NASA Notice: Privacy Act of 1974; Proposed Revisions to a Privacy Act System of Records
[Federal Register: May 7, 2004 (Volume 69, Number 89)]
[Notices]
[Page 25613-25615]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my04-94]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Notice (04-060)]
Privacy Act of 1974; Proposed Revisions to a Privacy Act System of Records
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Notice of proposed revisions to an existing Privacy Act system
of records.
SUMMARY: The National Aeronautics and Space Administration proposes to
revise an existing system of records titled “Inspector General
Investigations Case Files” (NASA 10IGIC), last published on December
13, 1999 (64 FR 69561). This system of records is being revised to
comply with requirements established by the Homeland Security Act of
2002 (Pub. L. 107-296, Nov. 25, 2002) and to update routine uses. The
new routine uses allow the disclosure of information to authorized
officials within the President’s Council on Integrity and Efficiency
(PCIE), who are charged with the responsibility for conducting
qualitative assessment reviews of OIG operations for the purpose of
reporting to the President and Congress on the activities of the OIG;
disclosure of information to the public under certain enumerated
circumstances; and disclosure of information to the news media and the
public when there is a genuine public interest or when necessary for
protection from imminent threat to life or property. Minor changes are
the addition of grantee employees to the categories of individuals
covered by the system, addition of research misconduct and
whistleblower protection investigations to the categories of records in
the system, elimination of inapplicable authorities for maintenance of
the system, a revision to routine use 1 to add the Office of Management
and Budget and other organizations in the Executive Office of the
President; removal of one subsystem manager because the position is no
longer part of the Office of Inspector General as well as addition of
new subsystem managers; and correcting the address for Location 16 in
Appendix A.
DATES: This proposed action will be effective without further notice on
July 6, 2004, unless comments are received which result in a contrary
determination.
ADDRESSES: Elizabeth Richardson, Associate Counsel to the Inspector
General, Office of Inspector General, National Aeronautics and Space
Administration Headquarters, Washington, DC 20456-0001.
FOR FURTHER INFORMATION CONTACT: Elizabeth Richardson, Associate
Counsel to the Inspector General, Office of the Inspector General,
National Aeronautics and Space Administration Headquarters, Washington,
DC 20546-0001, (202) 358-2548.
SUPPLEMENTARY INFORMATION: This publication is in accordance with the
Privacy Act requirement that agencies publish their amended systems of
records in the Federal Register when there is a revision, change, or
addition. NASA’s Office of Inspector General (OIG) has reviewed its
systems of records notices and has determined that its record system,
Inspector General Investigations Case Files (NASA 10IGIC), must be
revised to add a routine use in order to comply with the Homeland
Security Act of 2002. Specifically, section 812, subsection (7) of that
Act reads as follows: “To ensure the proper exercise of the law
enforcement powers authorized by this subsection, the Offices of
Inspector General described under paragraph (3) shall, not later than
180 days after the date of enactment of this subsection, collectively
enter into a memorandum of understanding to establish an external
review process for ensuring that adequate internal safeguards and
management procedures continue to exist within each Office and within
any Office that later receives an authorization under paragraph (2).
The review process shall be established in consultation with the
Attorney General, who shall be provided with a copy of the memorandum
of understanding that establishes the review process. Under the review
process, the exercise of the law enforcement powers by each Office of
Inspector General shall be reviewed periodically by another Office of
Inspector General or by a committee of Inspectors General. The results
of each review shall be communicated in writing to the applicable
Inspector General and to the Attorney General.” The additional routine
use would allow the disclosure of information to authorized officials
within the PCIE, the Department of Justice, and the Federal Bureau of
Investigation, as necessary, for the purpose of conducting qualitative
assessment reviews of the OIG’s investigative operations to ensure that
adequate internal safeguards and management procedures are maintained.
Patti F. Stockman,
NASA Privacy Act Officer.
NASA 10IGIC
System Name:
Inspector General Investigations Case Files.
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:
Locations 1 through 11, 14, 16 and 17 as set forth in Appendix A.
Categories of Individuals Covered By the System:
Current and former employees of NASA, contractors, and
subcontractors, 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) 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 under the Federal
Acquisition Simplification Act and the Federal Acquisition Regulation.
