Proposed Changes to Exemptions Under CFR Part 613-Privacy Act Regulations, 30917-30920 [05-10701]

Download as PDF 30917 Proposed Rules Federal Register Vol. 70, No. 103 Tuesday, May 31, 2005 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF EDUCATION • Thursday, July 7, 2005 in San Antonio, TX at the Education Service Center, Region 20, 1314 Hines Avenue; and • Tuesday, July 12, 2005 in Washington, DC at Gallaudet University, Kellogg Conference Center, 800 Florida Avenue, NE. NATIONAL SCIENCE FOUNDATION Troy R. Justesen, U.S. Department of Education, 400 Maryland Avenue, SW., room 5138, Potomac Center Plaza, Washington, DC 20202. Telephone: (202) 245–7468 or by e-mail: osep@ed.gov. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service (FRS) at 1– 800–877–8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed in this section. Electronic Access to This Document: You may view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF) on the Internet at the following site: https://www.ed.gov/news/ fedregister. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1– 888–293–6498; or in the Washington, DC, area at (202) 512–1530. AGENCY: FOR FURTHER INFORMATION CONTACT: 34 CFR Parts 300 and 303 Individuals With Disabilities Education Act, as Amended by the Individuals With Disabilities Education Improvement Act of 2004 (IDEA) Office of Special Education and Rehabilitative Services (OSERS), Department of Education. ACTION: Notice of public meetings and correction. AGENCY: SUMMARY: We published a notice in the Federal Register on April 1, 2005 (70 FR 16784), announcing plans to hold a series of public meetings to seek comments and suggestions about proposed regulations under 34 CFR parts 300 and 303 to implement programs under the recently amended IDEA. Under DATES, the day and date listed for the first meeting has been changed. The first meeting is listed as ‘‘Monday, June 6, 2005 in San Antonio, TX’’. This date is corrected to read ‘‘Thursday, July 7, 2005 in San Antonio, TX’’ for this location. This document also provides the information on specific sites for each of the currently planned public meetings. DATES: The IDEA public meetings will be held from 1 p.m. to 4 p.m. and from 5 p.m. to 7 p.m.: • Friday, June 17, 2005 in Nashville, TN at the Joe and Faye Wyatt Center for Education, 1930 South Drive, Peabody College, Vanderbilt University; • Wednesday, June 22, 2005 in Sacramento, CA at the John F. Kennedy High School, 6715 Gloria Drive; • Friday, June 24, 2005 in Las Vegas, NV at the Donald C. Moyer Student Union, University of Nevada-Las Vegas, 4505 Maryland Parkway; • Monday, June 27, 2005 in New York, NY at the W Hotel of New York, Forest 1 Room, 541 Lexington Avenue, Between 49th and 50th Street; • Wednesday, June 29, 2005 in Chicago, IL at the Palmer House Hilton, Red Lacquer Room, 17 E. Monroe Street; VerDate jul<14>2003 14:38 May 27, 2005 Jkt 205001 Note: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: https://www.gpoaccess.gov/nara/ index.html. Dated: May 24, 2005. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. 05–10762 Filed 5–27–05; 8:45 am] BILLING CODE 4000–01–P PO 00000 45 CFR Part 613 RIN 3145–AA43 Proposed Changes to Exemptions Under CFR Part 613—Privacy Act Regulations ACTION: National Science Foundation. Proposed rule. SUMMARY: Part 613.5 Exemptions will be amended to add (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). DATES: June 30, 2005. ADDRESSES: Address all comments concerning this notice to Leslie Jensen, National Science Foundation, Office of the General Counsel, Room 1265, Wilson Boulevard, Arlington, Virginia 22230. FOR FURTHER INFORMATION CONTACT: Leslie Jensen: (703) 292–8060. SUPPLEMENTARY INFORMATION: You may submit comments by sending electronic mail (e-mail) to ljensen@nsf.gov. Submit comments as an ASCII file avoiding the use of special characters and any form of encryption. Identify all comments sent in electronic e-mail with subject line: Comments to proposed changes. Lawrence Rudolph, General Counsel. List of Subjects in 45 CFR Part 613 Privacy. For the reason stated in the preamble, the National Science Foundation proposes to revise 45 CFR Part 613 as follows: PART 613—PRIVACY ACT REGULATORY Sec. 613.1 General provisions 613.2 Requesting access to records 613.3 Responding to requests for access to records 613.4 Amendment of records 613.5 Exemptions 613.6 Other rights and services Authority: 5 U.S.C. 552a. Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\31MYP1.SGM 31MYP1 30918 § 613.1 Federal Register / Vol. 70, No. 103 / Tuesday, May 31, 2005 / Proposed Rules General Provisions. This part sets forth the National Science Foundation procedures under the Privacy Act of 1974. The rules in this part apply to all records in systems of records maintained by NSF that are retrieved by an individual’s name or personal identifier. They describe the procedures by which individuals, as defined in the Privacy Act, may request access to records about themselves and request amendment or corrections of those records. All Privacy Act requests for access to records are also processed under the Freedom of Information Act, 5 U.S.C. 552 (as provided in Part 612 of this chapter), which gives requesters the benefit of both statutes. Notice of systems of records maintained by the National Science Foundation are published in the Federal Register. § 613.2 Requesting access to records. (a) Where to make a request. You may make a request for access to NSF records about yourself by appearing in person at the National Science Foundation or by making a written request. If you choose to visit the Foundation, you must contact the NSF Security