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Notice2026-22540

Privacy Act of 1974; System of Records

Primary source

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Published

November 5, 2026

Effective

December 7, 2026

Issuing agencies

National Science Foundation

Abstract

NSF proposes to establish Privacy Act systems of records to track and manage matters pertaining to the agency's awardee compliance program, reasonable accommodation program, and sexual assault and harassment prevention and response program. These systems support the agency's efforts to ensure that complaints and inquiries received or handled by these programs are timely and appropriately acknowledged, processed, and documented.

Full Text

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<title>Federal Register, Volume 91 Issue 213 (Thursday, November 5, 2026)</title>
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[Federal Register Volume 91, Number 213 (Thursday, November 5, 2026)]
[Notices]
[Pages 69888-69894]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22540]

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NATIONAL SCIENCE FOUNDATION

Privacy Act of 1974; System of Records

AGENCY: National Science Foundation.

ACTION: Notice of a new system of records.

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SUMMARY: NSF proposes to establish Privacy Act systems of records to
track and manage matters pertaining to the agency's awardee compliance
program, reasonable accommodation program, and sexual assault and
harassment prevention and response program. These systems support the
agency's efforts to ensure that complaints and inquiries received or
handled by these programs are timely and appropriately acknowledged,
processed, and documented.

DATES: Persons wishing to comment on these proposed agency systems may
do so on or before December 7, 2026. These new systems of records will
become final and effective without further notice on December 7, 2026
unless modified by subsequent notice to reflect public comments, if
any, on the proposed system(s).

ADDRESSES: You may submit comments on these proposed systems,
identified by ``NSF-84,'' ``NSF-85,'' and/or ``NSF-86,'' as applicable,
by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Docket number NSF-2026-OTR-0067. Follow the instructions for submitting
comments.
<bullet> Email: Tom Boger, Acting Senior Agency Official for
Privacy (SAOP), <a href="/cdn-cgi/l/email-protection#e494968d9285879da48a9782ca838b92">[email&#160;protected]</a>. Include ``NSF-84,'' ``NSF-85,'' and/or
``NSF-86,'' as applicable, in the subject line of the message.
<bullet> Mail: Tom Boger, Acting SAOP, Office of the Chief
Information Officer, NSF, 401 Dulany Street, Alexandria, VA 22314.
NSF intends to post all in-scope comments publicly. All comments
submitted in response to this Notice will become a matter of public
record. Do not include any information of a sensitive or confidential
nature about yourself or others.

FOR FURTHER INFORMATION CONTACT: For information regarding the proposed
Privacy Act systems of records, contact Tom Boger, Acting SAOP, Office
of the Chief Information Officer, NSF, 401 Dulany Street, Alexandria,
VA 22314, <a href="/cdn-cgi/l/email-protection#2656544f5047455f6648554008414950">[email&#160;protected]</a>. For information regarding NSF's awardee
compliance contact NSF Office of Civil Rights, 401 Dulany Street,
Alexandria, VA 22314 <a href="/cdn-cgi/l/email-protection#3d7c7e7f7d534e5b135a524b">[email&#160;protected]</a>, and for information on the reasonable
accommodation program, contact the NSF Office of Civil Rights, 401
Dulany Street, Alexandria, VA 22314, <a href="/cdn-cgi/l/email-protection#cfbdaebdaabebaaabcbbbc8fa1bca9e1a8a0b9">[email&#160;protected]</a>. For
information regarding NSF's sexual assault and harassment prevention
and response program, contact Ren[eacute]e Ferranti, Program Manager,
NSF, 401 Dulany Street, Alexandria, VA, <a href="/cdn-cgi/l/email-protection#b5c6d4d3d0c7c6d6dcd0dbd6d0f5dbc6d39bd2dac3">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
5 U.S.C. 552a, NSF is publishing a proposed Privacy Act system of
records notice (SORN) for the case management system in support of each
of the NSF administrative programs described below.

