Privacy Act of 1974; System of Records
Primary source
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Issuing agencies
Abstract
The National Science Foundation (NSF) proposes to establish two new systems of records: NSF-78 "NSF Staff and Visitor Medical Information" and NSF-79 "Health Program Records." NSF-78 "NSF Staff and Visitor Medical Information" will contain workplace safety and personnel information collected from NSF staff and visitors in response to a health-related declaration of a national emergency by the President, a public health emergency declared by the Secretary of the Department of Health and Human Services (HHS) or other designated federal official, or a designated state official. NSF-79 "Health Program Records" will contain medical information from NSF staff and visitors who use the services of the NSF Health Unit or other NSF health programs. Such services may include routine well visits, occupational health, travel clearances, immunizations, and health assessments.
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<title>Federal Register, Volume 86 Issue 222 (Monday, November 22, 2021)</title>
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[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66340-66345]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25339]
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NATIONAL SCIENCE FOUNDATION
Privacy Act of 1974; System of Records
AGENCY: National Science Foundation.
ACTION: Notice of two new systems of records.
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SUMMARY: The National Science Foundation (NSF) proposes to establish
two new systems of records: NSF-78 ``NSF Staff and Visitor Medical
Information'' and NSF-79 ``Health Program Records.'' NSF-78 ``NSF Staff
and Visitor Medical Information'' will contain workplace safety and
personnel information collected from NSF staff and visitors in response
to a health-related declaration of a national emergency by the
President, a public health emergency declared by the Secretary of the
Department of Health and Human Services (HHS) or other designated
federal official, or a designated state official. NSF-79 ``Health
Program Records'' will contain medical information from NSF staff and
visitors who use the services of the NSF Health Unit or other NSF
health programs. Such services may include routine well visits,
occupational health, travel clearances, immunizations, and health
assessments.
DATES: Persons wishing to comment on the changes set out in this notice
may do so on or before December 22, 2021.
Effective Date: This action will be effective without further
notice on December 22, 2021 unless modified by subsequent notice to
incorporate comments received from the public.
ADDRESSES: You may submit comments, identified by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Email: Sarita Marshall, Branch Chief, at <a href="/cdn-cgi/l/email-protection#e59684888497968d84a58b9683cb828a93"><span class="__cf_email__" data-cfemail="f98a9894988b8a9198b9978a9fd79e968f">[email protected]</span></a>.
<bullet> Mail: Sarita Marshall, Branch Chief, Division of Human
Resource Management, National Science Foundation, 2415 Eisenhower Ave.,
Alexandria, VA 22331.
Instructions: NSF will post all comments on the NSF's website
(<a href="https://www.nsf.gov/policies/privacy_act.jsp">https://www.nsf.gov/policies/privacy_act.jsp</a>). 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 systems of records NSF-78 and NSF-79,
please contact Sarita Marshall, Branch Chief, at 202-292-8767, or via
email at <a href="/cdn-cgi/l/email-protection#750614181407061d14351b06135b121a03"><span class="__cf_email__" data-cfemail="d5a6b4b8b4a7a6bdb495bba6b3fbb2baa3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NSF is publishing NSF-78 ``NSF Staff and
Visitor Medical Information'' to provide notice to individuals
regarding the collection, maintenance, use and disclosure of health
screening and contact tracing information collected from and about NSF
staff and visitors, including those working at or visiting
[[Page 66341]]
NSF or an NSF-sponsored event outside of the headquarters location. For
purposes of this SORN, ``NSF staff'' includes NSF federal employees,
Intergovernmental Personnel Act (IPA) assignees, Visiting Scientists,
Engineers, and Educators (VSEEs), NSF contractors, non-NSF government
personnel or contractors, interns, fellows, and volunteers. NSF is
collecting this information to protect the health of NSF staff and
visitors, including those who seek to enter the NSF facility and/or
were physically present in the facility and came in close proximity to
or had physical contact with NSF staff and/or visitors who, at the
time, were infected or had symptoms of infection with a communicable
disease.