Desk and ask to speak with the Foundation’s Privacy Act Officer in the Office of the General Counsel. Written requests should be sent to the NSF Privacy Act Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 1265, Arlington, VA 22230. Written requests are recommended, since in many cases it may take several days to determine whether a record exists, and additional time may be required for record(s) retrieval and processing. (b) Description of requested records. You must describe the records that you seek in enough detail to enable NSF personnel to locate the system of records containing them with a reasonable amount of effort. Providing information about the purpose for which the information was collected, applicable time periods, and name or identifying number of each system of records in which you think records about you may be kept, will help speed the processing of your request. NSF publishes notices in the Federal Register that describe the systems of records maintained by the Foundation. The Office of the Federal Register publishes a biennial ‘‘Privacy Act Compilation’’ that includes NSF system notices. This compilation is available in many large reference and university libraries, and can be accessed electronically at the Government Printing Office’s Web site at https:// www.access.gpo.gov/su_docs/aces/ PrivacyAct.shtml. VerDate jul<14>2003 14:38 May 27, 2005 Jkt 205001 (c) Verification of identity. When requesting access to records about yourself, NSF requires that you verify your identify in an appropriate fashion. Individuals appearing in person should be prepared to show reasonable picture identification such as driver’s license, government or other employment identification card, or passport. Written requests must state your full name and current address. You must sign your request and your signature must be notarized, or submitted by you under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. While no specific form is required, you may obtain information about these required elements for requests from the NSF Privacy Act Officer, Suite 1265, 4201 Wilson Blvd., Arlington, VA 22230, or from the NSF Home Page under ‘‘Public & Media Information— FOIA and Privacy Act’’ at https:// www.nsf.gov/home/pubinfo/foia.htm. In order to help agency personnel in locating and identifying requested records, you may also, at your option, include your social security number, and/or date and place of birth. An individual reviewing his or her record(s) in person may be accompanied by an individual of his or her choice after signing a written statement authorizing that individual’s presence. Individuals requesting or authorizing the disclosure of records to a third party must verify their identify and may specifically name the third party and identify the information to be disclosed. (d) Verification of guardianship. When making a request as the parent or guardian of a minor or as the guardian of someone determined by a court of competent jurisdiction to be incompetent, for access to records about that individual, you must establish: (1) The identity of the record subject, by stating individual’s name and current address and, at your option, the social security number and/or date and place of birth of the individual; (2) Your own identity, as required in paragraph (c) of this section; (3) That you are the parent or guardian of that individual, which you may prove by providing a copy of the individual’s birth certificate showing your parentage or by providing a court order establishing your guardianship; and (4) That you are acting on behalf of that individual in making the request. (e) The procedures of paragraphs (a) through (d) of this section shall also apply to requests made pursuant to 5 U.S.C. 552a(c)(3). PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 § 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) Request 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 letter will be signed by the Privacy Act Officer, or his or her designee, as the individual responsible for the denial E:\FR\FM\31MYP1.SGM 31MYP1 Federal Register / Vol. 70, No. 103 / Tuesday, May 31, 2005 / Proposed Rules 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 45 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. § 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 paragraph (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 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 records 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. VerDate jul<14>2003 14:38 May 27, 2005 Jkt 205001 (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 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 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 30919 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. § 613.5 Exemptions. (a) Fellowships and other support. 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 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 purposes 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’’ E:\FR\FM\31MYP1.SGM 31MYP1 30920 Federal Register / Vol. 70, No. 103 / Tuesday, May 31, 2005 / Proposed Rules 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 VerDate jul<14>2003 14:38 May 27, 2005 Jkt 205001 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 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 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 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. § 613.6 Other rights and services. Nothing in this subpart shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the Privacy Act. [FR Doc. 05–10701 Filed 5–27–05; 8:45 am] BILLING CODE 7535–01–M E:\FR\FM\31MYP1.SGM 31MYP1

