13934 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Notices 

services to low-income people. LSC is 

announcing the submission dates for 

applications to make subgrants of Basic 

Field Grant funds starting after March 1, 

2020 but before January 1, 2021. LSC is 

also providing information about where 

applicants may locate subgrant 

application forms and directions for 

providing the information required in 

the application. 

DATES: See the Supplementary 

Information section for application 

dates. 

ADDRESSES: Legal Services 

Corporation—Office of Compliance and 

Enforcement, 3333 K Street NW, Third 

Floor, Washington, DC 20007–3522. 

FOR FURTHER INFORMATION CONTACT: 

Megan Lacchini, Office of Compliance 

and Enforcement by email at 

lacchinim@lsc.gov or (202) 295–1506, or 

visit the LSC website at http://

www.lsc.gov/grants-grantee-resources/ 

grantee-guidance/how-apply-subgrant. 

SUPPLEMENTARY INFORMATION: Under 45 

CFR part 1627, LSC must publish, on an 

annual basis, ‘‘notice of the 

requirements concerning the format and 

contents of the application annually in 

the Federal Register and on its 

website.’’ 45 CFR 1627.4(b). This Notice 

and the publication of the Subgrant 

Application Forms on LSC’s website 

satisfy § 1627.4(b)’s notice requirement 

for midyear subgrants of Basic Field 

Grant funds. Only current or 

prospective recipients of LSC Basic 

Field Grants may apply for approval to 

subgrant these funds. 

An applicant must submit an 

application to make a midyear subgrant 

of LSC Basic Field Grant funds at least 

45 days in advance of the subgrant’s 

proposed effective date. 45 CFR 

1627.4(b)(2). 

Applicants must submit applications 

at https://lscgrants.lsc.gov. Applicants 

may access the application under the 

‘‘Subgrants’’ heading on their LSC 

Grants home page. Applicants may 

initiate an application by selecting 

‘‘Initiate Subgrant Application.’’ 

Applicants must then provide the 

information requested in the LSC Grants 

data fields, located in the Subrecipient 

Profile, Subgrant Summary, and 

Subrecipient Budget screens, and 

upload the following documents: 

• A draft Subgrant Agreement (with 

the required terms provided in the 

Subgrant Agreement Template 

‘‘Agreement Template’’); and 

• Subgrant Inquiry Form B (for new 

subgrants) or C (for renewal subgrants) 

(‘‘Inquiries’’). 

Applicants seeking to subgrant to an 

organization that is not a current LSC 

grantee must also upload: 

• The subrecipient’s accounting 

manual (or letter indicating that the 

subrecipient does not have one and 

why); 

• The subrecipient’s most recent 

audited financial statement (or letter 

indicating that the subrecipient does not 

have one and why); 

• The subrecipient’s current cost 

allocation policy (or letter indicating 

that the subrecipient does not have one 

and why); 

• The subrecipient’s current fidelity 

bond coverage (or letter indicating that 

the subrecipient does not have one); 

• The subrecipient’s conflict of 

interest policy (or letter indicating that 

the subrecipient does not have one); and 

• The subrecipient’s whistleblower 

policy (or letter indicating that the 

subrecipient does not have one). 

The Agreement Template and 

Inquiries are available on LSC’s website 

at http://www.lsc.gov/grants-granteeresources/grantee-guidance/how-applysubgrant. LSC encourages applicants to 

use LSC’s Agreement Template as a 

model subgrant agreement. If the 

applicant does not, the proposed 

agreement must include, at a minimum, 

the substance of the provisions of the 

Template. 

Once submitted, LSC will evaluate the 

application and provide applicants with 

instructions on any needed 

modifications to the information, 

documents, or Draft Agreement 

provided with the application. The 

applicant must then upload a final and 

signed subgrant agreement through LSC 

Grants. This can be done by selecting 

‘‘Upload Signed Agreement’’ to the right 

of the application ‘‘Status’’ under the 

‘‘Subgrant’’ heading on an applicant’s 

LSC Grants home page. 

As required by 45 CFR 1627.4(b)(3), 

LSC will inform applicants of its 

decision to disapprove, approve, or 

request modifications to the subgrant by 

no later than the subgrant’s proposed 

effective date. 

Dated: March 4, 2020. 

Stefanie Davis, 

Senior Assistant General Counsel. 

[FR Doc. 2020–04858 Filed 3–9–20; 8:45 am] 

BILLING CODE 7050–01–P 

MERIT SYSTEMS PROTECTION 

BOARD 

Notice of Guidance Portal 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Notice of availability. 

SUMMARY: Pursuant to Executive Order 

13891 and OMB Memorandum M–20– 

02, the Merit Systems Protection Board 

(MSPB) is noticing the March 3, 2020 

launch of a single, searchable, indexed 

database containing all MSPB guidance 

documents currently in effect. 

DATES: Applicable March 3, 2020. 

ADDRESSES: www.mspb.gov/guidance. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Everling, Acting Clerk of the 

Board, Merit Systems Protection Board, 

1615 M Street NW, Washington, DC 

20419; Phone: (202) 653–7200; Fax: 

(202) 653–7130; or email: mspb@

mspb.gov. 

SUPPLEMENTARY INFORMATION: Executive 

Order 13891 requires federal agencies to 

‘‘establish or maintain on its website a 

single, searchable, indexed database that 

contains or links to all guidance 

documents in effect from such agency or 

component.’’ Executive Order 13891, 84 

FR 55,235 (Oct. 9, 2019). OMB 

Memorandum M–20–02 further requires 

agencies to ‘‘send to the Federal 

Register a notice announcing the 

existence of the new guidance portal 

and explaining that all guidance 

documents remaining in effect are 

contained on the new guidance portal.’’ 

OMB Memorandum M–20–02 (Oct. 31, 

2019). 

In compliance with the above, MSPB 

is noticing the availability of a single, 

searchable, indexed database containing 

all MSPB guidance documents currently 

in effect, which may be accessed at 

www.mspb.gov/guidance on or after 

March 3, 2020. 

(Authority: E.O. 13891, 84 FR 55,235; OMB 

Memorandum M–20–02.) 

Jennifer Everling, 

Acting Clerk of the Board. 

[FR Doc. 2020–04862 Filed 3–9–20; 8:45 am] 

BILLING CODE 7400–01–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice (20–029)] 

Reporting Requirements Regarding 

Findings of Harassment, Sexual 

Harassment, Other Forms of 

Harassment, or Sexual Assault 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Final Notice of a new NASA 

term and condition regarding sexual 

harassment, other forms of harassment, 

and sexual assault. 

SUMMARY: NASA is publishing, in final 

form, a new term and condition 

regarding sexual harassment, other 

forms of harassment, and sexual assault. 

NASA’s intention to develop and 


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Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Notices 13935 

1 If a co-I is affiliated with a subrecipient 

organization, the AOR of the subrecipient must 

provide the requisite information directly to NASA 

and to the recipient. The subrecipient must act in 

accordance with Title 2 of the Code of Federal 

Regulations, Section 200.331, Requirements for 

Pass-Through Entities. 

2Recipient findings/determinations and 

placement of a PI or Co-I on administrative leave 

or the imposition of an administrative action must 

be conducted in accordance with organizational 

policies and processes. They also must be 

conducted in accordance with federal laws, 

regulations, and executive orders. 

