[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30163-30166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09934]


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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.

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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 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

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Information Officer, National Aeronautics and Space Administration 
Headquarters, Washington, DC 20546-0001, (757) 864-7998, [email protected].

FOR FURTHER INFORMATION CONTACT: NASA Privacy Act Officer, Bill 
Edwards-Bodmer, (757) 864-7998, [email protected].

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:
     Mary W. Jackson NASA Headquarters, National Aeronautics 
and Space Administration (NASA), Washington, DC 20546-0001.
     Amazon Web Services (AWS): 410 Terry Avenue North, 
Seattle, WA 98109.

SYSTEM MANAGER(S):
     System Manager: Principal Agency FOIA Officer, Office of 
Communications, Mary W. Jackson NASA Headquarters, National Aeronautics 
and Space Administration (NASA), Washington, DC 20546-0001.
     Subsystem Managers: See https://www.nasa.gov/FOIA/Contacts.html for a list of NASA FOIA Offices.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
     51 U.S.C. 20113(a).
     44 U.S.C. 3101.
     5 U.S.C. 552.
     5 U.S.C. 552a.
     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

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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

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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:
     (15-115, 80 FR 79937, PP. 79937-79947).
     (11-109, 76 FR 67763, pp. 67763-67764).
     (07-081, 72 FR 55817, pp. 55817-55833).
     (06-021, 71 FR 15477, pp. 15477-15478).

[FR Doc. 2023-09934 Filed 5-9-23; 8:45 am]
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