Privacy Act of 1974; System of Records, 53533-53535 [2023-16902]

Agencies

• National Aeronautics and Space Administration

[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Pages 53533-53535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16902]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[NOTICE: 23-087]


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: Pursuant to the provisions of the Privacy Act of 1974, the 
National Aeronautics and Space Administration is issuing public notice 
of its proposal to make minor modifications to the previously noticed 
system of records, Reasonable Accommodation (RA) Records/NASA 10RAR. 
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: 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 notice incorporates minor textual edits to NASA Standard 
Routine Uses and minor formatting revisions to align with OMB guidance.

William Edwards-Bodmer,
NASA Privacy Act Officer.

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

SECURITY CLASSIFICATION:
    Unclassified.

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); E.O. 11478; E.O. 13164; 29 
CFR part 1605; 29 CFR part 1614; 29 CFR part 1630.

[[Page 53534]]

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 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) 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 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; and (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.
    In addition, the following Standard Routine Uses of information 
contained in Systems of Records (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 NASA 
collected the information.
    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, 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

[[Page 53535]]

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 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 
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:
    (21-072, 86 FR 217, pp. 63073-63076)
    (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. 2023-16902 Filed 8-7-23; 8:45 am]
BILLING CODE 7510-13-P