3Such report must be provided regardless of 

whether the behavior leading to the finding/ 

determination, or placement on administrative 

leave, or the imposition of an administrative action 

occurred while the PI or Co-I was carrying out 

award activities. 

implement this new term and condition 

was specified in the Federal Register of 

July 17, 2019, FR Doc. 2019–15088, on 

page 34206. 

The many hundreds of U.S. 

institutions of higher education and 

other organizations that receive NASA 

funds are responsible for fully 

investigating complaints under and for 

compliance with federal nondiscrimination laws, regulations, and 

executive orders. The implementation of 

new reporting requirements is necessary 

to help ensure research environments to 

which NASA provides funding are free 

from sexual harassment, other forms of 

harassment, and sexual assault. 

Additionally, NASA is bolstering our 

policies, guidelines, and 

communications. These requirements 

are intended, first, to better ensure that 

organizations funded by NASA clearly 

understand expectations and 

requirements. In addition, NASA seeks 

to ensure that recipients of grants and 

cooperative agreements respond 

promptly and appropriately to instances 

of sexual harassment, other forms of 

harassment, and sexual assault. 

FOR FURTHER INFORMATION CONTACT: For 

any questions, comments, or concerns 

regarding sexual or other forms of 

harassment, please contact the Office of 

Diversity and Equal Opportunity 

(ODEO), 300 E Street SW, Washington, 

DC 20546, email: civilrightsinfo@

nasa.gov; telephone (202) 358–2180; 

FAX: (202) 358–3336. 

SUPPLEMENTARY INFORMATION: As a U.S. 

funding Agency of scientific research 

and development, and the primary 

funding Agency for aeronautics and 

space research and technology, NASA is 

committed to promoting safe, 

productive research and education 

environments for current and future 

scientists and engineers. We consider 

the Principal Investigator (PI) and any 

Co-Investigator(s) (Co-I) identified on a 

NASA award and all personnel 

supported by a NASA award to be in a 

position of trust and must not engage in 

harassing behavior during the award 

period of performance whether at the 

recipient’s institution, on-line, or 

outside the organization, such as at field 

sites or facilities, or during conferences 

and workshops. 

On July 17, 2019, NASA published a 

request for public comment regarding 

the Agency’s proposed implementation 

of new notification requirements [84 FR 

34206, pages 34206–24208, July 17, 

2019]. All comments were carefully 

considered in developing the final 

version of the term and condition. A 

document listing the comments and 

NASA responses is posted on the NASA 

ODEO website at: https://www.nasa.gov/ 

offices/odeo/policy-and-publications. 

Upon implementation, the new term 

and condition will require recipient 

organizations to report to NASA any 

findings/determinations of sexual 

harassment, other forms of harassment, 

or sexual assault regarding a NASA 

funded PI or Co-I. The new term and 

condition will also require the recipient 

to report to NASA if the PI or Co-I is 

placed on administrative leave or if the 

recipient has imposed any 

administrative action on the PI or Co-I, 

or any determination or an investigation 

of an alleged violation of the recipient’s 

policies or codes of conduct, statutes, 

regulations, or executive orders relating 

to sexual harassment, other forms of 

harassment, or sexual assault. Finally, 

the new term and condition specifies 

the procedures that will be followed by 

NASA upon receipt of a report. 

The full text of the new term and 

condition is provided below: 

Reporting Requirements Regarding 

Sexual Harassment, Other Forms of 

Harassment, or Sexual Assault 

(a) The Principal Investigator (PI) and 

any Co-Investigator(s) (Co-I) identified 

on a NASA award are in a position of 

trust. These individuals must comport 

themselves in a responsible and 

accountable manner during the award 

period of performance, whether at the 

recipient’s institution, on-line, or at 

locales such as field sites, facilities, or 

conferences/workshops. Above all, 

NASA wishes to assure the safety, 

integrity, and excellence of the 

programs and activities it funds. 

(b) For purposes of this term and 

condition, the following definitions 

apply: 

1. Administrative Leave/ 

Administrative Action: Any temporary/ 

interim suspension or permanent 

removal of the PI or Co-I, or any 

administrative action imposed on the PI 

or Co-I by the recipient under 

organizational policies or codes of 

conduct, statutes, regulations, or 

executive orders, relating to activities, 

including but not limited to the 

following: teaching, advising, 

mentoring, research, management/ 

administrative duties, or presence on 

campus. 

2. Finding/Determination: The final 

disposition of a matter involving sexual 

harassment or other form of harassment 

under organizational policies and 

processes, to include the exhaustion of 

permissible appeals exercised by the PI 

or Co-I, or a conviction of a sexual 

offense in a criminal court of law. 

3. Other Forms of Harassment: Nongender or non-sex-based harassment of 

individuals protected under federal civil 

rights laws, as set forth in organizational 

policies or codes of conduct, statutes, 

regulations, or executive orders. 

4. Sexual harassment: May include 

but is not limited to gender or sex-based 

harassment, unwelcome sexual 

attention, sexual coercion, or creating a 

hostile environment, as set forth in 

organizational policies or codes of 

conduct, statutes, regulations, or 

executive orders. 

(c) The recipient is required to report 

to NASA: (1) Any finding/determination 

regarding the PI or any Co-I 1 that 

demonstrates a violation of the 

recipient’s policies or codes of conduct, 

relating to sexual harassment, other 

forms of harassment, or sexual assault; 

and/or (2) if the PI or any Co-I is placed 

on administrative leave or if any 

administrative action has been imposed 

on the PI or any Co-I by the recipient 

relating to any finding/determination or 

an investigation of an alleged violation 

of the recipient’s policies or codes of 

conduct, statutes, regulations, or 

executive orders relating to sexual 

harassment, other forms of harassment, 

or sexual assault.2 Such reporting must 

be submitted by the Authorized 

Organizational Representative (AOR) to 

NASA’s Office of Diversity and Equal 

Opportunity at https://

missionstem.nasa.gov/term-conditioninstitutional-harassment-discr.html 

within 10 business days from the date 

of the finding/determination, or the date 

of the placement of a PI or Co-I by the 

recipient on administrative leave or the 

imposition of an administrative action.3

(d) Recipient agrees to insert the 

substance of this term and condition in 

any subaward/subcontract involving a 

co-investigator. Recipient will be 

responsible for ensuring that all reports, 

including those related to coinvestigators, comply with this term and 

condition. 

(e) Each report must include the 

following information: 


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4Only the identification of the PI or Co-I is 

required. Personally identifiable information 

regarding any complainants or other individuals 

involved in the matter must not be included in the 

report. In the rare circumstance that information 

regarding a PI or Co-I is subject to the Family 

Educational and Privacy Act, 20 U.S.C. 1232g and 

its implementing regulations, 35 CFR part 99, the 

recipient shall comply with those requirements. 

• NASA Award Number; 

• Name of PI or Co-I being reported; 4

Type of Report: Select one of the 

following: 

• Finding/Determination that the 

reported individual has been found to 

have violated the recipient’s policies or 

codes of conduct, statutes, regulations, 

or executive orders relating to sexual 

harassment, other forms of harassment, 

or sexual assault; or 

• Placement by the recipient of the 

reported individual on administrative 

leave or the imposition of any 

administrative action on the PI or any 

Co-I by the recipient relating to any 

finding/determination, or an 

investigation of an alleged violation of 

the recipient’s policies or codes of 

conduct, statutes, regulations, or 

executive orders relating to sexual 

harassment, other forms of harassment, 

or sexual assault. 

