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 (NFS).

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

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SUMMARY: Notice is hereby given that the Office of the General Counsel

(OGC) of the NSF is establishing a system of records. This action

covers records in the agency's Debarment/Scientific Misconduct Files.

EFFECTIVE DATES: This action will be effective without further notice

on February 28, 1994, unless comments are received that would result in

a contrary determination.

ADDRESSES: Interested persons may submit written comments to Anita

Eisenstadt, Office of the General Counsel, National Science Foundation,

4201 Wilson Boulevard, Room 1265, Arlington, Virginia 22230.

FOR FURTHER INFORMATION CONTACT: Anita Eisenstadt, Assistant General

Counsel, at (703) 306-1060.

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-55, Debarment/

Scientific Misconduct 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 19, 1994.

Herman G. Fleming,

Reports Clearance and Privacy Act Officer, National Science Foundation.

NSF-55

Debarment/Scientific Misconduct Files.

Office of the Director, National Science Foundation, Arlington,

Virginia 22230.

Persons, including applicants for NSF grants and contracts, NSF

grantees, contractors, and principal investigators, who are the subject

of suspension, debarment or scientific misconduct proceedings.

Case files on persons considered for debarment, suspension, or

misconduct in science, including communications between the Agency and

the respondent, inter-agency and intra-agency communications regarding

proposed or completed debarments or suspensions or misconduct in

science, investigative files, witness statements and affidavits, staff

working papers, testimony transcripts, hearing exhibits, and a record

of any findings.

Section 11(a), National Science Foundation Act of 1950, as amended

(42 U.S.C. 1870(a); Federal Acquisition Regulation (FAR) 9.4; 48 CFR

ch. 25; 45 CFR parts 620 and 689; Executive Order 12549 (February 18,

1986).

Information contained in this system of records is used to protect

the Federal Government from the actions prohibited under the

Foundation's scientific misconduct, debarment and suspension

regulations, make decisions regarding debarment, suspension, and

misconduct in science, ensure that other Federal agencies give effect

to debarment and suspension decisions rendered by the Foundation and

ensure that the Foundation gives effect to debarment and suspension

decisions rendered by other Federal agencies.

Information from this system may be disclosed to:

1. The General Services Administration to compile and maintain the

``Lists of Parties Excluded from Federal Procurement or Nonprocurement

Programs''.

2. A congressional office in response to an inquiry from the

congressional office on behalf of a person for information pertaining

to that person.

3. A Federal, state, or local government agency, in response to its

request, or at NSF's initiative, when relevant to that agency's civil

or criminal statutory, administrative, regulatory, enforcement,

investigative, or prosecutorial purpose.

4. A Federal agency involved in debarment or scientific misconduct

actions involving the same person.

5. Federal, State, or local government agencies where those parties

may have information the Foundation seeks to obtain in connection with

a scientific misconduct, suspension, or debarment action.

6. A Federal agency in response to its request in connection with

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

the issuance of a license or permit or other benefit by the requesting

agency.

7. A Federal agency where records in this system of records pertain

to the hiring or retention of an employee, or disciplinary action or

other administrative action concerning an employee.

8. The Department of Justice or a court or other adjudicative body,

when information from the system is relevant to litigation or

anticipated litigation and one of the following is a party or potential

party in the matter: (a) A National Science Foundation; (b) a National

Science Foundation employee in his or her official capacity or a

current or former National Science Foundation employee when the

Department of Justice is considering representing the person in his or

her official capacity; (c) the United States or another Federal, State

or local agency and the National Science Foundation determines that the

litigation or anticipated litigation will affect the National Science

Foundation.

9. An awardee institution, at the request of that institution or at

NSF's initiative.

10. Other persons involved in or affected by the suspension,

debarment or scientific misconduct action, including witnesses, awardee

institutions, or any other person who has information, documents, or

knowledge relevant to the suspension, debarment, or scientific

misconduct action.

11. NSF merit review groups or peer reviewers if the information

bears directly on a person's scientific integrity or if necessary to

provide an accurate account of relevant facts.

12. A Federal, State or local agency, Federal contractor or

grantee, for the purpose of verifying the identity of an individual

debarred or suspended by the Foundation.

13. The Department of Justice for the purpose of obtaining advice

on whether particular records are required to be disclosed under the

Freedom of Information Act.

These records consist of file folders stored in file cabinets.

These records are retrieved by the name of the individuals.

Records are accessible only by authorized Foundation personnel.

These records are maintained for an indefinite duration.

General Counsel, National Science Foundation, Office of the General

Counsel, 4201 Wilson Boulevard, room 1265, Arlington, Virginia 22230.

Individuals seeking to determine whether information about

themselves is contained in the system should write to the system

manager at the above address.

See ``notification procedures'' above.

Individuals wishing to contest the contents of records in this

system should contact the system manager at the above address.

Federal, State and local officials, private persons, respondents

and their legal representatives.

[FR Doc. 1724 Filed 1-26-94; 8:45 am]

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