Correction of Information
Background
USDA has developed administrative mechanisms to allow affected persons to seek and obtain correction of information disseminated by USDA on or after October 1, 2002, regardless of when the information was first disseminated, that they believe does not comply with OMB or USDA Information Quality Guidelines. Requestors seeking a correction should follow the procedure described below.
The USDA Information Quality Guidelines correction mechanisms are not intended to imply any rights of individuals to request amendment of their own records beyond those permitted by the Privacy Act of 1974 or other organization specific laws.
Consult with the Contact Persons Listed in USDA Reports and Products Before Filing a Formal Request for Correction
Most USDA publications, reports, and data files include the names, telephone numbers, and/or e-mail addresses of knowledgeable staff who can assist users in understanding the information presented there and in determining whether, in fact, there is an error that warrants action via the formal correction process. Users of USDA information may want to consult first with the USDA contact person listed in the product before filing a formal request for correction. If no specific contact person is listed, users should contact the agency.
Where to Submit a Formal Request for Correction
Formal requests for correction of USDA information must be submitted by letter, fax, or e-mail to the Information Quality Official(s) of the USDA agency or office that disseminated the information (henceforth in these procedures, the term "USDA agency" shall mean "USDA agency or office"). For requests for correction concerning information on which USDA seeks public comment, submit the correction request during the comment period.
Information That Should Be Submitted to the Appropriate USDA Agency with a Request for Correction
Requests for correction of information should include the following elements:
- Statement that the Request for Correction of Information is Submitted Under USDA's Information Quality Guidelines
- Requestor Contact Information
The name, mailing address, telephone number, fax number (if any), e-mail address (if any), and organizational affiliation (if any) of the person requesting the correction. - Description of Information to Correct
The name of the USDA publication, report, or data product; the date of issuance or other identifying information such as the URL of the web page; and a detailed description that clearly identifies the specific information contained in that publication, report, or data product for which a correction is being sought. - Explanation of Noncompliance with OMB and/or USDA Information Quality Guidelines
An explanation that describes how the information fails to meet either the OMB or USDA Information Quality Guidelines. - Explanation of the Effect of the Alleged Error
An explanation that describes the requestor's use of the information in question and how the requestor is affected by the alleged error. - Recommendation and Justification for How the Information Should Be Corrected
The requestor should state specifically how the information should be corrected and explain why the corrections should be made. A request for correction that is specific and provides evidence to support the need for correction is likely to be more persuasive than a request that is general, unfocused, or that simply indicates disagreement with the information in question.
This guidance for the content of requests for correction of information is not intended to constitute a set of legally binding requirements. However, USDA may be unable to process, in a timely fashion or at all, requests that omit one or more of the requested elements. Requestors bear the "burden of proof" with respect to the necessity for correction as well as with respect to the type of correction they seek. USDA will base its decision on the merits of the information provided by the requestor.
USDA Review Of The Request For Correction
The request for correction will be processed by the USDA agency that disseminated the information or information product in question. Based on the explanation and evidence submitted with the request for correction, the USDA agency will conduct a review of the information being challenged, the processes that were used to create and disseminate the information, and the conformity of the information and those processes with both OMB's and USDA's Information Quality Guidelines.
After it has completed its review, the USDA agency will determine whether a correction is warranted, and, if so, what corrective action it will take. USDA agencies are not required to change, or in any way alter, the content or status of information simply because a request for correction has been made. If duplicative requests for correction are received, USDA agencies will consolidate them into one request for response. USDA agencies will dismiss requests for correction of information that is not subject to USDA's Information Quality Guidelines, requests that are frivolous or made in bad faith, and requests that refer to issues that have been the subject of prior complaints and have been resolved.
In determining whether to respond to a request for correction, the USDA agency also will consider whether the information or the request for correction is stale. If the USDA agency did not disseminate, or continue to disseminate, this information recently (i.e., within one year of the request), or it does not have a continuing significant impact on the agency's projects or policy decisions or on important private sector decisions, the USDA agency may regard the information as stale for purposes of responding to the correction request.
USDA Response To The Request For Correction
After the responsible USDA agency has made its final determination pertaining to a request for correction of information, that agency will respond to the requestor in writing by letter, e-mail, or fax, normally within 60 calendar days of receipt. The response will explain the findings and the actions the agency will take (if any) in response to the complaint.
If the request requires more than 60 calendar days to resolve, the agency will inform the complainant within that time period that more time is required, and the reasons for the delay, and an estimated decision date.
Requests For Correction Concerning Information On Which USDA Has Sought Public Comment
Information on which USDA has sought public comment includes, but is not limited to:
- notices of proposed rulemaking (NPRM);
- advance notices of proposed rulemaking;
- studies cited in an NPRM;
- regulatory evaluations or cost-benefit analyses pertaining to a NPRM;
- environmental assessments,
- environmental impact statements, and other documents prepared under the National Environmental Policy Act (NEPA);
- land and resource management plans and other documents prepared under the National Forest Management Act (NFMA); and
- notices of availability and requests for comment on risk assessments.