The recipient must also provide: 

• A description of the finding/ 

determination and action(s) taken, if 

any; and/or 

• The reason(s) for, and conditions of 

placement of the PI or any Co-I on 

administrative action or administrative 

leave. 

The recipient, at any time, may 

propose a substitute investigator if it 

determines the PI or any Co-I may not 

be able to carry out the funded project 

or activity and/or abide by the award 

terms and conditions. 

In reviewing the report, NASA will 

consider, at a minimum, the following 

factors: 

a. The safety and security of 

personnel supported by the NASA 

award; 

b. The overall impact to the NASAfunded activity; 

c. The continued advancement of 

taxpayer-funded investments in science 

and scientists; and 

d. Whether the recipient has taken 

appropriate action(s) to ensure the 

continuity of science and that continued 

progress under the funded project can 

be made. 

(f) Upon receipt and review of the 

information provided in the report, 

NASA will consult with the AOR, or 

designee. Based on the results of this 

review and consultation, the Agency 

may, if necessary and in accordance 

with 2 CFR 200.338, assert its 

programmatic stewardship 

responsibilities and oversight authority 

to initiate the substitution or removal of 

the PI or any Co-I, reduce the award 

funding amount, or where neither of 

those previous options is available or 

adequate, to suspend or terminate the 

award. Other personnel supported by a 

NASA award must likewise remain in 

full compliance with the recipient’s 

policies or codes of conduct, statutes, 

regulations or executive orders relating 

to sexual harassment, other forms of 

harassment, or sexual assault. With 

regard to any personnel not in 

compliance, the recipient must make 

appropriate arrangements to ensure the 

safety and security of other award 

personnel and the continued progress of 

the funded project. Notification of these 

actions is not required under this term 

and condition. 

Other personnel supported by a 

NASA award must likewise remain in 

full compliance with awardee policies 

or codes of conduct, statutes, 

regulations, or executive orders relating 

to sexual harassment, other forms of 

harassment, or sexual assault. With 

regard to any personnel not in 

compliance, the awardee must make 

appropriate arrangements to ensure the 

safety and security of other award 

personnel and the continued progress of 

the funded project. Notification of these 

actions is not required under this term 

and condition. 

End of Term and Condition 

Implementation: NASA will 

implement the new term through 

revision of the NASA Agency Specific 

Requirements to the Research Terms 

and Conditions, the Grant General 

Conditions, and the Cooperative 

Agreement—Financial and 

Administrative Terms and Conditions. 

These revised terms and conditions will 

become effective thirty days from the 

date of publication in the Federal 

Register and will be available in the 

NASA Grants and Cooperative 

Agreement Manual (GCAM). 

The new term and condition will be 

applied to all new NASA awards and 

funding amendments to existing awards 

made on or after the effective date. This 

new reporting requirement will apply to 

all findings/determinations that occur 

on or after the effective date of the terms 

and conditions. With regard to 

notification of placement on 

administrative leave, the recipient must 

notify NASA within 10 business days 

from the date the recipient determines 

that placement on administrative leave 

is necessary. 

Recipients are strongly encouraged to 

conduct a thorough review of the term 

and condition to determine whether the 

new reporting requirements necessitate 

any changes to the institution’s policies 

and procedures. The new term and 

condition will be effective for any new 

award, or funding amendment to an 

existing award, made on or after the 

effective date. For these purposes, this 

means that any finding/determination, 

placement on administrative leave or 

the imposition of any administrative 

action by the institution made on or 

after the start date of an award or 

funding amendment subject to the new 

term will invoke the new reporting 

requirements. 

Public Comments Received in Response 

to NASA Federal Register Notice of July 

17, 2019 (84 FR 34206) and NASA 

Responses 

Brigham Young University 

Comment: Notwithstanding [our] 

support, we strongly encourage NASA 

to align its reporting requirements with 

the National Science Foundation (NSF) 

reporting requirements that have 

already been put in place. Standardizing 

reporting requirements across federal 

funding agencies is the best way to 

effect compliance from recipients of 

federal financial assistance that have 

grants from or contracts with multiple 

agencies . . . Although the NSF 

reporting requirements are similar to the 

reporting requirements described in 

NASA’s notice, several important 

differences exist, including the 

reporting period, the point at which 

administrative actions must be reported, 

and the requirements for reporting 

convictions of sexual offenses. These 

inconsistences should be addressed in 

an effort to reduce the administrative 

burden of compliance. The adoption of 

differing reporting requirements across 

federal agencies places an unnecessary 

administrative burden on recipients of 

federal financial assistance and creates 

the potential for confusion. In contrast, 

having uniform reporting requirements 

would promote efficiency and 

institutional compliance. Accordingly, 

we request that NASA work with other 

federal agencies, including NSF, to align 

its reporting requirements with similar 

existing requirements and to establish a 

consistent standard prior to moving 

forward with the proposed term and 

condition. 

NASA Response: NASA has fully 

aligned its reporting requirements with 

the National Science Foundation’s 

(NSF’s). The single difference between 

NASA’s proposed term and condition 

and the term and condition issued by 

NSF in 2018, is the length of time to 

report findings of sexual harassment. 


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NSF’s term and condition provides for 

10 business days to report; NASA’s 

proposed term and condition provided 

for seven business days. NASA has 

revised its timeframe from seven to 10 

business days to bring the two 

timeframes into conformity. 

Council on Governmental Relations 

(COGR), Et al. 

Comment 1: Reporting administrative 

action taken regarding a PI or Co-I to 

NASA during an investigatory process. 

NASA’s proposal would require 

institutions to report if ‘‘the PI or the 

Co-I is placed on administrative leave or 

if the recipient has imposed any 

administrative action on the PI or the 

Co-I.’’ As defined in the new reporting 

requirement, ‘‘administrative action’’ 

captures a vast array of temporary 

actions, which could be and frequently 

are preliminary to any findings or 

conclusions. Such actions can relate to 

activities including ‘‘but not limited to 

the following: teaching, advising, 

mentoring, research, management/ 

administrative duties, or presence on 

campus.’’ These preliminary or interim 

measures are non-punitive and designed 

to protect all parties involved pending 

an outcome of an investigation. In 

addition, we believe a reporting 

requirement based on administrative 

actions could chill the use of these 

important interim measures out of 

concern that NASA may create a record 

or take action against a PI or Co-I 

prematurely. As an alternative to the 

current recommendation, we 

recommend that NASA narrow this 

proposed reporting requirement. One 

option would be to require reporting 

only in situations where administrative 

leave has been imposed and the PI or 

Co-I has been found responsible but is 

appealing the adjudication, or when the 

terms of a pre-adjudication leave would 

affect performance under the award. 

We also urge NASA to rely on existing 

approval processes in lieu of awardee 

institutions’ reporting of administrative 

actions taken regarding the PI or Co-I. 

NASA already has approval procedures 

for substituting a PI or Co-I when a leave 

could impact performance. The NASA 

approval procedures for substituting a 

PI or Co-I when performance is 

impacted provides the agency with 

appropriate notice of this change. 

Adding an additional notification 

requirement pertaining to that same PI 

or Co-I whose performance is impacted 

by administrative leave during an 

investigation of reported harassment 

risks incurring greater costs than the 

benefits achieved. For these reasons, we 

recommend that NASA strike the 

requirement that notification be given to 

NASA for any administrative action and 

focus on those that impact performance 

of the NASA-funded project. 