NSF-84: Awardee Compliance Case Management System

This SORN is intended to establish the NSF Office of Civil Rights
(OCR) electronic case management system (CMS) for receiving, tracking,
managing, and responding to complaints or reports received from
victims, witnesses, or other individuals alleging discrimination,
harassment, or retaliation in programs and activities that receive
financial assistance from NSF (e.g., NSF grants, cooperative
agreements). Individuals may file a complaint or report through the
online Web-based CMS by registering and creating a CMS user account.
(Witnesses or other third parties may also file a complaint or report
of discrimination, harassment, or retaliation on behalf of another
individual through the CMS, but only with that individual's consent.)
For Privacy Act purposes, all complaints, reports, or other records in
the CMS are to be treated as records ``about'' the subject individual
(i.e., victim of the alleged discrimination, harassment, or
retaliation), see 5 U.S.C. 552a(a)(4) (defining Privacy Act ``record'')
and are to be maintained and retrieved only by the case number or other
identifier personally assigned to the subject individual, and not by
any other third-party individual who may also be identified in such
records (e.g., alleged violator, witnesses).
To the extent the system's online form constitutes an information
collection activity subject to U.S. Office of Management & Budget (OMB)
approval under the Paperwork Reduction Act (PRA), the form was approved
by OMB and assigned Control No. 3145-0288 (National Science Foundation
Office of Civil Rights Case Management System) on April 8, 2026.

NSF-85: Reasonable Accommodation Request E-Filing System

This SORN is intended to establish the NSF OCR electronic filing
system pertaining to NSF employees, job applicants, and individuals
conducting business at NSF who have requested a ``reasonable
accommodation'' under applicable Federal law (e.g., assistive
technology, accessibility, support services, or other adjustments or
modifications to the work environment under the Rehabilitation Act of
1973, as amended). Individuals may initiate such a request
electronically by registering and creating an account in the online
Web-based e-filing system, which will then allow them to submit
information about their accommodation request, and to view the status
of any request that they originally created in the system.

[[Page 69889]]

Account registration data, reasonable accommodation requests, and other
system records collected by the program to process or track the status
of such requests are to be maintained and retrieved by the name, email,
or other personally assigned identifier of the subject individual for
whom the reasonable accommodation is being requested.
Information about reasonable accommodations may also be found in
health and safety records for NSF staff and visitors (NSF-78) and
administrative records compiled on users of NSF's health unit or other
NSF workplace health programs (NSF-79). See 86 FR 66340 (Nov. 22,
2021). Those record systems are separately managed by NSF's human
resources division, and OCR is not proposing to duplicate those records
in maintaining its own system to track, manage, or respond to
reasonable accommodation requests filed with OCR.

NSF-86: Sexual Assault and Harassment Prevention and Response Program
(SAHPR) Case Management Tracking System

