[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: 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.