NASA Response: NASA seeks to 

ensure consistency with NSF’s grant 

term and condition on harassment 

reporting to ease the administrative 

burden on recipients that can be caused 

by differing external requirements. As 

our definition of administrative leave is 

consistent with NSF’s, NASA declines 

to limit to final disposition. In addition, 

NASA views one of the primary 

purposes of a recipient institution in 

taking an action such as placing an 

individual on administrative leave is to 

better ensure the safety, including 

psychological and physical safety, of the 

research environment and the academic 

community. In the interest of ensuring 

safe and inclusive research 

environments, NASA is confident that 

recipient institutions, including 

universities and other entities, which 

are committed to safety and inclusion, 

will continue to utilize these kinds of 

actions, when it is appropriate to do so. 

Comment 2: Clarification is needed on 

reportable action. The proposed 

reporting requirement describes 

‘‘Administration Leave/Administrative 

Action’’ as ‘‘Any temporary/interim 

suspension or permanent removal of the 

PI or Co-I, or any administrative action 

imposed on the PI or the Co-I by the 

recipient under organizational policies 

or codes of conduct, statutes, 

regulations, or executive orders, relating 

to activities, including but not limited to 

the following: teaching, advising, 

mentoring, research, management/ 

administrative duties, or presence on 

campus.’’ But there is no real definition 

of what constitutes an administrative 

action. The 116th Congress is currently 

considering H.R. 36 ‘‘Combatting Sexual 

Harassment in Science Act of 2019.’’ 

The legislation, as passed by the House 

of Representatives, includes language 

calling on the Director of the Office of 

Science and Technology Policy to 

develop policy guidelines that define 

administration action as ‘‘administrative 

action, related to an allegation against 

grant personnel of any sexual 

harassment or gender harassment, as set 

forth in organizational policies or codes 

of conduct, statutes, regulations, or 

executive orders, that affects the ability 

of grant personnel or their trainees to 

carry out the activities of the grant.’’ We 

ask that NASA consider including this 

language in the final NASA reporting 

requirements. 

NASA Response: NASA defines 

‘‘Administrative Action/Administrative 

Leave’’ as ‘‘Any temporary/interim 

suspension or permanent removal of the 

PI or Co-I, or any administrative action 

imposed on the PI or Co-I by the 

recipient under organizational policies 

or codes of conduct, statutes, 

regulations, or executive orders, relating 

to activities, including, but not limited 

to, the following: teaching, advising, 

mentoring, research, management/ 

administrative duties, or presence on 

campus.’’ While we appreciate the 

suggested language, we view it as 

placing unnecessary limitations on the 

requirement. In addition, the current 

language is consistent with NSF’s 

definition. Finally, as Congress has not 

enacted the proposed legislation into 

law, NASA declines to accept this 

comment and will retain the current 

definition. 

Comment 3: The reporting 

requirement may have unintended 

consequences. If the report to NASA 

forms the basis for a NASA decision, 

and is subject to the Freedom of 

Information Act (FOIA), a graduate 

student, research trainee, postdoctoral 

researcher, or other grant personnel may 

be legitimately concerned that the 

release of such a report could impact 

their future employment opportunities. 

This would be especially troubling in a 

situation that results in no findings. A 

graduate student, research trainee, 

postdoctoral researcher, or other grant 

personnel would also need to weigh 

their decision to bring forth an 

allegation with the understanding that 

such a report may lead to the removal 

of funding that is being used to support 

the research grant, which may be 

detrimental to their career progress. To 

mitigate these unintended 

consequences, we recommend revising 

the language of the new reporting 

requirement to emphasize the NASA 

process to substitute a PI or Co-I, rather 

than suspension or termination of the 

award. We appreciate the process 

proposed by NASA that will allow ‘‘the 

recipient, at any time, to propose a 

substitute investigator if it determines 

the PI or any Co-I may not be able to 

carry out the funded project or activity 

and/or abide by the award terms and 

conditions.’’ 

NASA Response: The proposed NASA 

term and condition aligns with the 

National Science Foundation term and 

condition. Both agencies reference the 

possibility of substitution or removal of 

a PI or Co-I, as well as the possibility of 

suspension or termination. They do so 

in the context of an agency review of the 

report and a consultation between the 

agency and the recipient institution. 

This consultation seeks in part to ensure 

that ‘‘the recipient has taken appropriate 

action(s) to ensure the continuity of 

science and that continued progress 

under the funded project can be made.’’ 


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In addition, NASA recognizes the 

sensitivity of the information that may 

be contained in the notifications and 

will take appropriate steps to manage 

such information consistent with the 

Privacy Act, the Freedom of Information 

Act and other applicable federal laws. 

Comment 4: Initiation of the 

Substitution or Removal of the PI or any 

Co-I. We also understand that upon 

receipt of and review of the information, 

NASA ‘‘may, if necessary and in 

accordance with 2 CFR 200.338, assert 

its programmatic stewardship 

responsibilities to initiate the 

substitution or removal of the PI or any 

Co-I, reduce the award funding amount, 

or where neither of those previous 

options is available or adequate, to 

suspend or terminate the award.’’ Before 

taking such a drastic course of action as 

terminating the award, we request that 

NASA work with the Authorized 

Organizational Representative (AOR) to 

discuss and exhaustively explore all 

other options. 

NASA Response: NASA will first 

engage the recipient institution to 

discuss options including, but not 

limited to, use of a substitute PI or CoI. NASA anticipates that action to 

suspend/terminate the award will be 

necessary only if the recipient does not 

identify a reasonable alternative. If, 

based on the factors identified above, 

the recipient institution determines that 

it is appropriate to initiate use of a 

substitute PI on the award, and then at 

some future point, the administrative 

leave or administrative action is lifted, 

or if the PI or Co-I is found not to have 

violated the recipient’s policies, codes 

of conduct, statutes or regulations or 

executive orders relating to sexual 

harassment, the recipient should work 

with NASA regarding reinstatement of 

the PI to the award. 

Comment 5: Clarity is needed on 

confidentiality and use of reported 

information. We are very concerned 

about the prospect that sensitive 

personnel information, not otherwise 

public, could become public under 

FOIA. We ask that NASA carefully 

examine this issue and modify the 

proposed reporting requirements with 

clarifying language which sufficiently 

addresses these concerns. This will be 

particularly important if NASA chooses 

to maintain the reporting obligations in 

the new term and condition, which will 

result in the information arising from 

matters under an investigation that may 

not even lead to a finding of a violation. 

NASA should make clear in the new 

reporting requirements how it will 

handle reported information. Will it be 

shared with other agencies? Although 

we strongly recommend that NASA not 

mandate the reporting of all kinds of 

administrative actions, should the 

agency maintain that proposed 

requirement, it will be important for 

NASA to have a way to update its 

records following an institutional 

finding of no responsibility. Prior to 

implementation, NASA should be 

confident that its internal processes and 

protocols will fully address reasonable 

concerns. At the minimum, if a report 

is triggered before an investigation 

concludes and the investigation yields 

no ‘‘finding/determination,’’ which 

would require the awardee to provide 

further information to NASA, the 

agency should clearly note that in any 

archived material pertaining to that 

report. 

NASA Response: NASA recognizes 

the sensitivity of the information that 

may be contained in the notifications 

and will take appropriate steps to 

manage such information consistent 

with the Privacy Act, the Freedom of 

Information Act and other applicable 

federal laws. Importantly, NASA makes 

it clear in its proposed term and 

condition that it does not require names 

other than those of the relevant PI or CoI and that other names must not be 

included. 

