---
kind: "section"
citation: "7 C.F.R. § 1.117"
title: "7"
number: "1.117"
heading: "Agency review of request for correction or amendment of record."
url: "https://uscodex.org/cfr/7/1.117"
---

# §1.117. Agency review of request for correction or amendment of record.

- (a) Any agency which receives a request for amendment or correction under [§ 1.116](/cfr/7/1.116.md) shall acknowledge that request within 10 days of its receipt (excluding Saturdays, Sundays and legal public holidays). The agency shall also promptly, either:
  - (1) Make any correction, deletion or addition with regard to any portion of a record which the requester believes is not accurate, relevant, timely or complete; or
  - (2) Inform the requester of its refusal to amend the record in accordance with the request; the reason for the refusal; the procedures whereby the requester can appeal the refusal to the head of the agency; and the title and business address of that official. If the agency informs the requester of its determination within the 10-day deadline, a separate acknowledgement is not required.
- (b) If an agency is unable to comply with either paragraphs [(a)(1)](#a-1) or [(2)](#a-2) of this section within 30 days of its receipt of a request for correction or amendment, (excluding Saturdays, Sundays and legal public holidays), it should inform the requester of that fact, the reasons for the inability to comply with paragraphs [(a)(1)](#a-1) or [(a)(2)](#a-2) of this section within 30 days, and the approximate date on which a determination will be reached.
- (c) In conducting its review of a request for correction or amendment, each agency shall be guided by the requirements of 5 U.S.C. [552a(e)(1)](/usc/5/552a.md?p=e-1) and [(5)](/usc/5/552a.md?p=e-5).
- (d) If an agency determines to grant all or any portion of a request for correction or amendment, it shall:
  - (1) Advise the individual of that determination;
  - (2) Make the requested correction or amendment; and
  - (3) Inform any person or agency outside USDA to whom the record has been disclosed, if an accounting of that disclosure is maintained in accordance with [5 U.S.C. 552a(c)](/usc/5/552a.md?p=c), of the occurrence and substance of the correction or amendments.
- (e) If an agency determines not to grant all or any portion of a request for correction or amendment, it shall:
  - (1) Comply with [paragraph (d)](#d) of this section with regard to any correction or amendment which is made;
  - (2) Advise the requester of its determination and the reasons for the determination not to grant all or a portion of the request for a correction or amendment;
  - (3) Inform the requester that he or she may appeal this determination to the head of the agency which maintains the system of records; and
  - (4) Describe the procedures for making such an appeal, including the title and business address of the official to whom the appeal is to be addressed.
- (f) In the event that an agency receives a notice of correction or amendment to information in a record contained in a system of records which it maintains, it shall comply with paragraphs [(d)(2)](#d-2) and [(3)](#d-3) of this section in the same manner as if it had made the correction or amendment itself.

## Notes

### Amendments

[40 FR 39519, Aug. 28, 1975, as amended at 62 FR 33981, June 24, 1997]

### Authority

Authority: 5 U.S.C. 301 and 552a; 31 U.S.C. 9701.

### Source

Source: 40 FR 39519, Aug. 28, 1975, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, unless otherwise noted.

### Amendments

[40 FR 39519, Aug. 28, 1975, as amended at 62 FR 33981, June 24, 1997]