[Federal Register Volume 69, Number 15 (Friday, January 23, 2004)]
[Rules and Regulations]
[Page 3235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1210]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1260

RIN 2700-AC74


NASA Grant and Cooperative Agreement Handbook--Investigative 
Requirements

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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SUMMARY: This final rule amends the Grant and Cooperative Agreement 
Handbook by revising the ``Investigative Requirements'' provision to 
require recipients of grants and cooperative agreements to ensure that 
individuals needing access to a NASA Center, facility, or computer 
system, or to NASA technical information, provide the personal 
background and biographical information requested by NASA.

EFFECTIVE DATE: January 23, 2004.

FOR FURTHER INFORMATION CONTACT: Paul Brundage, NASA Headquarters, Code 
HK, Washington, DC, (202) 358-0481, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    NASA sometimes, albeit infrequently, requires information for 
investigations of individuals working on grants and cooperative 
agreements in order to determine whether to permit, deny, or restrict 
access to a NASA Center, facility, or computer system, or to NASA 
technical information. The provision at 1260.35, Investigative 
Requirements, is inserted in all grants and cooperative agreements to 
ensure recipients provide the information requested by NASA for any 
required investigation. This change is needed because recipients of 
grants and cooperative agreements, especially educational institutions, 
often do not maintain or have access to the types of information 
required by the provision at 1260.35 about their staff, faculty, and 
students because of policy and legal restrictions. Instead of requiring 
the recipient to obtain and submit personal information, this final 
rule makes it clear that the individuals needing access may provide the 
requisite information directly to NASA. This final rule also clarifies 
that access is to NASA Centers, facilities, computer systems, and NASA 
technical information.
    NASA published a proposed rule in the Federal Register at 68 FR 
48838 on August 15, 2003. One public comment was received. The 
commenter suggested that the provision clarify the procedure to be 
followed in the event that required access is denied or delayed. This 
commenter proposed that the following sentences be added: ``Should 
Recipient personnel who require such access for this project be denied 
required access or required approvals are not provided in a timely 
manner, NASA and Recipient shall discuss alternatives for the conduct 
of the work in a manner that would eliminate the need for individual 
access to the NASA site. If a satisfactory resolution is not achieved, 
this Agreement may be terminated in accordance with termination clause 
in A-110.''
    NASA has considered the comment and takes the opinion that it is 
not necessary to amend the Investigative Requirements provision, as 
requested, because the termination provisions of the NASA Grant and 
Cooperative Agreement Handbook already address the procedures to be 
followed in the event that required access is denied or delayed.
    This final rule makes an editorial change to the proposed rule by 
changing ``will'' to ``may'' in the last sentence of paragraph (a) of 
the Investigative Requirements provision.

B. Regulatory Flexibility Act

    NASA certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
because the changes will affect an insignificant number of grants and 
cooperative agreements.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this final rule 
does not impose any new recordkeeping or information collection 
requirements, or collection of information from offerors, contractors, 
or members of the public that require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in CFR Part 1260

    Grant Programs--Science and Technology.

Tom Luedtke,
Assistant Administrator for Procurement.

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Accordingly, 14 CFR part 1260 is amended as follows:
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1. The authority citation for 14 CFR 1260 continues to read as follows:

    Authority: 42 U.S.C. 2473(c)(1), Pub. L. 97-258, and 96 Stat. 
1003 (31 U.S.C. Sec.  6301, et seq.).

PART 1260--GRANTS AND COOPERATIVE AGREEMENT

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2. Section 1260.35 is revised to read as follows:


Sec.  1260.35  Investigative Requirements.

INVESTIGATIVE REQUIREMENTS

January 2004
    (a) NASA reserves the right to perform security checks and to deny 
or restrict access to a NASA Center, facility, or computer system, or 
to NASA technical information, as NASA deems appropriate. To the extent 
the Recipient needs such access for performance of the work, the 
Recipient shall ensure that individuals needing such access provide the 
personal background and biographical information requested by NASA. 
Individuals failing to provide the requested information may be denied 
such access.
    (b) All requests to visit a NASA Center or facility must be 
submitted in a timely manner in accordance with instructions provided 
by that Center or facility.
[End of provision]
[FR Doc. 04-1210 Filed 1-22-04; 8:45 am]
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