NASA also recognizes that, because of 

the sensitivity of the information 

contained in the notifications, there is a 

need to limit exposure of this 

information on grant management 

systems and will protect the information 

consistent with federal law referenced 

above. NASA intends to follow the 

methodology of NSF in this regard, 

developing a secure mechanism by 

which the notifications will be routed 

directly to the NASA Office of Diversity 

and Equal Opportunity and limiting 

access to only those NASA personnel 

with an express need to know. NASA 

also has revised the term and condition 

to make clear to those submitting 

notifications not to include names other 

than the PI or Co-I. NASA has an 

obligation to keep complete and 

accurate records. Therefore, as part of 

the internal process to implement the 

term and condition, NASA will clearly 

note in its records when a recipient 

institution finds that an alleged harasser 

did not engage in harassment. 

Comment 6: The intersection with 

privacy regulations and state laws could 

pose conflicts. We have concerns about 

how the new reporting requirements 

will coincide with the Family 

Educational Rights and Privacy Act 

(FERPA) and other federal privacy 

regulations or state laws, which may 

prohibit sharing information on student 

and personnel matters outside of the 

higher education institution. We have 

concerns that there may be overlap or 

redundancy that could create conflicting 

legal obligations for higher education 

institutions. It is possible that conflicts 

between the NASA reporting 

requirement and other privacy 

regulations and laws may cause 

confusion for recipients and create 

questions about which legal obligation 

takes precedent. 

NASA Response: NASA agrees that in 

a rare circumstance that a PI or co-I is 

a student subject to FERPA, this 

reporting requirement could conflict 

with FERPA’s statutory prohibitions. 

Accordingly, footnote four was adjusted 

to note that institutions should comply 

with FERPA in these circumstances. 

With regard to state laws and 

regulations, many state privacy laws 

contain language allowing for 

information disclosure to federal 

agencies, and if there were to be a 

conflict, traditional preemption 

doctrines would apply. 

Comment 7: Subrecipient reporting 

should be the subrecipient’s 

responsibility. The proposed reporting 

requirement includes the requirement 

that ‘‘Recipient agrees to insert the 

substance of this term and condition in 

any subaward/subcontract involving a 

co-investigator. Recipient will be 

responsible for ensuring that all reports, 

including those related to coinvestigators, comply with this term and 

condition.’’ We recommend that if a 

subrecipient has a reportable finding/ 

determination, compliance with this 

rule shall be the direct responsibility of 

the subrecipient. Due to privacy 

concerns, it is not appropriate for the 

primary award recipient to have direct 

knowledge of the investigation being 

conducted by a subrecipient. The 

primary award recipient’s responsibility 

should be limited to passing through the 

appropriate terms and conditions from 

the prime award for inclusion in the 

subaward. We suggest that the 

subrecipient provide the subrecipient’s 

report directly to NASA. Any changes 

that directly impact the performance of 

the subaward or the prime recipient’s 

obligation to NASA should be 

communicated via the prior approval 

requirements of the subrecipient’s 

subaward. Any temporary/interim 

suspension or permanent removal of the 

PI or Co-I should be in accordance with 

the subrecipient’s policies or codes of 

conduct, as well as any relevant 

statutes, regulations, or executive 

orders. 

NASA Response: NASA agrees that 

the primary award recipient’s 

responsibility should be limited to 

passing through the appropriate terms 

and conditions from the prime award 


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Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Notices 13939 

5https://www.acenet.edu/news-room/Documents/ 

Comments-to-Education-Department-on-ProposedRule-Amending-Title-IX-Regulations.pdf and 

https://www.aau.edu/sites/default/files/AAU-Files/ 

Key-Issues/Higher-Education-Regulation/AAUTitle-IX-Comments-1-24-19.pdf and https://

www.aau.edu/sites/default/files/AAU-Files/KeyIssues/Higher-Education-Regulation/AAU-Title-IXComments-1-24-19.pdf. 

for inclusion in the subaward. NASA 

has revised the term and condition to 

require the subrecipient’s Authorized 

Organizational Representative to report 

notifications directly to NASA. The 

subrecipient must act in accordance 

with Title 2 Code of Federal 

Regulations, Section 200.331, 

Requirements for Pass-Through Entities. 

Comment 8: Interaction with pending 

Title IX rules and other existing federal 

and state rules. Colleges and 

universities have a clear and 

unambiguous responsibility under Title 

IX of the Education Amendments of 

1972 to respond to allegations of sexual 

harassment, including sexual assault 

. . . There are laws in addition to Title 

IX that address sexual harassment 

involving employees—most notably 

Title VII of the Civil Rights Act of 1964, 

but also numerous state and local laws. 

The overlapping but different 

requirements imposed by the new term 

and condition, Title VII, and state and 

local antidiscrimination laws could 

cause confusion and create conflicting 

obligations for institutions that are 

committed to complying with all 

applicable laws. Federal policy needs to 

give institutions enough flexibility to 

ensure that all legal and other 

obligations—no matter their source—are 

properly addressed when resolving 

sexual harassment allegations. The U.S. 

Department of Education published a 

proposed Title IX rule in late 2018 and 

the higher education community 

submitted comments in January 2019.5

When the rule is finalized later this 

year, colleges and universities will 

likely undertake changes in campus 

structures in regards to the 

implementation of the final rule. This, 

as well as the new terms and condition 

from NSF, NASA, and other federal 

agencies, without coordination or 

shared definitions, can make the process 

confusing and more complicated for the 

person reporting the harassment and the 

institution implementing the various 

rules. This is especially true as the Title 

IX offices are often the offices tasked 

with carrying out the new rules, while 

the AOR has the ultimate reporting duty 

to NASA. We ask wherever possible, 

NASA utilize existing definitions and 

harmonize with other federal agencies 

regarding existing rules and reporting 

requirements. 

NASA Response: NASA is 

coordinating its efforts with the White 

House National Science and Technology 

Joint Committee on Science and 

Technology Subcommittee on 

Coordinating Administrative 

Requirements for Research and the 

Subcommittee on Safe and Inclusive 

Research Environments to ensure NASA 

is proceeding in a coordinated manner 

with other agencies, including the 

National Science Foundation. This 

coordination includes utilizing existing 

definitions and harmonizing with other 

federal agencies regarding existing rules 

and reporting requirements, wherever 

possible. 

Comment 9: An appeals process is 

needed. NASA should provide for an 

appeals process for any determinations 

made with the new term and condition. 

This should also be coordinated with 

any institutional appeals process and is 

especially important as institutions 

often have complex multi-layered 

appeals procedures. A NASA appeals 

procedure is particularly necessary in 

cases in which an interim measure (e.g. 

administrative action) is imposed and 

reported to NASA but where the PI or 

Co-I is ultimately found not responsible. 

The outcome of an appeals process, 

whether at NASA or the institution, 

should be promptly shared between 

NASA and the institution. Also, please 

know that institutions welcome the 

opportunity to work with NASA in the 

development of an appeals process. 

NASA Response: NASA declines to 

establish an appeals process related to 

this term and condition. Federal civil 

rights laws and regulations prohibiting 

discrimination and harassment by 

recipients of federal financial assistance, 

including NASA regulations, provide 

recipients with due process rights for 

action taken by the Agency address a 

finding of non-compliance with these 

laws and regulations. The Agency will 

not take such action until it determines 

that (1) the recipient’s compliance 

cannot be secured by voluntary means, 

(2) there has been an express finding on 

the record, after opportunity for hearing, 

of a failure to comply with a 

requirement and (3) the action has been 

approved by the NASA Administrator. 