Authority for Maintenance of the System:
42 U.S.C. 2473; 44 U.S.C. 3101; 5 U.S.C. Appendix 3.
Purpose(s):
Information in this system of records is collected in the course of
investigating alleged crimes and other violations of law or regulation
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.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
The following are routine uses: (1) Responding to the White House,
the Office of Management and Budget, and other organizations in the
Executive Office of the President regarding matters inquired of; (2)
disclosure to a congressional office from the record of an individual
in response to a written inquiry from the congressional office made at
the request of that individual; (3) providing data to Federal
intelligence elements; (4) providing data to any source from which
information is requested in the course of an investigation, to the
extent necessary to identify the individual, inform the source of the
nature and purpose of the investigation, and to identify the type of
information requested; (5) providing personal identifying data to
Federal, State, local, or foreign law enforcement representative
seeking confirmation of identity of persons under investigations; (6)
disclosing, as necessary, to a contractor, subcontractor, or grantee
firm or institution, to the extent that the disclosure is in NASA’s
interest and is relevant and necessary in order that the contractor,
subcontractor, or grantee is able to take administrative or corrective
action; (7) disclosing to any official (including members of the
President’s Council on Integrity and Efficiency 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 OIG operations; (8) disclosing to members of the
President’s Council on Integrity and Efficiency for the preparation of
reports to the President and Congress on the activities of the
Inspectors General; (9) 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; (10) 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; (11)
standard routine uses 1 through 4 inclusive as set forth in Appendix B.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Hard-copy documents and electronic media.
Retrievability:
Information is retrieved by name of the individual.
Safeguards:
Information is kept in locked cabinets and in secured vaults and
computer rooms. Information stored on computers is on a restricted-
access server and is protected by an official password and user
identification. Access is limited to Inspector General personnel with
an official need to know.
Retention and Disposal:
Records are maintained in Agency files and destroyed in accordance
with NASA Procedures and Guidelines (NPR) 1441.1, NASA Records
Retention Schedules, Schedule 9. Files containing information of an
investigative nature but not related to a specific investigation are
destroyed in accordance with NPR 1441.1. Significant case files are
scheduled for disposition with the National Archives and Records
Administration when closed. All other case files are destroyed 10 years
after file is closed.
System Manager(s) and Address:
Assistant Inspector General for Investigations, Location 1.
Subsystem Managers: Special and Resident Agents in Charge, Location
2, 4 through 11 inclusive, 14, 16, and 17 as set forth in Appendix A.
Noti
fication Procedure:
None. System is exempt (see below).
Record Access Procedures:
None. System is exempt (see below).
Contesting Record Procedures:
None. System is exempt (see below).
Record Source Categories:
Exempt.
Exemptions Claimed for the System:
(1) The Inspector General Investigations Case Files systems of
records is exempt from any part of the Privacy Act (5 U.S.C. 552a),
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 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). * * *
[[Page 25615]]
Appendix A–Location Numbers and Mailing Addresses of NASAInstallations
at Which Records Are Located
Location 1
NASA Headquarters, National Aeronautics and Space
Administration,Washington, DC 20546-0001.
Location 2
Ames Research Center, National Aeronautics and Space
Administration, Moffett Field, CA 94035-1000.
Location 3
Dryden Flight Research Center, National Aeronautics and
SpaceAdministration, PO Box 273, Edwards, CA 93523-0273.
Location 4
Goddard Space Flight Center, National Aeronautics and
SpaceAdministration, Greenbelt, MD 20771-0001.
Location 5
Lyndon B. Johnson Space Center, National Aeronautics and
SpaceAdministration, Houston, TX 77058-3696.
Location 6
John F. Kennedy Space Center, National Aeronautics and
SpaceAdministration, Kennedy Space Center, FL 32899-0001.
Location 7
Langley Research Center, National Aeronautics and
SpaceAdministration, Hampton, VA 23681-2199.
Location 8
John H. Glenn Research Center at Lewis Field,
NationalAeronautics and Space Administration, 21000 Brookpark Road,
Cleveland, OH 44135-3191.
Location 9
George C. Marshall Space Flight Center, National Aeronautics
andSpace Administration, Marshall Space Flight Center, AL 35812-
0001.
Location 10
HQ NASA Management Office–JPL, National Aeronautics and
SpaceAdministration, 4800 Oak Grove Drive, Pasadena, CA 91109-8099.
Location 11
John C. Stennis Space Center, National Aeronautics and
SpaceAdministration, Stennis Space Center, MS 39529-6000.
Location 12
JSC White Sands Test Facility, National Aeronautics and
SpaceAdministration, PO Drawer MM, Las Cruces, NM 88004-0020.
Location 13
GRC Plum Brook Station, National Aeronautics and
SpaceAdministration, Sandusky, OH 44870.
Location 14
MSFC Michoud Assembly Facility, National Aeronautics and
SpaceAdministration, PO Box 29300, New Orleans, LA 70189.
Location 15
NASA Independent Verification and Validation Facility
(NASAIV&V), 100 University Drive, Fairmont, WV 26554.
Location 16
New Jersey Post of Duty, 402 E. State Street, Suite 3036,
Trenton, NJ 08608.
Location 17
Western Field Office, Glenn Anderson Federal Building, 501
WestOcean Blvd., Long Beach, CA 90802-4222.
[FR Doc. 04-10400 Filed 5-6-04; 8:45 am]
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