[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Notices]
[Pages 50255-50257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23497]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice 09-087]


Privacy Act of 1974; Privacy Act System of Records

AGENCY: National Aeronautics and Space Administration (NASA).

[[Page 50256]]


ACTION: Notice of proposed revisions to an existing Privacy Act system 
of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5 
U.S.C. 552a), the National Aeronautics and Space Administration is 
issuing public notice of its proposal to modify its existing system of 
records NASA 10EEOR, ``Equal Opportunity Records.'' System 
modifications are set forth below under the caption SUPPLEMENTARY 
INFORMATION.

DATES: Submit comments within 30 calendar days from the date of this 
publication. This system will be effective as proposed at the end of 
the comment period unless comments are received which would require a 
contrary determination.

ADDRESSES: Patti F. Stockman, Privacy Act Officer, Office of the Chief 
Information Officer, National Aeronautics and Space Administration 
Headquarters, Washington, DC 20546-0001, (202) 358-4787, <a href="/cdn-cgi/l/email-protection#07494654462a57464861616e646275476966746629606871"><span class="__cf_email__" data-cfemail="4b050a180a661b0a042d2d22282e390b252a382a652c243d">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: NASA Privacy Act Officer, Patti F. 
Stockman, (202) 358-4787, <a href="/cdn-cgi/l/email-protection#357b7466741865747a53535c565047755b5446541b525a43"><span class="__cf_email__" data-cfemail="246a6577650974656b42424d474156644a4557450a434b52">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: NASA is modifying 10EEOR, as provided below, 
to include additional authorities for maintenance of the system of 
records; to better clarify the categories of individuals on whom 
records are maintained, the records source categories, how the records 
are retrieved and retained, the safeguards for protecting the records; 
and to specify additional routine uses.

Bobby L. German,
NASA Chief Information Officer (Acting).
NASA 10EEOR

SYSTEM NAME:
    Equal Opportunity (EO) Records.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Locations 1-9, 11, and 18, as set forth in Appendix A.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system maintains information on current and former employees 
and applicants for employment who have entered the informal counseling 
process, who have filed formal complaints, and who have requested 
reasonable accommodations.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Equal Employment Opportunity (EEO) informal counseling and formal 
complaint records; records of requests for reasonable accommodation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. 791 et seq., The Rehabilitation Act of 1973, as amended; 
42 U.S.C. 2473; 42 U.S.C. 12101 et seq.; 44 U.S.C. 3101; Exec. Order 
No. 11,478 (Aug. 8, 1969), 3 CFR 803 (1966-1977), 34 FR 12,985 (Aug. 
12, 1969); 29 CFR pt. 1614, Federal Sector Equal Employment 
Opportunity; 5 CFR pts. 1200-1202, Merit Systems Protection Board; 
Americans with Disabilities Act of 1990, as amended, including changes 
made by the ADA Amendments Act of 2008 (Pub. L. 110-325).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Any disclosures of information will be compatible with the purpose 
for which the Agency collected the information. The following are 
routine uses: (1) Disclosures to the Equal Employment Opportunity 
Commission (EEOC) and the Merit Systems Protection Board (MSPB) to 
facilitate their processing of discrimination complaints, including 
investigations, hearings, and reviews on appeals; (2) responses to 
other Federal agencies and other organizations having legal and 
administrative responsibilities related to the NASA Office of Diversity 
and Equal Opportunity and to individuals in the record; (3) disclosures 
may be made to a Congressional office from the record of an individual 
in response to a written inquiry from the Congressional office made on 
behalf of the individual; and (4) disclosures to first aid and safety 
personnel, when appropriate, if the disability might require emergency 
treatment; (5) disclosures to Federal Government officials charged with 
the responsibility of investigating NASA's compliance with The 
Rehabilitation Act of 1973, as amended; (6) disclosures to those 
outside the Agency who have the expertise in determining the 
appropriateness of the reasonable accommodation. To the greatest extent 
possible, personally-identifiable information will be deleted; and (7) 
NASA standard routine uses as set forth in Appendix B.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are maintained as hard-copy and electronic 
documents.

RETRIEVABILITY:
    Hard copy records are retrieved by the complainant's name. 
Electronic records are accessed by name, case number, nature of the 
complaint, or stage of the complaint in the process.

SAFEGUARDS:
    Hard copy records are locked in file cabinets or in secured rooms 
with access limited to those whose official duties require access. 
Electronic data are maintained within locked areas either on disks or 
in electronic repositories behind approved firewalls with password 
protected access limited to those whose official duties require access.

RETENTION AND DISPOSAL:
    Records are maintained in Agency files and can be destroyed in 
accordance with NPR 1441.1 NASA Records Retention Schedules, Schedule 3 
Item 2.5/E.

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant Administrator for Diversity and Equal Opportunity, 
Location 1. Subsystem Managers: Center Equal Opportunity (EO) 
Directors/Officers, at locations 1-9, 11, and 18, as set forth in 
Appendix A.

NOTIFICATION PROCEDURE:
    Information may be obtained from the cognizant system or subsystem 
managers listed above.

RECORD ACCESS PROCEDURES:
    Requests from individuals should be addressed to the same address 
as stated in the Notification section above.

CONTESTING RECORD PROCEDURES:
    The NASA regulations for access to records and for contesting 
contents and appealing initial determinations by the individual 
concerned appear at 14 CFR part 1212.

RECORD SOURCE CATEGORIES:
    Individuals themselves; Assistant Administrator for Diversity and 
Equal Opportunity, and all designees, including NASA Center EO 
Directors; Center complaints managers/coordinators; EEO counselors, 
specialists, and investigators; EEOC officials and MSPB officials.

