[Federal Register Volume 59, Number 26 (Tuesday, February 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2787]


[[Page Unknown]]

[Federal Register: February 8, 1994]


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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.

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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