[Code of Federal Regulations]
[Title 45, Volume 3]
[Revised as of October 1, 2004]
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

[[Page 135]]

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 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 C.F.R. 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.