Requests for correction of information shall be made during the comment period for that action and, the agency's response will normally be incorporated in the next document it issues concerning the matter. For example, if a request for correction of information pertains to a document referenced in a NPRM, the response would normally be provided in the final rule document.
In cases where the agency disseminates a study, analysis, or other information prior to the final agency action or information product, requests for correction will be considered prior to the final agency action or information product in those cases where the agency has determined that an earlier response would not unduly delay issuance of the agency action or information product and the complainant has shown a reasonable likelihood of suffering actual harm from the agency's dissemination if the agency does not resolve the complaint prior to the final agency action or information product.
Opportunity To Request Reconsideration Of USDA's Decision
If the requestor disagrees with the USDA agency's denial of the request or with the corrective action the agency intends to take, the requestor may file a Request for Reconsideration with the USDA agency. The USDA agency that processed the request for correction will provide instructions in its final determination communication to the requestor for the procedure to request reconsideration of USDA's decision.
In cases where the agency disseminates a study, analysis, or other information prior to the final agency action or information product, requests for correction will be considered prior to the final agency action or information product in those cases where the agency has determined that an earlier response would not unduly delay issuance of the agency action or information product and the complainant has shown a reasonable likelihood of suffering actual harm from the agency's dissemination if the agency does not resolve the complaint prior to the final agency action or information product.
Procedure for Requesting Reconsideration of USDA's Decision
Persons who wish to file a Request for Reconsideration should submit the request by letter, fax, or e-mail to the Reconsideration Official identified in the final determination of the request for correction that the requestor receives from USDA. For requests for reconsideration that involve influential scientific, financial, or statistical information, or regulatory information, USDA will designate a panel of officials to perform this function. Typically, such a panel would include a Reconsideration Official from the USDA agency that made the initial determination and two from other USDA agencies.
Persons requesting reconsideration should submit written material to support their case for reconsideration, as well as a copy of the information originally submitted to support the request for correction and a copy of USDA's response. Requests for Reconsideration must be filed with the appropriate designated Reconsideration Official (postmarked, shipped by an overnight delivery service, faxed, or sent by e-mail) within 45 days after the date that the USDA agency transmitted its decision on the original request for correction. Requests for Reconsideration that are filed after the 45-day deadline may be denied as untimely.
If the Request for Reconsideration involves information on which USDA has sought public comment and the USDA agency has an existing process for handling requests for the reconsideration of the final rule or similar regulatory action, the agency will use that process. Otherwise, the Request for Reconsideration will be handled in the same manner as requests to reconsider information concerning matters on which USDA has not sought public comment.
USDA Review of the Request for Reconsideration
The Reconsideration Official (or panel) will ensure that the initial agency review of the Request for Correction was conducted with due diligence. The Reconsideration Official (or panel) will review the material submitted in support of the Request for Reconsideration, the material submitted with the original request for correction, and the USDA agency's response to the original correction request and all additional relevant documentation, and then arrive at a decision regarding the Request for Reconsideration.
USDA Response to the Request for Reconsideration
After the Reconsideration Official (or panel) has made his or her (or its) decision pertaining to a Request for Reconsideration, the Official will respond to the requestor by letter, e-mail, or fax. The response will explain the Reconsideration Official's (or panel's) decision and the actions the USDA agency that disseminated the information will take (if any) in response to the Request for Reconsideration. USDA agencies will respond to all requests for appeals within 60 calendar days of receipt. If the request requires more than 60 calendar days to resolve, the agency will inform the complainant that more time is required and indicate the reason why and an estimated decision date.
Public Disclosure of Requests for Correction of Information Disseminated by USDA and Requests for Reconsideration of USDA Decisions
Each USDA agency will establish an information quality page on its Web site on which it will post requests for corrections of information, requests for reconsideration, and actions taken by the agency in response to such requests. The information quality page will include information on who requested the correction, the nature of the request, any specific corrections made, the reason they were made, and any appropriate supporting documents.
Privacy Act Statement
USDA is authorized to obtain certain information under Section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Public Law No. 106-554, codified at 44 U.S.C. 3516, note). Information is needed by USDA to process the request for correction and allow USDA to reply accordingly. This information is needed by USDA to respond to the requestor and initiate follow-up contact with the requestor if required. Requestors should not send USDA their Social Security Number. Requestors are advised that they do not have to furnish the information but failure to do so may prevent their request from being processed. The information requestors furnish is almost never used for any purpose other than to process and respond to their request. However, USDA may disclose information to a congressional office in response to an inquiry made on behalf of the requestor, to the Department of Justice, a court, other tribunal when the information is relevant and necessary to litigation, or to a contractor or another Federal agency to help accomplish a function related to this process.
