Proposed Changes to Exemptions Under CFR Part 613-Privacy Act Regulations, 30917-30920 [05-10701]
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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
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• Tuesday, July 12, 2005 in
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Avenue, NE.
NATIONAL SCIENCE FOUNDATION
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Improvement Act of 2004 (IDEA)
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16784), announcing plans to hold a
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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
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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.
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§ 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.
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(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).
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§ 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
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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.
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(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
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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’’
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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
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14:38 May 27, 2005
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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
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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
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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