[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: 45CFR613.5]



[Page 136-137]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 613_PRIVACY ACT REGULATIONS--Table of Contents

 

Sec. 613.5  Exemptions.



    (a) Fellowships and other support. Pursuant to 5 U.S.C. 552a(k)(6), 

the Foundation hereby exempts from the application of 5 U.S.C. 

552a(c)(3) and (d) any materials which would reveal the identity of 

references of fellowship or other award applicants or nominees, or 

reviewers of applicants for Federal contracts (including grants and 

cooperative agreements) contained in any of the following systems of 

records:

    (1) ``Fellowships and Other Awards,''

    (2) ``Principal Investigator/Proposal File and Associated Records,''

    (3) ``Reviewer/Proposal File and Associated Records,'' and

    (4) ``Reviewer/Fellowship and Other Awards File and Associated 

Records.''

    (b) OIG Files Compiled for the Purpose of a Criminal Investigation 

and for Related Purposes. Pursuant to 5 U.S.C. 552a(j)(2), the 

Foundation hereby exempts the system of records entitled ``Office of 

Inspector General Investigative Files,'' insofar as it consists of 

information compiled for the purpose of a criminal investigation or for 

other purposes within the scope of 5 U.S.C. 552a(j)(2), from the 

application of 5 U.S.C. 552a, except for subsections (b), (c)(1) and 

(2), (e)(4)(A) through (F), (e)(6), (7), (9), (10) and (11), and (i).

    (c) OIG and ACA Files Compiled for Other Law Enforcement Purposes. 

Pursuant to 5 U.S.C. 552a(k)(2), the Foundation hereby exempts the 

systems of records entitled ``Office of Inspector General Investigative 

Files'' and ``Antarctic Conservation Act Files'' insofar as they consist 

of information compiled for law enforcement purposes other than material 

within the scope of 5 U.S.C. 552a(j)(2), from the application of 5 

U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).

    (d) Investigations of Scientific Misconduct. Pursuant to 5 U.S.C. 

552a(k)(2) and (k)(5), the Foundation hereby exempts from the 

application of 5 U.S.C. 552a(c)(3) and (d) any materials which would 

reveal the identity of confidential sources of information contained in 

the following system of records: ``Debarment/Scientific Misconduct 

Files.''

    (e) Personnel Security Clearances. Pursuant to 5 U.S.C. 552a(k)(5), 

the Foundation hereby exempts from the application of 5 U.S.C. 

552a(c)(3) and (d) any materials which would reveal the identity of 

confidential sources of information contained in the following system of 

records: ``Personnel Security.''

    (f) Applicants for Employment. Records on applicants for employment 

at NSF are covered by the Office of Personnel Management (OPM) 

government-wide



[[Page 137]]



system notice ``Recruiting, Examining and Placement Records.'' These 

records are exempted as claimed in 5 CFR 297.501(b)(7).

    (g) Statistical records. Pursuant to 5 U.S.C. 552a(k)(4), the 

Foundation hereby exempts the systems of records entitled ``Doctorate 

Records Files,'' ``Doctorate Work History Files,'' and ``National Survey 

of Recent College Graduates & Follow-up Files'' from the application of 

5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).

    (h) Other records. The Foundation may also assert exemptions for 

records received from another agency that could properly be claimed by 

that agency in responding to a request.