Health screening information will be used to reduce the risk that
individuals with symptoms consistent with a communicable disease will
enter the NSF facility or event and infect NSF staff and/or visitors
with a communicable disease. Contact tracing information will be used
to identify other NSF staff and/or visitors who were present in the NSF
facility and in close proximity to or had physical contact with NSF
staff and/or visitors who, at the time, were infected or had symptoms
of infection with a communicable disease.
The proposed system of records will have an effect on individual
privacy because personally identifiable information, including medical
information, is required to conduct health screening, to identify
persons who have or may have been exposed to or infected with a
communicable disease (e.g., to reduce risk by allowing them to work
from home or use leave, as needed), and to identify other persons with
whom an infected person might have had contact in the NSF facility or
another facility hosting a NSF-sponsored event. In order to reduce the
risk to individual privacy, NSF is minimizing dissemination of the
information it maintains. For example, if NSF staff or visitors test
positive for a communicable disease and reveal this information to NSF
(or NSF acquires this information from another source), their identity
will not be disclosed to other persons with whom they came in close
physical contact unless otherwise authorized by law.
NSF is publishing NSF-79 ``Health Program Records'' to provide
notice to individuals regarding the collection, maintenance, use and
disclosure of medical and health related information collected from NSF
staff and visitors who use the services of the NSF Health Unit and/or
other NSF health-related programs and initiatives. For purposes of this
SORN, ``NSF staff'' includes NSF federal employees, Intergovernmental
Personnel Act (IPA) assignees, Visiting Scientists, Engineers, and
Educators (VSEEs), NSF contractors, non-NSF government personnel or
contractors, interns, fellows, and volunteers. The primary purposes of
the collection and maintenance of these records is to allow NSF,
including the NSF Health Unit, to provide medical evaluation and
treatment of patients, comply with laws and policies regarding the
reporting of communicable diseases, support personnel-related matters,
and allow NSF staff to participate in NSF health programs. A new
electronic record keeping system will support electronic registration
of new patients as well as the capability for patients 24/7 access
their medical records.
SYSTEM NAME AND NUMBER:
NSF Staff and Visitor Medical Information, NSF-78.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
National Science Foundation, 2415 Eisenhower Ave., Alexandria, VA
22314.
SYSTEM MANAGER(S):
Branch Chief, Division of Human Resource Management, 2415
Eisenhower Ave., Alexandria, VA 22314
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Occupational Safety and Health Act (OSHA) of 1970, Public Law 91-
596, Section 19(a) (29 U.S.C. 668(a)); Executive Order 12196
(Occupational Safety and Health Programs for Federal Employees), 5
U.S.C. 7902(d); 29 U.S.C. 668, 29 CFR part 1904, 29 CFR 1910.1020, and
29 CFR 1960.66; Executive Orders 12196 (Occupational Safety and Health
Programs for Federal Employees), 13991 (Protecting the Federal
Workforce and Requiring Mask-Wearing), 14042 (Ensuring Adequate Safety
COVID Protocols for Contractors), and 14043 (Requiring Coronavirus
Disease 2019 Vaccination for Federal Employees); OMB Memorandum M-21-
15, COVID-19 Safe Federal Workplace: Agency Model Safety Principles;
OMB Memorandum M-21-25, Integrating Planning for a Safe Increased
Return of Federal Employees and Contractors to Physical Workplaces with
Post-Reentry Personnel Policies and Work Environments; updated COVID-19
Workplace Safety: Agency Model Safety Principles, issued by the Safer
Federal Workforce Task Force; the National Science Foundation Act of
1950 (Pub. L. 81-507, sec. 11), including policies and agreements
authorized and issued thereunder; and other authorities, including
title VII of the Civil Rights Act of 1964, the Rehabilitation Act of
1973, Executive Order 13164 (Establishing Procedures to Facilitate the
Provision of Reasonable Accommodation), and Equal Employment
Opportunity Commission (EEOC) regulations (29 CFR parts 1601 et seq.),
as applicable.
