[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X94-10127]

[[Page Unknown]]

[Federal Register: January 27, 1994]



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.


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 

    Dated: January 19, 1994.
Herman G. Fleming,
Reports Clearance and Privacy Act Officer, National Science Foundation.
    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, 
    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 
    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 
    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 
    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]