Privacy Act of 1974; System of Records, 47189-47192 [2023-15482]

Agencies

• National Aeronautics and Space Administration

[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47189-47192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15482]


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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.

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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, 
[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. 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.
     Mary W. Jackson NASA Headquarters, National Aeronautics 
and Space Administration (NASA), Washington, DC 20546-0001
     New Jersey Post of Duty, 402 East State Street, Trenton, 
NJ 08608
     Western Field Office, Glenn Anderson Federal Building, 501 
West Ocean Blvd., Long Beach, CA 90802-4222
     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:
     New Jersey Post of Duty, 402 East State Street, Trenton, 
NJ 08608
     Western Field Office, Glenn Anderson Federal Building, 501 
West Ocean Blvd., Long Beach, CA 90802-4222
     Rocky Mountain Post of Duty, 6430 S. Fiddlers Green 
Circle, Suite 350, Greenwood Village, CO 80111

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
     51 U.S.C. 20113--Powers of the Administration in 
performance of functions
     51 U.S.C. 20114--Administration and Department of Defense 
coordination
     44 U.S.C. 3101--Records management by agency heads; 
general duties
     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)

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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,

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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 
(https://www.ecfr.gov/current/title-14/chapter-V/part-1212/subpart-1212.5/section-1212.501).

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:
     (15-115, 80 FR 79937, pp. 79937-79947)
     (13-149, 78 FR 77503, pp. 77503-77508)
     (09-085, 74 FR 50247, pp. 50247-50255)
     (07-081, 72 FR 55817, pp. 55817-55833)
     (04-060, 69 FR 25613, pp. 25613-25615)
     (99-155, 64 FR 69556, pp. 69556-69571)

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     (98-007, 63 FR 4290, pp. 4290-4306)

[FR Doc. 2023-15482 Filed 7-20-23; 8:45 am]
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