This SORN is intended to establish an electronic CMS in support of
NSF's SAHPR program, which serves as a central agency point of contact
for coordinating the agency's response to sexual assault, sexual
harassment, and stalking incidents occurring in connection with NSF-
funded programs or activities, and for overseeing training and other
comprehensive practices to prevent such incidents. The SAHPR program
does not provide legal advice or conduct investigations but supports
individuals impacted by sexual assault, sexual harassment and stalking,
by providing information on how and where to report incidents and
available advocacy and supportive resources, helping them with
accessing support during investigative and medical processes, safety
planning, and assisting them with obtaining other related support or
service needs. Accordingly, the SAHPR system records may include notes
or information about the reported incident and how it was handled or
addressed. These notes or information may include, for example, whether
the matter was referred to: NSF OCR, if it involves a complaint or
report of harassment, discrimination, or retaliation handled and
reviewed by that office, see SORN NSF-84, discussed above; to the NSF's
Office of Inspector General (OIG), which maintains its own
investigatory records system, see NSF-52, 83 FR 8903 (Mar. 1, 2018); to
the individual's institution for investigation; or to law enforcement,
human resources, or other appropriate authorities. The SAHPR CMS
records are to be maintained by a case number assigned to the incident
or inquiry and retrieved from the system by that number or the name of
the impacted individual. Incident records may in some cases include
information about third parties (e.g., alleged offenders, witnesses)
but system records are not maintained or retrieved by those
individuals' names or any other personally assigned identifiers. Such
third-party information is collected and maintained in the impacted
individual's records only as needed to assist the SAHPR program in
tracking and coordinating the agency's response to the incident.
The agency's SAHPR system is separate from OIG's investigatory
records system and also separate from other systems of service records
that may be maintained by private organizations with whom NSF has
contracted or otherwise arranged to provide individuals with
confidential helpline support, personal counseling, and advocacy, or
other informational or support services. For the protection of privacy
and to ensure that individuals can access and utilize those services on
a confidential and/or anonymous basis, the third-party service records
are not part of NSF agency records, are not intended to be accessed or
maintained by or on behalf of NSF, and are not to be disclosed or
shared by these service providers unless required or authorized by law
(e.g., mandatory reporting to child or adult protective services, or
where the individual has consented to disclosure).
None of the proposed Privacy Act systems of records discussed above
is intended to duplicate or overlap with any other existing NSF or
Government-wide systems of records under the Privacy Act. In accordance
with subsection (r) the Privacy Act, at 5 U.S.C. 552a(r), and Office of
Management and Budget (OMB) Circular No. A-108, NSF, in addition to
publication of this notice in the Federal Register, is also submitting
notice of the establishment of these system of records to OMB and to
the appropriate Congressional committees. All NSF SORNs, including
these SORNs, once made final, may be viewed at <a href="http://www.nsf.gov/">www.nsf.gov/</a> privacy.
NSF-84

SYSTEM NAME AND NUMBER:
Awardee Compliance Case Management System, NSF-84.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
U.S. National Science Foundation (NSF), 401 Dulany Street,
Alexandria, VA 22314. Records may also be electronically maintained in
remote locations by NSF or contractors on behalf of NSF, including in
cloud storage.

SYSTEM MANAGER(S):
Office Head, Office of Civil Rights (OCR), NSF.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.
(race, color, national origin discrimination in Federally assisted
programs and activities); Title IX of the Educational Amendments of
1972, 20 U.S.C. 1681 et seq. (sex discrimination); Section 504 of the
Rehabilitation Act of 1973, 29 U.S.C. 794 (disability discrimination);
Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq.; Executive Order
13160 (Nondiscrimination in Federally Conducted Education & Training
Programs); 45 CFR parts 605, 606, 611, 617, and 618 (NSF implementing
regulations); 2 CFR 200.300 (statutory and national policy requirements
for Federal awards); and other authorities, as applicable.

PURPOSE(S) OF THE SYSTEM:
To receive, evaluate, process, investigate, and resolve complaints
or reports of alleged discrimination, harassment, or retaliation by
recipients of NSF awards or funds, including awardee institutions,
principal investigators (PIs), co-PIs or others in programs or
activities receiving NSF financial assistance. Records are used to
determine whether there is jurisdiction under applicable civil rights
statutes and NSF implementing regulations for NSF to investigate the
complaint and, if appropriate, require remedial or other action, or
whether to refer the matter to the agency's Office of Inspector General
(OIG), the relevant institution(s), and/or other agencies or entities
for investigation, mediation, or other appropriate action, if any.
Records may also be used in connection with conducting compliance
reviews or other relevant assessments, analyses, and audits; to produce
reports; and otherwise used to evaluate or ensure compliance by NSF
recipients with codes of conduct, notification, or other requirements
under award terms and conditions and applicable Federal
antidiscrimination, equal employment, disability, and related laws,
regulations, orders, and policies.

