[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR2106.5]

[Page 523-524]
 
                        TITLE 45--PUBLIC WELFARE
 
                  CHAPTER XXI--COMMISSION OF FINE ARTS
 
PART 2106_RULES FOR COMPLIANCE WITH 5 U.S.C. 552a, THE PRIVACY ACT OF 1974--
 
Sec.  2106.5  Requests to amend records.

    (a) Requirements for written requests. Individuals desiring to amend 
a record that pertains to them in a system of records maintained by CFA 
must submit their request in writing in accordance with the procedures 
set forth herein unless the requirement is waived by the official having 
responsibility for the system of records. Records not subject to the 
Privacy Act of 1974 will not be amended in accordance with these 
provisions; however, individuals who believe that such records are 
inaccurate may bring this to the attention of the CFA.
    (b) Procedures. (1)(i) The request to amend a record in a system of 
records shall be addressed to the Secretary. Included in the request 
shall be the name of the system and a brief description of the record 
proposed for amendment. In the event the request to amend the record is 
the result of the individual's having gained access to the record as set 
forth above, copies of previous correspondence between the requester and 
CFA will serve in lieu of a separate description of the record.
    (ii) Individuals desiring assistance in the preparation of a request 
to amend a record should contact the Secretary at the address cited 
above.
    (iii) The exact portion of the record the individual seeks to have 
amended should be clearly indicated. If possible, the proposed 
alternative language should also be set forth, or, at a minimum, the 
facts which the individual believes are not accurate, relevant, timely, 
or complete, should be set forth with such particularity as to permit 
CFA not only to understand the individual's basis for the request, but 
also to make an appropriate amendment to the record.
    (iv) The request must also set forth the reasons why the individual 
believes his record is not accurate, relevant,

[[Page 524]]

timely, or complete. In order to avoid the retention by CFA of personal 
information merely to permit the verification of records, the burden of 
persuading CFA to amend a record will be upon the individual. The 
individual must furnish sufficient facts to persuade the official in 
charge of the system of the inaccuracy, irrelevancy, timeliness, or 
incompleteness of the record.
    (2) CFA action on the request. To the extent possible, a decision 
upon a request to amend a record will be made within 10 days (excluding 
Saturdays, Sundays, and legal Federal holidays). In the event that a 
decision cannot be made within this time frame, the individual making 
the request will be informed within the 10 days of the expected date for 
a decision. The decision upon a request for amendment will include the 
following:
    (i) The decision of the Commission of Fine Arts whether to grant in 
full, or deny any part of the request to amend the record;
    (ii) The reasons for the determination for any part of the request 
which is denied;
    (iii) The name and address of the official with whom an appeal of 
the denial may be lodged;
    (iv) The name and address of the official designated to assist, as 
necessary, and upon the request of, the individual making the request in 
preparation of the appeal;
    (v) A description of the review of the appeal within CFA (see Sec.  
2106.6); and
    (vi) A description of any other procedures which may be required of 
the individual in order to process an appeal.