Information Quality Resources USDA Quality of Information Guidelines OMB Quality of Information Materials How to Request Correction of Information Disseminated by Rural Development Background |
The Department of Agriculture (USDA) has developed a process that allows affected people 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 Quality of Information Guidelines. People seeking a correction should follow the process described below. These 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. Information Subject to USDA's Quality of Information Guidelines
These guidelines are not intended to be, and should not be construed as, legally binding regulations or mandates. The guidelines do not create any right or benefit, substantive or procedural, enforceable at law or equity, by any party against the United States, its agencies (including USDA or any USDA agency or office), officers, or employees or any persons. Information Not Subject to USDA's Quality of Information GuidelinesMost of the categories of information listed below are exempted from coverage by OMB's guidelines. In the case of internal manuals and material presented to Congress that have been disseminated elsewhere, USDA is adding categories of information that the OMB guidelines do not specifically exempt. The following categories of information are not subject to USDA's Quality of Information Guidelines.
Before Filing a Formal Correction Request, Consult the Contact Persons Listed in Rural Development Reports and ProductsMost Rural Development publications, reports, and data files include the names, telephone numbers, and/or e-mail addresses of knowledgeable staff who can help customers understand the information presented there and determine whether, in fact, there is an error that warrants action through the formal correction process. Customers should first consult the contact person listed in the product before filing a formal correction request. If no specific contact person is listed, customers should contact the agency. Where to Submit a Formal Correction RequestAll requests for correction of information must be submitted by letter, fax, or e-mail to the Quality of Information Officer for the Rural Development agency or office that circulated the information. Rural Development's Quality of Information Officers may be reached at:
Information That Should Be Submitted With a Correction RequestCorrection requests should include:
This guidance for the content of correction requests is not intended to constitute a set of legally binding requirements. However, Rural Development may not be able 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. Rural Development will base its decision on the merits of the information provided by the requestor. Rural Development's Review of the Correction RequestThe correction request will be processed by the Rural Development agency that disseminated the information or information product in question. Based on the explanation and evidence submitted with the correction request, Rural Development will conduct a thorough review of the information being challenged, the processes used to create and disseminate the information, and the conformity of the information and those processes with both OMB's and USDA's Quality of Information Guidelines. After Rural Development has completed its review, the agency will determine whether a correction is warranted and, if so, what corrective action it will take. Rural Development is not required to change, or in any way alter, the content or status of information simply because a request has been made. If duplicate correction requests are received, Rural Development will consolidate them into one request for response. Rural Development will dismiss requests for correction of information that are not subject to USDA's Quality of Information Guidelines, are frivolous or in bad faith, and requests that refer to issues that have been the subject of prior complaints which have been resolved. In determining whether to respond to a correction request, Rural Development will also consider whether the information or the request for correction is stale. If Rural Development 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, policy decisions or on important private sector decisions, we may regard the information as stale for purposes of responding to the correction request. Rural Development's Response to the Correction RequestAfter the Rural Development agency or office 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 of the complaint. The response will explain the findings and the actions Rural Development will take (if any) in response to the complaint. If the request requires more than 60 calendar days to resolve, Rural Development will inform the requestor within that time period that more time is required, the reasons for the delay, and an estimated decision date. Correction Requests Concerning Information for Which Rural Development has Sought Public CommentInformation for which Rural Development 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 analyses and other documents prepared under the National Environmental Protection 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. If the correction request reaches Rural Development during the comment period for that action, the agency's response will normally be incorporated in the next document it issues concerning the matter. For example, if a correction request pertains to a document referenced in a NPRM, the response normally would be provided in the final rule. Rural Development will notify the requestor that it will respond to the request in this manner. If the correction request reaches the agency too late to be addressed in this manner, the request will be processed in the same way as described above for non-rulemaking situations. In cases where Rural Development 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 requestor has shown a reasonable likelihood of suffering actual harm from the dissemination if Rural Development does not resolve the complaint prior to the final agency action or information product. Opportunity to Request Reconsideration of Rural Development's DecisionIf the requestor disagrees with Rural Development's denial of the request or with the corrective action the agency intends to take, he or she may file a request for reconsideration. The Rural Development agency that processed the correction request will provide instructions to the requestor in its final determination on how to request reconsideration of the decision. Procedure for Requesting Reconsideration of Rural Development's Decision People 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 correction request the requestor receives. For requests for reconsideration that involve influential scientific, financial, or statistical information, regulatory information, or issues of a controversial nature, USDA will designate a panel of officials to reconsider the decision. Typically, the panel would include the Reconsideration Official from the Rural Development agency that made the initial determination and two members from other USDA agencies. People requesting reconsideration should submit written material to support their case for reconsideration, a copy of the information originally submitted to support the correction request, and a copy of Rural Development's response. Requests for reconsideration must be filed with the Reconsideration Official (postmarked, shipped by an overnight delivery service, or sent by e-mail) within 45 days after the date that Rural Development sends its decision on the original correction request. Requests for reconsideration filed after the 45-day deadline may be denied as not timely. USDA Review of the Request for Reconsideration The Reconsideration Official (or panel) will ensure that the initial review of the correction request 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 correction request, and the results of Rural Development's investigation of the matter, to arrive at a decision regarding the reconsideration request. If the reconsideration request involves information for which Rural Development has sought public comment and the agency has an existing process for handling reconsideration requests of the final rule or similar regulatory action, Rural Development will use that process. Otherwise, the reconsideration request will be handled the same as information for which Rural Development has not sought public comment. USDA Response to the Request for Reconsideration After the Reconsideration Official (or panel) has made a decision, 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 Rural Development will take (if any) in response to the reconsideration request. Rural Development will respond to all appeal requests within 60 calendar days of receipt. If the request requires more than 60 calendar days to resolve, the agency will inform the requestor that more time is required, indicate the reason why, and provide an estimated decision date. Public Disclosure of Correction Requests and Reconsideration RequestsRural Development will post requests for corrections of information, requests for reconsideration, and actions taken in response on this Quality of Information site. The site 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. Rural Development 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). Rural Development needs information to process the correction request and allow the agency to reply accordingly. This information is needed to respond to the requestor and initiate follow-up contact with the requestor if required. Requestors should not send Rural Development 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, Rural Development 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 other Federal agency to help accomplish a function related to this process. |
|