PURPOSE(S) OF THE SYSTEM:
NSF intends to collect the information in the system to assist NSF
with maintaining a safe and healthy workplace, to (1) protect
individuals in the NSF facility, including NSF-sponsored events outside
of the NSF facility, from risks associated with a public health
emergency; (2) to plan and respond to workplace and personnel
flexibilities needed during a public health emergency; (3) to
facilitate NSF's cooperation with public health authorities; (4) to
perform contact tracing investigations of and notifications to NSF
staff and visitors known or suspected of exposure to communicable
diseases who came in close physical proximity to or had physical
contact with other persons while working in or visiting the NSF
facility; and (5) to comply with OSHA recordkeeping and reporting
requirements.
Contact tracing is defined as the identification, monitoring, and
support of an affected individual (an individual in the NSF facility
with confirmed or probable exposure to a public health emergency
contaminant), and identification and contact of a potentially affected
individual (an individual who was in contact with an affected
individual or exposed to a public health emergency contaminant while in
the NSF facility or at an NSF-sponsored event outside of the NSF
facility).
NSF may collect this information in response to a declaration of
public health emergency by the Secretary of HHS. Under section 319 of
the Public Health Service Act, the Secretary of HHS may declare that:
(a) A disease or disorder presents a public health emergency; or (b)
that a public health emergency, including significant outbreaks of
infectious disease or bioterrorist attacks, otherwise exists. When the
Secretary of HHS determines that a public health emergency exists, NSF
must respond to protect the health of its workforce. NSF's response
will depend on the nature of the particular public health emergency but
may include collecting information from NSF staff and visitors.
[[Page 66342]]
NSF may also collect this information when it determines that the
spread of a communicable disease presents a significant risk of
substantial harm to the health of NSF staff or visitors. NSF will
consider any public health emergency declared by state or local
officials in making such a determination. In other circumstances, even
in the absence of a health-related declaration of national emergency or
declaration of public health emergency (HHS or state level), NSF may
collect this information where it determines that the spread of a
communicable disease presents a significant risk of substantial harm to
the health of NSF staff or visitors.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system covers NSF federal employees, individuals working in
the NSF facility or on official NSF business, including
Intergovernmental Personnel Act (IPA) assignees, Visiting Scientists,
Engineers, and Educators (VSEEs), NSF contractors, non-NSF government
personnel or contractors, interns, fellows, and volunteers. Other
categories of individuals covered by the system include visitors to the
NSF facility and potentially affected individuals at NSF-sponsored
events outside of the NSF facility or otherwise present during official
NSF business. The system also covers individuals listed as emergency
contacts for such individuals.
CATEGORIES OF RECORDS IN THE SYSTEM:
NSF Staff and Visitor Medical Information may include
identification and contact information such as name, address, work or
personal phone number(s), work or personal email address(es),
organization (directorate/division), date of birth, medical reports,
assessments, vaccination status, testing status (where and when it
occurred; status of results), test type, test results, disease type,
health status, approximate date of exposure, last date physically
present in the NSF facility or at an NSF-sponsored event, name of
facility visited (if outside of the NSF facility), areas of the NSF or
other facility (if an NSF event outside of the NSF facility) traversed,
areas and objects touched, workplace contacts, names of persons who had
physical contact with or was in prolonged close physical proximity to
infected/potentially infected persons, extended proximity event time
and date, number of events, number of individuals in an event, number
of individuals at location, dates and locations of domestic and
international travel, and related information and documents collected
for the purpose of screening and contact tracing, including
attestations regarding vaccination, testing and treatment status. In
addition, relevant personal information may be collected from
individuals to assist NSF in making a determination regarding an
employee's request for an exception to a vaccination requirement and/or
other reasonable accommodations.
