83 FR 6885 - Privacy Act of 1974; System of Records

NATIONAL SCIENCE FOUNDATION

Federal Register Volume 83, Issue 32 (February 15, 2018)

The system of records Suspension, Debarment, and Research Misconduct Files NSF-55, contains records about persons considered for government-wide suspension, debarment, and/or research misconduct determination. The National Science Foundation (NSF) is proposing to add one new routine use and an additional statute in the authority section of this system of records.

[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Pages 6885-6887]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03155]


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NATIONAL SCIENCE FOUNDATION


Privacy Act of 1974; System of Records

AGENCY: National Science Foundation.

ACTION: Notice of a modified system of records.

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SUMMARY: The system of records Suspension, Debarment, and Research 
Misconduct Files NSF-55, contains records about persons considered for 
government-wide suspension, debarment, and/or research misconduct 
determination. The National Science Foundation (NSF) is proposing to 
add one new routine use and an additional statute in the authority 
section of this system of records.

DATES: Persons wishing to comment on the changes set out in this notice 
may do so on or before March 19, 2018.
    This action will be applicable without further notice on March 19, 
2018 unless

[[Page 6886]]

modified by subsequent notice to incorporate comments received from the 
public.

ADDRESSES: You may submit comments, identified by [docket number and/or 
RIN number ___], by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: The Acting Senior Agency Official for Privacy, 
Dorothy Aronson, at [email protected]. Include [docket number and/or RIN 
number ___] in the subject line of the message.
     Mail: Dorothy Aronson, Acting Senior Agency Official for 
Privacy, Office of Information and Resource Management, National 
Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314.
    Instructions: NSF will post all comments on the NSF's website 
(https://www.nsf.gov/policies/privacy_act.jsp). All comments submitted 
in response to this Notice will become a matter of public record. 
Therefore, you should submit only information that you wish to make 
publicly available.

FOR FURTHER INFORMATION CONTACT: If you wish to submit general 
questions about the proposed new routine use for NSF-55, please contact 
Dorothy Aronson, Acting Senior Agency Official for Privacy, at 
[email protected] or 703-292-8004.

SUPPLEMENTARY INFORMATION: Consistent with the American Innovation and 
Competitiveness Act, Public Law 114-329, NSF is proposing to modify the 
system by adding a new routine use that will allow NSF to notify other 
Federal science agencies of findings of research misconduct. In 
addition, the American Innovation and Competitiveness Act is being 
added to the ``authority for maintenance of the system'' section of the 
system of records notice.

SYSTEM NAME AND NUMBER
    Suspension, Debarment, and Research Misconduct Files, NSF-55.

Security Classification:
    None.

System Location:
    National Science Foundation headquarters, Virginia.

System Manager(s):
    General Counsel, Office of the General Counsel, NSF headquarters, 
Virginia.

Authority for Maintenance of the System:
    Section 11(a), National Science Foundation Act of 1950, as amended, 
42 U.S.C. 1870(a); Federal Acquisition Regulation (FAR), 2 CFR 180.800; 
45 CFR part 689; and E.O. 12549 (February 18, 1986); American 
Innovation and Competitiveness Act, Pub. L. 114-329.

Purpose(s) of the System:
    Information contained in this system of records is used to protect 
the federal government from the actions prohibited under applicable 
suspension, debarment, and research misconduct regulations; make 
decisions regarding suspension, debarment, and research misconduct; 
ensure that other federal agencies give effect to suspension, 
debarment, and research misconduct decisions rendered by NSF; and to 
ensure that NSF gives effect to suspension, debarment, and research 
misconduct decisions rendered by other Federal agencies.

Categories of Individuals Covered by the System:
    Persons, including applicants for NSF grants and contracts, NSF 
grantees, contractors, and principal investigators, who are the subject 
of suspension, debarment, or research misconduct proceedings.

