Draft Process for Requesting Correction of Information Disseminated by the Bureau of Alcohol, Tobacco, Firearms and Explosives

Updated: 12/28/04

Definitions

[This section will incorporate the definitions in the OMB Guidelines and in the Information Quality Guidelines issued by the Department of Justice.]

In General

Persons may request that Bureau of Alcohol, Tobacco, Firearms and Explosives correct information that Bureau of Alcohol, Tobacco, Firearms and Explosives has disseminated publicly if

  1. The requestor is an “affected person” [should be defined, hopefully in Department of Justice guidelines];
  2. The information was created generated, collected, processed, or maintained by Bureau of Alcohol, Tobacco, Firearms and Explosives and disseminated to the public in an information dissemination product produced by Bureau of Alcohol, Tobacco, Firearms and Explosives; and
  3. The requestor believes and can present evidence or analysis supporting the belief that the information is not in compliance with the guidelines issued by OMB and the Department of Justice.

All such requests for correction should be delivered in writing by mail or [through a web-based form made available by Bureau of Alcohol, Tobacco, Firearms and Explosives] addressed to [Assistant Director, Public and Governmental Affairs] (responsible official) at Bureau of Alcohol, Tobacco, Firearms and Explosives Headquarters, 650 Massachusetts Avenue, NW, Washington, DC 20226. Due to the level of detail and analysis required to support them, requests for correction of information will not be accepted by facsimile or telephone.

Form of the Request

A request for correction under these guidelines must include

  1. the name, title, address (business or personal as appropriate), telephone number, and if applicable, electronic mail address of the requestor;
  2. information sufficient to identify the information of which correction is requested, including, for example, date of publication, title, publication number, Uniform Resource Locator, etc.;
  3. the specific material to be corrected or amended, including a citation of the specific chapter, page, paragraph, sentence and word or other data to be corrected;
  4. a statement of the requestor’s belief that the information is not in compliance with the guidelines issued by OMB and the Department of Justice specifically addressing the criteria set forth in the guidelines with regard to the Utility, Objectivity, or Integrity of the information;
  5. supporting evidence and analysis substantiating the requestor’s belief that the information is not in compliance with the guidelines issued by OMB and the Department of Justice; and
  6. a clear and concise statement of the nature of the correction(s) requested accompanied by evidence and analysis tending to demonstrate the validity of the proposed correction.

Incomplete, Unclear, or Unsupported Requests

When a request for correction is received by Bureau of Alcohol, Tobacco, Firearms and Explosives and the responsible official determines that it is incomplete, unclear, or lacks supporting evidence or analysis, the responsible official should inform the requestor in writing that the requested correction is not warranted based upon the form and content of the request and identify the deficiency in the request. The responsible official may, in that official’s discretion, solicit clarification or additional evidence or analysis supporting the request.

Action on Requests for Correction

The responsible official should acknowledge in writing the receipt of the request no later than 15 working days from the date the request was received by the responsible official.

If a request for correction substantially meets the requirements set out in these guidelines, the responsible official should review the request and supporting evidence and analysis. The responsible official should contact the office of primary interest within Bureau of Alcohol, Tobacco, Firearms and Explosives to initiate and coordinate a review of the information of which the requestor seeks a correction and determine whether, in the opinion of the responsible official, the correction or any other appropriate action (such as adding a note or disclaimer to the information dissemination product) is warranted.

In determining whether the requested correction or other appropriate action is warranted, the responsible official may consider, among other things:

  1. whether the nature of the record is such that a correction is necessary to avoid confusion or other potential harm that might result from the dissemination of the information including:

    a. the context, relevance, and significance of the information of which the correction is requested in light of the purpose for which it was collected or disseminated;

    b. the timeliness of the information in light of the purpose for which it was collected or disseminated;

    c. the accuracy, clarity, or completeness of the information in light of the purpose for which it was collected or disseminated;

    d. how continued dissemination of the information of which a correction is requested may affect the public; and

    e. the burden upon the agency of complying with the specific request for correction.
  2. the sufficiency of the evidence and analysis offered by the requestor in support of the requested correction;
  3. whether previous, substantially similar requests regarding the same information have been processed and a final determination made on such requests; and
  4. whether, in the opinion of the responsible official, the request is frivolous, made in bad faith, or intended to harass.

