[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1.117]

[Page 29-30]
 
                          TITLE 7--AGRICULTURE
 
PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents
 
                    Subpart G_Privacy Act Regulations
 
Sec. 1.117  Agency review of request for correction or amendment of record.

    (a) Any agency which receives a request for amendment or correction 
under Sec. 1.116 shall acknowledge that request within 10 days of its 
receipt (excluding Saturdays, Sundays and legal public holidays). The 
agency shall also promptly, either:
    (1) Make any correction, deletion or addition with regard to any 
portion of a record which the requester believes is not accurate, 
relevant, timely or complete; or
    (2) Inform the requester of its refusal to amend the record in 
accordance with the request; the reason for the refusal; the procedures 
whereby the requester can appeal the refusal to the head of the agency; 
and the title and business address of that official. If the agency 
informs the requester of its determination within the 10-day deadline, a 
separate acknowledgement is not required.
    (b) If an agency is unable to comply with either paragraphs (a)(1) 
or (2) of this section within 30 days of its receipt of a request for 
correction or amendment, (excluding Saturdays, Sundays and legal public 
holidays), it should inform the requester of that fact, the reasons for 
the inability to comply with paragraphs (a)(1) or (a)(2) of this section 
within 30 days, and the approximate date on which a determination will 
be reached.
    (c) In conducting its review of a request for correction or 
amendment,

[[Page 30]]

each agency shall be guided by the requirements of 5 U.S.C. 552a(e)(1) 
and (5).
    (d) If an agency determines to grant all or any portion of a request 
for correction or amendment, it shall:
    (1) Advise the individual of that determination;
    (2) Make the requested correction or amendment; and
    (3) Inform any person or agency outside USDA to whom the record has 
been disclosed, if an accounting of that disclosure is maintained in 
accordance with 5 U.S.C. 552a(c), of the occurrence and substance of the 
correction or amendments.
    (e) If an agency determines not to grant all or any portion of a 
request for correction or amendment, it shall:
    (1) Comply with paragraph (d) of this section with regard to any 
correction or amendment which is made;
    (2) Advise the requester of its determination and the reasons for 
the determination not to grant all or a portion of the request for a 
correction or amendment;
    (3) Inform the requester that he or she may appeal this 
determination to the head of the agency which maintains the system of 
records; and
    (4) Describe the procedures for making such an appeal, including the 
title and business address of the official to whom the appeal is to be 
addressed.
    (f) In the event that an agency receives a notice of correction or 
amendment to information in a record contained in a system of records 
which it maintains, it shall comply with paragraphs (d)(2) and (3) of 
this section in the same manner as if it had made the correction or 
amendment itself.

[40 FR 39519, Aug. 28, 1975, as amended at 62 FR 33981, June 24, 1997]