Privacy Act of 1974; System of Records, 11479-11481 [2023-03749]

Agencies

• National Aeronautics and Space Administration

[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11479-11481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03749]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice: (23-009)]


Privacy Act of 1974; System of Records

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Notice of a new 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 new system of records entitled Opportunities and 
Associated Reviewers (OAAR). The notice incorporates all NASA locations 
and NASA standard routine uses. 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 [email protected].

FOR FURTHER INFORMATION CONTACT: NASA Privacy Act Officer, Bill 
Edwards-Bodmer, 757-864-3292, or [email protected].

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 part 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.

Cheryl Parker,
Federal Register Liaison Officer.

SYSTEM NAME AND NUMBER:
    Opportunities and Associated Reviewers, NASA 10OAAR.

SECURITY CLASSIFICATION:
    Unclassified; Classified.

SYSTEM LOCATION:
     Mary W. Jackson NASA Headquarters, National Aeronautics 
and Space Administration, Washington, DC 20546-0001.
     NASA Shared Services Center, Building 1111, Jerry Hlass 
Road, Stennis Space Center, MS 39529.

SYSTEM MANAGER(S):
     Mission Directorates' Official Representative(s), NASA 
Research and Education Support Services, Mary W. Jackson NASA 
Headquarters--Washington, DC 20546-0001.
     Grants Activities Branch Chief, NASA Shared Services 
Center (NSSC) Stennis Space Center, MS 39529-6000.
     Director, NASA Partnerships Mary W. Jackson NASA 
Headquarters--Washington, DC 20546-0001.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
     51 U.S.C. 20113(a).
     44 U.S.C. 3101.
     Title 2 of The Code of Federal Regulations.
     The Foundations for Evidence-Based Policymaking Act of 
2019.
     Grant Reporting Efficiency and Agreements Transparency Act 
of 2019.
     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).
     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.
     The American Innovation and Competitiveness Act (Pub. L. 
114-329; Section 303(b)).
     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.
    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.

[[Page 11480]]

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 
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.

[[Page 11481]]

    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:
    None.

[FR Doc. 2023-03749 Filed 2-22-23; 8:45 am]
BILLING CODE 7510-13-P