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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Proposed Rules individuals requesting records about themselves under the PAs access provisions to ensure that records are only accessed by the proper persons.
Requesters must state their full name, current address, citizenship or legal permanent resident alien status, and date city, state, and country. The request must be signed, and the requesters signature must be either notarized or made under penalty of perjury pursuant to 28 U.S.C. 1746. If the requester seeks records under another name the requester has used, a statement, under penalty of perjury, that the requester has also used the other name must be included.
d Third party access. The components FOIA office may process third party requests, as described in this section. In the absence of a request by, or prior written consent of, the individual to whom the records pertain, the components FOIA office will process third party requests under the FOIA. The Agencys form, AID 5071, may be used to certify the identity and provide third party authorization.
1 Parents and guardians of minor children. Upon presentation of acceptable documentation of the parental or guardian relationship, a parent or guardian of a U.S. citizen or LPR minor an unmarried person under the age of 18 may, on behalf of the minor, request records under the PA
pertaining to the minor. In any case, U.S. citizen or LPR minors may request such records on their own behalf.
2 Guardians. A guardian of an individual who has been declared by a court to be incompetent may act for and on behalf of the incompetent individual upon presentation of appropriate documentation of the guardian relationship.
3 Authorized representatives or designees. Third-party access to an individuals records shall be granted pursuant to a written request by, or with the prior written consent of, the individual. The designated third party must submit identity verification information described in paragraph c of this section.
e Referrals and consultations. If the components FOIA office determines that records retrieved as responsive to the request were created by another Department, agency, or component it ordinarily will refer the records to the originating agency for direct response to the requester. If the agency determines that records retrieved as responsive to the request are of interest to another agency, it may consult with the other agency before responding to the request.
The components FOIA office may make agreements with other agencies to
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eliminate the need for consultations or referrals for particular types of records.
f Records relating to civil actions.
Nothing in this subpart entitles an individual to access to any information compiled in reasonable anticipation of a civil action or proceeding.
g Time limits. The components FOIA office will acknowledge the request promptly and furnish the requested information as soon as possible thereafter.
212.21 Request to amend or correct records.

a An individual has the right to request that the components FOIA
office amend a record pertaining to the individual that the individual believes is not accurate, relevant, timely, or complete.
b Requests to amend records must be in writing to the components FOIA
office, and mailed or delivered to the Bureau for Management, Office of Management Services, Information and Records Division for non OIG records, or the Office of the USAID Inspector General for OIG records at the addresses given in 212.5, with ATTENTION: PRIVACY ACT
AMENDMENT REQUEST written on the envelope. The components FOIA office will coordinate the review of the request with the appropriate offices of the Agency. The components FOIA office will require verification of personal identity before it will initiate action to amend a record. Amendment requests should contain, at a minimum, identifying information needed to locate the record in question, a description of the specific correction requested, and an explanation of why the existing record is not accurate, relevant, timely, or complete. The request must be signed, and the requesters signature must be either notarized or made under penalty of perjury pursuant to 28 U.S.C. 1746.
The requester should submit as much pertinent documentation, other information, and explanation as possible to support the request for amendment.
c All requests for amendments to records shall be acknowledged within 10 working days.
d In reviewing a record in response to a request to amend, the Agency shall review the record to determine if it is accurate, relevant, timely, and complete.
e If the Agency agrees with an individuals request to amend a record, it shall:
1 Advise the individual in writing of its decision;
2 Amend the record accordingly;
and
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3 If an accounting of disclosure has been made, advise all previous recipients of the record of the amendment and its substance.
f If the Agency denies an individuals request to amend a record, it shall advise the individual in writing of its decision and the reason for the refusal, and the procedures for the individual to request further review. See 171.25 of this chapter.
212.22 Request for accounting of record disclosures.

a How made. Except where accountings of disclosures are not required to be kept, as set forth in paragraph b of this section, or where accountings of disclosures do not need to be provided to a requesting individual pursuant to 5 U.S.C.
552ac3, an individual has a right to request an accounting of any disclosure that the components FOIA office has made to another person, organization, or agency of any record about an individual. This accounting shall contain the date, nature, and purpose of each disclosure as well as the name and address of the recipient of the disclosure. Any request for accounting should identify each particular record in question and may be made by writing directly to the Appeals Officer, Bureau for Management, Office of Management Services at the address given in 212.19.
b Where accountings are not required. The components FOIA office is not required to keep an accounting of disclosures in the case of:
1 Disclosures made to employees within the Agency who have a need for the record in the performance of their duties; and 2 Disclosures required under the FOIA.
212.23 Appeals from denials of PA
amendment requests.

a If the components FOIA office denies a request for amendment of such records, the requester shall be informed of the reason for the denial and of the right to appeal the denial to the Appeals Review Panel. Any such appeal must be postmarked within 60 working days of the date of the component FOIA offices denial letter and sent to: Appeals Officer, Bureau for Management, Office of Management Services for non OIG
records, and Deputy Inspector General, Office of Inspector General for OIG
records at the addresses given in 212.11.
b Appellants should submit an administrative appeal of any denial, in whole or in part, of a request for access to the PA at the address in paragraph a
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