Comment 10: Submission of 

notification to NASA should be secure. 

The Federal Register notice indicates 

that notifications must be submitted by 

the AOR via email to NASA’s Office of 

Diversity and Equal Opportunity via 

email at: civilrightsinfo@nasa.gov. We 

recommend that NASA consider 

submission of notifications via a secure 

web portal rather than through email. 

NASA Response: NASA will develop 

a secure mechanism by which the 

notifications will be routed directly to 

the Office of Diversity and Equal 

Opportunity, which will limit access to 

only those NASA personnel with an 

express need to know. NASA also has 

revised the term and condition to make 

clear to those submitting notifications 

not to include names other than the PI 

or Co-I. 

Comment 11: Sufficient time is 

needed for the recipient to report 

notification of placement on 

administrative leave to NASA. The 

proposed reporting timeframe of seven 

(7) business days, however, may not 

allow institutions adequate time, 

particularly in the case of an 

administrative action. In the National 

Science Foundation (NSF) ‘‘Notification 

Requirements Regarding Findings of 

Sexual Harassment, Other Forms of 

Harassment, or Sexual Assault’’ 

published on September 21, 2018, the 

final term and condition allows for ten 

(10) business days for notification to 

NSF from the date of the finding/ 

determination, or the date of the 

placement of a PI or a Co-I by the 

awardee on administration leave.’’ 

While the difference is slight, it is 

helpful, and we believe there should be 

harmonization among the federal 

science agencies on these new terms 

and conditions wherever possible. 

NASA Response: NASA has revised 

the reporting requirement to allow 

recipients 10 business days to report 

from the date of a finding/ 

determination, the date of the placement 

of a Co-I on leave or the imposition of 

another administrative action. 

Comment 12: Implementation. 

According to the Federal Register 

notice, ‘‘upon receipt and resolution of 

all comments, it is NASA’s intention to 

implement the new term through 

revision of NASA’s ‘‘Agency Specific 

Requirements to the Research Terms 

and Conditions, the Grant General 

Conditions, and the Cooperative 

Agreement-Financial and 

Administrative Terms and Conditions.’’ 

We strongly encourage NASA’s Office of 

Civil Rights to thoroughly review and 

consider the comments received from 

the higher education and scientific 

communities before taking any action to 

implement these new reporting 

requirements. We also encourage NASA 

to consider convening a small 

roundtable discussion with key 

stakeholders from universities to 

discuss the new reporting requirements 

before implementing them. An open and 

comprehensive dialogue between NASA 

and the community is essential if we are 


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13940 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Notices 

to combat and end sexual harassment in 

the scientific workplace. 

NASA Response: NASA is thoroughly 

reviewing and considering all comments 

received. The Agency is aware that NSF 

held a roundtable discussion with key 

stakeholders before implementing its 

harassment reporting requirements. 

NASA intends to hold a diversity, 

equity and inclusion summit that will 

include discussion of its new 

requirements. 

University of California System 

Comment 1: Consistency. UC is 

primarily concerned with 

inconsistencies that exist between 

NASA’s proposal and NSF’s term and 

condition. Should other federal grantmaking agencies propose similar terms 

to require reporting of Sexual Violence 

and Sexual Harassment (SVSH policy) 

or other forms of harassment, UC is 

concerned that there would be a 

patchwork of possibly conflicting and 

burdensome requirements from agencies 

seeking to follow NSF’s and NASA’s 

example. UC first and foremost 

recommends consistency across federal 

grant-making agencies to avoid 

confusion about different reporting 

requirements. 

NASA Response: NASA is carefully 

reviewing all comments it has received 

requesting conformity between its 

reporting requirements and those of 

NSF. In addition, we are coordinating 

our efforts through the White House 

National Science and Technology Joint 

Committee on Science and Technology 

Subcommittee on Coordinating 

Administrative Requirements for 

Research and the Subcommittee on Safe 

and Inclusive Research Environments to 

ensure NASA is proceeding in a 

coordinated manner with other 

agencies. 

Comment 2: Timing of Notification. 

NASA’s proposal requires the 

recipient’s Authorized Organizational 

Representative (AOR) to submit a report 

within seven business days from the 

date of a finding/determination, the date 

of the placement of a (co-)PI on leave or 

the imposition of another administrative 

action. This timeline is both insufficient 

and inconsistent with NSF’s term and 

condition, which provides ten days to 

submit the necessary report. A 

discrepancy between NASA’s and NSF’s 

reporting deadlines, as currently 

proposed, would be burdensome on 

IHEs that are already tasked with 

maintaining compliance with multiple 

and often conflicting agency 

requirements, and would increase the 

risk of errors and missed reporting 

deadlines by grantees. To promote 

compliance by all institutions that 

would be subject to the term and 

condition, UC recommends that NASA 

modify its reporting deadline to ten 

business days, consistent with NSF’s 

current requirements. 

NASA Response: NASA has revised 

the reporting requirement to allow 

recipients 10 business days to report 

from the date of a finding/ 

determination, the date of the placement 

of a Co-I on leave or the imposition of 

another administrative action. 

Comment 3: Role of Subrecipients. UC 

has concerns regarding the role of 

subrecipients in the proposed NASA 

reporting process. The proposed term 

states that the recipient agrees to insert 

the term in any subcontract involving a 

co-investigator, and the recipient will be 

responsible for ensuring that all reports, 

including those relating to coinvestigators, comply with the term. 

This appears to imply that reports for 

co-investigators at subrecipient 

institutions must be reviewed and/or 

submitted by the recipient’s AOR. Such 

a requirement would put the recipient 

institution in the position of not only 

having potentially inappropriate access 

to sensitive information, but also having 

to determine whether the subrecipient 

institution has an event triggering 

NASA notification, and whether it has 

properly complied with the 

subrecipient’s own policies and 

procedures, with which the recipient 

would be unfamiliar. We are likewise 

concerned that the subrecipient would 

be required to submit such sensitive and 

premature information to primary 

awardees. We strongly urge NASA to 

revise this requirement to be consistent 

with the NSF process so that 

subrecipient institutions submit their 

own reports directly to NASA. 

NASA Response: NASA agrees that 

the primary award recipient’s 

responsibility should be limited to 

passing through the appropriate terms 

and conditions from the prime award 

for inclusion in the subaward. NASA 

has revised the term and condition to 

require the subrecipient’s Authorized 

Organizational Representative to report 

notifications directly to NASA. The 

subrecipient must act in accordance 

with Title 2 Code of Federal 

Regulations, Section 200.331, 

Requirements for Pass-Through Entities. 

Comment 4: Privacy. Reports of SVSH 

and assault potentially contain highly 

sensitive information not only about the 

respondent, but about the reporting 

parties and witnesses, who may be 

concerned about retaliation and other 

adverse effects on their careers. An 

effective SVSH investigation therefore 

requires impartiality, discretion and 

professionalism. These factors not only 

ensure a fair and thorough factual 

inquiry, but also protect the privacy, 

safety and reputations of all involved 

parties. The imperative of protecting 

privacy and respecting due process 

during an investigation is why UC is 

particularly concerned with the 

proposed requirement that universities 

report to NASA certain open 

investigations, i.e., those where a (co-)PI 

has been put on leave during the course 

of the investigation. Such a requirement 

can compromise investigations, interfere 

with the rights of both the reporting 

party and the party under investigation, 

undermine due process, lead to 

misunderstandings of NASA’s role in 

investigations and damage careers, 

including those of the (co-)PIs, coworkers and students. 

