[Code of Federal Regulations]
[Title 45, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR612.5]

[Page 122-123]
 
                        TITLE 45--PUBLIC WELFARE
 
                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION
 
PART 612_AVAILABILITY OF RECORDS AND INFORMATION--Table of Contents
 
Sec. 612.5  Timing of responses to requests.

    (a) In general. NSF ordinarily will initiate processing of requests 
according to their order of receipt.

[[Page 123]]

    (b) Time for response. The Foundation will seek to take appropriate 
agency action within 20 days of when a request is received or is 
perfected (excluding the date of receipt, weekends, and legal holidays), 
whichever is later. A request which otherwise meets the requirements of 
Sec. 612.3 is perfected when you have reasonably described the records 
sought under Sec. 612.3(d), and agreed to pay fees under Sec. 
612.3(c), or otherwise met the fee requirements under Sec. 612.10.
    (c) Unusual circumstances. (1) Where the time limits for processing 
a request cannot be met because of unusual circumstances, as defined in 
the FOIA, the FOIA Officer will notify the requester as soon as 
practicable in writing of the unusual circumstances and may extend the 
response period for up to ten working days.
    (2) Where the extension is for more than ten working days, the FOIA 
Officer will provide the requester with an opportunity either to modify 
the request so that it may be processed within the ten day extension 
period or to arrange an agreed upon alternative time period with the 
FOIA Officer for processing the request or a modified request.
    (d) Expedited processing. (1) If you want to receive expedited 
processing you must submit a statement, certified to be true and correct 
to the best of your knowledge and belief, explaining in detail the basis 
for requesting expedited processing.
    (2)(i) Requests and appeals will be given expedited treatment 
whenever it is determined that a requester has demonstrated compelling 
need by presenting:
    (A) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual; or
    (B) An urgency to inform the public about an actual or alleged 
Federal government activity, if made by a person primarily engaged in 
disseminating information.
    (ii) For example, a requester who is not a full-time member of the 
news media must establish that he or she is a person whose main 
professional activity or occupation is information dissemination, though 
it need not be his or her sole occupation. Such requester also must 
establish a particular urgency to inform the public about the government 
activity involved in the request, beyond the public's right to know 
about government activity generally, and that the information sought has 
particular value that would be lost if not disseminated quickly.
    (3) Within ten calendar days of receipt of a request for expedited 
processing, the FOIA Officer or OIG will decide whether to grant it, and 
will notify the requester of the decision orally or in writing. If a 
request for expedited treatment is granted, the request will be 
processed as soon as practicable. If a request for expedited processing 
is denied, any appeal of that decision will be acted on expeditiously.