.S.C. 20113(a); Exec. Order No. 11478; Exec. 
Order No. 13164; 29 CFR pt. 1605; 29 CFR pt. 1614; 29 CFR pt. 1630.

PURPOSE(S) OF THE SYSTEM:
    This system is maintained for the purpose of considering, deciding 
and implementing requests for reasonable accommodation made by NASA 
employees and applicants for employment.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system maintains records of requests by (1) NASA employees; or 
(2) applicants for employment who are seeking reasonable accommodation 
and also contains the disposition of such requests.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may include, but are not limited to: Requests for 
reasonable accommodation including supporting documents for such 
requests; information concerning the nature of the disability or 
religious belief, practice, or observance and the need for 
accommodation; medical records or other substantiating documentation; 
notes or records made during evaluation of such requests; requests for 
reconsideration or internal Agency appeals; and disposition all 
requests and appeals.

RECORD SOURCE CATEGORIES:
    Individuals themselves; Associate Administrator for Diversity and 
Equal Opportunity, and all designees, including NASA Center E.O. 
Directors and Center Disability Program Managers; EEOC officials.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORES 
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) To an authorized appeal grievance 
examiner, formal complaints examiner, administrative judge, equal 
employment opportunity investigator, arbitrator or other duly 
authorized official engaged in investigation or settlement of a 
grievance, complaint or appeal filed by an employee or applicant; (2) 
to first aid and safety personnel, when appropriate, if the disability 
might require emergency treatment; (3) to Federal

[[Page 63075]]

Government officials or any of their assignees charged with the 
responsibility of investigating NASA's compliance with The 
Rehabilitation Act of 1973, as amended, or the Genetic Information 
Nondiscrimination Act of 2008 (GINA), or Title VII of the Civil Rights 
Act; (4) to the Office of Management and Budget (OMB), Department of 
Labor (DOL), Office of Personnel Management (OPM), Equal Employment 
Opportunity Commission (EEOC), or Office of Special Counsel (OSC) to 
obtain advice regarding statutory, regulatory, policy, and other 
requirements related to reasonable accommodation; and (5) in accordance 
with NASA standard routine uses as set forth here.
    In addition, the following routine uses of information contained in 
SORs, subject to the Privacy Act of 1974, are standard for many NASA 
systems. Any disclosures of information will be compatible with the 
purpose for which the Agency collected the information.
    Standard Routine Use No. 1--In the event this system of records 
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 
issued pursuant thereto, the relevant records in the SOR may be 
referred to the appropriate agency, whether Federal, State, local or 
foreign, charged with the responsibility of investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute, or rule, regulation or order issued pursuant thereto.
    Standard Routine Use No. 2--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.
    Standard Routine Use No. 3--A record from this SOR may be disclosed 
to a Federal agency, in response to its request, in connection with 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.
    Standard Routine Use No. 4--A record from this system may be 
disclosed to the Department of Justice including United States Attorney 
Offices, or other federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
the record is relevant or necessary to the litigation or the agency has 
an interest in such litigation when (a) the Agency, or any component 
thereof; or (b) any employee or former employee of the Agency in his or 
her official capacity; or (c) any employee of the Agency in his or her 
individual capacity where the Department of Justice or the Agency has 
agreed to represent the employee; or (d) the United States, where the 
Agency determines that litigation is likely to affect the Agency or any 
of its components, is a party to litigation or has an interest in such 
litigation, and the use of such records by the Department of Justice or 
the Agency is deemed by the Agency to be relevant and necessary to the 
litigation.
    Standard Routine Use No. 5--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 to the proceeding; or in an appropriate proceeding 
before an administrative or adjudicative body when the adjudicator 
determines the records to be relevant to the proceeding.
    Standard Routine Use No. 6--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.
    Standard Routine Use No. 7--A record from this system may be 
disclosed to contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the federal government, when 
necessary to accomplish an Agency function related to this system of 
records.
    Standard Routine Use No. 8--A record from this system may be 
disclosed to a Member of Congress or staff acting upon the Member's 
behalf when the Member or staff requests the information on behalf of, 
and at the request of, the individual who is the subject of the record.
    Standard Routine Use No. 9--A record from this system 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.
    Standard Routine Use No. 10--To the National Archives and Records 
Administration (NARA) or the General Services Administration (GSA) 
pursuant to records management inspections being conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    Standard Routine Use No. 11--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 hard-copy and 
electronically, and within Agency-wide Intranet database and tracking 
system.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in the system are retrieved by name of the employee or 
applicant requesting accommodation, case identification number, or NASA 
Center from which the request originated.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained and destroyed in accordance with NPR 1441.1 
NASA Records Retention Schedules, Schedule 3 Item 2.6.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Electronic records are maintained on secure NASA servers and 
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

[[Page 63076]]

servers. Electronic messages sent within and outside of the Agency 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. Non-electronic records are 
secured in locked rooms or locked file cabinets.

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. 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:
    None.

HISTORY:
    (15-117, 80 FR 246, pp. 79947-79949)
    (15-068, 80 FR 193, pp. 60410-60411)
    (11-091, 76 FR 200, pp. 64112-64114)

[FR Doc. 2021-24867 Filed 11-12-21; 8:45 am]
BILLING CODE 7510-13-P