NASA Response: NASA views one of 

the primary purposes of a recipient 

institution in taking an action such as 

placing an individual on administrative 

leave is to better ensure the safety, 

including psychological and physical 

safety, of the research environment and 

the academic community. In the interest 

of ensuring safe and inclusive research 

environments, NASA is confident that 

recipient institutions, including 

universities and other entities, which 

are committed to safety and inclusion, 

will continue to utilize these kinds of 

actions, when it is appropriate to do so. 

NASA recognizes the sensitivity of 

the information that may be contained 

in the notifications and will take 

appropriate steps to manage such 

information consistent with the Privacy 

Act, the Freedom of Information Act 

and other applicable federal laws. 

Importantly, NASA makes it clear in its 

proposed term and condition that it 

does not require names other than those 

of the relevant PI or Co-I and that other 

names must not be included. 

NASA also recognizes that, because of 

the sensitivity of the information 

contained in the notifications, there is a 

need to limit exposure of this 

information on grant management 

systems. NASA intends to follow the 

methodology of NSF in this regard, 

developing a secure mechanism by 

which the notifications will be routed 

directly to the NASA Office of Diversity 

and Equal Opportunity and limiting 

access to only those NASA personnel 

with an express need to know. NASA 

also has revised the term and condition 

to make clear to those submitting 

notifications not to include names other 

than the PI or Co-I. As part of the 

internal process to implement the term 

and condition, NASA will clearly note 

in its records when a recipient 

institution finds that an alleged harasser 

did not engage in harassment. 


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Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Notices 13941 

Comment 5: Family Educational 

Rights and Privacy Act of 1974 (FERPA). 

In addition, the university must comply 

with FERPA, a federal law that protects 

the privacy of student education 

records. In the Reporting Requirements 

Regarding Findings of Harassment, 

Sexual Harassment, Other Forms of 

Harassment, or Sexual Assault we noted 

that footnote 1 of subsection (e) 

expressly states that the identification of 

the complainant or other individuals 

involved in the matter must not be 

included in the report, which protects 

the privacy of the complaining party, 

including students. However, the 

proposed NASA reporting obligations 

could conflict with FERPA in the 

uncommon instance when the co-(PI) 

alleged to have engaged in harassment 

is a graduate student. 

NASA Response: NASA agrees that in 

a rare circumstance that a PI or co-I is 

a student subject to FERPA, this 

reporting requirement could conflict 

with FERPA’s statutory prohibitions. 

Accordingly, footnote four was adjusted 

to note that institutions should comply 

with FERPA in these circumstances. 

NASA recognizes the sensitivity of the 

information that may be contained in 

the notifications and will take 

appropriate steps to manage such 

information consistent with the Privacy 

Act of 1974, the Freedom of Information 

Act and other applicable federal laws. 

Importantly, NASA makes it clear in its 

proposed term and condition that it 

does not require names other than those 

of the relevant PI or Co-I and that other 

names must not be included. With 

regard to state laws and regulations, 

many state privacy laws contain 

language allowing for information 

disclosure to federal agencies, and if 

there were to be a conflict, traditional 

preemption doctrines would apply 

Comment 6: Reports via Email. 

NASA’s proposed term would also 

require the recipient’s AOR to submit 

the necessary reports to NASA via 

email. Given the sensitive nature of the 

information contained in these reports, 

UC is concerned that this method of 

transmittal is not secure and may 

increase the risk of submission of 

spurious, malicious or unauthorized 

reports (i.e., not by the recipient’s 

recognized AOR). UC recommends that 

reports be transmitted through a more 

secure portal, consistent with the NSF 

procedures UC also encourages NASA 

to ensure that there is a mechanism to 

verify that reports are submitted by a 

valid AOR from the recipient 

institution. 

NASA Response: NASA will develop 

a secure mechanism consistent with 

federal privacy law by which the 

notifications will be routed directly to 

the Office of Diversity and Equal 

Opportunity, which will limit access to 

only those NASA personnel with an 

express need to know. NASA also has 

revised the term and condition to make 

clear to those submitting notifications 

not to include names other than the PI 

or Co-I. 

Comment 7: Appropriate Handling, 

Storage and Maintenance of 

Confidentiality. Grantee organizations 

need assurance that NASA will 

appropriately handle, store and 

maintain the confidentiality of such 

sensitive information, and NASA 

should clarify whether the information 

would be protected from potential 

subpoenas, Freedom of Information Act 

requests or any other legal action. 

NASA Response: NASA will develop 

a secure mechanism consistent with 

federal privacy law by which the 

notifications will be routed directly to 

the Office of Diversity and Equal 

Opportunity, which will limit access to 

only those NASA personnel with an 

express need to know. NASA also has 

revised the term and condition to make 

clear to those submitting notifications 

not to include names other than the PI 

or Co-I. As to potential subpoenas, 

Freedom of Information Act requests or 

any other legal action, again, NASA will 

act in accord with all applicable law. 

Comment 8: Clarity/Definitions. 

NASA’s proposed term makes general 

references to ‘‘statutes’’ and 

‘‘regulations.’’ UC requests clarification 

as to whether the reportable findings are 

limited to categories protected under 

federal civil rights law or whether 

findings of discrimination and 

harassment expressly protected by state 

laws and regulations should also be 

reported. 

NASA Response: NASA has revised 

the term and condition to add a 

definitions section. NASA defines 

finding/determination as ‘‘The final 

disposition of a matter involving sexual 

harassment or other form of harassment 

under organizational policies and 

processes, to include the exhaustion of 

permissible appeals exercised by the PI 

or Co-I, or a conviction of a sexual 

offense in a criminal court of law.’’ The 

reporting requirement is limited to only 

federal laws over which NASA has 

jurisdiction. 

Comment 9: Impact on Project 

Members/Reporting. Consequences for 

violations of SVSH policy or other 

harassment policies are determined at 

the end of the investigation when the 

preponderance of the evidence shows 

the employee violated policy. UC is 

concerned that NASA’s reporting 

requirement, as proposed, could 

irreparably damage NASA-funded 

projects as well as the reputations of 

individuals involved—particularly if an 

allegation of harassment or assault is not 

substantiated. Participants on a NASA 

project, including postdoctoral 

researchers, staff and students, may 

experience adverse impacts on their 

current and future professional 

endeavors and livelihoods. As a result, 

NASA project members may be 

reluctant to report harassment if they 

believe a report could disrupt or 

terminate their project. Further, UC is 

concerned that the term does not 

address NASA’s process in those 

situations in which a report is made 

concerning allegations that are later 

found to be unsubstantiated. In such a 

circumstance, UC would expect that 

names of exonerated PIs or Co-Is would 

be removed from any allegation-related 

internal NASA lists or databases on 

which they had appeared. 

NASA Response: Civil rights laws and 

their implementing regulations protect 

NASA project members who report 

harassment from retaliation. NASA’s 

Office of Diversity and Equal 

Opportunity investigates complaints of 

retaliation. As to removing names of PIs 

or Co-Is ultimately found not to have 

engaged in harassment in violation of a 

recipient’s policy, NASA will clearly 

note in its records when an alleged 

harasser is found not to have harassed, 

as it has an obligation to ensure the 

accuracy of our records. 