Agencies

[Federal Register Volume 70, Number 103 (Tuesday, May 31, 2005)]
[Proposed Rules]
[Pages 30917-30920]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10701]


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NATIONAL SCIENCE FOUNDATION

45 CFR Part 613

RIN 3145-AA43


Proposed Changes to Exemptions Under CFR Part 613--Privacy Act 
Regulations

AGENCY: National Science Foundation.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Part 613.5 Exemptions will be amended to add (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).

DATES: June 30, 2005.

ADDRESSES: Address all comments concerning this notice to Leslie 
Jensen, National Science Foundation, Office of the General Counsel, 
Room 1265, Wilson Boulevard, Arlington, Virginia 22230.

FOR FURTHER INFORMATION CONTACT: Leslie Jensen: (703) 292-8060.

SUPPLEMENTARY INFORMATION: You may submit comments by sending 
electronic mail (e-mail) to ljensen@nsf.gov.
    Submit comments as an ASCII file avoiding the use of special 
characters and any form of encryption. Identify all comments sent in 
electronic e-mail with subject line: Comments to proposed changes.

Lawrence Rudolph,
General Counsel.

List of Subjects in 45 CFR Part 613

    Privacy.

    For the reason stated in the preamble, the National Science 
Foundation proposes to revise 45 CFR Part 613 as follows:

PART 613--PRIVACY ACT REGULATORY

Sec.
613.1 General provisions
613.2 Requesting access to records
613.3 Responding to requests for access to records
613.4 Amendment of records
613.5 Exemptions
613.6 Other rights and services

    Authority: 5 U.S.C. 552a.

[[Page 30918]]

Sec.  613.1  General Provisions.

    This part sets forth the National Science Foundation procedures 
under the Privacy Act of 1974. The rules in this part apply to all 
records in systems of records maintained by NSF that are retrieved by 
an individual's name or personal identifier. They describe the 
procedures by which individuals, as defined in the Privacy Act, may 
request access to records about themselves and request amendment or 
corrections of those records. All Privacy Act requests for access to 
records are also processed under the Freedom of Information Act, 5 
U.S.C. 552 (as provided in Part 612 of this chapter), which gives 
requesters the benefit of both statutes. Notice of systems of records 
maintained by the National Science Foundation are published in the 
Federal Register.


Sec.  613.2  Requesting access to records.

