PART 1302—PRIVACY ACT PROCEDURES Authority: 5 U.S.C. 552a. Source: 89 FR 48822, June 10, 2024 unless otherwise noted. § 1302.1 General provisions. (a) Purpose and scope. (b) Definitions. Request for access Request for amendment or correction Request for an accounting Requester individual System manager (c) Providing written consent to disclose records protected under the Privacy Act. § 1302.2 Requirements for making requests for access. (a) How made and addressed. www.whitehouse.gov/omb/privacy. (b) Description of the records sought. Federal Register (c) Information about yourself. (d) Verification of identity. (1) You must state your name, current address, and date and place of birth and provide either a notarized statement of identity or a signed submission under 28 U.S.C. 1746; or (2) When available, verify your identity through remote identity-proofing and authentication using digital processes. (3) OMB may require you to supply additional information as necessary in order to verify your identity. (e) Verification of guardianship. (1) The identity of the individual who is the subject of the record, by stating the name, current address, and date and place of birth; (2) Your own identity, as required in this paragraph (e); (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. (f) Submit identifying information only using approved OMB processes. e.g., (g) Subsequent requests for access. § 1302.3 Responsibility for responding to requests. (a) Acknowledgment of requests. (b) Timing of responses to a Privacy Act request for access. (c) Additional information. (d) Grant of request for access. (1) A statement as to whether OMB will grant access by providing a copy of the record through electronic means or the mail; and (2) The amount of fees charged, if any (see § 1302.7). (Fees are applicable only to requests for duplicates.) (e) Adverse determination of request for access. (1) The decision of OMB whether to grant in whole, or deny any part of the request; (2) The reasons for the determination for any portion of the request that is denied; and (3) A description of the procedure by which the OMB decision to deny your request may be appealed, including the name and address of the official with whom you may lodge such an appeal. § 1302.4 Requests for an accounting. You may request an accounting of disclosures by the same rules governing requests for access, outlined in § 1302.2. § 1302.5 Requests for an amendment or correction. (a) Requirement for written requests. (b) Procedures. (2) If a requester cannot determine where within OMB to send the Privacy Act request to amend a record, the requester may send by mail or delivery to Privacy Officer, Office of Management and Budget, 725 17th Street NW, Room 9204, Washington, DC 20503 or by electronic means as described on OMB's privacy program web page: www.whitehouse.gov/omb/privacy. (3) You must validate your identity as described in § 1302.2(e). If OMB has previously verified your identity pursuant to § 1302.2(e), further verification of identity is not required as long as the communication does not suggest that a need for verification is present. (4) You should clearly indicate the exact portion of the record you seek to have amended. If possible, you should also propose alternative language, or at a minimum, identify the facts that you believe are not accurate, relevant, timely, or complete, with such particularity as to permit OMB not only to understand the basis for your request, but also to make an appropriate amendment to the record. (5) Your request must also state why you believe your record is not accurate, relevant, timely, or complete. The burden of persuading OMB to amend a record will be upon you. You must furnish sufficient facts to persuade the official in charge of the system of the inaccuracy, irrelevancy, timeliness, or incompleteness of the record. (6) OMB will not categorically reject incomplete or inaccurate requests. OMB will ask you to clarify the request as needed. (c) OMB action on the request. i.e., (2) OMB will promptly respond to a Privacy Act request for amendment or correction. OMB ordinarily will respond to Privacy Act requests for amendment or correction according to their order of receipt. Consistent with OMB's FOIA procedures at 5 CFR 1303.40(b), OMB may designate multiple processing tracks that distinguish between simple and more complex Privacy Act requests for amendment or correction, based on the estimated amount of work or time needed to process the request. The response reflecting the decision upon a request for amendment will include the following: (i) The decision of OMB whether to grant in whole, or deny any part of, the request to amend the record; (ii) The reasons for the determination for any portion of the request which is denied; and (iii) A description of the procedure by which the OMB decision to deny your request may be appealed, including the name and address of the official with whom you may lodge such an appeal. § 1302.6 Appeals. (a) If you wish to appeal a decision by OMB with regard to your request to access or amend a record in accordance with the provisions of §§ 1302.2 and 1302.5, you should submit the appeal in writing and, to the extent possible, include the information specified in paragraph (b) of this section. (b) Your appeal should contain a brief description of the record involved or copies of the correspondence from OMB in which the request to access or to amend was denied and also the reasons why you believe that access should be granted or the information amended, as relevant. Your appeal should refer to the information you furnished in support of your claim and the reasons set forth by OMB in its decision denying access or amendment, as required by §§ 1302.2 and 1302.5. In order to make the appeal process as meaningful as possible, you should set forth your disagreement in an understandable manner. In order to avoid the unnecessary retention of personal information, OMB reserves the right to dispose of the material concerning the request to access or amend a record if OMB receives no appeal in accordance with this section within 180 days of the sending by OMB of its decision upon an initial request. OMB may treat an appeal received after the 180-day period as an initial request to access or amend a record. (c) You may send your appeal by mail or delivery to the Senior Agency Official for Privacy, Office of Management and Budget, 725 17th Street NW, Room 9204, Washington, DC 20503 or by electronic means as described on OMB's privacy program web page: www.whitehouse.gov/omb/privacy. (d) The Senior Agency Official for Privacy will review a refusal to amend a record within 30 business days (excluding Saturdays, Sundays, and legal Federal holidays) from the date on which the individual requests such review, unless the OMB Director extends the 30-day period for good cause. If the Senior Agency Official for Privacy's decision does not grant in full the request, the notice of the decision will describe the steps you may take to obtain judicial review of such a decision. § 1302.7 Fees. (a) Prohibitions against charging fees for Privacy Act requests. (1) The search and review of requests for records subject to this part; (2) Any copies of the record produced as a necessary part of the process of making the record available for access; or (3) Any copies of the requested record when OMB determines that the only way you can access the record is by providing a copy to you through the mail. (b) Waiver. (c) Fee schedule and method of payment. (1) OMB will duplicate records at a rate of $.10 per page for all copying of 4 pages or more. There is no charge for duplication 3 or fewer pages. (2) Where OMB anticipates that the fees chargeable under this section will amount to more than $25.00, OMB shall promptly notify you of the amount of the anticipated fee or such portion thereof as can readily be estimated. If the estimated fees will greatly exceed $25.00, OMB may require an advance deposit. OMB's request for an advance deposit shall extend an offer to the requester to consult with OMB personnel in order to reformulate the request in a manner which will reduce the fees, yet still meet the needs of the requester. (3) You should pay fees in full before the requested copies are issued. If the requester is in arrears for previous requests, OMB will not provide copies for any subsequent request until the arrears have been paid in full. (4) Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the United States, or a postal money order. Remittances shall be made payable to the order of the Treasury of the United States and mailed or delivered to the Assistant Director for Management and Operations, Office of Management and Budget, Washington, DC 20503. (5) OMB will provide a receipt for fees paid upon request.