[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: 45CFR613.4]

[Page 135-136]
 
                        TITLE 45--PUBLIC WELFARE
 
                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION
 
PART 613_PRIVACY ACT REGULATIONS--Table of Contents
 
Sec. 613.4  Amendment of records.

    (a) Where to make a request. An individual may request amendment of 
records pertaining to him or her that are maintained in an NSF Privacy 
Act system of records, except that certain records described in 
subparagraph (h) of this section are exempt from amendment. Request for 
amendment of records must be made in writing to the NSF Privacy Act 
Officer, National Science Foundation, Suite 1265, 4201 Wilson Boulevard, 
Arlington, VA 22230.
    (b) How to make a request. Your request should identify each 
particular record in question, state the amendment you want to take 
place, and specify why you believe that the record is not accurate, 
relevant, timely, or complete. You may submit any documentation that you 
think would be helpful. Providing an edited copy of the record(s) 
showing the desired change will assist the agency in making a 
determination about your request. If you believe that the same 
information is maintained in more than one NSF system of records you 
should include that information in your request. You must sign your 
request and provide verification of your identity as specified in Sec. 
613.2(c).
    (c) Timing of responses to requests. The Privacy Act Officer, or his 
or her designee, will acknowledge receipt of request for amendment 
within 10 working days of receipt. Upon receipt of a proper request the 
Privacy Act Officer will promptly confer with the NSF Directorate or 
Office with responsibility for the record to determine if the request 
should be granted in whole or part.
    (d) Granting request for amendment. When a determination is made to 
grant a request for amendment in whole or part, notification to the 
requester will be made as soon as possible, normally within 30 working 
days of the Privacy Act Officer receiving the request, describing the 
amendment made and including a copy of the amended record, in 
disclosable form.
    (e) Denying request for amendment. When a determination is made that 
amendment, in whole or part, is unwarranted, the matter shall be brought 
to the attention of the Inspector General, if it pertains to records 
maintained by the Office of the Inspector General, or to the attention 
of the General Counsel, if it pertains to other NSF records. If the 
General Counsel or Inspector General or their designee agrees with the 
determination that amendment is not warranted, the Privacy Act Officer 
will notify the requester in writing, normally within 30 working days of 
the Privacy Act Officer receiving the request. The notification letter 
will be signed by the Privacy Act Officer or his or her designee, and 
will include a statement of the reason(s) for the denial and how to 
appeal the decision.
    (f) Appealing a denial. You may appeal a denial of a request to 
amend records to the General Counsel, National Science Foundation, 4201 
Wilson Blvd, Suite 1265, Arlington, VA 22230. You must make your appeal 
in writing and it must be received by the Office of the General Counsel 
within ten days of the receipt of the denial (weekends, legal holidays, 
and the date of receipt excluded). Clearly mark your appeal letter and 
envelope ``Privacy Act Appeal.'' Your appeal letter must include a copy 
of your original request for amendment and the denial letter, along with 
any additional documentation or argument you wish to submit in favor of 
amending the records. It must be signed by you or your officially 
designated representative.
    (g) Responses to appeals. The General Counsel, or his or her 
designee, will normally render a decision on the appeal within thirty 
working days after proper receipt of the written appeal by

[[Page 136]]

the General Counsel. If additional time to make a determination is 
necessary you will be advised in writing of the need for an extension.
    (1) Amendment appeal granted. If on appeal the General Counsel, or 
his or her designee, determines that amendment of the record should take 
place, you will be notified as soon as possible of the Foundation's 
decision. The notification will describe the amendment made and include 
a copy of the amended record, in disclosable form.
    (2) Amendment appeal denied--Statement of disagreement. If on appeal 
the General Counsel, or his or her designee, upholds a denial of a 
request for amendment of records, you will be notified in writing of the 
reasons why the appeal was denied and advised of your right to seek 
judicial review of the decision. The letter will also notify you of your 
right to file with the Foundation a concise statement setting forth the 
reasons for your disagreement with the refusal of the Foundation to 
amend the record. The statement should be sent to the Privacy Act 
Officer, who will ensure that a copy of the statement is placed with the 
disputed record. A copy of the statement will be included with any 
subsequent disclosure of the record.
    (h) Records not subject to amendment. The following records are not 
subject to amendment:
    (1) Transcripts of testimony given under oath or written statements 
made under oath;
    (2) Transcripts of grand jury proceedings, judicial proceedings, or 
quasi-judicial proceedings, which are the official record of those 
proceedings;
    (3) Pre-sentence records that originated with the courts; and
    (4) Records in systems of records that have been exempted from 
amendment under Privacy Act, 5 U.S.C. 552a(j) or (k) by notice published 
in the Federal Register.