[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR689.6]



[Page 252-253]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 689_RESEARCH MISCONDUCT--Table of Contents

 

Sec. 689.6  Investigations.



    (a) When an awardee institution or another Federal agency has 

promptly initiated its own investigation, OIG may defer an NSF inquiry 

or investigation until it receives the results of that external 

investigation. If it does not receive the results within 180 days, OIG 

may proceed with its own investigation.

    (b) If OIG decides to initiate an NSF investigation, it must give 

prompt written notice to the individual or institutions to be 

investigated, unless notice would prejudice the investigation or unless 

a criminal investigation is underway or under active consideration. If 

notice is delayed, it must be given as soon as it will no longer 

prejudice the investigation or contravene requirements of law or Federal 

law-enforcement policies.

    (c) If a criminal investigation by the Department of Justice, the 

Federal Bureau of Investigation, or another Federal agency is underway 

or under active consideration by these agencies or the NSF, OIG will 

determine what information, if any, may be disclosed to the subject of 

the investigation or to other NSF employees.

    (d) An NSF investigation may include:



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    (1) Review of award files, reports, and other documents already 

readily available at NSF or in the public domain;

    (2) Review of procedures or methods and inspection of laboratory 

materials, specimens, and records at awardee institutions;

    (3) Interviews with subjects or witnesses;

    (4) Review of any documents or other evidence provided by or 

properly obtainable from parties, witnesses, or other sources;

    (5) Cooperation with other Federal agencies; and

    (6) Opportunity for the subject of the investigation to be heard.

    (e) OIG may invite outside consultants or experts to participate in 

an NSF investigation. They should be appointed in a manner that ensures 

the official nature of their involvement and provides them with legal 

protections available to federal employees.

    (f) OIG will make every reasonable effort to complete an NSF 

investigation and to report its recommendations, if any, to the Deputy 

Director within 180 days after initiating it.