Privacy Act of 1974; Establishment of a System of Records

NATIONAL SCIENCE FOUNDATION

Privacy Act of 1974; Establishment of a System of Records

AGENCY: National Science Foundation (NSF).

ACTION: Notice of establishment of a Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the Office of Polar Programs (OPP)

of the NSF is establishing a system of records. This action covers

records in the agency's Antarctic Conservation Act Files.

EFFECTIVE DATES: This action will be effective without further notice

on March 10, 1994, unless comments are received that would result in a

contrary determination.

ADDRESSES: Interested persons may submit written comments to Herman

Fleming, Division of Contracts, Policy and Oversight, National Science

Foundation, 4201 Wilson Boulevard, Room 1265, Arlington, Virginia

22230.

FOR FURTHER INFORMATION CONTACT:

Herman Fleming, Privacy Act Officer, at (703) 306-1243.

SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act of 1974 (5

U.S.C. 552a), as amended, notice is given that the NSF proposes to

establish a system of records identified as:

NSF-56--Antarctic Conservation Act Files

Title 5 U.S.C. 552a(e) (4) and (11) provide that the public be

provided a 30-day comment period in which to comment on a new record

system.

Dated: January 26, 1994.

Herman G. Fleming,

Reports Clearance and Privacy Act Officer, National Science Foundation.

NSF-56

Antarctic Conservation Act Files.

Office of Polar Programs, National Science Foundation, 4201 Wilson

Boulevard, Arlington, VA 22230.

Individuals who have applied for permits pursuant to the Antarctic

Conservation Act, and/or individuals who have been contacted regarding

Antarctic Conservation Act compliance. This includes but is not limited

to individuals who have sought Antarctic Conservation Act permits.

All documents and correspondence related to the individual's

contact with the Antarctic Conservation Act system, including the

permitting process, and investigations pertaining to compliance.

16 U.S.C. 2401, et seq. (Pub. L. 95-452, as amended, 5 U.S.C. app.)

Information from this system may be disclosed to:

(1) Federal agencies involved in enforcing or implementing the

Antarctic Conservation Act;

(2) A court, administrative or other adjudicative body, involved in

enforcement of the Antarctic Conservation Act;

(3) Federal, state, or local agencies, or foreign governments,

where disclosure is necessary in order to obtain records in connection

with an investigation of the Office of Polar Programs;

(4) Other Federal agencies in response to the issuance of a

security clearance, the award of a contract, or the issuance of a

license, grant, or other benefit by the requesting agency to the extent

that the record is relevant;

(5) A Federal agency where the records are relevant to an agency

decision with regard to disciplinary or other administrative action

concerning their employee;

(6) The Merit Systems Protection Board (including the Office of the

Special Counsel), in order to carry out its agency's functions;

(7) Persons, including witnesses, who may have information,

documents or knowledge relevant to an Antarctic Conservation Act

investigation or enforcement proceeding;

(8) Grantee institutions in the event that Antarctic Conservation

Act violations are alleged against the institution or researchers in

connection with investigation or enforcement proceedings;

(9) Contractors, in the event an Antarctic Conservation Act

violations is alleged against the contractor, its employees, or its

subcontractors in connection with investigation or enforcement

proceedings;

(10) Contractors performing duties on behalf of the agency when

relevant to the performance of their duties;

(11) To parties who have lawfully subpoenaed these records;

(12) To the Department of Justice for consultation in processing

Freedom of Information Act requests;

(13) In the event of litigation where the defendant is (a) any

component of the NSF, or any employee of the NSF acting in official

capacity; (b) the United States, where the NSF determines that the

claim, if successful, is likely to affect directly the operations of

the NSF, or any NSF components, or (c) any NSF employee acting in

official capacity where the Department of Justice and/or the Office of

General Counsel of the NSF have agreed to represent such an employee,

these records may be disclosed to assist in the preparation of an

effective defense; or

(14) To a congressional office in response to an inquiry from the

congressional office made at the request of the individual whose

records are sought.

Paper records are stored in file cabinets; automated data, if any,

is stored in the Office of Polar Program's Office, which is secured.

The records are retrieved by the name of the subject, or by a

unique control number assigned to each investigation or permit

application.

These records are available only to those persons whose official

duties require such access. The records are kept in limited access

areas during duty hours and in locked file cabinets at other times.

The files are kept indefinitely.

Thomas F. Forhan, Polar Coordination and Information Section,

Office of Polar Programs, National Science Foundation, 4201 Wilson

Boulevard, room 740, Arlington, VA 22230.

To determine whether this system of records contains a record

pertaining to the requesting individual, write to the system manager at

the above address.

See notification procedure.

Individuals desiring to contest or amend information maintained in

this system of records should write to the system manager at the above

address.

Information in these records is obtained from applicants for

permits, NSF staff and NSF records, and from non-NSF persons and

records, to the extent necessary to carry out the duties described in

the Antarctic Conservation Act. Individuals to be interviewed and

records to be examined are selected according to the criteria described

explicitly and implicitly in the Antarctic Conservation Act.

[FR Doc. 94-2787 Filed 2-7-94; 8:45 am]

BILLING CODE 7555-01-M