[[Page 69890]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who file complaints alleging discrimination,
harassment, or retaliation by awardee institutions, PIs, co-PIs, or
others in programs or activities receiving Federal financial assistance
from NSF. Records in this system are considered records about the
complainant (subject individual) and maintained and retrieved by that
individual's name or other personally assigned identifier (e.g., case
or tracking number), including records of complaints or reports that a
third-party individual may file on behalf of and with the consent of
the subject individual.

CATEGORIES OF RECORDS IN THE SYSTEM:
Name, email address, phone number, and other contact information of
the complainant (subject individual) and, where applicable, of third-
party individuals authorized to file a complaint or report in the
system on the subject individual's behalf, including the filing
individual's account-related data (e.g., password, system-generated
account activity log); description of the alleged discrimination,
harassment, or retaliation; the identity of individual(s) allegedly
engaged in or responsible for such conduct; the awardee (recipient)
institution(s); information about witnesses, if any; proposed or
requested action or remedies; whether the complaint has been filed in
any other forum; additional supporting documentation, if any; and
consent/release form(s) for NSF to investigate and/or disclose the
subject individual's records to awardee institution(s) or others. If
NSF determines that it has jurisdiction and the complaint is accepted
for investigation, additional information relevant to the case may be
collected, compiled, generated, and maintained as part of the complaint
record and case file.

RECORD SOURCE CATEGORIES:
Complainants (subject individuals), other individuals (e.g., legal
representative, family member) whom the subject individual has
authorized to file the complaint or report on the subject individual's
behalf; witnesses, other agencies or awardee institutions, affected
parties and/or respondents (investigatory targets), NSF employees,
contractors, publicly available information (e.g., online databases,
sites, news media), and other third-party sources.

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 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 and Records Administration (NARA). Information
from a system may be disclosed to representatives of the National
Archives and Records Administration (NARA) during 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:
a. to appropriate agencies, entities, and persons when (1) 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.
b. 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 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

[[Page 69891]]

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 above standard NSF routine uses, the following
routine uses apply to this system, i.e., records may also be disclosed:
To the awardee institution or other institution(s) or
organization(s) subject to investigation in order to gather information
necessary for the agency, law enforcement officials, and/or other
authorized authorities to make a compliance determination with respect
to the complaint allegations or to conduct compliance monitoring in
connection with a resolution agreement.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in electronic form, including electronic
storage media, and may also be electronically maintained in remote
locations by NSF or contractors on behalf of NSF, including in cloud
storage. In the conduct of agency business, copies may also be printed
or maintained in paper format.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be maintained by the subject individual's name and
retrieved by personally assigned identifier, such as case tracking
number. If a subject individual authorizes a third-party individual to
file a complaint or report on the subject individual's behalf, such
records will be maintained and retrieved by the same assigned case
tracking number or other identifier. Records in this system are not
maintained or retrieved by the name or other personally assigned
identifier of any third-party individuals who may be identified in such
system records (e.g., witnesses, individuals engaged in the alleged
conduct).

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records will be maintained and destroyed in accordance with
applicable records schedules issued or approved by NARA.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable Federal 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 the information for the performance of their official duties.
All users are required to take annual NSF IT Security and Privacy
Awareness Training, which covers the procedures for handling Controlled
Unclassified Information (CUI), including personally identifiable
information (PII) subject to the Privacy Act of 1974. 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. Paper copies, if
any, of system records are maintained in secure, access-controlled
areas or buildings, and stored in a locked drawer, behind a locked
door, or at a secure offsite location.

RECORD ACCESS PROCEDURES:
Individuals seeking to access records about themselves in this
system must follow the procedures found at 45 CFR part 613 (NSF Privacy
Act Regulations). Individuals who register and create a user account to
file a complaint or report in the system may access status information
or certain other system data pertaining to their complaint without the
need to file a formal written Privacy Act access request under 45 CFR
part 613.