RECORD SOURCE CATEGORIES:
Records are obtained through paper forms, interviews, or
electronically from NSF staff, visitors, or individuals who attend an
NSF-sponsored event. With regard to contact tracing, information may be
collected from individuals infected or potentially infected while
physically present in the NSF facility or at an NSF-sponsored event,
other individuals with whom an infected or potentially infected
individual had close contact, other federal or state agencies,
physicians (as allowed by law or with consent from the individual),
visitors or their employers, and NSF staff and visitors who maintain
(manually or electronically) a log or report of their close physical
contacts (and the duration of that contact) while in the NSF facility
to individuals designated by NSF.
Information is also collected from security systems monitoring
access to Agency facilities (such as video surveillance and key card
logs), human resources systems, emergency notification systems, and
federal, state, and local agencies assisting with the response to a
public health emergency.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
The following NSF standard routine uses apply:
1. Members of Congress. Information from a system may be disclosed
to congressional offices in response to inquiries from the
congressional offices made at the request of the individual to whom the
record pertains.
2. Freedom of Information Act/Privacy Act Compliance. Information
from a system may be disclosed to the Department of Justice or the
Office of Management and Budget in order to obtain advice regarding
NSF's obligations under the Freedom of Information Act and the Privacy
Act.
3. Counsel. Information from a system may be disclosed to NSF's
legal representatives, including the Department of Justice and other
outside counsel, where the agency is a party in litigation or has an
interest in litigation and the information is relevant and necessary to
such litigation, including when any of the following is a party to the
litigation or has an interest in such litigation: (a) NSF, or any
component thereof; (b) any NSF employee in his or her official
capacity; (c) any NSF employee in his or her individual capacity, where
the Department of Justice has agreed to, or is considering a request
to, represent the employee; or (d) the United States, where NSF
determines that litigation is likely to affect the agency or any of its
components.
4. National Archives, General Services Administration. Information
from a system may be disclosed to representatives of the General
Services Administration and the National Archives and Records
Administration (NARA) during the course of records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
5. Response to an Actual or Suspected Compromise or Breach of
Personally Identifiable Information. NSF may disclose information from
the system to appropriate agencies, entities, and persons when: (a) NSF
suspects or has confirmed that there has been a breach of the system of
records; (2) NSF has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals; NSF (including
its information systems, programs, and operations); the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with NSF efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm. Furthermore, NSF
may disclose information from the system to another Federal agency or
Federal entity, when NSF determines that information from this system
of records is reasonably necessary to assist the recipient agency or
entity in: (1) Responding to a suspected or confirmed breach; or (2)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
6. Courts. Information from a system may be disclosed to the
Department of Justice or other agencies in the event of a pending court
or formal administrative proceeding, when the information is relevant
and necessary to that proceeding, for the purpose of representing the
government, or in the course of presenting evidence, or the information
may be produced to parties
[[Page 66343]]
or counsel involved in the proceeding in the course of pre-trial
discovery.
7. Contractors. Information from a system may be disclosed to
contractors, agents, experts, consultants, or others performing work on
a contract, service, cooperative agreement, job, or other activity for
NSF and who have a need to access the information in the performance of
their duties or activities for NSF.
8. Audit. Information from a system may be disclosed to government
agencies and other entities authorized to perform audits, including
financial and other audits, of the agency and its activities.
9. Law Enforcement. Information from a system may be disclosed,
where the information indicates a violation or potential violation of
civil or criminal law, including any rule, regulation or order issued
pursuant thereto, to appropriate Federal, State, or local agencies
responsible for investigating, prosecuting, enforcing, or implementing
such statute, rule, regulation, or order.
10. Disclosure When Requesting Information. Information from a
system may be disclosed to Federal, State, or local agencies which
maintain civil, criminal, or other relevant enforcement information or
other pertinent information, such as current licenses, if necessary, to
obtain information relevant to an agency decision concerning the hiring
or retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit.