Appendix A

Location Numbers and Mailing Addresses of NASA Installations at Which 
Records Are Located

    Location 1.
    NASA Headquarters, National Aeronautics and Space 
Administration, Washington, DC 20546-0001.
    Location 2.

[[Page 50257]]

    Ames Research Center, National Aeronautics and Space 
Administration, Moffett Field, CA 94035-1000.
    Location 3.
    Dryden Flight Research Center, National Aeronautics and Space 
Administration, PO Box 273, Edwards, CA 93523-0273.
    Location 4.
    Goddard Space Flight Center, National Aeronautics and Space 
Administration, Greenbelt, MD 20771-0001.
    Location 5.
    Lyndon B. Johnson Space Center, National Aeronautics and Space 
Administration, Houston, TX 77058-3696.
    Location 6.
    John F. Kennedy Space Center, National Aeronautics and Space 
Administration, Kennedy Space Center, FL 32899-0001.
    Location 7.
    Langley Research Center, National Aeronautics and Space 
Administration, Hampton, VA 23681-2199.
    Location 8.
    John H. Glenn Research Center at Lewis Field, National 
Aeronautics and Space Administration, 21000 Brookpark Road, 
Cleveland, OH 44135-3191.
    Location 9.
    George C. Marshall Space Flight Center, National Aeronautics and 
Space Administration, Marshall Space Flight Center, AL 35812-0001.
    Location 10.
    HQ NASA Management Office-JPL, National Aeronautics and Space 
Administration, 4800 Oak Grove Drive, Pasadena, CA 91109-8099.
    Location 11.
    John C. Stennis Space Center, National Aeronautics and Space 
Administration, Stennis Space Center, MS 39529-6000.
    Location 12.
    JSC White Sands Test Facility, National Aeronautics and Space 
Administration, P.O. Drawer MM, Las Cruces, NM 88004-0020.
    Location 13.
    GRC Plum Brook Station, National Aeronautics and Space 
Administration, Sandusky, OH 44870.
    Location 14.
    MSFC Michoud Assembly Facility, National Aeronautics and Space 
Administration, P.O. Box 29300, New Orleans, LA 70189.
    Location 15.
    NASA Independent Verification and Validation Facility (NASA 
IV&V), 100 University Drive, Fairmont, WV 26554.
    Location 16.
    New Jersey Post of Duty, 402 East State Street, Trenton, NJ 
08608.
    Location 17.
    Western Field Office, Glenn Anderson Federal Building, 501 West 
Ocean Blvd., Long Beach, CA 90802-4222.
    Location 18.
    NASA Shared Services Center (NSSC), Building 5100, Stennis Space 
Center, MS 39529-6000.

Appendix B

Standard Routine Uses--NASA

    The following routine uses of information contained in SORs, 
subject to the Privacy Act of 1974, are standard for many NASA 
systems. They are cited by reference in the paragraph ``Routine uses 
of records maintained in the system, including categories of users 
and the purpose of such uses'' of the Federal Register Notice on 
those systems to which they apply.
    Standard Routine Use No. 1--LAW ENFORCEMENT--In the event this 
system of records 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 issued pursuant thereto, the relevant 
records in the SOR may be referred, as a routine use, to the 
appropriate agency, whether Federal, State, local or foreign, 
charged with the responsibility of investigating or prosecuting such 
violation or charged with enforcing or implementing the statute, or 
rule, regulation or order issued pursuant thereto.
    Standard Routine Use No. 2--DISCLOSURE OF REQUESTED 
INFORMATION--A record from this SOR may be disclosed as a ``routine 
use'' 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.
    Standard Routine Use No. 3--DISCLOSURE OF REQUESTED 
INFORMATION--A record from this SOR may be disclosed to a Federal 
agency, in response to its request, in connection with 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.
    Standard Routine Use No. 4--DISCLOSURE TO THE DEPARTMENT OF 
JUSTICE FOR USE IN LITIGATION--It shall be a routine use of the 
records in this system of records to disclose them to the Department 
of Justice when (a) the Agency, or any component thereof; or (b) any 
employee of the Agency in his or her official capacity; or (c) any 
employee of the Agency in his or her individual capacity where the 
Department of Justice or the Agency has agreed to represent the 
employee; or (d) the United States, where the Agency determines that 
litigation is likely to affect the Agency or any of its components, 
is a party to litigation or has an interest in such litigation, and 
the use of such records by the Department of Justice or the Agency 
is deemed by the Agency to be relevant and necessary to the 
litigation provided, however, that in each case it has been 
determined that the disclosure is compatible with the purpose for 
which the records were collected.
    Standard Routine Use 5--ROUTINE USE FOR AGENCY DISCLOSURE IN 
LITIGATION--It shall be a routine use of the records in this system 
of records to disclose them in a proceeding before a court or 
adjudicative body before which the agency is authorized to appear, 
when: (a) The Agency, or any component thereof; or (b) any employee 
of the Agency in his or her official capacity; or (c) any employee 
of the Agency in his or her individual capacity where the Agency has 
agreed to represent the employee; or (d) the United States, where 
the Agency determines that litigation is likely to affect the Agency 
or any of its components, is a party to litigation or has an 
interest in such litigation, and the use of such records by the 
Agency is deemed to be relevant and necessary to the litigation, 
provided, however, that in each case, the Agency has determined that 
the disclosure is compatible with the purpose for which the records 
were collected.
    Standard Routine Use No. 6--SUSPECTED OR CONFIRMED 
CONFIDENTIALITY COMPROMISE--A record from this SOR may be disclosed 
to appropriate agencies, entities, and persons when (1) NASA 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) NASA 
has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by NASA or another agency or entity) that rely upon the 
compromised information; 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 compromise and prevent, minimize, or remedy such harm.

[FR Doc. E9-23497 Filed 9-29-09; 8:45 am]
BILLING CODE 7510-13-P


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