PART 613—PRIVACY ACT REGULATIONS Authority: 5 U.S.C. 552a; for § 613.7, 42 U.S.C. 405 note, Pub L. 115-59, 131 Stat. 1152. Source: 70 FR 43068, July 26, 2005, unless otherwise noted. § 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 correction 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. [70 FR 43068, July 26, 2005, as amended at 87 FR 64169, Oct. 24, 2022] § 613.2 Requesting access to records. (a) Where to make a request. (b) Description of requested records. Federal Register www.access.gpo/su_docs/aces/PrivacyAct.shtml. (c) Verification of identity. http://www.nsf.gov/home/pubinfo/foia.htm. (d) Verification of guardianship. (1) The identity of the record subject, by stating individuals' 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). § 613.3 Responding to requests for access to records. (a) Timing of responses to requests. (b) Authority to grant or deny requests. (c) Granting access to records. (1) Requests made in person. (2) Requests made in writing. (d) Denying access to records. (e) Fees. § 613.4 Amendment of records. (a) Where to make a request. (b) How to make a request. (c) Timing of responses to requests. (d) Granting request for amendment. (e) Denying request for amendment. (f) Appealing a denial. (g) Responses to appeals. (1) Amendment appeal granted. (2) Amendment appeal denied—Statement of disagreement. (h) Records 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. (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. (c) OIG and ACA Files Compiled for Other Law Enforcement Purposes. (d) Investigations of Scientific Misconduct. (e) Personnel Security Clearances. (f) Applicants for Employment. (g) Statistical records. (h) Other records. § 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. § 613.7 Social Security numbers on documents mailed by NSF. (a) A document that NSF sends by mail shall not include the Social Security number (SSN) of an individual, except where the NSF Director (or other agency official whom the NSF Director may designate) determines that it is necessary. If so, the SSN must be truncated to the extent feasible, as follows— (1) The document shall include no more than the last four digits of the SSN; or (2) If the document needs to include more digits, then only where they are: (i) Required by law (including, but not limited to, a statute, court order, or other legal mandate); (ii) Needed to identify a specific individual when no adequate substitute is available; or (iii) Needed to fulfill some other compelling NSF business need. (b) No portion of an SSN may be visible on the outside of any NSF mailing. (c) For purposes of this section, “mail” and “mailing” means printed documents or correspondence, and does not include emails or any other documents, correspondence, or communications in electronic form. (d) The requirements of this section shall apply to mail sent by NSF, including mailings by a contractor on NSF's behalf, on or after October 24, 2022. [87 FR 64169, Oct. 24, 2022]