    (a) Where to make a request. You may make a request for access to 
NSF records about yourself by appearing in person at the National 
Science Foundation or by making a written request. If you choose to 
visit the Foundation, you must contact the NSF Security Desk and ask to 
speak with the Foundation's Privacy Act Officer in the Office of the 
General Counsel. Written requests should be sent to the NSF Privacy Act 
Officer, National Science Foundation, 4201 Wilson Boulevard, Suite 
1265, Arlington, VA 22230. Written requests are recommended, since in 
many cases it may take several days to determine whether a record 
exists, and additional time may be required for record(s) retrieval and 
processing.
    (b) Description of requested records. You must describe the records 
that you seek in enough detail to enable NSF personnel to locate the 
system of records containing them with a reasonable amount of effort. 
Providing information about the purpose for which the information was 
collected, applicable time periods, and name or identifying number of 
each system of records in which you think records about you may be 
kept, will help speed the processing of your request. NSF publishes 
notices in the Federal Register that describe the systems of records 
maintained by the Foundation. The Office of the Federal Register 
publishes a biennial ``Privacy Act Compilation'' that includes NSF 
system notices. This compilation is available in many large reference 
and university libraries, and can be accessed electronically at the 
Government Printing Office's Web site at https://www.access.gpo.gov/su_
docs/aces/PrivacyAct.shtml.
    (c) Verification of identity. When requesting access to records 
about yourself, NSF requires that you verify your identify in an 
appropriate fashion. Individuals appearing in person should be prepared 
to show reasonable picture identification such as driver's license, 
government or other employment identification card, or passport. 
Written requests must state your full name and current address. You 
must sign your request and your signature must be notarized, or 
submitted by you under 28 U.S.C. 1746, a law that permits statements to 
be made under penalty of perjury as a substitute for notarization. 
While no specific form is required, you may obtain information about 
these required elements for requests from the NSF Privacy Act Officer, 
Suite 1265, 4201 Wilson Blvd., Arlington, VA 22230, or from the NSF 
Home Page under ``Public & Media Information--FOIA and Privacy Act'' at 
https://www.nsf.gov/home/pubinfo/foia.htm. In order to help agency 
personnel in locating and identifying requested records, you may also, 
at your option, include your social security number, and/or date and 
place of birth. An individual reviewing his or her record(s) in person 
may be accompanied by an individual of his or her choice after signing 
a written statement authorizing that individual's presence. Individuals 
requesting or authorizing the disclosure of records to a third party 
must verify their identify and may specifically name the third party 
and identify the information to be disclosed.
    (d) Verification of guardianship. When making a request as the 
parent or guardian of a minor or as the guardian of someone determined 
by a court of competent jurisdiction to be incompetent, for access to 
records about that individual, you must establish:
    (1) The identity of the record subject, by stating individual's 
name and current address and, at your option, the social security 
number and/or date and place of birth of the individual;
    (2) Your own identity, as required in paragraph (c) of this 
section;
    (3) That you are the parent or guardian of that individual, which 
you may prove by providing a copy of the individual's birth certificate 
showing your parentage or by providing a court order establishing your 
guardianship; and
    (4) That you are acting on behalf of that individual in making the 
request.
    (e) The procedures of paragraphs (a) through (d) of this section 
shall also apply to requests made pursuant to 5 U.S.C. 552a(c)(3).


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) Request 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 letter will be signed by the Privacy Act Officer, or 
his or her designee, as the individual responsible for the denial

[[Page 30919]]

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 45 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.


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 
paragraph (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 
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 records 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 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.


Sec.  613.5  Exemptions.

    (a) Fellowships and other support. 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 
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 purposes 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''

[[Page 30920]]

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 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.


Sec.  613.6  Other rights and services.

    Nothing in this subpart shall be construed to entitle any person, 
as of right, to any service or to the disclosure of any record to which 
such person is not entitled under the Privacy Act.

[FR Doc. 05-10701 Filed 5-27-05; 8:45 am]
BILLING CODE 7535-01-M
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