Exclusions

The responsible official is not required to take any action with regard to:

  1. information about an individual contained in a system of records, as that term is defined under the Privacy Act (5 U.S.C. § 552a) or any regulations promulgated pursuant to that Act;
  2. any request that Bureau of Alcohol, Tobacco, Firearms and Explosives disclose data or information underlying an information dissemination product where such data or information is not otherwise made public by Bureau of Alcohol, Tobacco, Firearms and Explosives;
  3. any request that Bureau of Alcohol, Tobacco, Firearms and Explosives replicate, duplicate or otherwise conduct original research or analysis underlying an information dissemination product; or
  4. any information that constitutes an opinion, or any public filing, public record, or similar information, or any information created, generated, collected, processed, or maintained by other than Bureau of Alcohol, Tobacco, Firearms and Explosives and merely disseminated by Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Notice to Requestor

The responsible official shall render a decision whether to accept the requested correction and notify the requestor of that determination within thirty (30) days of the date on which the responsible official received the request. In unusual circumstances, this time limit may be extended by written notice from the responsible official to the requestor setting forth the reasons for the extension and stating the date by which the determination is expected.

If the responsible official determines that the requested correction should be accepted, the responsible official should inform the requestor in writing of that determination and describe the corrective action taken in response to the request. The responsible official should also inform the requestor of how to obtain copies of the corrected information.

If the responsible official accepts the requested correction, the responsible official should ensure that the corrected information clearly indicates that information was deleted, corrected, or added, as appropriate and indicate the date of such revision. The responsible official should take steps to disseminate the corrected information in a manner appropriate to and consistent with the manner in which the original information was disseminated.

If the responsible official determines that the requested correction should not be accepted, the responsible official should inform the requestor of the reasons for the decision not to accept the correction. The responsible official shall inform the requestor that the requestor may submit a request for reconsideration of the responsible official’s determination in accordance with these guidelines.

Request for Reconsideration

A requestor whose initial request is denied by the responsible official may request that Bureau of Alcohol, Tobacco, Firearms and Explosives reconsider the determination not to accept the requested correction by submitting a Request for Reconsideration within thirty-five (35) days of the date of the letter transmitting the responsible official’s initial determination. All requests for reconsideration must be submitting to the [Chief Information Officer] (reviewing official) at Bureau of Alcohol, Tobacco, Firearms and Explosives Headquarters.

Form of the Request for Reconsideration

A request for reconsideration must include

  1. a complete copy of the original request for correction including all information required for an initial request under these guidelines.
  2. Supporting evidence and analysis substantiating the requestor’s belief that the specific reason(s) stated as the basis for the responsible official’s determination not to accept the requestor’s initial request for correction are clearly erroneous.


Action on Requests for Reconsideration

The responsible official should acknowledge in writing the receipt of the request no later than 15 working days from the date the request was received by the responsible official.

The reviewing official should review the request and supporting evidence and analysis as well as any records created by the responsible official in reaching the initial determination.

In determining whether a request for reconsideration shall be accepted, the reviewing official should consider only whether the initial determination by the responsible official is supported and in conformance with the criteria stated in these guidelines and the guidelines issued by OMB and the Department of the Treasury.

Notice to Requestor

The reviewing official shall render a decision whether to uphold the initial determination by the responsible official whether to accept the request for correction and notify the requestor of that determination within thirty (30) days of the date on which the reviewing official received the request. In unusual circumstances, this time limit may be extended by written notice from the reviewing official to the requestor setting forth the reasons for the extension and stating the date by which the determination is expected.

If the reviewing official determines that the initial determination should be reversed, the reviewing official should inform the requestor in writing of that determination. The reviewing official should inform the responsible official of the decision to reverse the initial determination. The responsible official upon receiving notice of the reviewing official’s determination, should proceed as he or she would had the responsible official accepted the initial request for correction.

If the reviewing official determines that the initial determination should be upheld, the reviewing official should inform the requestor of the reasons for the decision not to accept the requested correction.