CONTESTING RECORD PROCEDURES:
Follow the procedures found at 45 CFR part 613. Individuals who
register and create a user account in the system to file a complaint in
the system may access and update or modify certain system records
pertaining to their complaint without the need to file a formal written
Privacy Act amendment request under 45 CFR part 613.

NOTIFICATION PROCEDURES:
See 45 CFR part 613.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
None.
NSF-85

SYSTEM NAME AND NUMBER:
NSF-85, Reasonable Accommodation Request E-Filing System.

SECURITY CLASSIFICATION:
Unclassified.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 791 et seq.; 42 U.S.C. 2000e et seq.; 42 U.S.C. 12101 et
seq.; E.O. 11478; E.O. 13164; 29 CFR parts 1605, 1614, and 1630.

PURPOSE(S) OF THE SYSTEM:
This system is maintained for the purpose of receiving,
considering, deciding, and implementing requests for reasonable
accommodation made by NSF employees, applicants for NSF employment, and
other individuals conducting business at NSF.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
NSF employees, applicants for employment, and other individuals
conducting business at NSF who have requested a reasonable
accommodation under applicable Federal law, regulation, and policy.

CATEGORIES OF RECORDS IN THE SYSTEM:
Records may include, but are not limited to, user account and
profile data (e.g., name, email address, phone), requests for
reasonable accommodation and supporting documents, information
concerning the nature of the disability or other reason for the
requested accommodation, medical records or other substantiating
documentation, notes or records made during evaluation of such
requests, including the agency's determination on the request, requests
for reconsideration or internal agency appeals; and disposition of all
requests and appeals.

RECORD SOURCE CATEGORIES:
Individuals requesting a reasonable accommodation; NSF managers,
supervisors, or staff, where applicable; health care providers or
others requested to provide supporting documentation.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
The following NSF standard routine uses apply:

[[Page 69892]]

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 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 and Records Administration (NARA). Information
from a system may be disclosed to representatives of NARA during
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:
a. to appropriate agencies, entities, and persons when (1) 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's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
b. 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 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 above standard NSF routine uses, the following
routine uses apply to this system, i.e., records may also be disclosed:
12. To an authorized appeal grievance examiner, formal complaints
examiner, administrative judge, equal employment opportunity
investigator, arbitrator or other duly authorized official engaged in
investigation or settlement of a grievance, complaint, or appeal filed
by the individual requesting the accommodation.
13. To first aid and safety personnel, when appropriate, if the
disability might require emergency treatment;
14. To Federal Government officials or any of their assignees
charged with the responsibility of investigating NSF's compliance with
the Rehabilitation Act of 1973, as amended, or other applicable
authorities.
15. To the U.S. Office of Management and Budget (OMB), Department
of Labor (DOL), Office of Personnel Management (OPM), Equal Employment
Opportunity Commission (EEOC), or Office of Special Counsel (OSC) to
obtain advice regarding statutory, regulatory, policy, and other
requirements related to reasonable accommodation.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be maintained by the subject individual's name and
retrieved by personally assigned identifier, such as case tracking
number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records will be maintained and destroyed in accordance with
applicable records schedules issued or approved by NARA. See, e.g.,
General Records Schedule 2.3, Item 020 (reasonable or religious
accommodation case files).

[[Page 69893]]

RECORD ACCESS PROCEDURES:
Individuals seeking to access records about themselves in this
system must follow the procedures found at 45 CFR part 613 (NSF Privacy
Act Regulations). Individuals who register and create a user account to
file a reasonable accommodation in the system may access status or
certain other information about their request directly from the system,
without the need to file a formal written Privacy Act access request
under 45 CFR part 613.

CONTESTING RECORD PROCEDURES:
Follow the procedures found at 45 CFR part 613.