11. To the news media and the public when: (1) A matter has become
public knowledge, (2) the NSF Office of the Director determines that
disclosure is necessary to preserve confidence in the integrity of NSF
or is necessary to demonstrate the accountability of NSF's officers,
employees, or individuals covered by this system, or (3) the Office of
the Director determines that there exists a legitimate public interest
in the disclosure of the information, except to the extent that the
Office of the Director determines in any of these situations that
disclosure of specific information in the context of a particular case
would constitute an unwarranted invasion of personal privacy.
In addition to the standard routine uses, information may be
disclosed as follows:
12. Federal agencies such as the HHS, state and local health
departments, and other public health or cooperating medical authorities
in connection with program activities and related collaborative efforts
to deal more effectively with exposures to communicable diseases, and
to satisfy mandatory reporting requirements when applicable.
13. Contractors to assist the agency in health screening and
contact tracing activities and assessing/revising/improving NSF
processes, procedures, performance, and implementation of health
screening and contact tracing activities.
14. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, to
the extent permitted by law for the purpose of protecting the vital
interests of a data subject or other persons, including to assist such
agencies or organizations in preventing exposure to or transmission of
a communicable or quarantinable disease or to combat other significant
public health threats.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored electronically in secure
facilities or on paper. Electronic records are maintained in a secure
password-protected environment. Permission level assignments will allow
internal agency users access only to those functions for which they are
authorized. All paper records are maintained in secure, access-
controlled areas or buildings. Paper records are stored in a locked
drawer, behind a locked door or at a secure offsite location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by an individual's name or other unique
personal identifier such as an email address.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
All data maintained by this system of records are retained and
destroyed in accordance with the NARA Records Schedule 2.7; item 020
(occupational injury and illness program records), and item 040
(workplace environmental monitoring and exposure records). Contact
tracing records will be maintained in the agency in accordance with
proposed retention schedules.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable law, rules, and policies, including all applicable NSF
automated systems security and access policies. Strict controls have
been imposed to minimize the risk of compromising the information that
is being stored. Access to the computer system containing the records
in this system is limited to those individuals who have a need to know
(including medical personnel under a contract agreement) the
information for the performance of their official duties. These records
are maintained in a secure password-protected environment. All users
are required to take annual NSF IT Security and Privacy Awareness
Training, which covers the procedures for handling Sensitive but
Unclassified Information, including personally identifiable information
(PII).
RECORD ACCESS PROCEDURES:
Individuals seeking to access information about themselves
contained in this system are required to follow the procedures found at
45 CFR part 613.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest information about themselves
contained in this system are required to follow the procedures found at
45 CFR part 613.
NOTIFICATION PROCEDURES:
Individuals requesting access to or contesting records contained in
this system will be notified according to the procures found at 45 CFR
part 613.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
SYSTEM NAME AND NUMBER:
Health Program Records, NSF-79.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
National Science Foundation, 2415 Eisenhower Ave., Alexandria, VA
22314.
SYSTEM MANAGER(S):
Branch Chief, Pay and Benefits Services, Division of Human Resource
Management 2415 Eisenhower Ave., Suite W 15000, Alexandria, VA 22314.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 7901 and the National Science Foundation Act of 1950 (Pub.
L. 81-507). To the extent that this system includes records relating to
requests for reasonable accommodations, see also title VII of the Civil
Rights Act of 1964, the Rehabilitation Act of 1973, Executive Order
13164 (Establishing Procedures to Facilitate the Provision of
Reasonable Accommodation), and Equal Employment Opportunity Commission
(EEOC) regulations (29 CFR parts 1601 et seq.), as applicable.