University of Wisconsin-Madison 

Comment 1: NASA is proposing that 

reports be submitted ‘‘within seven 

business days from the date of the 

finding/determination, or the date of the 

placement of a PI or Co-I by the 

recipient on administrative leave or the 

imposition of an administrative action.’’ 

Originally, NSF proposed that reports be 

submitted within seven business days. 

Ultimately, based on public comments, 

NSF decided to allow ten business days 

to report, which is a more reasonable 

period of time for institutions to convey 

information. Submission necessitates 

coordination between multiple offices, 

which takes time. 

NASA Response: NASA has revised 

the reporting requirement to allow 

recipients 10 business days to report 

from the date of a finding/ 

determination, the date of the placement 

of a Co-I on leave or the imposition of 

another administrative action. 

Comment 2: NASA is requesting that 

reports be sent to an email address. 

However, email may not be a secure 

form of communication. Given the 

sensitive nature of the reports, we 

recommend that NASA consider 


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13942 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Notices 

creating a secure website to receive 

these reports. Again, in response to 

public comments, NSF created a secure 

website for reporting, and we ask NASA 

to do the same. NASA’s expectations 

about what should occur if a reportable 

instance happens at a subrecipient 

institution is not clear. The Notice 

reads: ‘‘(d) Recipient agrees to insert the 

substance of this term and condition in 

any subaward/subcontract involving a 

co-investigator. 

Recipient will be responsible for 

ensuring that all reports, including 

those related to co-investigators, comply 

with this term and condition.’’ This 

could mean a number of different 

things, including: 

a. The subrecipient institution is 

responsible for submitting reports to 

NASA, or 

b. The subrecipient institution must 

provide information to the recipient, 

who ensures that all required data 

elements are included prior to the 

recipient submitting the report, or 

c. The subrecipient institution must 

provide information to the recipient, 

who ensures that all required data 

elements are included prior to the 

subrecipient submitting the report, or 

d. The subrecipient institution must 

provide a certification to the recipient 

institution that, should the subrecipient 

make a report to NASA, it will do so in 

compliance with the reporting 

requirements. 

As written, the language does not 

provide clear direction to the recipient 

and subrecipient. An area of concern is 

privacy. Should an administrative 

action be taken or administrative leave 

imposed in anticipation of investigating 

an allegation, the investigation may 

result in a conclusion that a violation 

did not occur. In this case, an 

individual’s reputation may be harmed 

if entities other than those with a need 

to know are privy to the information. 

NASA should clarify expectations and 

responsibilities for both the recipient 

and subrecipient and do so in a manner 

that protects privacy. To align with 

NSF, we recommend that NASA 

consider requiring that reports be 

submitted directly from the subrecipient 

to NASA. 

NASA Response: In response to the 

recommendation that NASA create a 

secure website to receive these reports, 

NASA has developed a secure 

mechanism by which the notifications 

will be routed directly to the Office of 

Diversity and Equal Opportunity, which 

will limit access to only those NASA 

personnel with an express need to 

know. NASA also has revised the term 

and condition to make clear to those 

submitting notifications not to include 

names other than the PI or Co-I. In 

response to the recommendation that 

NASA should clarify expectations and 

responsibilities for both the recipient 

and subrecipient, NASA has revised the 

term and condition to require the 

Authorized Organizational 

Representative of the subrecipient 

institution to notify NASA directly. 

Cheryl Parker, 

Federal Register Liaison Officer. 

[FR Doc. 2020–04815 Filed 3–9–20; 8:45 am] 

BILLING CODE 7510–13–P 

NATIONAL SCIENCE FOUNDATION 

Proposal Review Panel for Physics; 

Notice of Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92– 

463, as amended), the National Science 

Foundation (NSF) announces the 

following meeting: 

Name and Committee Code: Proposal 

Review Panel for the Division of Physics 

(1208)—PFC JILA Site Visit. 

Date and Time: April 27, 2020; 8:30 

a.m.–7:00 p.m., April 28, 2020; 8:30 

a.m.–4:00 p.m. 

Place: University of Colorado at 

Boulder, 440 UCB, Boulder, CO 80309. 

Type of Meeting: Part-Open. 

Contact Person: Jean Cottam-Allen, 

Program Director for Physics Frontier 

Centers, Division of Physics; National 

Science Foundation, 2415 Eisenhower 

Avenue, Room 9235, Alexandria, VA 

22314; Telephone: (703) 292–8783. 

Purpose of Meeting: Site visit to 

provide an evaluation of the progress of 

the projects at the host site for the 

Division of Physics at the National 

Science Foundation. 

Agenda 

April 27, 2020; 8:30 a.m.–7:00 p.m. 

8:30 a.m.–12:00 p.m. 

Panel Session: Presentations on 

Center Overview, Management and 

Science 

12:00 p.m.–1:30 p.m. 

Lunch with Graduate Students and 

Postdocs 

1:30 p.m.–4:00 p.m. 

Panel Session: Continued Science 

Presentations, Education and 

Outreach 

4:00 p.m.–5:00 p.m. 

Executive Session—CLOSED 

SESSION 

5:00 p.m.–7:00 p.m. 

Poster Session 

7:00 p.m. 

Executive Session—CLOSED 

SESSION 

April 28, 2020; 8:30 a.m.–4:00 p.m. 

8:30 a.m.–11:00 a.m. 

Meeting with University 

Administrators, Discussion with 

Center Directors 

11:00 a.m.–3:00 p.m. 

Executive Session—CLOSED 

SESSION 

3:00 p.m.–4:00 p.m. 

Closeout Session with Center 

Directors 

Reason for Closing: Topics to be 

discussed and evaluated during closed 

portions of the site review will include 

information of a proprietary or 

confidential nature, including technical 

information and information on 

personnel. These matters are exempt 

under 5 U.S.C. 552b(c), (4) and (6) of the 

Government in the Sunshine Act. 

Dated: March 5, 2020. 

Crystal Robinson, 

Committee Management Officer. 

[FR Doc. 2020–04845 Filed 3–9–20; 8:45 am] 

BILLING CODE 7555–01–P 

NATIONAL SCIENCE FOUNDATION 

Proposal Review Panel for Physics; 

Notice of Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92– 

463, as amended), the National Science 

Foundation (NSF) announces the 

following meeting: 

Name and Committee Code: Proposal 

Review Panel for the Division of Physics 

(1208)—PFC CUA Site Visit. 

Date and Time: April 30, 2020; 8:30 

a.m.–7:00 p.m.; May 1, 2020; 8:30 a.m.– 

4:00 p.m. 

Place: Massachusetts Institute of 

Technology, 77 Massachusetts Avenue, 

Cambridge, MA 02139–4307. 

Type of Meeting: Part-Open. 

Contact Person: Jean Cottam-Allen, 

Program Director for Physics Frontier 

Centers, Division of Physics, National 

Science Foundation, 2415 Eisenhower 

Avenue, Room 9235, Alexandria, VA 

22314; Telephone: (703) 292–8783. 

Purpose of Meeting: Site visit to 

provide an evaluation of the progress of 

the projects at the host site for the 

Division of Physics at the National 

Science Foundation. 

Agenda 

April 30, 2020; 8:30 a.m.–7:00 p.m. 

8:30 a.m.–12:00 p.m. 

Panel Session: Presentations on 

Center Overview, Management and 

Science 

12:00 p.m.–1:30 p.m. 

Lunch with Graduate Students and 

Postdocs 


khammond on DSKJM1Z7X2PROD with NOTICES