NOTIFICATION PROCEDURES:
See 45 CFR part 613.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
None.
NSF-86

SYSTEM NAME AND NUMBER:
NSF-86, Sexual Assault and Harassment Prevention and Response
Program (SAHPR) Case Management Tracking System.

SECURITY CLASSIFICATION:
Unclassified.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 2302(b); 29 U.S.C. 206(d); 29 U.S.C. 621 et seq.; 29
U.S.C. 791; 42 U.S.C. 1861 et seq.; 42 U.S.C. 2000e-16 et seq.; 42
U.S.C. 2000ff et seq.; 42 U.S.C. 12101 et seq.; Pub. L. 107-174, as
amended; E.O. 11478; E.O. 14021; 2 CFR 200.300 and 200.303; and other
authorities, as applicable.

PURPOSE(S) OF THE SYSTEM:
To log, track, and coordinate the agency's response to reported
incidents of sexual assault, harassment and stalking in NSF-funded
programs and activities, and other inquiries received through the SAHPR
program office; to provide information (e.g., about available support
resources or training); to make referrals to appropriate officials,
agencies, and entities; to enhance compilation and accuracy of
statistical data and management reports; to assess the program's
effectiveness; to help develop or update procedures and training; or to
recommend other action by the agency or others to help prevent alleged
sexual assault, sexual harassment, and stalking, as applicable.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system covers individuals who have formally reported to NSF's
Office of the Inspector General or other investigative entity that they
were the alleged victim or target of sexual assault, sexual harassment
or stalking, or who have been identified as an alleged victim or target
in a report filed with the investigative entity by a third party. The
system also covers other individuals who may directly contact the SAHPR
program office for information on how or where to report sexual
assault, sexual harassment or stalking or for other information or
support services relating to such incidents in NSF-funded programs and
activities. Covered individuals may include, but are not limited to,
NSF employees, contractors, participants in research or infrastructure
projects or operations funded by an NSF award.

CATEGORIES OF RECORDS IN THE SYSTEM:
Records may include, but are not limited to, name, email address,
and/or other contact information of the individual identified as an
alleged victim or target of sexual assault, harassment, or stalking in
a formal report with NSF's Office of Inspector General or other
investigative entity, or individuals who directly contact the SAHPR
program office; date that the inquiry was received; date the case
record was initially created in the system; assigned case number; type
of incident; location (site) of incident; information regarding third
parties, as applicable (e.g., alleged offender(s), witness(es)); notes
regarding the program office's handling or disposition of the matter
(e.g., informational response, referral, related investigational case
numbers).

RECORD SOURCE CATEGORIES:
Individuals who contact the SAHPR program office regarding the
alleged incident; reports filed by the subject individual or third-
party individuals (e.g., witnesses) with NSF's Office of Inspector
General or other entities (e.g., the impacted individual's institution,
law enforcement).

[[Page 69894]]

from a system may be disclosed to representatives of NARA during
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:
a. to appropriate agencies, entities, and persons when (1) 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's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
b. 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 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 above standard NSF routine uses, the following
routine uses apply to this system, i.e., records may also be disclosed:
12. To other appropriate non-NSF officials, agencies, or entities
in order to investigate the alleged sexual harassment or to take action
to address the matter. In such cases, the SAHPR program office may
obtain the individual's written consent before making such a referral.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be maintained by the subject individual's name and
retrieved by personally assigned identifier, such as case tracking
number.

RECORD ACCESS PROCEDURES:
Individuals seeking to access records about themselves in this
system must follow the procedures found at 45 CFR part 613 (NSF Privacy
Act Regulations).

CONTESTING RECORD PROCEDURES:
Follow the procedures found at 45 CFR part 613.

NOTIFICATION PROCEDURES:
See 45 CFR part 613.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
None.

Thomas A. Boger,
Acting Senior Agency Official for Privacy, U.S. National Science
Foundation.
[FR Doc. 2026-22540 Filed 11-4-26; 8:45 am]
BILLING CODE 7555-01-P

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