[[Page 66344]]
PURPOSE(S) OF THE SYSTEM:
Information in this system of records is collected and maintained
to document an individual's utilization of health services provided by
the NSF Health Unit and other NSF health programs. Data is necessary to
ensure proper evaluation, diagnosis, treatment, and referral to
maintain continuity of care; a medical history of care received by the
individual; planning for further care of the individual; a means of
communication among health care members who contribute to the
individual's care; and a legal document of health care rendered.
Information is also collected to help NSF coordinate with other
federal, state and local agencies when responding to health
emergencies, comply with laws regarding the reporting of communicable
disease, and address personnel matters such as review of medical
documentation submitted in support of requests for reasonable
accommodations on the basis of a disability or travel clearances.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system covers any individual who receives care at the NSF
Health Unit or by Health Unit staff, or other NSF health programs.
Covered individuals may include NSF federal employees, individuals
working in the NSF facility or on official NSF business, including
Intergovernmental Personnel Act (IPA) assignees, Visiting Scientists,
Engineers, and Educators (VSEEs), NSF contractors, non-NSF government
personnel or contractors, interns, fellows, volunteers, and visitors to
NSF headquarters.
CATEGORIES OF RECORDS IN THE SYSTEM:
Health screening data, patient medical records, and other
information provided to the Health Unit during the course of patient
intake and care, and/or information provided to other NSF health
programs that NSF may participate in. These records may include
personal data such as name; date of birth; address; telephone number;
email address; emergency contact information; information about and
obtained from and individual's physician; medical history; biographical
data including about family members; examination, diagnostic,
assessment, and treatment data; laboratory findings; nutrition and
dietetic files; nursing notes; immunization records; vaccination
records; and prescription information. In addition, this system may
contain relevant personal information that has been collected from
individuals to assist NSF in making a determination regarding the
individual's request for a medical exception to a vaccination
requirement and/or other reasonable accommodations requested on the
basis of a disability. See also SORN NSF-78.
RECORD SOURCE CATEGORIES:
Information in this system of records comes from the individual to
whom it applies; laboratory reports and test results; health unit
physicians, nurses, and other medical technicians who have examined,
tested, or treated the individual; the individual's personal physician;
other federal employee health units; and other federal, state and local
agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
The following NSF standard routine uses apply:
1. Members of Congress. Information from a system may be disclosed
to congressional offices in response to inquiries from the
congressional offices made at the request of the individual to whom the
record pertains.
2. Freedom of Information Act/Privacy Act Compliance. Information
from a system may be disclosed to the Department of Justice or the
Office of Management and Budget in order to obtain advice regarding
NSF's obligations under the Freedom of Information Act and the Privacy
Act.
3. Counsel. Information from a system may be disclosed to NSF's
legal representatives, including the Department of Justice and other
outside counsel, where the agency is a party in litigation or has an
interest in litigation and the information is relevant and necessary to
such litigation, including when any of the following is a party to the
litigation or has an interest in such litigation: (a) NSF, or any
component thereof; (b) any NSF employee in his or her official
capacity; (c) any NSF employee in his or her individual capacity, where
the Department of Justice has agreed to, or is considering a request
to, represent the employee; or (d) the United States, where NSF
determines that litigation is likely to affect the agency or any of its
components.
4. National Archives, General Services Administration. Information
from a system may be disclosed to representatives of the General
Services Administration and the National Archives and Records
Administration (NARA) during the course of records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
5. Response to an Actual or Suspected Compromise or Breach of
Personally Identifiable Information. NSF may disclose information from
the system to appropriate agencies, entities, and persons when: (a) NSF
suspects or has confirmed that there has been a breach of the system of
records; (2) NSF has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, NSF (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with NSF efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm. Furthermore, NSF
may disclose information from the system to another Federal agency or
Federal entity, when NSF determines that information from this system
of records is reasonably necessary to assist the recipient agency or
entity in: (1) Responding to a suspected or confirmed breach; or (2)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
6. Courts. Information from a system may be disclosed to the
Department of Justice or other agencies in the event of a pending court
or formal administrative proceeding, when the information is relevant
and necessary to that proceeding, for the purpose of representing the
government, or in the course of presenting evidence, or the information
may be produced to parties or counsel involved in the proceeding in the
course of pre-trial discovery.
