[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: 45CFR613.3]



[Page 134-135]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 613_PRIVACY ACT REGULATIONS--Table of Contents

 

Sec. 613.3  Responding to requests for access to records.



    (a) Timing of responses to requests. The Foundation will make 

reasonable effort to act on a request for access to records within 20 

days of its receipt by the Privacy Act Officer (excluding date of 

receipt, weekends, and legal holidays) or from the time any required 

identification is received by the Privacy Act Officer, whichever is 

later. In determining which records are responsive to a request, the 

Foundation will include only records in its possession as of the date of 

receipt. When the agency cannot complete processing of a request within 

20 working days, the foundation will send a letter explaining the delay 

and notifying the requester of the date by which processing is expected 

to be completed.

    (b) Authority to grant or deny requests. The Privacy Act Officer, or 

his or her designee in the office with responsibility for the requested 

records, is authorized to grant or deny access to a Foundation record.

    (c) Granting access to records. When a determination is made to 

grant a request for access in whole or part, the requester will be 

notified as soon as possible of the Foundation's decision. Where a 

requester has previously failed to pay a properly charged fee to any 

agency within 30 days of the date of billing, NSF may require the 

requester to pay the full amount due, plus any applicable interest, and 

to make an advance payment of the full amount of any anticipated fee, 

before NSF begins to process a new request or continues to process a 

pending request from that requester.

    (1) Requests made in person. When a request is made in person, if 

the records can be found, and reviewed for access without unreasonable 

disruption of agency operations, the Foundation may disclose the records 

to the requester directly upon payment of any applicable fee. A written 

record should be made documenting the granting of the request. If a 

requester is accompanied by another person, the requester shall be 

required to authorize in writing any discussion of the records in the 

presence of the other person.

    (2) Requests made in writing. The Foundation will send the records 

to the requester promptly upon payment of any applicable fee.

    (d) Denying access to records. The requester will be notified in 

writing of any determination to deny a request for access to records. 

The notification



[[Page 135]]



letter will be signed by the Privacy Act Officer, or his or designee, as 

the individual responsible for the denial and will include a brief 

statement of the reason(s) for the denial, including any Privacy Act 

exemption(s) applied in denying the request.

    (e) Fees. The Foundation will charge for duplication of records 

requested under the Privacy Act in the same way it charges for 

duplication under the Freedom of Information Act (see CFR 612.10). No 

search or review fee may be charged for the record unless the record has 

been exempted from access under Exemptions (j)(2) or (k)(2) of the 

Privacy Act.