Categories of Records in the System:
    Case files for persons considered for suspension, debarment or 
research misconduct; communications between the NSF and the respondent; 
interagency and intra-agency communications regarding proposed or 
completed suspensions, debarments, or research misconduct; 
investigative files; witness statements and affidavits; staff working 
papers; testimony transcripts; hearing exhibits; and records of any 
findings.

Record Source Categories:
    Federal, state, and local agency officials; the NSF Office of the 
Inspector General; private persons; and respondents and their legal 
representatives.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and Purposes of Such Uses:
    NSF standard routine uses apply. In addition, information may be 
disclosed to:
    (1) The General Services Administration (GSA) to compile and 
maintain the System for Award Management.
    (2) A federal agency involved in suspension, debarment or research 
misconduct actions involving the same person.
    (3) A federal, state, or local government agency to the extent 
necessary to allow NSF to obtain information maintained by those 
agencies in connection with a suspension, debarment, or research 
misconduct action.
    (4) Other persons involved in or affected by a suspension, 
debarment, or research misconduct actions, including witnesses, awardee 
institutions, to support NSF objectives.
    (5) A federal, state, local government agency, federal contractor, 
or grantee, for the purpose of verifying the identity of an individual 
NSF has suspended, debarred, or imposed actions upon pursuant to an 
administrative agreement or research misconduct determination.
    (6) Other Federal science agencies upon a finding that research 
misconduct has occurred. For purposes of this section ``Federal science 
agencies'' consists of the following agencies or agency components:
    (a) National Aeronautics & Space Administration.
    (b) Environmental Protection Agency.
    (c) Department of Health & Human Services--National Institutes of 
Health.
    (d) Department of the Interior--U.S. Geological Survey.
    (e) Department of Energy--Office of Science.
    (f) Department of Commerce--National Institute of Standards and 
Technology, National Oceanic & Atmospheric Administration.
    (g) Department of Agriculture--Agricultural Research Service, 
National Institute of Food and Agriculture, National Agricultural 
Statistics Services.
    (h) Department of Defense.
    (i) Department of Homeland Security--Directorate of Science and 
Technology, Domestic Nuclear Detection Office.
    (j) Department of Transportation--Federal Highway Administration, 
Federal Aviation Administration.
    (k) Department of Veteran Affairs.

Policies and Practices for Storage of Records:
    Records are stored in paper and/or on electronic digital media.

Policies and Practices for Retrieval of Records:
    Records are retrieved by the name of the person and/or entity being 
considered for suspension, debarment, or a finding of research 
misconduct.

Policies and Practices for Retention and Disposal of Records:
    Records are maintained and disposed of in accordance with NARA 
approved record schedules.

Administrative, Technical, and Physical Safeguards:
    Records are protected by administrative, technical, and physical 
safeguards administered by NSF.

[[Page 6887]]

Record Access Procedures:
    Follow the Requesting Access to Records procedures found at 45 CFR 
part 613.

Contesting Record Procedures:
    Follow the procedures found at 45 CFR part 613.

Notification Procedures:
    Follow the procedures found at 45 CFR part 613.

Exemptions Promulgated for the System:
    In accordance with 5 U.S.C. 552a(k)(2), investigative material in 
this system of records compiled for law enforcement purposes is exempt 
from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f) 
of 5 U.S.C. 552a, provided, however, that if any individual is denied 
any right, privilege, or benefit that he or she would otherwise be 
entitled to by federal law, or for which he or she would otherwise be 
eligible, as a result of the maintenance of these records, such 
material shall be provided to the individual, except to the extent that 
the disclosure of the material would reveal the identity of a source 
who furnished information to the government with an express promise 
that the identity of the source would be held in confidence.

History:
    An amendment to this system of records notice was last published in 
the Federal Register on June 10, 2016, 81 FR 37645-37654.

    Dated: February 12, 2018.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science Foundation.
[FR Doc. 2018-03155 Filed 2-14-18; 8:45 am]
BILLING CODE 7555-01-P