PART 4--DISCLOSURE OF GOVERNMENT INFORMATION

Subpart B--Privacy Act

Sec. 4.24  Procedures for making requests for records.

    (a) Any individual, regardless of age, who is a citizen of the
United States or an alien lawfully admitted for permanent residence
into the United States may submit a request to the Department for
access to records. The request should be made either in person or by
mail addressed to the appropriate office listed in Appendix A to this
part.

    (b) Requests submitted by mail should include the words ``PRIVACY
ACT REQUEST'' in capital letters at the top of the letter and on the
face of the envelope. Any request which is not addressed as specified
in paragraph (a) of this section or which is not marked as specified in
this paragraph will be so addressed and marked by Department personnel
and forwarded immediately to the responsible Privacy Officer. A request
which is not properly addressed by the individual will not be deemed to
have been ``received'' for purposes of measuring time periods for
response until actual receipt by the Privacy Officer. In each instance
when a request so forwarded is received, the Privacy Officer shall
notify the individual that his or her request was improperly addressed
and the date the request was received at the proper address.
    (c) If the request follows an inquiry under Sec. 4.23 in connection
with which the individual's identity was established by the Department,
the individual need only indicate the record to which access is sought,
provide the Department control number assigned to the request, and sign
and date the request. If the request is not preceded by an inquiry
under Sec. 4.23, the procedures of this section should be followed.
    (d) The requirements for identification of individuals seeking
access to records are:
    (1) In person. Each individual making a request in person shall be
required to present satisfactory proof of identity. The means of proof,
in the order of preference and priority, are:
    (i) A document bearing the individual's photograph (for example,
driver's license, passport or military or civilian identification
card);
    (ii) A document, preferably issued for participation in a
Federally-sponsored program, bearing the individual's signature (for
example, unemployment insurance book, employer's identification card,
national credit card, and professional, craft or union membership
card); and,
    (iii) A document bearing neither the photograph nor the signature
of the individual, preferably issued for participation in a Federally-
sponsored program (for example, Medicaid card). If the individual can
provide no suitable documentation of identity, the Department will
require a signed statement asserting the individual's identity and
stipulating that the individual understands the penalty provision of 5
U.S.C. 552a(i)(3) recited in Sec. 4.32(a). In order to avoid any
unwarranted disclosure of an individual's records, the Department
reserves the right to determine the adequacy of proof of identity
offered by any individual, particularly if the request involves a
sensitive record.
    (2) Not in person. If the individual making a request does not
appear in person before a Privacy Officer or other employee authorized
to determine identity, a certification of a notary public or equivalent
officer empowered to administer oaths must accompany the request under
the circumstances prescribed in Sec. 4.23(b)(9). The certification in
or attached to the letter must be substantially in accordance with the
following text:

City of ________ County of ________.ss (Name of individual), who
affixed (his) (her) signature below in my presence, came before me,
a (title), in and for the aforesaid County and State, this ____ day
of ______, 20__, and established (his) (her) identity to my
satisfaction.
My commission expires ________.
(Signature)

    (3) Parents of minors and legal guardians. An individual acting as
the parent of a minor or the legal guardian of the individual to whom a
record pertains shall establish his or her personal identity in the
same manner prescribed in either paragraph (d)(1) or (d)(2) of this
section. In addition, such other individual shall establish his or her
identity in the representative capacity of parent or legal guardian. In
the case of the parent of a minor, the proof of identity shall be a
certified or authenticated copy of the minor's birth certificate. In
the case of a legal guardian of an individual who has been declared
incompetent due to physical or mental incapacity or age by a court of
competent jurisdiction, the proof of identity shall be a certified or
authenticated copy of the court's order. For purposes of the Act, a
parent or legal guardian may represent only a living individual, not a
decedent. A parent or legal guardian may be accompanied during personal
access to a record by another individual, provided the provisions of
Sec. 4.25(f) are satisfied.
    (e) If the provisions of this subpart are alleged to impede an
individual in exercising his or her right to access, the Department
will consider, from an individual making a request, alternative
suggestions regarding proof of identity and access to records.
    (f) An individual shall not be required to state a reason for or
otherwise justify his or her request for access to a record.