7. Contractors. Information from a system may be disclosed to
contractors, agents, experts, consultants, or others performing work on
a contract, service, cooperative agreement, job, or other activity for
NSF and who have a need to access the information in the performance of
their duties or activities for NSF.
8. Audit. Information from a system may be disclosed to government
agencies and other entities authorized to perform audits, including
financial and other audits, of the agency and its activities.
9. Law Enforcement. Information from a system may be disclosed,
where the information indicates a violation or potential violation of
civil or criminal law, including any rule, regulation, or order issued
pursuant thereto, to appropriate Federal, State, or local
[[Page 66345]]
agencies responsible for investigating, prosecuting, enforcing, or
implementing such statute, rule, regulation, or order.
10. Disclosure When Requesting Information. Information from a
system may be disclosed to Federal, State, or local agencies which
maintain civil, criminal, or other relevant enforcement information or
other pertinent information, such as current licenses, if necessary, to
obtain information relevant to an agency decision concerning the hiring
or retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit.
11. To the news media and the public when: (1) A matter has become
public knowledge, (2) the NSF Office of the Director determines that
disclosure is necessary to preserve confidence in the integrity of NSF
or is necessary to demonstrate the accountability of NSF's officers,
employees, or individuals covered by this system, or (3) the Office of
the Director determines that there exists a legitimate public interest
in the disclosure of the information, except to the extent that the
Office of the Director determines in any of these situations that
disclosure of specific information in the context of a particular case
would constitute an unwarranted invasion of personal privacy.
In addition to the standard routine uses, information may be
disclosed as follows:
12. Medical personnel under a contract agreement with NSF.
13. To disclose information to a federal, state, or local agency to
the extent necessary to comply with laws governing reporting of
communicable disease.
14. Appropriate federal, state, or local agencies responsible for
investigation of an accident, disease, medical condition, or injury as
required by pertinent legal authority.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored electronically in secure
facilities or on paper. Electronic records are maintained in a secure
password-protected environment. Permission level assignments will allow
internal agency users access only to those functions for which they are
authorized. All paper records are maintained in secure, access-
controlled areas or buildings. Paper records are stored in a locked
drawer, behind a locked door or at a secure offsite location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by an individual's name or other unique
personal identifier such as an email address or phone number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
All data maintained by this system of records are retained and
destroyed in accordance with the NARA Records Schedule 2.7; item 010
(clinic scheduling records); items 060, 061, and 062 (occupational
individual medical case files); and item 070 (non-occupational
individual medical case files).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable law, rules, and policies, including all applicable NSF
automated systems security and access policies. Strict controls have
been imposed to minimize the risk of compromising the information that
is being stored. Access to the computer system containing electronic
records in this system is limited to those individuals who have a need
to know (including medical personnel under a contract agreement) the
information for the performance of their official duties. These records
are maintained in a secure password-protected environment. All users
are required to take annual NSF IT Security and Privacy Awareness
Training, which covers the procedures for handling Sensitive but
Unclassified Information, including personally identifiable information
(PII).
RECORD ACCESS PROCEDURES:
Individuals seeking to access information about themselves
contained in this system are required to follow the procedures found at
45 CFR part 613.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest information about themselves
contained in this system are required to follow the procedures found at
45 CFR part 613.
NOTIFICATION PROCEDURES:
Individuals requesting access to or contesting records contained in
this system will be notified according to the procures found at 45 CFR
part 613.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Dated: November 16, 2021.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science Foundation.
[FR Doc. 2021-25339 Filed 11-19-21; 8:45 am]
BILLING CODE 7555-01-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.