In general. Except
as otherwise provided in this section, the component that:
First receives a request for
access to a record, and
Has possession of the requested
record is the component ordinarily responsible for responding to the request.
Authority to grant or deny requests.
The head of a component, or his designee (i.e. disclosure officer), is authorized to make an
initial grant or denial of any request for access to a record in the possession of that component.
Processing of requests for access
not properly addressed. A request for access that is not properly addressed as specified in
§71.2 shall be forwarded to the Assistant Secretary for Administration and Management, who
shall forward the request to the appropriate component or components for processing. A request not
addressed to the appropriate component will be deemed not to have been received by the Department
until the Assistant Secretary for Administration and Management has forwarded the request to the
appropriate component which has the record and that component has received the request. When the
component receives an improperly addressed request, it shall notify the requester of the date on which
it received the request. Accordingly, a request for access shall be deemed received on the date that
it is received in the appropriate component.
Date for determining responsive records.
In determining the extent to which records are responsive to a request for access, a component ordinarily
will include only those records within the component's possession and control as of the date of its receipt of the
First party requests. A request for
access by the individual data subject for his or her own records shall be processed both under
the Freedom of Information Act (FOIA) and the Privacy Act (PA).
[63 FR 56743, Oct. 22, 1998]